modified de novo standard (Texas) · Go Syfert
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modified de novo standard in Texas

24 Texas opinions name it 2 courts 1999–2023 2 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (7)

CaseFollowedCited
Texas Workers' Compensation Commission v. Garciagreen
tex · 1995 · cited in 12 Texas opinions naming this issue, 1999–2023
2 sentences

2011See id. at 254 ; see also Garcia, 893 S.W.2d at 528 ; American Zurich Insurance Co. v. Samudio, 317 S.W.3d 336 (Tex.App.-Houston (1st Dist.) 2010, pet. filed) (cases applying a modified de novo standard of review).

2011See id . at 254; see also Garcia , 893 S.W.2d at 528 ; American Zurich Insurance Co. v. Samudio , 317 S.W.3d 336 (Tex.App.--Houston (1st Dist.) 2010, pet. filed)(cases applying a modified de novo standard of review).

812
Rodriguez v. Service Lloyds Insurance Co.green
tex · 1999 · cited in 6 Texas opinions naming this issue, 2000–2011
2 sentences

2011See id. at 254 ; see also Garcia, 893 S.W.2d at 528 ; American Zurich Insurance Co. v. Samudio, 317 S.W.3d 336 (Tex.App.-Houston (1st Dist.) 2010, pet. filed) (cases applying a modified de novo standard of review).

2011See id. at 254 ; see also Garcia, 893 S.W.2d at 528 ; American Zurich Insurance Co. v. Samudio, 317 S.W.3d 336 (Tex.App.-Houston (1st Dist.) 2010, pet. filed) (cases applying a modified de novo standard of review).

66
State Office of Risk Management v. Escalantegreen
texapp · 2005 · cited in 3 Texas opinions naming this issue, 2007–2010
2 sentences

2010See Escalante, 162 S.W.3d at 626 .

2007State Office of Risk Mgmt. v. Escalante, 162 S.W.3d 619, 626 (Tex.App.-El Paso 2005, pet. dism’d) (citing Texas Workers’ Comp.

33
Leonard v. Cornyngreen
texapp · 1999 · cited in 3 Texas opinions naming this issue, 2006–2006
2 sentences

2006See , e.g ., Leonard v. Cornyn , 47 S.W.3d 524, 527 (Tex. App.--Austin 1999, pet. denied) ("It is evident that the trial court was powerless to rule on the motion to transfer venue if the court lacked subject-matter jurisdiction."). (2) Second, TPCIGA contends more generally that the Travis County district court's application of the modified de novo standard when it should have applied substantial-evidence review exceeded the court's subject-matter jurisdiction.

2006See, e.g., Leonard v. Cornyn, 47 S.W.3d 524, 527 (Tex. App.—Austin 1999, pet. denied) (“It is evident that the trial court was powerless to rule on the motion to transfer venue if the court lacked subject-matter jurisdiction.”).2 Second, TPCIGA contends more generally that the Travis County district court’s application of the modified de novo standard when it should have applied substantial-evidence review exceeded the court’s subject-matter jurisdiction.

33
Wingfoot Enterprises v. Alvaradogreen
tex · 2003 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022In exchange for this prompt recovery, the act prohibits an employee from seeking common-law remedies from his employer, as well as his employer’s agents, servants, and employees, for personal injuries sustained in the course and scope of his employment.” Wingfoot Enters. v. Alvarado, 111 S.W.3d 134, 142 (Tex. 2003) 6 If a party seeks judicial review of a final appeals panel’s decision regarding “compensability or eligibility for or the amount of income or death benefits,” then the district court reviews the appeals panel’s decision under a modified de novo standard of review.

11
Morales v. Liberty Mutual Insurance Co.green
tex · 2007 · cited in 1 Texas opinions naming this issue, 2016–2016
1 sentence

2016See Morales, 241 S.W.3d at 519 ; Texas Prop. & Cas.

11
Aguilar v. Moralesgreen
texapp · 2005 · cited in 1 Texas opinions naming this issue, 2010–2010
1 sentence

2010See Escalante, 162 S.W.3d at 626 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (3)

CaseCitedYears
American Zurich Insurance Co. v. Samudio green
texapp · 2010
2 sentences

2011See id. at 254 ; see also Garcia, 893 S.W.2d at 528 ; American Zurich Insurance Co. v. Samudio, 317 S.W.3d 336 (Tex.App.-Houston (1st Dist.) 2010, pet. filed) (cases applying a modified de novo standard of review).

2011See id . at 254; see also Garcia , 893 S.W.2d at 528 ; American Zurich Insurance Co. v. Samudio , 317 S.W.3d 336 (Tex.App.--Houston (1st Dist.) 2010, pet. filed)(cases applying a modified de novo standard of review).

22011–2011
State Office of Risk Management v. Elaine E. Banks Joiner green
texapp · 2012
1 sentence

2015No claim to original U.S. Government Works. 1 State Office of Risk Management v. Joiner, 363 S.W.3d 242 (2012) Cases that cite this headnote [4] Workers' Compensation Medical impairment; impairment ratings Fact-finder in a workers' compensation case is required to adopt the specific impairment rating arrived at by one of the physicians who examined the claimant.

12015–2015
Peterson v. Continental Casualty Co. green
texapp · 1999
1 sentence

2005Peterson, 997 S.W.2d at 895 , citing Texas Workers’ Compensation Comm’n v. Garcia, 893 S.W.2d 504, 530 (Tex.1995).

12005–2005

Statutes the citing opinions construe

TX § Tex. Lab. Code § 410.251 (11) TX § Tex. Lab. Code § 401.011 (10) TX § Tex. Lab. Code § 410.301 (10) TX § Tex. Lab. Code § 410.303 (10) TX § Tex. Lab. Code § 410.304 (10) TX § Tex. Lab. Code § 410.306 (10) TX § Tex. Lab. Code § 410.302 (9) TX § Tex. Lab. Code § 410.252 (8) TX § Tex. Lab. Code § 410.255 (8) TX § Tex. Lab. Code § 408.101 (6) TX § Tex. Lab. Code § 408.121 (5) TX § Tex. Lab. Code § 408.124 (4)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

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