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

Case No. 2-05-154-CV
Regular Panel Decision
Feb 23, 2006

Woodrow S. Peery v. Stanley Mechanic Tools, Inc. A/K/A Stanley Mechanics Tools A/K/A the Stanley Works

This is an appeal in a workers' compensation employment retaliation case. Appellant Woodrow S. Peery challenged the trial court's order in favor of appellee Stanley Mechanic Tools, Inc. Peery contended that three veniremembers were biased and that the trial court erred in denying challenges for cause. The appellate court found that Peery did not properly preserve error because he failed to peremptorily strike two objectionable veniremembers and did not timely notify the trial court before the jury was empaneled. Consequently, the appellate court affirmed the trial court's judgment.

workers' compensationemployment retaliationjury selectionchallenges for causeveniremembersjury biaspreservation of errorappellate procedureTexas civil procedurememorandum opinion
References
3
Case No. MISSING
Regular Panel Decision

Interstate Mechanical Contractors, Inc. v. McIntosh

Billy McIntosh sustained a severe hand injury while operating a power roller machine at Interstate Mechanical Contractors, Inc. He subsequently tested positive for marijuana, triggering a statutory presumption under Tennessee's Drug-Free Workplace Act that his drug use proximately caused the injury. The trial court, however, found that McIntosh successfully rebutted this presumption, concluding that the injury was proximately caused by an inexperienced coworker engaging the machine, not McIntosh's impaired reaction time. Interstate Mechanical Contractors, Inc. appealed this decision, arguing the trial court erred in its application of the statutory presumption and causation. The appellate court affirmed the trial court's judgment, upholding the finding that McIntosh had successfully rebutted the presumption.

References
10
Case No. MISSING
Regular Panel Decision

Kalloo ex rel. Ulimited Mechanical Co. of NY, Inc. v. Unlimited Mechanical Co. of NY, Inc.

Plaintiffs Kevin Kalloo, Shahrazz Mohammad, and Clement Albertie sued Unlimited Mechanical Co. of New York, Inc. and its president, Nicholas Bournias, alleging violations of the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). The plaintiffs claimed they were not paid appropriate overtime compensation for hours worked, uncompensated travel time, and, in Mr. Kalloo's case, unpaid wages for his last two weeks of employment. The court found Mr. Bournias individually liable as an employer under both acts and determined that Mr. Kalloo was an employee, not an independent contractor. The court concluded that the defendants failed to pay full overtime and straight time wages for hours worked and travel time, awarding substantial damages and liquidated damages to all three plaintiffs. Defendants' counterclaims for unjust enrichment against Mr. Albertie and tortious interference against Mr. Kalloo were denied.

Wage and Hour DisputeOvertime CompensationUnpaid Travel TimeFLSA ViolationsNYLL ViolationsEmployer ResponsibilityIndividual Employer LiabilityEmployee ClassificationDamages AwardLiquidated Damages
References
0
Case No. MISSING
Regular Panel Decision

Wolfe v. KLR Mechanical, Inc.

Plaintiff Malcolm Wolfe, a millwright employed by DLX Inc., was injured when he slipped on a threaded rod while working at defendant Irving Tissue, Inc.'s paper mill. Wolfe and his wife filed an action alleging negligence and violations of Labor Law §§ 200 and 241 (6) against Irving Tissue, Inc., Northeast Riggers & Erectors, Inc. (general contractor), and KLR Mechanical, Inc. (subcontractor). The Supreme Court granted summary judgment to all defendants, dismissing the complaint. On appeal, the court affirmed the dismissal of the Labor Law § 241 (6) claims against all defendants and the other claims against Northeast Riggers & Erectors, Inc. and KLR Mechanical, Inc. However, the court reversed the summary judgment granted to Irving Tissue, Inc. concerning common-law negligence and Labor Law § 200, finding that Irving retained control of the stairway and failed to establish a lack of constructive notice of the dangerous condition. The case was remitted for further proceedings against Irving Tissue, Inc.

Labor LawSummary JudgmentPremises LiabilityConstruction AccidentRoutine MaintenanceIndustrial CodeAppellate DivisionSpecial EmployeeConstructive NoticeDangerous Condition
References
21
Case No. 03-97-00448-CV
Regular Panel Decision
Jan 14, 1999

Jeane Laurence v. State Farm Mutual Automobile Insurance Company

This appeal examines the validity of an automobile insurance policy provision. The provision allows for the reduction of uninsured motorist (UM) benefits by the amount of personal injury protection (PIP) benefits already paid to the insured. Appellant Jeane Laurence argued that this offset provision was invalid and unenforceable under Texas law and public policy, challenging the trial court's summary judgment in favor of appellee State Farm Mutual Automobile Insurance Company. The appellate court analyzed relevant Texas Insurance Code statutes and prior case law concerning UM and PIP coverages, particularly regarding the prevention of double recovery. The court ultimately affirmed the trial court's decision, concluding that the offset clause was valid when the insured's actual damages were less than the combined PIP and UM coverages.

