Legal Opinion

In Re Big 8 Food Stores, Ltd.

Texas Court of Appeals, 8th District (El Paso)

Decided August 3, 2005No. 08-04-00255-CVPublishedCited by 55 opinions

1Opinion of the Court

OPINION

RICHARD BARAJAS, Chief Justice.

Relator, Big 8 Food Stores, Ltd. (“Big 8”), asks this Court to issue a writ of mandamus against Respondent, the Honorable Javier Alvarez, Judge of the County Court at Law Number Three, El Paso County, Texas. For the reasons stated, we conditionally grant relief.

I. SUMMARY OF THE EVIDENCE

Real Party in Interest, Maria Marquez (“Marquez”) was an employee of Big 8, a non-subscriber under the Texas Workers’ Compensation Act. Marquez was injured while in the course and scope of her employment. She sued Big 8 for negligence. Big 8 moved to compel arbitration…

2Cases cited38 opinions

  1. Walker v. PackerTexas Supreme Court · 1992
  2. Prima Paint Corp. v. Flood & Conklin Mfg. Co.Supreme Court of the United States · 1967
  3. Johnson v. Fourth Court of AppealsTexas Supreme Court · 1985
  4. Jack B. Anglin Co., Inc. v. TippsTexas Supreme Court · 1992
  5. Perry v. ThomasSupreme Court of the United States · 1987

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3Cited by55 opinions

  1. Delfingen US-Texas, LP v. Guadalupe Valenzuela, Texas Court of Appeals, 8th District (El Paso)2013
  2. In Re Border Steel, Inc., Texas Court of Appeals, 8th District (El Paso)2007
  3. NABORS DRILLING USA, LP v. Carpenter, Texas Court of Appeals, 4th District (San Antonio)2006
  4. In Re Readyone Industries, Inc., Texas Court of Appeals, 8th District (El Paso)2009
  5. United Rentals, Inc. and United Rentals Northwest, Inc. v. Thomas T. Smith, Texas Court of Appeals, 8th District (El Paso)2014

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