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

Case No. MISSING
Regular Panel Decision

Cebcor Service Corp. v. Landscape Design and Construction, Inc.

This case involves Cebcor Service Corporation appealing a trial court's judgment that held them liable for a default judgment previously rendered against Consolidated Employment Benefit Service Corporation, also known as Cebcor Service Corporation. Cebcor argued it was never served in the underlying action and that the alter ego theory, which linked it to Consolidated, was irrelevant and improperly pleaded. The appellate court affirmed the trial court's judgment, finding that service on an alter ego constitutes valid service. The court further determined that the alter ego theory was properly pleaded and relevant to the issue of service of process in a bill of review case, and noted that Cebcor had waived challenges to the original service on Consolidated.

Alter EgoDefault JudgmentService of ProcessBill of ReviewCorporate LiabilityTexas LawAppellate ReviewCorporate VeilProcedural IssuesDue Diligence
References
13
Case No. MISSING
Regular Panel Decision

Hall v. Timmons

Kenny Timmons sued his employer, SiBon Beverage Corporation, and its chairman, Robert Hall, for personal injuries sustained after falling from a ceiling while fixing a leaky pipe. Timmons alleged negligence and sought to hold Hall liable under alter ego and single business enterprise theories, as SiBon did not subscribe to Texas Workers' Compensation. The jury initially found in favor of Timmons, but Hall and SiBon appealed the judgment. The appellate court identified reversible errors in the trial court's jury instructions concerning both alter ego and sole proximate cause. Consequently, the judgment was reversed, and the case was remanded for a new trial.

Workers' CompensationPersonal InjuryEmployer LiabilityAlter Ego DoctrineSingle Business EnterpriseCorporate Veil PiercingNegligenceProximate CauseJury InstructionsAppellate Reversal
References
26
Case No. 05-17-01010-CV
Regular Panel Decision
Jul 16, 2018

Abraham Khajeie, Ali Soltanian and Masoud Tashakori v. Ruben Garcia-Martinez

Ruben Garcia-Martinez sued Eagle Wholesale, Inc. and its owners for negligence and alter ego after sustaining injuries from a forklift fall. The trial court found both the corporation and its owners jointly and severally liable for $50,000. The owners appealed, contending that Garcia failed to present sufficient evidence to pierce the corporate veil and hold them individually liable under an alter ego theory. The Court of Appeals agreed, finding no evidence of commingling funds, misrepresentation of financial backing, diversion of profits, inadequate capitalization, or failure to separate corporate and personal assets. Consequently, the appellate court reversed the trial court's judgment regarding the individual liability of the owners and remanded the case for an amended judgment consistent with its opinion.

Corporate VeilAlter Ego DoctrineIndividual LiabilityNegligenceWorkplace InjuryForklift AccidentLegal Sufficiency of EvidenceAppellate ReviewTexas LawJoint and Several Liability
References
8
Case No. 2021 NY Slip Op 07077 [200 AD3d 573]
Regular Panel Decision
Dec 21, 2021

Colon v. 251 Lexington I LLC

In this appellate decision, the court unanimously affirmed an order denying defendant Y Properties Holdings, LLC's motion to dismiss the complaint against it. Y Properties failed to provide sufficient documentary evidence to conclusively establish that it was the alter ego of the plaintiff's employer, nonparty Yeshiva University, at the pre-answer stage of the proceedings. The evidence showed that Y Properties was separately incorporated with a distinct purpose and that its assets were not interchangeable with Yeshiva's debts. While Yeshiva was the sole member of Y Properties, the LLC agreement permitted Y Properties to operate independently for its stated objectives without requiring Yeshiva's explicit involvement in its decisions. Consequently, the documentary evidence alone was deemed insufficient to irrefutably justify the dismissal of the complaint based on an alter ego theory.

Alter Ego DoctrineCorporate LiabilityMotion to DismissAppellate AffirmationDocumentary EvidenceLLC AgreementCorporate StructureEmployer-Employee RelationshipJudicial ReviewWorkers' Compensation Board
References
5
Case No. 15-01392
Regular Panel Decision
Oct 24, 2018

Music Mix Mobile LLC v. Newman (In re Stage Presence, Inc.)

This adversary proceeding involves claims by Music Mix Mobile, LLC and other plaintiffs against Stage Presence, Inc. and its owner, Allen Newman. Plaintiffs alleged they were not paid for services provided for a benefit concert and sought to hold Mr. Newman personally liable for Stage Presence's debts under alter ego or piercing the corporate veil theories. The court analyzed whether Mr. Newman excessively dominated Stage Presence and if this was used to perpetrate fraud or injustice. The decision concluded that Stage Presence maintained its separate corporate identity in key financial and operational aspects, and Mr. Newman genuinely believed the concert's funding was legitimate. Consequently, the court dismissed the alter ego claims against Mr. Newman while allowing the underlying claims against Stage Presence.

