Aaron Benjamin Tilley's Legal Cases (3)

Arbitration

G.T. Leach Builders, LLC, et al. v. Sapphire VP, LP

Mar 27, 2014

OUTCOME: The Texas Supreme Court has agreed to allow briefing on the merits. The petition is pending.

Petitioners seek review of a decision of the Thirteenth Court of Appeals' decision affirming the trial court's denial of their motion to compel arbitration in a dispute arising out of Hurricane Dolly b ... ased on the validity and scope of an arbitration provision contained in a standard American Institute of Architects contract form. The dispute involves issues of contract construction, contract enforcement, waiver and estoppel and the impact of the statute of limitations.

Workers compensation

In re Peyton Waters, Jr.

Mar 18, 2014

OUTCOME: The First Court of Appeals agreed to review Waters' petition and the case settled on favorable terms.

In the underlying litigation, the real parties in interest sought damages from the owner of a private residence based on the death of a worker who fell while clearing its rain gutters. The worker was ... also the employee of the resident's privately held company. Real parties in interest argued that the homeowner/business owner was not entitled to protection under the exclusive remedy provisions of Tex. Lab. Code, Section 408.001. I drafted and filed the petition for writ of mandamus on behalf of Relator arguing that the trial court abused its discretion in denying his motion for summary judgment because binding Texas precedent treats an employee temporarily and knowingly diverted for private use by a company as an "employee" for the purposes of worker's compensation coverage and the exclusive remedy protections of the Texas Labor Code.

Litigation

The Dallas Housing Authority v. Alsal Construction, Inc. , et al.

Jul 12, 2013

OUTCOME: Defendants' Motion for Summary Judgment was granted.

The property insurer of the Dallas Housing Authority ("DHA") filed a subrogation action against a roofing contractor, et al. seeking to recover damages to the roof and interior of the building. Defend ... ants filed for summary judgment based on res judicata relying on a settlement agreement entered into by the DHA, but not the subrogating insurer, arguing that the agreement was nevertheless binding on the insurer who stood in the shoes of DHA. Although not counsel of record, I drafted the motion papers and supporting brief adopted by all defendants in the litigation.

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