Allstate Insurance v. Shelby

MEMORANDUM OPINION AND ORDER

FITZWATER, District Judge.

A forum skirmish typically fought in two Texas state courts requires this Erie court to determine whether Texas permits an insurer who is completely successful before the Industrial Accident Board (“IAB”) to appeal the IAB’s final award. Concluding that Texas does not permit such an appeal, the court grants defendant’s motion for summary judgment 1 and dismisses this action for want of subject matter jurisdiction,

I

BACKGROUND

As they pertain to the question presented, the facts are undisputed. Plaintiff, Allstate Insurance Company…