RePipe, Inc. v. Turpin (Tex.App.- Houston [14th Dist.] July 29, 2008)(Guzman) (employment law, written employment contract, remittiture suggested) REVERSED AND REMANDED: Opinion by Justice Guzman Before Justices Brock Yates, Guzman and Boyce 14-06-00704-CV RePipe, Inc. v. James E. Turpin Appeal from 129th District Court of Harris County Trial Court Judge: Samuel Grant Dorfman Coleman v. Revak (Tex.App.- Houston [1st Dist.] June 19, 2008)(Hanks) (employment at will) AFFIRM TC JUDGMENT: Opinion by Justice Hanks Before Justices Nuchia, Alcala and Hanks 01-07-00438-CV Stanley Russell Coleman v. Lynn A. Revak, Revak Turbomachinery Services, Inc., Revak Enterprises, Inc., L-Mart International Corporation, Revak Controls Corporation, Turbo Storage Service Company, and Revak Energy, Inc.--Appeal from 11th District Court of Harris County Trial Court Judge: Hon. Mark Davidson Texas Supreme Court Issues new opinion in Payday Act case expanding res judicata doctrine to dismiss suit for unpaid wages Igal v. Brightstar Information Tech Group. Inc., No. 04-0931(Tex. May 2, 2008) (substituted opinion by Justice Dale Wainwright) SALEH W. IGAL v. BRIGHTSTAR INFORMATION TECHNOLOGY GROUP, INC. AND BRBA, INC.; from Dallas County; 11th district (11-03-00099-CV, 140 S.W.3d 820, 06-30-04) The Court's opinion of December 7, 2007 is withdrawn and the opinion of this date is substituted. The dissenting opinion by Justice Brister and the judgment, issued December 7, 2007, remain in place. The Court's opinion of December 7, 2007 is withdrawn and the opinion of this date is substituted. The dissenting opinion by Justice Brister and the judgment, issued December 7, 2007, remain in place. O’Neil v. Ector ISD, No. 07-0084 (Tex. Mar. 28, 2008)(per curiam) (teacher contract dispute, exhaustion of administrative remedies, limitations) Mission Consolidated ISD v. Garcia, No. 05-0734 (Tex. Mar. 28, 2008)(O’Neill)(public employment, wrongful termination claim, TTCA, tort claims, TCHRA claim, immunity waiver) Pride International, Inc. v. Bragg (Tex.App.- Houston [1st Dist.] Apr. 3, 2008)(Bland) (employment law, severance pay dispute) AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-07-00188-CV Pride International, Inc. v. Paul A. Bragg Appeal from 295th District Court of Harris County Trial Court Judge: Hon. Tracy Christopher Employment was at will despite employment contract that stated one-year term; contract provided for termination without cause McGee v. Abrams Technical Services, Inc. (Tex.App.- Houston, March 6, 2008)(Alcala) (employment law, no breach of contract, summary judgment for Defendant affirmed, employment at will) AFFIRM TC JUDGMENT: Opinion by Justice Alcala 01-06-00590-CV Phillip J. McGee v. Abrams Technical Services, Inc. Appeal from 215th District Court of Harris County Trial Court Judge: Hon. Levi J. Benton Miller v. Raytheon Aircraft Co. (Tex.App.- Houston [1st Dist.] Apr. 19, 2007)(Bland) [employment law, wrongful termination claim] AFFIRM TC JUDGMENT: Opinion by Justice Bland Before Chief Justice Radack, Justices Jennings and Bland 01-05-00787-CV Eric Miller v. Raytheon Aircraft Company, Raytheon Travel Air, and Flight Options, L.L.C. Appeal from 10th District Court of Galveston County (Judge David E. Garner) Mustang Security and Investigations, Inc. v. Alpha & Omega Services, Inc. (Tex.App.- Houston - Houston [1st Dist.] Nov. 15, 2007)(Taft)(at will employment) AFFIRM TC JUDGMENT: Opinion by Justice Taft Before Justices Taft, Hanks and Higley 01-06-00093-CV Mustang Security and Investigations, Inc., Marilyn Wachel v. Alpha & Omega Services, Inc. Appeal from 152nd District Court of Harris County (Hon. Kenneth P. Wise) Texas Supreme Courts Holds that Worker Forfeits Right to Sue because he Utilized Administrative Process to Bring Claim for unpaid wages even though Legislature created Payday Act as an additional remedy and Commission held that it did not have jurisdiction; Court accords res judicata effect to Commission's dismissal of late statutory claim even though Commission