The Facts: Eddie Siegmund was injured in an automobile collision caused by the negligence Mariana Esquivel. Siegmund subsequently filed suit. Star-Tex Resources and Esquivel sought a defense from Granite State Insurance Company under a CGL policy. Granite State denied a defense based on the policy's auto use exclusion. Star-Tex and Esquivel then filed a declaratory action seeking a defense and indemnity from Granite State. Both sides moved for summary judgment on defense and indemnity.
The Facts: Academy, Ltd. and Academy Management Co, L.L.C. (collectively, "Academy") established an executive compensation plan in 2007. Donna Miller's husband was part of that plan. After his death, she sought $2.4 million under the plan.
The Answer (Part 2): Again, you have the Plaintiff's Original Petition. Jurisdiction and venue look good. However, father has sued individually and as next friend of his minor daughter. Both father and minor daughter were injured in an ATV accident caused by a defect in the ATV. Minor daughter was seriously injured while father only received minor injuries requiring no significant medical treatment, but resulting in loss of wages.
In 2006, the Texas Supreme Court provided a comprehensive set of guidelines requiring limited proof by Plaintiffs' attorneys for recovering attorney fees in cases where attorneys fees are statutorily mandated. The case, Tony Gullo Motors I, L.P. v Chapa, 212 S.W.3d 299 (Tex. 2006), required that claimants segregate their claims into recoverable and non-recoverable claims, and offer evidence that the fees were related to claim covered by the statute mandating attorney fees.
In this recent case, Maria Figueroa sued her employer VNA in state court for negligence due to an on-the-job injury. In re VNA, Inc., 2013 WL 1776079 (Tex. App.-El Paso 2013, no. pet. h.) VNA moved to compel arbitration on the basis of an agreement between Figueroa and VNA that employee injury claims would be arbitrated. Figueroa requested limited discovery on the enforceability of the arbitration agreement.
The Answer (Part 1):