Split Court Reverses Itself for Depriving Worker of Remedy

A divided Texas appellate court vacated its prior decision upholding the dismissal of an injured worker’s lawsuit against the attorney who had previously defended him in a tort action, finding it had “misapplied the collateral estoppel doctrine” and deprived the worker “of a possible remedy for a claimed serious breach of a lawyer's duty of loyalty to his client.” Case: Henry v. Notzon, No. 05-20-00994-CV, 07/25/2023, published. Facts: Kenneth Henry, an insulin-dependent diabetic, worked for Time Warner Cable as a maintenance technician. While driving a...