is not a court and did not have jurisdiction to adjudicate common-law claim (which was not yet time-barred). Igal v. Brightstar Information Technology Group, Inc. 04-0931 (Tex. Dec. 8, 2007)(First opinion by Wainwright) (employment law, Texas Payday Act, res judicata based on Commission ruling) SALEH W. IGAL v. BRIGHTSTAR INFORMATION TECHNOLOGY GROUP, INC. AND BRBA, INC.; from Dallas County; 11th district (11-03-00099-CV, 140 S.W.3d 820, 06/30/04) The Court affirms the court of appeals' judgment. Justice Wainwright delivered the opinion of the Court as to Parts I, II, III, IV.A, IV.B.2, and V, in which Justice Green, Justice Johnson, Justice Willett, and Justice McCoy joined, and an opinion as to Part IV.B.1, in which Justice Green, Justice Johnson, and Justice Willett joined. Justice Brister delivered a dissenting opinion, in which Chief Justice Jefferson, Justice O'Neill, and Justice Medina joined. (Justice Bob McCoy sitting by appointment pursuant to section 22.005 of the Texas Government Code) (Justice Hecht not sitting) Green v. Quality Dialysis One LP (Tex.App.- Houston [14th Dist.] Aug. 7, 2007)(Anderson) (employment law, contract, discovery prior to summary judgment) AFFIRMED: Opinion by Justice Anderson Before Justices Brock Yates, Anderson and Hudson 14-05-01247-CV Shawn D. Green v. Quality Dialysis One LP, d/b/a Quality Dialysis, QDI Management, LLC--Appeal from 240th District Court of Fort Bend County (Judge Thomas Ralph Culver) Costello v. Bank of America (Tex.App.- Houston [14th Dist.] Dec. 11, 2007)(Seymore) (employment law discharge, SJ, worker's comp. retaliation) AFFIRMED: Opinion by Justice Seymore Before Justices Anderson, Fowler and Seymore 14-06-00195-CV Mitzie Costello v. Bank of America, N.A. Appeal from 129th District Court of Harris County (Hon. Grant Dorfman) W.R. Grace & Co v. Taylor (Tex.App.- Houston [14th Dist.] May 17, 2007)(Edelman)(noncompete) (employment law, noncompete agreements, termination, enforceability) AFFIRMED: Opinion by Justice Edelman Before Justices Anderson, Fowler and Edelman 14-06-01056-CV W.R. Grace & Co.-Conn v. James R. Taylor Appeal from 10th District Court of Galveston County (Judge David Edward Garner) Perkins v. Ulrich (Tex.App.- Houston [14th Dist.] Apr. 24, 2007)(Yates) (employment at will, employee accepted change in compensation policy by continuing to work) Kelley v. Humble Independent School District (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Alcala)(teacher discrimination suit) Dias v. Goodman Manufacturing Co. (Tex.App.- Houston [14th Dist.] Jan. 9, 2007)(Guzman)(THCRA discrimination, age, retaliatory discharge) Shekhani Enterprises, Inc. v. A/M Mechanical Services (Tex.App.- Houston [14th Dist.] Nov. 15, 2007) (Nuchia)(employee check fraud, company check endorsement) AFFIRM TC JUDGMENT: Opinion by Justice Nuchia 01-06-00629-CV Shekhani Enterprises, Inc. v. A/W Mechanical Services, L.P. Appeal from 334th District Court of Harris County (Hon Sharon McCally) Simplified Development Corp. v. Garfield (Tex.App.- Houston [14th Dist.] Nov. 6, 2007)(Anderson) (employment law, breach of contract, stock options) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Anderson 14-06-00526-CV Simplified Development Corp. and James P. Cashiola v. John Garfield Appeal from 295th District Court of Harris County (Hon. Tracy Kee Christopher) Case involves a breach of two contracts: an employment contract and a stock option agreement. Appellants/cross- appellees, Simplified Development Corporation and James P. Cashiola, appeal a judgment awarding damages and attorneys' fees to appellee/cross-appellant Jon Garfield. In turn, Garfield appeals the trial court's disregarding of the jury's answer finding that Simplified's breach of Garfield's Stock Option Agreement damaged Garfield in the amount of $3 million. Court of appeals affirms in part and reverse and remand in part. Prairie View A&M Univ. v. Dickens (Tex.App.