CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. M2007-02787-COA-R3-CV
Regular Panel Decision
Mar 19, 2009

Liberty Mutual Insurance Company v. Friendship Home Health Agency, LLC

This case involves an appeal from the Chancery Court for Davidson County concerning a dispute over workers' compensation insurance premiums. Liberty Mutual Insurance Company sued Friendship Home Health Agency, LLC for unpaid balances after audits revealed underreported payroll. Friendship Home Health Agency, LLC appealed the trial court's judgment, citing the denial of a continuance, the rejection of an accord and satisfaction defense, and a waived statute of frauds argument. The Court of Appeals of Tennessee affirmed the trial court's decision, finding no abuse of discretion in denying the continuance and no evidence to preponderate against the finding of no accord and satisfaction. The court also deemed the statute of frauds defense waived due to improper raising.

Workers' Compensation InsuranceInsurance PremiumsAudit DisputeContinuance MotionAccord and SatisfactionStatute of FraudsAbuse of DiscretionAppellate ReviewContract LawPayroll Underestimation
References
37
Case No. 15-24-00066-CV
Regular Panel Decision
Jan 29, 2025

Richard Mark Dudley and Deanie Palmer Dudley v. Texas Municipal Power Agency

This document is a reply brief filed by Richard Mark Dudley and Deanie Palmer Dudley (Appellants) against Texas Municipal Power Agency (Appellee). The brief addresses several points on appeal from the 272nd District Court, Brazos County, Texas. Key arguments include that the trial court's declaratory relief improperly expanded and rewrote the Easement, particularly concerning TMPA's discretion and the interpretation of "wall" versus "fence." The appellants also argue that TMPA incorrectly relied on Texas Civil Practice & Remedies Code §37.011 for injunctive relief without proper pleading or proof, and failed to meet requirements under Texas Rule of Civil Procedure 683. A significant portion of the brief challenges the award of attorney's fees to TMPA, asserting that TMPA failed to provide sufficient evidence for reasonable hourly rates and hours worked, and that the trial court abused its discretion in the award's amount. The Dudleys request the appellate court to reverse the trial court’s judgment, vacate declaratory judgments and permanent injunctions, and deny TMPA’s attorney’s fees claims, or alternatively, reverse and remand the case.

Easement RightsDeclaratory JudgmentPermanent InjunctionAttorney's FeesAppellate ProcedureLodestar MethodHourly RatesTrial Court DiscretionPleadingsBrazos County
References
14
Case No. MISSING
Regular Panel Decision
Feb 01, 2001

Silva v. Incorporated Village of Hempstead Community Development Agency

Jose Silva, an employee of Mar Jea Equipment, Inc., was allegedly injured during construction work on property owned by the Incorporated Village of Hempstead Community Development Agency. Silva sued the Agency for personal injuries. The Agency, in turn, initiated a third-party action against Mar Jea for indemnification. Mar Jea moved to dismiss this third-party complaint, arguing that the Agency's claim for common-law indemnification was barred by Workers’ Compensation Law § 11. Although the Agency contended it had a claim for contractual indemnification, the subcontract between Mar Jea and the general contractor required written consent from the Agency, which was never obtained. Consequently, the Supreme Court granted Mar Jea's motion to dismiss, a decision that was subsequently affirmed on appeal.

Personal InjuryConstruction AccidentThird-Party ActionIndemnificationContractual IndemnificationCommon-Law IndemnificationSubcontractCondition PrecedentWorkers' Compensation LawSummary Judgment
References
2
Case No. MISSING
Regular Panel Decision

Lewis Family Farm, Inc. v. Adirondack Park Agency

Lewis Family Farm, Inc. (LFF), an organic farm, initiated construction of three single-family dwellings for employees within a resource management area of the Adirondack Park without a permit. The Adirondack Park Agency (Agency) issued a cease and desist order and sought enforcement, arguing these were 'single family dwellings' requiring permits, not exempt 'agricultural use structures'. LFF challenged the Agency's jurisdiction and interpretation, asserting that dwellings associated with agricultural use should be considered 'agricultural use structures'. The court annulled the Agency's determination, concluding that single-family dwellings 'directly and customarily associated with agricultural use' can qualify as 'agricultural use structures' under the APA Act, thereby dismissing the Agency's enforcement action.

Adirondack Park Agency ActAgricultural Use StructuresSingle Family DwellingsResource Management AreasPermit RequirementsStatutory InterpretationSubdivision of LandFarm Worker HousingArticle 78 ProceedingAdministrative Determination
References
54
Case No. 09-22-00336-CV
Regular Panel Decision
Jun 01, 2023

Jay Roger Owens v. Brock Agency, Inc. and Mark Taylor

Jay Roger Owens appealed the trial court's dismissal of his negligence lawsuit for want of prosecution and the denial of his motion to reinstate. Owens had sued Brock Agency, Inc. and Mark Taylor for injuries sustained after a fall. The trial court dismissed the case when Owens's attorney failed to appear for a pre-trial hearing, which the attorney later attributed to a calendaring error. The Court of Appeals affirmed the initial dismissal for want of prosecution but reversed the denial of the motion to reinstate, finding the attorney's explanation of a calendaring error to be a reasonable excuse and concluding the trial court abused its discretion in denying reinstatement. The case was remanded to the trial court with instructions to reinstate.

