Court Rules Fort Worth Nonsubscriber Employer’s Negligence Must Be A Cause In Fact Of Injury
TEXAS NON-SUBSCRIBER DEFENSE LAW–Fort Worth Lawsuit
Employer’s Negligence Must Be A Cause In Fact Of Injury
Hang On II, Inc. v Tuckey 1998 WL 559791 (Tex. App.-Fort worth) August 31,
1998
The trial court awarded the employee $84,500 for injuries sustained when she fell from steps at work (a topless bar). She was climbing the steps to retrieve drink glasses and alleged that the Employer was negligent because there was inadequate lighting and no guard rail.
The Fort Worth Court of Appeals reversed and rendered a judgment that the employee take nothing. There was no evidence that Hang-On’s negligence proximately caused the employee’s injury.
The mere occurrence of an injury at work, standing alone, is not probative evidence that the injury occurred because of negligence. There was no testimony that the employee fell because of the inadequate lighting or lack of a guard rail. All Hang-On did was to furnish a condition that made injury possible. There was no evidence that condition caused the injury.
Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Fort Worth, Texas nonsubscriber defense attorneys in Tarrant County who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.
The Revised Statutes are amended by inserting after section 1977 (42 U.S.C. 1981) the following new section:
“SEC. 1977A. DAMAGES IN CASES OF INTENTIONAL DISCRIMINATION IN EMPLOYMENT. [42 U.S.C. 1981a]
“(a) RIGHT OF RECOVERY. –
“(1) CIVIL RIGHTS. – In an action brought by a complaining party under section 706 or 717 of the Civil Rights Act of 1964 (42 U.S.C. 2000e-5) against a respondent who engaged in unlawful intentional discrimination (not an employment practice that is unlawful because of its disparate impact) prohibited under section 703, 704, or 717 of the Act (42 U.S.C. 2000e-2 or 2000e-3), and provided that the complaining party cannot recover under section 1977 of the Revised Statutes (42 U.S.C. 1981), the complaining party may recover compensatory and punitive damages as allowed in subsection (b), in addition to any relief authorized by section 706(g) of the Civil Rights Act of 1964, from the respondent.
“(2) DISABILITY. – In an action brought by a complaining party under the powers, remedies, and procedures set forth in section 706 or 717 of the Civil Rights Act of 1964 (as provided in section 107(a) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12117(a)), and section 505(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 794a(a)(1)), respectively) against a respondent who engaged in unlawful intentional discrimination (not an employment practice that is unlawful because of its disparate impact) under section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791) and the regulations implementing section 501, or who violated the requirements of section 501 of the Act or the regulations implementing section 501 concerning the provision of a reasonable accommodation, or section 102 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12112), or committed a violation of section 102(b)(5) of the Act, against an individual, the complaining party may recover compensatory and punitive damages as allowed in subsection (b), in addition to any relief authorized by section 706(g) of the Civil Rights Act of 1964, from the respondent.
“(3) REASONABLE ACCOMMODATION AND GOOD FAITH EFFORT. – In cases where a discriminatory practice involves the provision of a reasonable accommodation pursuant to section 102(b)(5) of the Americans with Disabilities Act of 1990 or regulations implementing section 501 of the Rehabilitation Act of 1973, damages may not be awarded under this section where the covered entity demonstrates good faith efforts, in consultation with the person with the disability who has informed the covered entity that accommodation is needed, to identify and make a reasonable accommodation that would provide such individual with an equally effective opportunity and would not cause an undue hardship on the operation of the business.
“(b) COMPENSATORY AND PUNITIVE DAMAGES. –
“(1) DETERMINATION OF PUNITIVE DAMAGES. – A complaining party may recover punitive damages under this section against a respondent (other than a government, government agency or political subdivision) if the complaining party demonstrates that the respondent engaged in a discriminatory practice or discriminatory practices with malice or with reckless indifference to the federally protected rights of an aggrieved individual.
“(2) EXCLUSIONS FROM COMPENSATORY DAMAGES. – Compensatory damages awarded under this section shall not include backpay, interest on backpay, or any other type of relief authorized under section 706(g) of the Civil Rights Act of 1964.