- Houston [14th Dist.] Oct. 30, 2007)(Frost)(jurisdiction, individual capacity claims, official capacity claims, sovereign immunity) AFFIRMED IN PART; REVERSED & REMANDED IN PART: Opinion by Justice Frost Before Justices Anderson, Fowler and Frost 14-06-00966-CV Prairie View A&M University, Doris Price, Individually and as Vice President of Prairie View A&M and George Wright, Individually and as President of Prairie View A&M University v. Brian Dickens Appeal from 164th District Court of Harris County (Hon. Martha Hill Jamison) Sandel v. ATP Oil & Gas Corp. (Tex.App.- Houston [14th Dist.] Oct. 30, 2007)(Yates)(employment, stock options plan, promissory estoppel) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Edelman and Seymore 14-06-00323-CV Charles Sandel v. ATP Oil & Gas Corporation Appeal from 157th District Court of Harris County (Hon. Randall Wilson) Governmental official entitled to sovereign immunity dismissal, and to interlocutory appeal when the trial court denies plea to the jurisdiction Texas A & M Univ. Sys. v. Koseoglu, No. 05-0321 (Tex. Sep. 7, 2007)(Green) (public employment law, sovereign immunity, breach of settlement agreement, ILA, opportunity to amend) Supreme Court Rules that Plaintiff Cannot Recover on Fraud Claim as Artful Alternative to Contract Claim Barred by the Statute of Frauds Baylor Univ. v. Sonnichsen, No. 04-0851 (Tex. Apr. 20, 2007)(per curiam) (employment dispute) (fraud damages barred where same damages sought in unenforceable oral contract) Because these benefit-of-the-bargain damages are the same damages Sonnichsen sought to recover under an unenforceable contract, his fraud claim fails. See Nagle v. Nagle, 633 S.W.2d 796, 801 (Tex. 1982); see also Formosa Plastics, 960 S.W.2d at 46-47 (noting that except fraudulent inducement, contract duties and damages may not be pursued in common law tort). The trial court correctly granted summary judgment in favor of Baylor on Sonnichsen’s fraud claims. . . . We hold that the trial court did not abuse its discretion by sustaining Baylor’s special exception on Sonnichsen’s breach of contract claims and the trial court correctly granted summary judgment in favor of Baylor on Sonnichsen’s fraud claim. Therefore, without granting oral argument, we grant the petition for review, reverse the judgment of the court of appeals, and render judgment that Sonnichsen take nothing. In librarian's suit against the same university, Supreme Court holds that there was no evidence of breach of contract Baylor University v. Coley, No. 04-0916 (Tex. Apr. 20, 2007)(Hecht)(employment dispute) Justice Johnson delivered a concurring opinion in Baylor Univ. v. Coley on the issue of jury instruction Respondent Betty A. Coley contends that her former employer, petitioner Baylor University, by reassigning her responsibilities to others and thus effectively demoting her, breached her contract and forced her to resign from her tenured faculty position. The trial court rendered judgment for Baylor based on the jury’s failure to find that Coley had been constructively discharged, defined in the charge as “mak[ing] conditions so intolerable that a reasonable person in the employee’s position would have felt compelled to resign.” The court of appeals reversed and remanded, holding that the jury should have been asked whether Baylor constructively discharged Coley by “‘mak[ing] a material change in the position to which [she] was entitled under the contract.’”[1] We conclude that Coley presented no evidence Baylor breached her contract and that the jury was properly charged on constructive discharge, and we therefore reverse and render judgment for Baylor. . . . We need not decide whether there was any evidence Coley was constructively discharged to support submission of the issue to the jury since the jury answered the question “no”. There is no evidence that Baylor breached Coley’s employment contract. Accordingly, the judgment of the court of appeals is reversed and judgment is rendered that Coley take nothing. Texas Supreme Court Holds that Discontinued Deputy Constable Was Entitled to Grievance Hearing As A