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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

Metropolitan Transit Authority v. Plessner

Metropolitan Transit Authority (MTA), a self-insured entity providing workers' compensation, filed a declaratory judgment action against attorneys Richard Plessner, Thomas B. Schlotzhauer, Samuel J. Miller, and William L. Lane. MTA sought a determination of its right to the entire subrogation interest in settlement proceeds from third-party claims made by its employees, after these employees had recovered workers’ compensation claims from MTA. The attorneys, who represented the employees in their third-party claims, withheld attorney's fees from MTA's subrogation interest, claiming entitlement under Tex.Rev.Civ.Stat.Ann. art. 8307, sec. 6a. The trial court denied MTA's motion for summary judgment and granted the appellees' motions, leading to this appeal. The appellate court affirmed the summary judgments, holding that the legislative intent of Article 8307, sec. 6a was to compensate attorneys who performed the work, regardless of whether a lawsuit was formally filed.

Workers' CompensationSubrogationAttorney FeesDeclaratory JudgmentSummary JudgmentStatutory InterpretationTexas LawThird-Party ClaimLegislative IntentInsurance Carrier
References
10
Case No. 15-25-00116-CV
Regular Panel Decision
Jun 30, 2025

Ken Paxton, in His Official Capacity as Attorney General for the State of Texas and the Office of the Attorney General for the State of Texas v. Delia Garza, in Her Official Capacity as Travis County Attorney; John Creuzot, in His Official Capacity as Dallas County Criminal District Attorney; And Brian Middleton, in His Official Capacity as District Attorney of Fort Bend County (268th Judicial District)

This emergency motion seeks to stay the enforcement of new rules (1 TEX. ADMIN. CODE ch. 56) adopted by the Attorney General, which impose onerous reporting requirements on district and county attorneys in large Texas counties. The trial court had temporarily enjoined these rules, but the Attorney General's appeal automatically superseded the injunction. Appellees argue the rules are invalid due to lack of statutory authority, violation of separation of powers, and improper procedure. They also contend that complying with the rules would cause irreparable harm by diverting significant resources and forcing the disclosure of confidential and privileged information, while the Attorney General would suffer no prejudice from a stay. They seek a temporary order from the Fifteenth Court of Appeals to preserve the status quo pending appeal.

Emergency MotionTemporary ReliefStay of EnforcementAdministrative RulesAttorney General AuthoritySeparation of PowersProsecutorial DiscretionConfidential InformationUnfunded MandateFiscal Impact
References
34
Case No. MISSING
Regular Panel Decision

Attorney General of Texas v. Allstate Insurance Co.

The Attorney General of Texas appealed an order setting aside a civil investigative demand (C.I.D.) issued to Allstate Insurance Company under the Texas Free Enterprise and Antitrust Act of 1983. The district court had set aside the C.I.D. in its entirety. The Attorney General contended that Allstate was not exempt from investigation, that the C.I.D.'s description of activities complied with the Act, and that the information sought was discoverable. The appellate court agreed with the first two contentions, holding that Allstate is not exempt from the Attorney General's investigative authority and that the C.I.D.'s description was adequate. However, it declined to rule on the discoverability of information, remanding that issue to the district court for further proceedings.

Antitrust LawCivil Investigative DemandInsurance RegulationState Antitrust ActMcCarran-Ferguson ActGroup BoycottAppellate CourtRemandStatutory InterpretationExclusive Authority
References
6
Case No. 03-23-00316-CV
Regular Panel Decision
Apr 16, 2025

City of Killeen, Texas and Ground Game Texas v. Bell County, Texas; The 27th Judicial District Attorney's Office; And the Bell County Attorney's Office

The City of Killeen, Texas, and Ground Game Texas appealed the trial court's denial of their pleas to the jurisdiction. The underlying lawsuit, filed by Bell County, the 27th Judicial District Attorney’s Office, and the Bell County Attorney’s Office, challenged the constitutionality and validity of a Killeen ordinance decriminalizing misdemeanor marijuana possession. Appellants argued that the appellees lacked standing and that governmental immunity barred the suit. The appellate court affirmed the trial court's order, concluding that the District Attorney’s Office had standing due to the ordinance's interference with its prosecutorial discretion and duties. It also found that governmental immunity was waived for challenges to an ordinance's validity and for concurrent claims for injunctive relief under the Uniform Declaratory Judgments Act.

Decriminalization OrdinanceMarijuana PossessionPlea to the JurisdictionGovernmental ImmunityStandingProsecutorial DiscretionUniform Declaratory Judgments ActTexas Local Government CodeTexas Health & Safety CodeTexas Code of Criminal Procedure
References
29
Case No. MISSING
Regular Panel Decision
Oct 12, 2007

Salvador-Pajaro v. Port Authority

This case involves a Port Authority police officer who sued the Port Authority for personal injuries, alleging an unsafe workplace in New Jersey. The Port Authority's motion for summary judgment dismissing the complaint was initially denied by the Supreme Court, New York County. However, the appellate court unanimously reversed this decision, granting the motion and dismissing the complaint. The court ruled that New York's Labor Law § 27-a, which was the basis for the General Municipal Law § 205-e claim, does not apply to the Port Authority as an Interstate Compact agency, particularly without concurring legislation from New Jersey. Additionally, New York Labor Law provisions concerning workplace safety do not apply to workplaces located outside of New York, even if both the injured worker and the employer are New York domiciliaries.

