The Texas Supreme Court issued one opinion with this week’s orders. In El Paso Hospital District v. Texas Health & Human Services Commission (No. 05-0372), the Court granted the District’s motion for rehearing, withdrew the opinion issued on August 31, 2007, and substituted another in its place. In both instances, the Court held that HHSC’s… Continue Reading
Tag Archives: Administrative Law
Texas Supreme Court Orders & Opinions 12/7/07
Posted in Supreme Court OrdersThe Texas Supreme Court issued two decisions with this week’s orders: In Igal v. Brightstar Information Technology Group, (No. 04-0931), the Court held that the Texas Workforce Commission’s final adjudication denying recovery of wages under the Texas Payday Law’s administrative procedure bars a subsequent common-law claim for the same wages in state court. Justice Brister… Continue Reading
Texas Supreme Court Orders & Opinions 11/30/07
Posted in Original Proceedings, Supreme Court OrdersThe Texas Supreme Court handed down six decisions with this week’s orders. In Mid-Century Insurance Co. v. Ademaj (No. 05-0016), a declaratory judgment action, the Court held that insurers may lawfully collect Texas Automobile Theft Prevention Authority fees from auto insurance policyholders without including such fees in rate filings required under Article 5.101 of the… Continue Reading
Jurisdiction Vested When Administrative Period Expired
Posted in Jurisdiction, Opinions & JudgmentsIn Wallace v. Texas Department of Health, the Third Court of Appeals has held that the trial court acquired subject-matter jurisdiction over a prematurely filed Texas Commission on Human Rights Act claim when the statutory administrative period ended. Under the statute, the Commission had exclusive jurisdiction over the dispute until 180 days after the employee… Continue Reading