“(3) LIMITATIONS. – The sum of the amount of compensatory damages awarded under this section for future pecuniary losses, emotional pain, suffering, inconvenience, mental anguish, loss of enjoyment of life, and other nonpecuniary losses, and the amount of punitive damages awarded under this section, shall not exceed, for each complaining party –
“(A) in the case of a respondent who has more than 14 and fewer than 101 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $50,000;
“(B) in the case of a respondent who has more than 100 and fewer than 201 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $100,000; and
“(C) in the case of a respondent who has more than 200 and fewer than 501 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $200,000; and
“(D) in the case of a respondent who has more than 500 employees in each of 20 or more calendar weeks in the current or preceding calendar year, $300,000.
“(4) CONSTRUCTION. – Nothing in this section shall be construed to limit the scope of, or the relief available under, section 1977 of the Revised Statutes (42 U.S.C. 1981).
“(c) JURY TRIAL. – If a complaining party seeks compensatory or punitive damages under this section –
“(1) any party may demand a trial by jury; and
“(2) the court shall not inform the jury of the limitations described in subsection (b)(3).
“(d) DEFINITIONS. – As used in this section:
“(1) COMPLAINING PARTY. – The term ‘complaining party’ means –
“(A) in the case of a person seeking to bring an action under subsection (a)(1), the Equal Employment Opportunity Commission, the Attorney General, or a person who may bring an action or proceeding under title VII of the Civil Rights Act of 1964 (42 U.S.C. 2000e et seq.); or
“(B) in the case of a person seeking to bring an action under subsection (a)(2), the Equal Employment Opportunity Commission, the Attorney General, a person who may bring an action or proceeding under section 505(a)(1) of the Rehabilitation Act of 1973 (29 U.S.C. 794a(a)(1)), or a person who may bring an action or proceeding under title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.).
“(2) DISCRIMINATORY PRACTICE. – The term ‘discriminatory Practice’ means the discrimination described in paragraph (1), or the discrimination or the violation described in paragraph (2), of subsection (a).
ATTORNEY’S FEES
[This section amends section 722 of the Revised Statutes (42 U.S.C. 1988) by adding a reference to section 102 of the Civil Rights Act of 1991 to the list of civil rights actions in which reasonable attorney’s fees may be awarded to the prevailing party, other than the United States.]
SEC. 103
The last sentence of section 722 of the Revised Statutes (42 U.S.C. 1988) is amended by inserting “, 1977A” after “1977”.
Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Fort Worth, Texas employment law defense lawyers in Tarrant County who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.
ATTORNEY FEES in Texas Workers’ Compensation Cases–Pleadings
Even In a SIBs Case, Claimant Must Specifically Plead For Fees To Invoke The Trial Court’s Jurisdiction To Render Judgment For Attorney Fees
Rodriguez v. Ysleta Independent School District,, 2001 WL 125874 (Tex.App.-El Paso)
February 15, 2001
Claimant was denied SIBs by the Hearing Officer, and that decision was affirmed by the AP. Rodriguez pursued that quarter to District Court where he prevailed. However, he did not plead for attorney fees. The judge denied his request for carrier-pay fees.
The appellate court stated that there are only two exceptions to the rule that fees are to be paid “from the Claimant’s recovery”: where an insurance carrier unsuccessfully challenges a Commission order awarding SIBs, or when suing to enforce a final order of the Commission, with which the carrier has failed to comply. Neither exception of the Act applied in this case because the Carrier won at the administrative level.
Because the statute did not expressly provide for attorney fees in this situation, those fees must have been requested in the pleadings.
Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Fort Worth, Texas workers’ compensation insurance defense lawyers in Tarrant County who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.
CONTRACTOR’S FINAL RELEASE AND WAIVER OF LIEN
Project/ Owner
Contractor
Project:
Name:
Address:
Address:
Contractor Licence:
Contract Date:
/____/
TO ALL WHOM IT MAY CONCERN:
For good and valuable consideration, the receipt and sufficiency of which is hereby
acknowledged, the undersigned Contractor hereby waives, discharges, and releases any and
all liens, claims, and rights to liens against the above-mentioned project, and any and all other
property owned by or the title to which is in the name of the above-referenced Owner and
against any and all funds of the Owner appropriated or available for the
construction of said project, and any and all warrants drawn upon or issued against any such
funds or monies, which the undersigned Contractor may have or may hereafter acquire or
possess as a result of the furnishing of labor, materials, and/or equipment, and the performance
of Work by the Contractor on or in connection with said project, whether under and pursuant to
the above-mentioned contract between the Contractor and the Owner pertaining to said project
or otherwise, and which said liens, claims or rights of lien may arise and exist.
