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Home You are using an outdated browser. Please upgrade your browser to improve your experience. HOME PRACTICE AREAS ATTORNEYS PHILOSOPHY HISTORY BLOG CONTACT US Legal Notices © 2013 McWhorter Cobb and Johnson, LLP 806.762.0214 PRACTICE AREAS ATTORNEYS PHILOSOPHY HISTORY BLOG CONTACT US Since 1929, our continued commitment to our clients is reflected by the continuing development of the scope and depth of our practice. get in touch SCROLL Our Blog March 18, 2019 CELEBRATING 90 YEARS (1929 -2019) McWhorter, Cobb and Johnson, LLP January 18, 2019 MCJ is pleased to announce that Michael J. Zant has been named a Stakeholder of the Firm. MCJ July 2, 2018 Establishing Venue in Civil Trials MCJ June 28, 2018 Wrongful Death–Texas Workers’ Compensation Act MCJ June 27, 2018 Texas Cemetery Law MCJ April 17, 2018 Informal Marriage (aka “Common-Law Marriage”) MCJ April 9, 2018 Homestead Exemptions MCJ October 25, 2017 Go Tech! MCJ August 31, 2017 Texting & Driving in Texas MCJ August 15, 2017 Jurisdiction for Will Contest MCJ August 1, 2017 Statute of Limitations on Counterclaims Against Decedent’s Estate MCJ June 26, 2017 Contesting a Will MCJ June 9, 2017 Welcome to our new website! Author's Name This blog is made available by McWhorter, Cobb & Johnson, LLP, and its attorneys solely for educational and informational purposes. This blog is not intended to and does not provide legal advice. By using this blog, you agree that no attorney client relationship has been created. This blog is not a substitute for competent legal advice from a licensed attorney. We value innovative ideas and use a team approach to solving these problems. click here for areas of practice & Created with Sketch. click here to meet the attorneys We solve your problems, however large or small. McWhorter, Cobb and Johnson offers broad and diverse legal services of a statewide, regional and national scope. The Firm’s clients engage in many industries and fields of endeavor, and the Firm assists them through the full spectrum of their legal needs, including counseling, transactional and litigation services. learn more about our philosophy Our Blog March 18, 2019 CELEBRATING 90 YEARS (1929 -2019) McWhorter, Cobb and Johnson, LLP January 18, 2019 MCJ is pleased to announce that Michael J. Zant has been named a Stakeholder of the Firm. MCJ July 2, 2018 Establishing Venue in Civil Trials MCJ June 28, 2018 Wrongful Death–Texas Workers’ Compensation Act MCJ June 27, 2018 Texas Cemetery Law MCJ April 17, 2018 Informal Marriage (aka “Common-Law Marriage”) MCJ April 9, 2018 Homestead Exemptions MCJ October 25, 2017 Go Tech! MCJ August 31, 2017 Texting & Driving in Texas MCJ August 15, 2017 Jurisdiction for Will Contest MCJ August 1, 2017 Statute of Limitations on Counterclaims Against Decedent’s Estate MCJ June 26, 2017 Contesting a Will MCJ June 9, 2017 Welcome to our new website! Author's Name Since 1929, our continued commitment to our clients is reflected by the continuing development of the scope and depth of our practice. call us SCROLL Our Blog March 18, 2019 CELEBRATING 90 YEARS (1929 -2019) McWhorter, Cobb and Johnson, LLP January 18, 2019 MCJ is pleased to announce that Michael J. Zant has been named a Stakeholder of the Firm. MCJ July 2, 2018 Establishing Venue in Civil Trials MCJ June 28, 2018 Wrongful Death–Texas Workers’ Compensation Act MCJ June 27, 2018 Texas Cemetery Law MCJ April 17, 2018 Informal Marriage (aka “Common-Law Marriage”) MCJ April 9, 2018 Homestead Exemptions MCJ October 25, 2017 Go Tech! MCJ August 31, 2017 Texting & Driving in Texas MCJ August 15, 2017 Jurisdiction for Will Contest MCJ August 1, 2017 Statute of Limitations on Counterclaims Against Decedent’s Estate MCJ June 26, 2017 Contesting a Will MCJ June 9, 2017 Welcome to our new website! Author's Name We are committed to providing the resources necessary to solve our clients’ legal problems. click here for areas of practice & Created with