Legal Opinion
National Union Fire Ins. Co. of Pittsburgh, Pa. v. Russell
Court of Appeals for the Fifth Circuit
Decided September 8, 1992No. 91-7064, 91-7072PublishedCited by 1 opinion
1Opinion of the Court
JERRY E. SMITH, Circuit Judge:
At issue here is the determination of jurisdictional amount, for purposes of diversity jurisdiction, under Texas’s scheme for disbursing workers’ compensation and medical benefits. In Texas, the Texas Workers’ Compensation Commission (TWCC) holds a hearing on each claim, then makes an award. If either party is not satisfied with the award, it may bring the case to court. Once suit is filed, the award is automatically “set aside,” and liability is litigated de novo. Tex.Rev.Civ.Stat.Ann. art. 8307, § 5 (workers’ compensation) (repealed Jan. 1, 1991). Both of these…
2Cases cited7 opinions
- Saint Paul Mercury Indemnity Co. v. Red Cab Co.Supreme Court of the United States · 1938
- Horton v. Liberty Mutual InsuranceSupreme Court of the United States · 1961
- Northbrook National Insurance v. BrewerSupreme Court of the United States · 1989
- Opelika Nursing Home, Inc. v. Elliott L. Richardson, Secretary of the United States Department of Health, Education and WelfareCourt of Appeals for the Fifth Circuit · 1971
- Alcide Foret and Bobby J. Dantin v. Southern Farm Bureau Life Insurance Co.Court of Appeals for the Fifth Circuit · 1991
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3Cited by1 opinion
- National Union Fire Insurance Co. Of Pittsburgh, Pennsylvania v. Barbara L. (Lillian) Russell, Socorro Rodriguez v. National Union Fire Insurance Co. Of Pittsburgh, PennsylvaniaCourt of Appeals for the Fifth Circuit · 1992