Sanchez de Arrellano v. State Farm (Tex.App.-Houston, April 11, 2006)(Anderson) [insurance coverage, exclusion, duty to defend, death, work site, nonsubscriber, workers comp] AFFIRMED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Brock Yates and Anderson 14-05-00466-CV Rosa Velia Sanchez De Arrellano, Individually and a/n/f of Griselda Arrellano, Jamie Arrellano and Cesar Arrellano, Minors; Josefina Del Gadillo, as Representative of the Estate of Jamie Arrellano, Deceased; Ines Martinez De Arrellano v. State Farm Fire and Casualty Company Appeal from 295th District Court of Harris County
Hernandez v. Harsco Corp. (Tex.App.-Houston [14th Dist.] April 18, 2006)(Anderson) [workplace safety, death by fall, negligence, duty, proximate cause, summary judgment for employer affirmed] AFFIRMED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Brock Yates and Anderson 14-05-00481-CV Rosa Maria Hernandez Lopez, Individually; as Representative of the Estate of Victor Escobar, Deceased; and a/n/f of Victor Ramon Escobar, Rosina Escobar Hernandez and Manuel Escobar Hernandez, Minors v. Harsco Corporation Appeal from 269th District Court of Harris County
Morse Wholesale Paper Co. v. Talley (Tex.App.-Houston [14th Dist.] April 18, 2006)(Murphy) AFFIRMED: Opinion by Judge Murphy [at will employment and noncompete agreement, not valid and enforceable, no contemporaneous consideration in exchange, denial of temporary injunction affirmed] Before Judge Murphy, Justices Brock Yates and Guzman 14-05-01180-CV Morse Wholesale Paper Company v. Bill Talley Appeal from 234th District Court of Harris County
Payday Act Claim Requires Compliance With Statutory and Administrative Rules and Deadlines
Hull v. TWC (Tex.App.- Houston [14th Dist.] Dec. 21, 2006)(Anderson) [payday law claim, election of remedies, judicial review of administrative determination by TWC, exhaustion of remedies, untimely administrative request for rehearing, DWOJ] AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Edelman and Frost 14-05-00785-CV Donald Wayne Hull v. Texas Workforce Commission Appeal from Co Civil Ct at Law No 4 of Harris County (Hon. Roberta Anne Lloyd) Concurring Opinion by Justice Frost Workers Compensation
Hull v. TWC (Tex.App.- Houston [14th Dist.] Dec. 21, 2006)(Anderson)(judicial review of TWC ruling) [payday law claim, election of remedies, judicial review of administrative determination by TWC, exhaustion of remedies, untimely administrative request for rehearing, jurisdiction DWOJ by trial court] AFFIRMED: Opinion by Justice Anderson Before Justices Anderson, Edelman and Frost 14-05-00785-CV Donald Wayne Hull v. Texas Workforce Commission Appeal from Co Civil Ct at Law No 4 of Harris County (Hon. Roberta Anne Lloyd) Concurring Opinion by Justice Frost
Workplace Safety
Bed, Bath and Beyond v. Urista No. 04-0332 (Tex. Dec. 29, 2006)(Green) [personal injury law, PI, workplace injury, jury instruction, charge error, harmless error] 04-0332 BED, BATH & BEYOND, INC. v. RAFAEL URISTA; from Harris County; 1st district (01-02-00150-CV, 132 S.W.3d 517, 02/19/04) The Court reverses the court of appeals' judgment and remands the case to that court. Justice Green delivered the opinion of the Court, joined by Justice Hecht, Justice O'Neill, Justice Wainwright, Justice Brister, Justice Johnson, and Justice Willett
In this case we decide whether an unavoidable accident instruction given to the jury caused reversible error and requires a new trial. We conclude that because the record does not support a finding that the trial court’s submission of the instruction probably caused the rendition of an improper judgment, Tex. R. App. P. 61.1(a), any error in including the instruction in the jury charge was harmless. Accordingly, we reverse the court of appeals’ judgment and remand the case to that court for consideration of the remaining issues.