Bankruptcy LawAlter Ego DoctrinePiercing the Corporate VeilCorporate LiabilityCreditor ClaimsDebtor-Creditor LawFraudulent MisrepresentationContractual ObligationsCorporate FormalitiesUndercapitalization
References
33
Case No. MISSING
Regular Panel Decision

NYSA-ILA Medical & Clinical Services Fund Ex Rel. Capo v. Catucci

The NYSA-ILA Medical & Clinical Services Fund, an employee medical services fund, sued Sabato Catucci and his three sons for allegedly withholding payments from Saleo Trucking Corporation to the fund. This action followed a prior judgment against the corporation for delinquent contributions. The plaintiff sought to hold the defendants personally liable under alter ego, breach of ERISA fiduciary duty, and embezzlement theories. The court granted summary judgment to the plaintiff on the breach of ERISA fiduciary duty claim against Sabato Catucci, finding him to be a fiduciary who misused plan assets. However, claims against his sons were dismissed due to lack of sufficient control over the corporation. The alter ego claim against Sabato Catucci will proceed to trial, and the embezzlement claim was dismissed for not supporting a private civil cause of action.

ERISA Fiduciary DutyAlter Ego LiabilityCorporate Veil PiercingDelinquent ContributionsSummary JudgmentEmployee Benefit PlanMultiemployer FundSelf-DealingCorporate ControlLabor Law
References
32
Case No. MISSING
Regular Panel Decision

Braden v. Marquez

Sotera Pineira obtained a $20,000 judgment against her employer, Alliance Health Inc., for a work-related injury. Alliance subsequently sold its assets, prompting Pineira to pursue an alter ego theory against Frank Braden and Bill Ehrhardt, alleging they were Alliance's alter egos to satisfy the judgment. Ehrhardt filed a special appearance, and both Braden and Ehrhardt filed a plea to the jurisdiction, asserting that the trial court lacked jurisdiction to add them to the lawsuit after the original judgment became final. The trial court denied both motions, prompting Braden and Ehrhardt (relators) to seek a writ of mandamus. The appellate court denied leave to file the petition for writ of mandamus, finding no clear abuse of discretion in the denial of the special appearance and no extraordinary circumstances warranting mandamus relief for the plea to the jurisdiction.

MandamusSpecial AppearancePlea to JurisdictionAlter EgoCorporate VeilPersonal JurisdictionSubject Matter JurisdictionEnforcement of JudgmentAbuse of DiscretionAdequate Remedy by Appeal
References
18
Case No. 14-18-00060-CV
Regular Panel Decision
Oct 10, 2019

Christopher Durham v. Barbara Accardi and Jules Accardi

Christopher Durham, an at-will employee of Austin Budget Signs, Inc. (ABS), suffered serious injuries after falling from an elevated lift while performing maintenance on a sign. ABS did not carry workers' compensation insurance. Durham filed a lawsuit against ABS, Barbara Accardi, and Jules Accardi, alleging negligence, negligence per se, gross negligence, and that the Accardis were liable under alter ego and sham entity theories. The Accardis successfully moved for summary judgment, arguing a lack of evidence regarding individual duty, breach, and proximate cause, and challenging the corporate veil-piercing claims. The appellate court affirmed the summary judgment, finding that Durham failed to challenge all grounds for summary judgment on his negligence claims and did not present sufficient evidence to establish alter ego or sham to perpetrate a fraud.

NegligenceGross NegligenceNegligence Per SeSummary JudgmentCorporate Veil PiercingAlter EgoSham EntityAppellate ReviewDuty of CareProximate Cause
References
35
Case No. MISSING
Regular Panel Decision

District Council No. 9 v. APC Painting, Inc.

Plaintiff District Council No. 9 (the Union) initiated this action under the Labor Management Relations Act to enforce several arbitration awards against APC Painting, Inc., its related APC and Apollo entities, and individual Gregory Fucci. The Union sought to confirm awards from the Joint Trade Committee (JTC) regarding violations of a collective bargaining agreement, including underpayment of wages and employment of non-union workers. Defendants moved to dismiss claims against Fucci and the Apollo entities, arguing non-participation in arbitration and denial of alter ego liability. Magistrate Judge Gorenstein denied the defendants' motion, allowing the alter ego theory to be pursued, and granted the Union's motion for partial summary judgment. The court confirmed the arbitration awards against the APC entities, affirming the limited judicial review of such awards and rejecting defendants' objections.

Labor LawArbitration AwardCollective Bargaining AgreementLMRA Section 301Alter Ego DoctrineCorporate Veil PiercingSummary JudgmentMotion to DismissWage ViolationsFringe Benefits
References
85
Case No. 01-06-00424-CV
Regular Panel Decision
Aug 14, 2009

Rhonda Wilson and Thomas Stevenson v. Sam Davis, Amalgam Western

Appellants, Rhonda Wilson, Rick Wilson, Pamela Mann, and Tommy Stevenson, appealed a take-nothing summary judgment granted to appellees Amalgamated Western Co., Inc. (AWC) and Sam D. Davis. The case stems from a fatal collision caused by Jeannie Davis, Sam Davis's wife and an AWC shareholder, who was driving while highly intoxicated. Appellants sought to hold AWC and Sam Davis liable through various theories, including respondeat superior, alter ego, and negligent entrustment, arguing that the Davises misused AWC's corporate assets for personal expenses, leading to undercapitalization and an injustice to the victims. The Court of Appeals affirmed parts of the summary judgment, including the rejection of respondeat superior liability for AWC, but reversed the judgment regarding alter ego liability against AWC and most claims against Sam Davis, finding fact issues existed. The case was remanded for further proceedings.

Corporate Veil PiercingAlter EgoRespondeat SuperiorNegligent EntrustmentWrongful DeathSummary Judgment AppealVicarious LiabilityCorporate FormalitiesUndercapitalizationIntoxicated Driving
References
48
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