You've got the truck. You've got a client (or two). You've formed the company. Now what do you do?
This year, the Texas Workforce Commission ("TWC") is aggressively auditing trucking companies over whether independent contractors are actually employees. We believe that the motivation arises out of the State's never-ending attempt to generate revenue to compensate for the increasing demands on its unemployment payouts.
You've got the truck. You've got a client (or two). Now what do you do?
The Dallas Court of Appeals, in a case decided August 20, 2012, held that a litigant in arbitration who had information relevant to its post arbitration claim of "evident bias" waives that argument by failing to object to bias during the arbitration process. Ponderosa Pine Energy, LLC v. Tenaska Energy, Inc., No. 05-10-00516-CV, 2012 Tex. App. LEXIS 6915 (Tex. App. Dallas Aug. 20, 2012, nph). The Fifth Circuit reached a similar conclusion a week earlier in Dealer Computer Servs. v. Michael Motor Co., No. 11-20053, 2012 U.S. App. LEXIS 17162 (5th Cir. Tex. Aug. 14, 2012) (unpublished).
In a recent Texas Supreme Court case, the Court considered whether the Defendants satisfied the requirements to set aside a non-answer default judgment. See Milestone Operating Inc. v. ExxonMobil Corp., no. 11-0647, 2012 WL 5285085, (Tex. Oct. 26, 2012). In this case, Defendants failed to answer ExxonMobil's lawsuit and ExxonMobil obtained a $1.8 million dollar default judgment against the Defendants. The judgment was upheld in the lower courts, but ultimately, the Texas Supreme Court reversed the judgment and remanded the case.
In Pipkin v. Kroger, the Houston Court of Appeals decided that an affidavit executed by a child could be competent evidence to defeat a summary judgment. Shea Pipkin was shopping at a Kroger store with his ten-year old son, Roman, when he slipped and fell on water. Shea sued Kroger alleging that he had suffered a broken hip requiring surgery. However, Shea died of an unrelated condition a few months after filing his lawsuit, and his father, Roy Pipkin, became executor of the Estate.