Hill v. Consolidated Concepts (Tex.App.- Houston [14th Dist.] Aug. 31, 2006)(Fowler) [workplace safety, fall from roof, negligence, gross negligence, admission of evidence, collateral source doctrine, improper jury argument] AFFIRMED: Opinion by Justice Fowler Before Justices Hudson, Fowler and Frost) 14-05-00345-CV John Earnest Hill Jr.; John Anthony Hill, Matthew David Hill, and Gracie Love Hill, Minor Children by and through next friend John Earnest Hill. Jr.; and Christina Hill, Wife of John Earnest Hill, Jr., v. Consolidated Concepts Inc. Appeal from 165th District Court of Harris County (Judge Elizabeth Ray)
De Leon v. Hernandez (Tex.App.- Houston [1st. Dist.] Aug 31, 2006, pet denied 4/20/07)(workplace death) AFFIRM TC JUDGMENT: Opinion by Justice Higley Before Justices Nuchia, Jennings and Higley 01-03-00806-CV Tomas De Leon as Administrator, et al v. Francisco Hernandez, et al Appeal from Probate Court No 2 of Harris County
Hernandez v. Harsco Corp (Tex.App.-Houston [14th Dist.] April 18, 2006)(Anderson) [workplace safety, death by fall, negligence, duty, proximate cause, summary judgment for employer affirmed] AFFIRMED: Opinion by Justice Anderson Before Chief Justice Hedges, Justices Brock Yates and Anderson 14-05-00481-CV Rosa Maria Hernandez Lopez, Individually; as Representative of the Estate of Victor Escobar, Deceased; and a/n/f of Victor Ramon Escobar, Rosina Escobar Hernandez and Manuel Escobar Hernandez, Minors v. Harsco Corporation Appeal from 269th District Court of Harris County
At will Employment Doctrine
Talford v. Columbia Medical Center at Lancaster Subsidiary, L.P., (Tex.App. - Dallas 2006)(employment at will, withdrawal of offer, BoC)
Arbitration Clauses - Supreme Court Rules That Employer's Arbitration Policy Is Enforceable
In Re Dillard Department Stores, Inc. No. 04-1132(Tex. March 2, 2006) From El Paso County; 8th district (08 -04 -00262 -CV, ___ S.W.3d ___, 11-24-04). Pursuant to Texas Rule of Appellate Procedure 52.8(c), without hearing oral argument, the Court conditionally grants the petition for writ of mandamus. Per Curiam Opinion
In this original proceeding, relator Dillard Department Stores, Inc. seeks to compel arbitration of a retaliatory discharge claim filed by its former employee. The trial court denied Dillard’s motion to compel, and the court of appeals rejected Dillard’s petition for writ of mandamus. 153 S.W.3d 145. Because the trial court clearly abused its discretion in denying the motion to compel arbitration, we conditionally grant Dillard’s petition for writ of mandamus.
Delia Garcia worked as a sales associate at Dillard’s Sunland Park store in El Paso. In August 2000, Dillard adopted an arbitration policy covering most employment disputes, including retaliatory discharge. In 2002, Garcia was fired six months after requesting workers’ compensation benefits for work-related injuries. Garcia filed the underlying suit for retaliatory discharge, and Dillard moved to compel arbitration. In response, Garcia alleged that she never agreed to the arbitration policy, and even if she had, the agreement would be unenforceable because Dillard retained the right to modify the policy at any time, rendering its promise to arbitrate illusory.
The trial court clearly abused its discretion in denying Dillard’’s motion to compel arbitration. Accordingly, without hearing oral argument, we conditionally grant the writ of mandamus and order the trial court to vacate its order denying Dillard’’s motion to compel arbitration, and to enter a new order compelling arbitration of Garcia’’s claims. Tex. R. App. P. 52.8(c)