Matter of Procedural Due Process County of Dallas v. Lamar Walton, No. 04-0631 (Tex. Feb 16, 2007)(Hecht) Deputy constable was not resworn after new Dallas County Constable took office. Deputy, who was a civil service employee, sued county for damages and reinstatement alleging deprivation of his constitutional due process rights. The new Constable and the County relied on Deputy's signed acknowledgment that his employment was at will. The Supreme Court holds that a constable cannot unilaterally remove covered deputies from the civil service system by requiring the waiver, and that the deputy's signed statement thus had no legal effect. The Court determines that Deputy Walton has a valid procedural due process claim because he was denied a grievance hearing before the civil service commission, and remands to the trial court. Key cases: County of Dallas v. Wiland (Tex. Feb. 16, 2007)(Hecht) Terms: at will employment, civil services system, public employee, governmental entities, section 1983 action CRA SUPREME COURT CASE TABLE Also see --> Texas Workplace Case Law Employer Liability for Negligence Jack in the Box, Inc. v. Skiles, No. 05-0911 (Tex. Feb 9, 2007(per curiam) (workplace safety, injury, nonsubscriber employer, no duty, no liability for negligence) Fifth Club v. Ramirez, No. 04-0550 (Tex. Jun. 30, 2006)(Justice Paul Green) employer non liability for independent contractor torts, wrongful conduct, exceptions) Fifth Club v. Ramirez, No. 04-0550 (Tex. Jun. 30, 2006)(Concurrence by Justice Brister) Fifth Club v. Ramirez, No. 04-0550 (Tex. Jun. 30, 2006)(Dissenting opinion by Justice Willett) Loram Maintenance of Way v. Ianni, No. 04-0666 (Tex. Jun 30, 2006)(Justice Justice Green) (employer liability, employee conduct, off site, scope of employment, control, off duty, is duty owed?) Loram Maintenance of Way v. Ianni, No. 04-0666 (Tex. Jun 30, 2006)(concurrence by O'Neill) Arbitration Clauses Sheshunoff Management Services v. Johnson, No. 03-1050 (Tex. Oct. 22, 2006)(Justice Don R. Willet) (enforceability of covenant not to compete, noncompete agreements, employment at will, consideration) Chief Justice Jefferson delivered a concurring opinion in Sheshunoff v. Johnson Justice Wainwright delivered a concurring opinion in Sheshunoff v. Johnson In Re Dillard Department Stores, No. 04-1132 (Tex. Mar. 3, 2006)(per curiam opinion) (arbitration mandamus, employment, retaliatory discharge) In Re Dillard Department Stores, No. 05-0250 (Tex. Jan. 27, 2006)(mandamus)(per curiam opinion) (arbitration mandamus, employment dispute, FAA) Shareholder Liability for Corporate Debt Willis v. Donelly, No. 04-0409 (Tex. Jun. 2 ,2006)(Justice Don Willet) (corporate vs. individual liability, exposure of shareholders of closely held corporation, breach of contract) No common-law cause of action for whistleblowing The Ed Rachal Foundation v. D’Unger, No. 03-1101 (Tex. Apr. 21, 2006)(per curiam opinion) (whistle blowers, no common law cause of action, doctrine of employment at will) RECENT CASES FROM THE TEXAS COURTS OF APPEALS Johnson v. Moody International (Tex.App.- Houston [14th Dist.] Oct. 11, 2007)(Hedges) (employment law, retaliatory discharge, workers compensation claim) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Frost and Guzman 14-07-00213-CV Monica Johnson v. Moody International, Inc. Appeal from 152nd District Court of Harris County (Hon. Kenneth P. Wise) Noncompete Clauses: No need for injunction found W.R. Grace & Co v. Taylor (Tex.App.- Houston [14th Dist.] May 17, 2007)(Edelman)(noncompete) [employment law, noncompete agreements, termination, enforceability] AFFIRMED: Opinion by Justice Edelman Before Justices Anderson, Fowler and Edelman 14-06-01056-CV W.R. Grace & Co.