Supreme Court of Texas Blog

Last month, the Court decided Igal v. Brightstar, No. 04-0931 (majority dissent), addressing what happens to a claimant whose administrative proceeding fails because he did not comply with the 180-day time limit set by the Texas Payday Law. The eight members of the Court sitting on the case¹ deadlocked 4-4, and the Chief Justice requested that the Governor appoint a court of appeals Justice to break the tie. Justice McCoy of the Second Court of Appeals in Fort Worth ultimately joined the side that held that subsequent litigation was barred under res judicata principles by the adverse administrative judgment.

I wrote about an earlier amicus filing in the case here.

After receiving an extension of time to do so, counsel for Igal has just filed his motion for rehearing. In one of the few rigid timetables the law imposes on the Texas Supreme Court, it now has 180 days (from yesterday) to rule on this pending motion.

1. Justice Hecht was recused.↩