Sketch. We solve your problems, however large or small. click here to meet our attorneys McWhorter, Cobb and Johnson offers broad and diverse legal services of a statewide, regional and national scope. The Firm’s clients engage in many industries and fields of endeavor, and the Firm assists them through the full spectrum of their legal needs, including counseling, transactional and litigation services. learn more about our philosophy Our Blog March 18, 2019 CELEBRATING 90 YEARS (1929 -2019) January 18, 2019 MCJ is pleased to announce that Michael J. Zant has been named a Stakeholder of the Firm. The Law Firm of McWhorter, Cobb and Johnson, LLP, is please to announce that Michael J. Zant has been named a Stakeholder of the Firm. Mr. Zant’s practice areas will continue to include Estate Planning, Business Transactions and Commercial Litigation. July 2, 2018 Establishing Venue in Civil Trials Prior to its most recent amendment in 1995, the general venue law allowed venue “in the county in which all or part of the cause of action accrued or in the county of defendant’s residence . . .” See Chiriboga v. State Farm Mut. Auto. Ins. Co. , 96 S.W.3d 673, 681 (Tex. App.—Austin 2003, no pet.) (citing Act of May 18, 1995, 74 th Leg., R.S., ch. 138, § 1, 1995 Tex. Gen. Laws 978 (amendment 1995) (current version at Tex. Civ. Prac. & Rem. Code Ann. § 15.002(a)(1) (West 2002)) (formerly Tex. Civ. Prac. & Rem. Code § 15.001)). The 1995 amendment narrowed the venue requirement to “in the county in which all or a substantial part of the events or omissions giving rise to the claim occurred.” Quantum Elec. Inc. v. Scott & White Props. , 2007 Tex. App. LEXIS 8415, 2007 WL 3105757 (Tex. App.—Eastland 2007, no pet.) (citing Tex. Civ. Prac. & Rem. Code § 15.002(a)(1). After 1995, isolated facts connected to the lawsuit are not sufficient to establish venue, as they were under the old venue scheme. Id . (citing Chiriboga , 96 S.W.3d at 681). Under the old version, suit could be maintained where any part of a cause of action accrued, no matter how unimportant the connection might be. Chiriboga , 96 S.W.3d at 681. The amendment requires that the basis for venue be a “substantial part” of the cause of action at issue. Id . Additionally, a defendant is permitted to argue, pursuant to Tex. Civ. Prac. & Rem. Code § 15.002(b), that transfer of venue should be allowed for the convenience of the parties and witnesses and the interests of justice. Id . at 683. This is an option for transfer of venue for convenience only upon the motion of defendant. Id . It is important that you contact an attorney at MCJ to protect your rights and assist you with all litigation matters. June 28, 2018 Wrongful Death–Texas Workers’ Compensation Act Pursuant to Texas Labor Code § 408.001(a): “Recovery of workers’ compensation benefits is the exclusive remedy of an employee covered by workers’ compensation insurance coverage or a legal beneficiary against the employer or an agent or employee of the employer for the death of or work-related injury sustained by the employee.” Accordingly, if an employer is a subscriber under the Texas Workers’ Compensation Act at all times relevant to a subject accident or death, the recovery of workers’ compensation benefits is intended to be the exclusive remedy, only. However, Texas Labor Code § 408.001(b) does provide an exception for additional recovery based on intentional acts or omissions and/or gross negligence, as follows: “This section does not prohibit the recovery of exemplary damages by the surviving spouse or heirs of the body of a deceased employee whose death was caused by an intentional act or omission of the employer or by the employer’s gross negligence.” “Although the decedent’s parents and dependent siblings are among the ‘legal beneficiaries’ to whom workers’ compensation death benefits are payable, parents and siblings are not among the specified classes in the Texas Constitution who may recover exemplary damages in the case of [inte...