The structure of the court system in Texas is covered by Article 5 of the Texas Constitution and is very complex. There are many overlapping jurisdictions, layers of courts, and differences between counties. Throw in differences of opinion, interpretation, and regional differences. The result leads many cases to the Texas Supreme Court.
Annually, the Texas Supreme Court hears an average of 110 cases and 800 appeals for review. Of the requests for review, about 12% are granted leave to appeal. All are civil cases. The Texas Supreme Court doesn’t hear criminal cases with the exception of Juvenile Delinquency.
Structure of Texas Supreme Court
Role of Texas Supreme Court
The Texas Supreme Court has the final say on the appropriateness of the application or interpretation of the law. Lower courts look to the Supreme Court and its rulings for guidance in making decisions on civil cases and Juvenile Delinquency cases.
There are Supreme Court Cases that strike the hearts and minds of all involved. They are of interest to the general public, usually. Texas is no different. From the numbers one can quickly ascertain many examples of disagreement with decisions. Plaintiffs are entitled to their day in Supreme Court, although they have a better than 1 in 10 chance of being denied.
Some of the More Interesting Texas Supreme Court Cases in 2015
Here are a few of the more interesting court cases from the Texas Supreme Court. In 2015, there were 124 decisions brought down. Of those, the top three are discussed briefly:
Kingsaire, Inc. v. Melendz
This case related to a dispute over termination of employment. The employee had been off work more than 12 weeks. In Texas, an employee is entitled to 12 weeks leave for medical reasons. After that time, the employer may implement medical leave policies including termination of employment.
The Plaintiff was dismissed after he had submitted a Workers Compensation Claim in good faith. He claimed his termination was retaliatory by the Defendant. The Supreme Court upheld that the Plaintiff had not proven retaliation and awarded for the Defendant.
Any worker off work for a long period should have a personal defense lawyer well before the 12-week limit permitted for medical leave under Texas law.
BNSF Railway v. Philips
The Plaintiff sued BNSF Railway under the Federal Employers’ Liability Act and the Locomotive Inspection Act to recover damages for a latent occupational injury. The lower court had awarded the Plaintiff $1.9 million in damages, but a dispute remained regarding the timeliness of the filing of the lawsuit. The Supreme Court found for the Railway Company. The judgment by the lower court was overturned on the basis there was no evidence presented that the lawsuit had been filed in a timely manner.
The burden rests solely with the Plaintiff to prove the case. That makes one realize the importance of having a personal defense lawyer as early as possible following an injury. It’s the only way to ensure your rights as an employee are maintained.
Lawson v. City of Diboll
The Plaintiff sued the City of Diboll after he fell and injured himself at a baseball park. He claimed it was the result of a tripping hazard. The City argued immunity from prosecution because the Plaintiff was participating in a recreation activity in the baseball park.
The Supreme Court ruled that any immunity does not apply. The reasoning was because a person watching a sport was not engaging in a recreational activity.
This case proves the responsibility for supporter safety at the thousands of playing fields throughout Texas. Proper legal advice is paramount to show due diligence. Having a personal injury defense lawyer on your side is required to ensure Plaintiff rights are upheld.
Conclusion
The decisions of the Supreme Court of Texas can ultimately affect any person living, working, playing or passing through Texas. They make interesting reading and may be found by Clicking Here.
In any case, proper legal representation should be secured at the earliest possible time. The best lawyer to call is Mark Barber, Attorney at Law. He has represented the insurance industry for more than ten years. For the past 11 years he has supported the rights of the injured. Mark has the expertise, knowledge, and passion to ensuring your rights are upheld. He’ll go to every length to ensure your rights are protected and preserved.
Whether you’re involved in a worker claim, a family dispute, a criminal action, or a DUI Mark Barber, Attorney at Law, Wichita Falls, Texas will assist you.
Call the Law Office of Mark Barber Attorney at Law at (940) 761 3009 . Mark will provide a free first consultation. You’ll be advised clearly and concisely about rights and options.
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