Ozan PATTERSON, Individually & as Rule 23 Class Representative on behalf of all other similarly situated individuals; John Ballenger, Individually & as Rule 23 Class Representative on behalf of all other similarly situated individuals, Plaintiffs-Appellees,
v.
MOBIL OIL CORPORATION; Forum Insurance Co.; Mobil Corp.; Glenda Matouse, Individually & as Agent for Mobil Oil Corporation; Robert Gronwaldt, Individually & as Agent for Mobil Oil Corporation; National Union Fire Insurance Company of Pittsburgh, PA; AIG National Ins. Co.; AIG Risk Management, Inc.; American International Group Incorporated; American Home Assurance Company; Insurance Company of the State of Pennsylvania, Defendants-Appellants.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
February 5, 2001.
February 5, 2001.
Attorney(s) appearing for the Case
Craig R. Smyser (argued), Larry R. Veselka, Justin M. Waggoner, Asim M. Bhansali, Smyser, Kaplan & Veselka, Houston, TX, Gilbert T. Adams, Jr., Law Offices of Gilbert T. Adams, Beaumont, TX, for Plaintiffs-Appellees.
David J. Beck (argued), Thomas Edward Ganucheau, Beck, Redden & Secrest, Houston, TX, Jude Thaddeus Heartfield, Heartfield & McGinnis, Beaumont, TX, Mark D. Wegener, Howrey, Simon, Arnold & White, Washington, DC, for Mobil Oil Corp. and Mobil Corp.
Harvey Ferguson, Jr., Paul W. Nye, Chaves, Gonzalez & Hoblit, Corpus Christi, TX, James Mayer Harris, Jr., Harris, Lively & Duesler, Beaumont, TX, for Forum Insurance Co.
Gerald W. Riedmueller, Lipscomb David Norvell, Jr., Benckenstein, Norvell & Nathan, Beaumont, TX, for Matouse and Gronwaldt.
Robert B. Wellenberger, Thompson, Coe, Cousins & Irons, Dallas, TX, Walter J. Crawford, Jr., Crawford & Olsen LLP, Beaumont, TX, for National Union Fire Ins. Co. of Pittsburgh, PA, AIG National Ins. Co., AIG Risk Management Inc., American Intern. Group Inc., American Home Assurance Co. and Insurance Co. of the State of Pennsylvania.
Before HIGGINBOTHAM and DeMOSS, Circuit Judges, and KENT, District Judge.
United States Court of Appeals, Fifth Circuit.
HIGGINBOTHAM, Circuit Judge:
I
This is a class action asserting RICO claims brought by employees of Mobil. The putative class asserts that Mobil failed to comply with Texas law requiring an employer to obtain workers' compensation insurance in order to benefit from the bar of negligence suits by injured employees. The complaint alleges that Mobil obtained insurance or re-insurance from wholly owned subsidiaries; assertedly this was not sufficient to make...
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