Legal Opinion

Ludwig v. Encore Medical, L.P.

Texas Court of Appeals, 3rd District (Austin)

Decided April 19, 2006No. 03-04-00700-CVPublishedCited by 30 opinions

1Opinion of the Court

OPINION

BEA ANN SMITH, Justice.

Appellee Encore Medical L.P. 1 adopted a severance agreement to protect its key executives should a third party take control of the company. Two conditions triggered benefits under the agreement: a change of control and a termination event, defined to include an executive’s resigning for “good reason.” Joyce Ludwig sued for severance benefits, alleging that control of the company had changed and that she had terminated her own employment for good reason. Encore denied both allegations. The jury found that control of the company had changed but that Ludwig had not…

2Cases cited16 opinions

  1. City of Keller v. WilsonTexas Supreme Court · 2005
  2. Coker v. CokerTexas Supreme Court · 1983
  3. Maritime Overseas Corp. v. EllisTexas Supreme Court · 1998
  4. J.M. Davidson, Inc. v. WebsterTexas Supreme Court · 2003
  5. National Union Fire Insurance Co. of Pittsburgh v. CBI Industries, Inc.Texas Supreme Court · 1995

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3Cited by30 opinions

  1. Matis v. Golden, Texas Court of Appeals, 10th District (Waco)2007
  2. J.P. Morgan Chase Bank, N.A. Ex Rel. Bank One, N.A. v. Texas Contract Carpet, Inc., Texas Court of Appeals, 3rd District (Austin)2009
  3. TX. C.C., Inc. v. Wilson/Barnes General Contractors, Inc., Texas Court of Appeals, 5th District (Dallas)2007
  4. Seasha Pools, Inc.// Robert Hardister v. Robert Hardister// Cross-Appellee, Seasha Pools, Inc., Texas Court of Appeals, 3rd District (Austin)2012
  5. John Clayton v. ConocoPhillips CompanyCourt of Appeals for the Fifth Circuit · 2013

25 more not listed; retrieve them via the Exa API.

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