-Conn v. James R. Taylor Appeal from 10th District Court of Galveston County (Judge David Edward Garner) W.R. Grace & Co. - Conn. (WRG) appeals the denial of its request for a temporary injunction against James R. Taylor on the grounds that: (1) after ending his employment with WRG, Taylor used WRG's proprietary information; and (2) the trial court's decision not to enjoin Taylor from soliciting WRG customers after leaving WRG's employment was based on an incorrect determination that the non- solicitation obligation in Taylor's employment agreement is unenforceable. We affirm. At will employee protested, but continued to work after compensation policy was changed, and thus accepted new policy; Houston court affirms summary judgment for employer in employee's suit to collect under the original policy - also rejects economic duress claim Perkins v. Ulrich (Tex.App.- Houston [14th Dist.] Apr. 24, 2007)(Yates) (employment at will; following In re Dillard Dep't Stores, Inc., 198 S.W.3d 778 (Tex. 2006)(orig. proceeding) AFFIRMED: Opinion by Justice Brock Yates Before Justices Brock Yates, Anderson and Hudson 14-05-00992-CV Anthony Perkins v. William Ulrich d/b/a Morrison Homes and George Wimpey of Texas Corp.--Appeal from 215th District Court of Harris County (name of judge not shown on docket) Rerich v. Lowe's Home Center, Inc. (Tex.App.- Houston [1st Dist.] May 10, 2007)(Radack)(defamation, false imprisonment) Miller v. Raytheon Aircraft Co. (Tex.App.- Houston [1st Dist.] Apr. 19, 2007)(Bland) (wrongful termination claim) AFFIRM TC JUDGMENT: Opinion by Justice Bland (Before Chief Justice Radack, Justices Jennings and Bland) 01-05-00787-CV Eric Miller v. Raytheon Aircraft Company, Raytheon Travel Air, and Flight Options, L.L.C. Appeal from 10th District Court of Galveston County (Judge David E. Garner) Kelley v. Humble Independent School District (Tex.App.- Houston [1st Dist.] Mar. 29, 2007)(Alcala)(teacher discrimination suit) Davis v. Houston Community College System (Tex.App.- Houston [1st Dist.] Jan. 25, 2007)(Alcala)(school teacher employment) (employment law, public employment, race discrimination) AFFIRM TC JUDGMENT: Opinion by Justice Alcala Before Chief Justice Radack, Justices Alcala and Bland 01-04-01160-CV Patricia Davis v. Houston Community College System (HCCS) Appeal from 152nd District Court of Harris County (Hon. Kenneth P. Wise) Werline v. East Texas Salt Water Disposal Co., Inc., No. 06-06-00039-CV (Tex.App.- Texarkana Dec. 18, 2006, pet. filed 3/13/2007)(Opinion by Justice Ross)(employment) Mosqueda v. G&H Diversified MFG (Tex.App.- Houston [14th Dist.] Jan. 31, 2007)(Seymore) [personal injury law, workplace injury, workers comp, exclusive remedy, borrowed employee] Kelley v. Texas Workforce Commission (Tex.App.- Houston [1st Dist.] )(TWC, missed deadline to file judicial review suit, failure to name employer, DWOJ) Harris County v. Cheryl Norris, No. 01-04-01087-CV (Tex.App.- Houston [1st Dist.] Nov 9, 2006, pet filed 2/15/2007 and docketed as cause no. 07-0047)(Opinion by Justice Hanks) (employment, retaliation, whistle blowing, reporting of suspected abuse) Hull v. Davis, (Tex.App.- Houston [14th Dist.] 2006)(TWC, Texas Payday Act, election of remedies, exhaustion of administrative remedies) Tricon Tool & Supply, Inc. v. Thumann, No. 01-04-01061-CV (Tex.App. - Houston [1st Dist.] 2006)(TWC, unpaid commissions, quantum meruit, express contract defense) Dias v. Goodman Manufacturing Co. (Tex.App.- Houston [14th Dist.] Jan. 9, 2007)(Guzman) (THCRA discrimination, age, retaliatory discharge) AFFIRMED: Opinion by Justice Guzman Before Justices Anderson, Hudson and Guzman 14-05-00836-CV Donald Dias v. Goodman Manufacturing Company, L.P., Goodman Holding Company and Quietflex Manufacturing Company L.P Appeal from 269th District Court of Harris County (Judge John Thomas Wooldridge) Johnson v. Moody International (Tex.App.- Houston [14th Dist.] Oct. 11, 2007)(Hedges)(employment law, retaliatory discharge, workers compensation claim) AFFIRMED: Opinion by Chief Justice Hedges Before Chief Justice Hedges, Justices Frost and Guzman 14-07-00213-CV Monica Johnson v. Moody International, Inc. Appeal from 152nd District Court of Harris County (Hon. Kenneth P. Wise) Houston Opinions | Texas Opinions | |
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