Dismissal for Want of ProsecutionMotion to ReinstateCalendaring ErrorAbuse of DiscretionAppellate JurisdictionVerified MotionAttorney ConductNegligence ClaimPremises LiabilityTexas Civil Procedure
References
43
Case No. MISSING
Regular Panel Decision

Speer v. Presbyterian Children's Home & Service Agency

Georgette Speer and the Texas Commission on Human Rights (Commission) appealed a judgment favoring Presbyterian Children’s Home & Service Agency (PCHSA). Speer, who is Jewish, was denied a senior adoption worker position at PCHSA, which cited a policy of hiring only Christians. The plaintiffs alleged employment discrimination under the Texas Commission on Human Rights Act. The trial court found PCHSA to be a religious corporation, exempt under section 5.06(1) of the Act, and ruled in its favor. The appellate court affirmed this decision, agreeing that PCHSA qualified as a religious corporation and that the senior adoption worker role involved religious activities, making the discrimination lawful. Additionally, the court upheld the trial court's discretion in not awarding attorney's fees to PCHSA, concluding that the plaintiffs' claim was not frivolous.

Employment DiscriminationReligious ExemptionTexas Commission on Human Rights ActNonprofit OrganizationReligious CorporationFreedom of ReligionDiscrimination based on ReligionAppellate ReviewFactual InsufficiencyLegal Insufficiency
References
24
Case No. 03-02-00462-CV
Regular Panel Decision
Feb 06, 2003

Texas Municipal Power Agency v. Public Utility Commission and City of Bryan

In this interlocutory appeal, the Texas Municipal Power Agency challenged a Public Utility Commission (PUC) order concerning the allocation of electricity transmission costs to the City of Bryan. Municipal Power Agency filed both an APA appeal and a Uniform Declaratory Judgment Act (UDJA) claim, the latter of which was dismissed by the district court on grounds of sovereign immunity and duplication of remedies. The Court of Appeals reversed this dismissal, ruling that the UDJA waives sovereign immunity when interpreting an agency's general statutory authority, even if a parallel APA appeal addressing specific agency actions is ongoing. The court emphasized that the UDJA action sought a broader declaration of the Commission's fundamental authority, distinguishing it from merely challenging a particular agency order. Therefore, the case was remanded for further proceedings on the declaratory judgment claim.

Sovereign ImmunityDeclaratory Judgment Act (UDJA)Administrative Procedure Act (APA)Subject Matter JurisdictionInterlocutory AppealPublic Utility CommissionElectricity Transmission RatesStatutory InterpretationAgency AuthorityDuplicate Remedies
References
35
Case No. MISSING
Regular Panel Decision
Jun 18, 1992

Shelton Insurance Agency v. St. Paul Mercury Insurance Co.

This case involves an appeal by Shelton Insurance Agency and John M. Roberts against St. Paul Mercury Insurance Company regarding the alleged mishandling of an insurance claim. Shelton Agency initially sued St. Paul for violations of the DTPA, Texas Insurance Code, breach of contract, and breach of the duty of good faith and fair dealing after St. Paul denied coverage to its customer, Frio Drilling Company. A jury found in favor of Shelton Agency, awarding actual and exemplary damages, but the trial court granted St. Paul's motion for judgment n.o.v. The appellate court affirmed the trial court's judgment on the DTPA, insurance code, breach of good faith, and punitive damages claims. However, it reversed and rendered the judgment on the breach of contract claim, ruling that Shelton Agency was entitled to recover $34,000 for premiums it wrote off.

Insurance LawAgency LiabilityBreach of ContractGood Faith and Fair DealingDTPATexas Insurance CodeDenial of CoverageInsurance Bad FaithPunitive DamagesJudgment N.O.V.
References
30
Case No. 03-04-00050-CV
Regular Panel Decision
Jul 29, 2004

Al Boenker Insurance Agency, Inc. v. the Texas FAIR Plan Association The Texas Department of Insurance And Jose Montemayor, Commissioner of Insurance

Appellant Al Boenker Insurance Agency, Inc. appealed a summary judgment ruling in favor of the Texas FAIR Plan Association (FAIR Plan). Al Boenker had challenged a bulletin issued by FAIR Plan, which restricted fees insurance agencies could charge for homeowners insurance applications and allowed for termination of agencies violating the contract. Al Boenker argued that FAIR Plan violated the separation-of-powers doctrine and exceeded its statutory authority. The Court of Appeals affirmed the district court's judgment, concluding that FAIR Plan is not a state agency subject to the Texas Administrative Procedure Act's rulemaking provisions and acted within its authority derived from the FAIR Plan Act and its Plan of Operation by contractually limiting agent compensation and establishing conditions for agent termination.

Administrative LawInsurance LawContract LawSummary JudgmentDeclaratory JudgmentInjunctionAgency AuthoritySeparation of PowersStatutory ConstructionTexas Court of Appeals
References
16
Case No. MISSING
Regular Panel Decision

Hastings v. South Central Human Resource Agency

This is an appeal regarding the termination of two employees, Hart Hastings and Teri Laster, by the South Central Human Resource Agency (SCHRA). The trial court found SCHRA acted illegally, arbitrarily, and capriciously in summarily discharging the plaintiffs without proper notice and hearing, ordering their reinstatement with back pay. SCHRA appealed, arguing it is not a state agency, the Grievance Committee hearing did not violate the "Sunshine Law" (Open Meetings Act), and the trial court erred in interpreting its personnel policies regarding misconduct. The appellate court determined SCHRA is a state agency, but reversed the trial court's finding that the Grievance Committee violated the Sunshine Law, stating the committee was not a "governing body." Furthermore, the appellate court found the Grievance Committee did not act fraudulently, illegally, or arbitrarily in upholding the terminations, as "falsification of records" and "improper program management" could be construed as misconduct justifying immediate dismissal under SCHRA's policies.

Government agency statusEmployee terminationDue processPersonnel policiesAdministrative lawOpen meetings actSunshine lawJudicial reviewMisconductFalsification of records
References
7
Showing 1-10 of 3,100 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational