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Texas Supreme Court Upholds Eastland Mandamus

The Texas Supreme Court today denied the Motion for Rehearing of Amerimex Drilling I, Ltd. in its request for mandamus review of the Eastland Court of Appeals decision in In re Texas Mutual Ins. Co.. In 2010, the Eastland Court of Appeals granted the petition for writ of mandamus filed by Arnold & Placek on behalf of Texas Mutual, holding that employers do not have a general right of standing to intervene in judicial review suits by their employees. The Eastland Court held that standing in a workers’ compensation suit must have a statutory basis. Accordingly, the Eastland court instructed the trial judge to dismiss Amerimex’s petition in intervention.

Amerimex then filed a petition for writ of mandamus asking the Supreme Court to reinstate their suit. The Supreme Court denied the petition on September 30, 2011, and denied the motion for rehearing today. Texas Mutual was represented by Scott Placek and Scott Arnold of Arnold & Placek, and by the firm of Graves, Dougherty, Hearon and Moody.

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