The undersigned further hereby acknowledges that the sum of ___
Dollars ($) constitutes the entire
unpaid
balance due the undersigned in
connection with said project whether under said contract or otherwise and that the payment of
said sum to the Contractor will constitute payment in full and will fully satisfy any and all liens,
claims, and demands which the Contractor may have or assert against the Owner in connection
with said contract or project.
Witness to Signature:
Dated this ___day of _______20__
Contractor
By:
____
Title:
Owner:
____
Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Fort Worth, Texas construction lawyers in Tarrant County who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.
EDM Office Services, Inc. v. Hartford Lloyds Ins. Co.
United States District Court,
S.D. Texas,
Houston Division.
EDM OFFICE SERVICES, INC., Plaintiff,
v.
HARTFORD LLOYDS INSURANCE
COMPANY, et al., Defendants.
Civil Action No. H–10–3754. July 1, 2011.
Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Fort Worth, Texas insurance defense law attorneys in Tarrant County who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.
Law in Nevada Requiring Disclosure Of Insurance Policy Limits Repealed
Insurance companies writing policies in Nevada have for years been required to disclose their insured’s policy limit to Plaintiff’s attorneys if certain conditions were met. However, Nevada’s 2015 legislature repealed the law, known as NRS 690B.042. At this point, in Nevada, insurance companies no longer are required to disclose the liability limits of their insured before a lawsuit is filed.
Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Fort Worth, Texas insurance defense lawyers in Tarrant County who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.
Likens v. Hartford Life and Acc. Ins. Co., — F.Supp.2d —- (2011)
United States District Court,
S.D. Texas,
Houston Division.
Cheryl LIKENS, Plaintiff,
v.
HARTFORD LIFE AND ACCIDENT
INSURANCE COMPANY, Defendant.
Civil Action No. H–10–155. June 29, 2011.
Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Fort Worth, Texas insurance defense and contract law attorneys in Tarrant County who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.
State of Texas and Local Agencies addresses for Texas Employment Law Attorneys, Employers and Employees
The EEOC works with the Fair Employment Practice Agencies (FEPAs) and the Tribal Employment Rights Offices (TEROs) to manage charges of discrimination and the protection of the employment rights of Native Americans. The EEOC contracts with approximately 90 FEPAs nationwide to process more than 48,000 discrimination charges annually. These charges raise claims under state and local laws prohibiting employment discrimination as well as the federal laws enforced by the EEOC. FEPA and TERO offices for the area covered by this office are listed below.
City of Austin Equal Employment/Fair Housing Office (FEPA)
Jonathan Babiak, Administrator
Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Fort Worth, Texas employment law defense lawyers in Tarrant County who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.
FORT WORTH HUMAN RELATIONS COMMISSION
1000 Throckmorton
Fort Worth, TX 76102
Michael D. Ivey, Director
Tel: (817) 871-7525
Fax: (817) 871-7529
TDD: None
The Commission serves as an enforcement agency for the Civil Rights Act of 1964, as amended, and the City of Fort Worth’s Fair Employment Ordinance No. 7278, as amended. It also serves as a deferral agency for the U.S. Equal Employment Opportunity Commission and the Texas Commission on Human Rights and an investigative agency for housing, employment, and public accommodations charges of discrimination.
Geographic area(s) served: City of Fort Worth and Tarrant County Type(s) of publications: Annual report
Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Fort Worth, Texas employment law defense lawyers in Tarrant County who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.
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Williams, McClure & Parmelee is dedicated to high quality legal representation of businesses and insurance companies in a variety of matters. We are experienced Fort Worth, Texas civil litigation lawyers in Tarrant County who know Texas courts and Texas law. For more information, please contact the law firm at 817-335-8800. The firm’s office location is 5601 Bridge Street, Suite 300, Fort Worth, Texas 76112.