Legal Opinion

New Boston General Hospital, Inc. v. Texas Workforce Commission

Texas Court of Appeals, 6th District (Texarkana)

Decided May 15, 2001No. 06-00-00054-CVPublished

1Opinion

OPINION ON REHEARING

In their motion for rehearing, New Boston General Hospital, Inc. and Dr. James J. Naples contend that a fact issue exists as to whether the “safe harbor” provisions of the federal and state statutes apply to Becky Borgeson. We find that this point is immaterial to a proper resolution of this appeal.

Where a regulatory statute imposes a penalty for its violation but does not expressly declare that contracts in violation of its provisions are void, a contract that contravenes the provisions of the statute is not necessarily invalid. Ross Amigos Oil Co. v. State, 134 Tex. 626,…

2Cases cited5 opinions

  1. American National Insurance Co. v. TaborTexas Supreme Court · 1921
  2. Graham v. DeanTexas Supreme Court · 1945
  3. Ross Amigos Oil Co. v. StateTexas Supreme Court · 1940
  4. Borger v. Brand, CommissionerTexas Supreme Court · 1938
  5. Tubb v. Kramer Bros. NurseriesCourt of Appeals of Texas · 1951

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