Plaintiff's Response to Vopak Terminal Deer Park Inc. and Vopak North America Inc.'s Supplemental Plea in Abatement

On March 14, 2017 a personal inj (non-auto) case was filed by Jordan, Justin, represented by Cole, James W., against Arkema Inc, Evoqua Water Technologies, Luna Engineering And Design Inc et al. represented by Moss, William Andrew, Nebel, Roger Henry, Shipley, George Thomas, Smith, James David, and Ware, James L., in the jurisdiction of Harris County. Judge MICHAEL GOMEZ presiding.

                        
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CAUSE NO. 2017-17619 Justin Jordan, § IN THE DISTRICT COURT OF Plaintiff § § VS. § HARRIS COUNTY, TEXAS § Vopak Terminal Deer Park Inc and § Vopak North America Inc. (d/b/a § Vopak Americas), § Defendant § 129TH JUDICIAL DISTRICT PLAINTIFF’S RESPONSE TO VOPAK TERMINAL DEER PARK INC. AND VOPAK NORTH AMERICA INC.’S SUPPLEMENTAL PLEA IN ABATEMENT Plaintiff, Justin Jordan, responds to the Vopak Defendants’ Supplemental Plea in Abatement. Introduction Mere hours after Jordan filed his response to Defendants’ Motions for Summary Judgment and to Abate, the Vopak Defendants filed a “supplemental” Motion to Abate. The motion contains little new argument but seriously distorts the law. Jordan agrees with Defendants that “Texas law is clear.” But unfortunately for Defendants, the clear law of Texas supports Plaintiff’s position, not Defendants’. Texas law is crystal clear that no abatement is required unless the Texas Department of Insurance, Division of Workers’ Compensation (DWC) has exc…

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