Interstate Compact AgencyWorkplace SafetyJurisdictionExtraterritorial ApplicationLabor LawGeneral Municipal LawSummary JudgmentPersonal InjuryPort AuthorityEmployer-Employee Relations
References
5
Case No. 03-99-00427-CV
Regular Panel Decision
May 11, 2000

Carole Keeton Rylander, as Successor to John Sharp, Comptroller of Public Accounts of the State of Texas And John Cornyn, as Successor to Dan Morales, Attorney General of the State of Texas v. Bandag Licensing Corporation

This case involves an appeal by the Comptroller of Public Accounts and the Attorney General of Texas from a district court judgment. The district court awarded Bandag Licensing Corporation (BLC) a recovery of $503,726 in franchise taxes paid under protest for the years 1992-96, along with attorney's fees. The central issue was whether BLC's mere possession of a certificate of authority to do business in Texas, without physical presence or intrastate business, constituted a 'substantial nexus' for franchise tax purposes under the Commerce Clause and Due Process Clause of the United States Constitution. The appellate court affirmed the district court's judgment, concluding that such passive possession was insufficient for taxation. Furthermore, the court found section 112.108 of the Texas Tax Code, which prohibited attorney's fees in declaratory judgment actions against the state, unconstitutional, thereby upholding the award of attorney's fees to BLC.

Franchise TaxCommerce ClauseDue Process ClauseDeclaratory Judgment ActGovernmental ImmunitySubstantial NexusCertificate of AuthorityInterstate CommerceTaxation LawConstitutional Law
References
34
Case No. 2015 NY Slip Op 00461 [124 AD3d 475]
Regular Panel Decision
Jan 15, 2015

Port Authority of New York & New Jersey v. Port Authority Police Lieutenants Benevolent Ass'n

The Appellate Division, First Department, affirmed a judgment confirming an arbitration award that found the Port Authority of New York and New Jersey violated a collective bargaining agreement by ending free E-Z Pass privileges for retired police sergeants. The court ruled that the arbitrator did not exceed his authority and that his interpretation, which vested retired members with a lifetime interest in these privileges, was not irrational. The decision also clarified that a contractual phrase regarding 'applicable law' pertains to the award's binding nature, not a ground for vacating the award due to a mistake of law.

Arbitration AwardCollective Bargaining AgreementE-Z Pass PrivilegesRetired EmployeesArbitrator's AuthorityAppellate ReviewContractual InterpretationLifetime BenefitsJudicial ReviewPublic Authority
References
5
Case No. 13-10-00016-CV, 13-10-00023-CV, 13-10-00059-CV
Regular Panel Decision

Cascos v. Cameron County Attorney

This case consolidates three interlocutory appeals primarily involving a dispute between the Cameron County Commissioners Court and the Cameron County Attorney. Appellants, comprising county officials and attorneys, challenged trial court orders that granted a temporary restraining order and a temporary injunction against them, favoring the County Attorney, and denied their plea to the jurisdiction. The appellate court conditionally granted the appellants' petition for writ of mandamus, ensuring their right to supersede the temporary injunction during appeal. While dismissing an appeal regarding the temporary restraining orders as moot, the court ultimately dissolved the temporary injunction and reversed the trial court's judgment. The court concluded that the Commissioners Court possesses implied powers to manage county business and employ legal counsel, and the County Attorney does not hold an exclusive right to represent the county in all civil matters, thereby finding the trial court abused its discretion in issuing the injunction.

Interlocutory AppealMandamusTemporary InjunctionGovernmental Entity DisputeCounty Attorney DutiesCommissioners Court AuthorityDeclaratory JudgmentStatutory InterpretationRes JudicataMootness Doctrine
References
106
Case No. 13-06-00569-CV
Regular Panel Decision
Oct 30, 2008

Canyon Regional Water Authority v. Guadalupe-Blanco River Authority, the Texas Commission on Environmental Quality, and Margaret Hoffman in Her Official Capacity as Executive Director of the Texas Commission on Environmental Quality

This case involves an appeal by Canyon Regional Water Authority (Canyon Regional) regarding water rates charged by Guadalupe-Blanco River Authority (Guadalupe-Blanco) and the administrative rules of the Texas Commission on Environmental Quality (the Commission). Canyon Regional challenged Guadalupe-Blanco's rate increases, arguing they were not

Water Rate AppealContractual InterpretationAdministrative LawDeclaratory ReliefAttorney's FeesSummary JudgmentPublic Interest HearingTexas Commission on Environmental QualityGuadalupe-Blanco River AuthorityCanyon Regional Water Authority
References
14
Case No. MISSING
Regular Panel Decision
May 18, 2001

Lamuraglia v. New York City Transit Authority

Vincenzo Lamuraglia, a construction worker, was injured after being struck by a New York City Transit Authority bus while working. He and his wife, Rosa Lamuraglia, sued the Transit Authority entities, which then initiated a third-party action against Vincenzo's employer, Premium Landscaping, Inc. A jury found the Transit Authority 65% at fault and Premium 35% at fault, awarding damages for lost earnings, pain and suffering, and loss of services. The Supreme Court reduced some of these awards. On appeal, the judgment was modified, granting a new trial on damages unless the plaintiffs agree to further reductions in their awards for pain and suffering and loss of services. The appellate court also rejected the Transit Authority's arguments regarding jury instructions on pedestrian duty of care and the emergency doctrine.

Personal InjuryNegligenceDamagesJury VerdictAppellate ReviewThird-Party LiabilityComparative FaultWorkplace AccidentBus AccidentDuty of Care
References
14
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