Automobile InsuranceUninsured Motorist CoveragePersonal Injury ProtectionPIP OffsetInsurance Policy ValiditySummary JudgmentCollateral Source RuleDouble RecoveryStatutory InterpretationTexas Insurance Law
References
19
Case No. 19-0791, 19-0792
Regular Panel Decision
Mar 19, 2021

in Re State Farm Mutual Automobile Insurance Company and Todd Joseph Dauper

This case from the Supreme Court of Texas consolidates two petitions for writ of mandamus concerning underinsured motorist (UIM) insurance claims. Relators State Farm Mutual Automobile Insurance Company, Terecina Shahan, and Todd Joseph Dauper sought to overturn trial court denials of their motions for bifurcated trials. The underlying suits, brought by real parties in interest Al Dodds and Alexander Nicastro, alleged only extracontractual violations of the Texas Insurance Code, seeking UIM benefits as damages, but did not include breach-of-contract claims. State Farm argued that an insured must first establish legal entitlement to policy benefits by proving the underinsured motorist's liability and damages in an initial "car crash" trial, even if only statutory claims are pleaded. The Court agreed, holding that such a showing is a prerequisite for recovering on Insurance Code claims when damages are predicated on policy benefits. It found that denying bifurcation was an abuse of discretion, citing the need to preserve judicial resources and prevent prejudice from the admission of settlement offers. The Court conditionally granted the petitions, directing the trial courts to bifurcate the trials.

Underinsured Motorist InsuranceInsurance Code ClaimsBifurcation of TrialsWrit of MandamusExtracontractual ClaimsPolicy BenefitsTexas Civil ProcedureJudicial DiscretionTrial AbatementSettlement Offers
References
34
Case No. 13-99-814-CV
Regular Panel Decision
Feb 01, 2001

State Farm Mutual Automobile Insurance Co. v. Lopez, Alicia

This is an interlocutory appeal challenging a trial court's order certifying a class action. The appellees, Alicia Lopez, Adan Munoz, Jr., Juan Llanes, Diana Moreno, and Albert Alaniz, sued their automobile insurance carriers, State Farm Mutual Automobile Insurance Company, alleging wrongful failure to pay adequate dividends to policyholders despite significant corporate surpluses, breach of contract, and fraud. Appellants, State Farm and Wendy L. Gramm, contested the class certification on grounds of lack of jurisdiction, absence of a viable cause of action (challenging typicality), and antagonistic interests among class members (challenging adequate representation). The Court of Appeals affirmed the trial court's class certification order, ruling that the trial court had jurisdiction and did not abuse its discretion in finding that the class met the typicality and adequate representation requirements.

Class ActionInterlocutory AppealInsurance LawDividendsPolicyholdersJurisdictionTypicalityAdequate RepresentationAbuse of DiscretionTexas Law
References
37
Case No. MISSING
Regular Panel Decision

Motor Vehicle Manufacturers Ass'n of the United States, Inc. v. State

This appeal addresses the constitutional challenges brought by trade associations representing automobile manufacturers against New York's New Car Lemon Law alternative arbitration mechanism and its implementing regulations. Plaintiffs argued that General Business Law § 198-a (k) unconstitutionally deprived manufacturers of their right to a jury trial, access to Supreme Court, and constituted an improper delegation of judicial authority. The court ruled that the Lemon Law's remedies, particularly vehicle replacement, are equitable, thus preserving the right to a jury trial. It also upheld the arbitration mechanism as a reasonable alternative for dispute resolution, affirming its constitutionality regarding court access and delegation of authority. However, the court found one implementing regulation, 13 NYCRR 300.17 (c), invalid as it contravened the statute by precluding evidence of further repairs, effectively creating an irrebuttable presumption of liability.

Constitutional LawArbitrationLemon LawConsumer ProtectionGeneral Business LawRight to Jury TrialEquitable RemediesAdministrative LawJudicial ReviewStatutory Interpretation
References
21
Case No. 13-14-00478-CV
Regular Panel Decision
Jun 11, 2015

Paul Salazar v. Crossroads Mechanical, Inc.

Paul Salazar sued his former employer, Crossroads Mechanical, Inc. (CMI), alleging wrongful termination in retaliation for filing a workers' compensation claim. Salazar was fired after taking two days off for voluntary medical research appointments, despite being explicitly denied permission by his supervisor. CMI maintained that the termination was due to Salazar's violation of its two-day no-call/no-show attendance policy, which it claimed was uniformly enforced. Salazar countered that his termination was retaliatory, pointing to his supervisor's negative attitude after his workers' compensation claims, alleged policy non-adherence by CMI, and discriminatory treatment. The trial court granted summary judgment in favor of CMI, a decision which the appellate court affirmed, concluding that Salazar failed to raise a fact issue regarding whether his discharge was causally linked to his workers' compensation claim.

Wrongful TerminationRetaliatory DischargeWorkers' Compensation ClaimAbsence-Control PolicySummary JudgmentCausal LinkCircumstantial EvidencePrima Facie CaseNon-discriminatory ReasonSimilarly Situated Employees
References
16
Case No. MISSING
Regular Panel Decision

Lynch v. United States Automobile Ass'n

Plaintiff William Lynch initiated an action against the United States Automobile Association (USAA) for unpaid overtime wages, citing violations of the Fair Labor Standards Act (FLSA) and New York Labor Law. Lynch sought to amend his complaint to include other similarly situated employees who had opted into the collective action and to introduce California state-law claims for nine California-based plaintiffs. USAA opposed the amendment, primarily arguing that the court should decline supplemental jurisdiction over the California claims due to their purported novelty, complexity, potential to predominate over federal claims, or risk of jury confusion. Magistrate Judge Kevin Nathaniel Fox evaluated USAA's objections under 28 U.S.C. § 1367(c) and determined that the California state-law claims were not novel or complex, would not substantially predominate, and that jury confusion did not constitute an exceptional circumstance compelling a denial of jurisdiction. Consequently, the court granted Lynch's motion for leave to amend the complaint.

FLSAOvertime WagesFair Labor Standards ActNew York Labor LawCalifornia Labor LawRule 15(a)Supplemental JurisdictionMotion to Amend ComplaintCollective ActionClass Certification
References
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