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In August of 2007, the Texas Supreme Court handed down the decision of Entergy Gulf States, Inc. v. Summers. In a simplification, the opinion allowed property owners to buy their way out of lawsuits brought by any employees of contractors or subcontractors working on the company's premises by purchasing worker's compensation insurance that covers the employees of the contractors or subcontractors. After the opinion was handed down, in what may be an unprecedented action, four state legislators (two Republicans and two Democrats) filed an amicus brief asking the Court to reverse the decision on rehearing. I wrote detailed posts in December when the amicus was filed that described the opinion and had a copy of the brief. The posts are available here and here. The motion for rehearing was granted earlier this month, but legislators are still keeping the pressure on the Court. Today's issue of the Austin American Statesman has a great article from Kate Alexander that describe hearings this week by both the Texas House and the Texas Senate that are focused on the decision. The article has the following excerpt that hopefully reflects the sentiment of both chambers: Rep. Helen Giddings, a Dallas Democrat and chairwoman of the House Business and Industry Committee, said the Legislature has a long history of rejecting the expanded liability protection that should have guided the court's decision. "It is about legislative intent," Giddings said. "It is about respecting the Legislature and allowing the Legislature to do its job as, obviously, we must allow for the judicial branch to do its job."
And from Senator Jeff Wentworth: If the Supreme Court doesn't correct its decision, the Legislature will have the opportunity to make it crystal clear. This issue is extremely important to workers throughout the state, and we'll try to keep regular news posted about it. Some others who have written on this are as follows:
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