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

Case No. 12-09-00390-CV
Regular Panel Decision
Dec 08, 2010

Trussell Insurance Services, Inc. and Employment Management Service, LLC v. Image Solutions, Inc.

Trussell Insurance Services, Inc. and Employment Management Service, LLC (Trussell) appealed the denial of their motion for sanctions against Image Solutions, Inc. (Image). The underlying dispute originated from a worker's injury, where Image sought workers' compensation coverage through a policy procured by Trussell, which was subsequently denied due to the insurer's insolvency. Image then filed third-party claims against Trussell for negligence and breach of contract, leading Trussell to counterclaim for sanctions. Despite both parties acknowledging the necessity of an evidentiary hearing for the sanctions motion, none was conducted. The appellate court determined that Trussell waived its right to sanctions by failing to secure an evidentiary hearing and by participating in a non-evidentiary one. Consequently, the trial court's denial of the sanctions motion was affirmed.

SanctionsSummary JudgmentEvidentiary HearingWaiverTexas Civil ProcedureTexas Civil Practice and Remedies CodeWorkers' CompensationInsurance LitigationAppellate ReviewAbuse of Discretion
References
19
Case No. MISSING
Regular Panel Decision

Kelley v. Lynaugh

This case involves appeals and cross-appeals concerning the validity of various absentee and special ballots cast in a November 5, 2013, general election for Councilmember, 4th Council District, Town of Brookhaven. Constance M. Kepert appealed parts of a Supreme Court order, and Michael A. Loguercio, Jr., cross-appealed other parts. The appellate court modified the lower court's determinations regarding the casting and canvassing of specific ballots. The modifications were based on voter intent derived from ballot markings, as well as adherence to Election Law regarding signature verification and timely ballot receipt. Ultimately, the court directed the Suffolk County Board of Elections not to cast or canvass ballots designated as exhibits 2, 8, and 17, and to cast and canvass ballots designated as exhibits 3, 6, 12, 13, 14, 15, 16, 19, 20, 21, 22, 23, and 24.

Election DisputeBallot ValidityVoter IntentAbsentee BallotsSpecial BallotsCanvassing ProceduresElection Law Article 16Suffolk County ElectionsAppellate ReviewGeneral Election 2013
References
8
Case No. 06-20-00056-CV
Regular Panel Decision
Nov 24, 2020

Dipankar Chandra v. Leonardo DRS, Inc., and DRS Network & Imaging Services, LLC

Dipankar Chandra, representing himself pro se, sued his former employers, Leonardo DRS, Inc. and DRS Network & Imaging Services, LLC, alleging that his exposure to dangerous chemicals on the job caused his colon and prostate cancer. The trial court granted the defendants' traditional and no-evidence motion for summary judgment, concluding that Chandra's claims were barred by the Texas Workers Compensation Act and the statute of limitations, and that he lacked proof of causation. Chandra appealed, but failed to present expert testimony or challenge the trial court's decision to strike his affidavit and attached articles as summary judgment evidence. The appellate court affirmed the trial court's take-nothing judgment, finding that Chandra did not produce more than a scintilla of evidence to establish causation.

Toxic TortSummary JudgmentCausationExpert TestimonyChemical ExposureCancerAppellate ReviewTexas Workers Compensation ActStatute of LimitationsEvidence
References
29
Case No. MISSING
Regular Panel Decision

Amedore v. Peterson

Judge Graffeo dissents from a decision concerning the interpretation of New York Election Law § 11-302, which governs the use of special ballots by poll workers. The dissent argues that the statute's provisions, stating that special ballots should be provided "not earlier than two weeks before the election" and cast "not later than the close of the polls on election day," imply a requirement that these ballots also be cast no earlier than two weeks prior to the election. The Appellate Division, however, concluded there was no violation when ballots were both distributed and cast more than two weeks before the election, allowing them to be canvassed. Graffeo contends that this interpretation warrants further appellate review due to conflicting lower court conclusions and the importance of strict compliance with election procedures, referencing previous rulings on absentee balloting.

Statutory InterpretationElection LawSpecial BallotsPoll WorkersVoting ProceduresBallot CanvassingAppellate ReviewStrict ComplianceDissenting OpinionNew York Election Law
References
2
Case No. 11-03-00346-CV
Regular Panel Decision
Mar 03, 2005

Ray Warren, M.D. and Texas Medical Images, Inc. v. KPH-Consolidation, Inc., D/B/A Columbia Kingwood Medical Center

Ray Warren, M.D. and Texas Medical Images, Inc. (Warren) appealed the trial court's order granting summary judgment to KPH-Consolidation, Inc. d/b/a Columbia Kingwood Medical Center (Kingwood). The dispute arose from Warren's failure to pay rent on two lease agreements, leading Kingwood to sue for breach of contract. The trial court granted Kingwood's motion for summary judgment and ruled against Warren on his counterclaim regarding a breach of an Expense Sharing Agreement and breach of warranty. The Eleventh Court of Appeals affirmed the trial court's judgment, finding Kingwood had proven its breach-of-contract claim and that Warren's counterclaim failed as a matter of law, partly due to an 'as is' clause in the Equipment Lease. The appellate court also upheld the denial of Warren's motion for a new trial, finding no abuse of discretion.

summary judgmentbreach of contractlease agreementequipment leasecounterclaimbreach of warranty"as is" clauseappellate reviewabuse of discretionTexas law
References
8
Case No. No. 41
Regular Panel Decision
Jun 13, 2019

The Matter of Bethany Kosmider v.Mark Whitney, as Commissioner of the Essex County Board of Elections

This case addresses whether electronic copies of voted ballots are exempt from disclosure under New York's Freedom of Information Law (FOIL) based on Election Law § 3-222(2). Petitioner Bethany Kosmider sought electronic ballot images from the November 2015 general election from the Essex County Board of Elections. The County Attorney denied the request, citing Election Law § 3-222(2), which restricts examination of "voted ballots" for two years without a court order. While lower courts ordered disclosure, the Court of Appeals reversed, holding that the statutory restriction applies equally to electronic copies of ballots, thereby precluding their release under FOIL during the two-year period without proper judicial or legislative directive. The decision emphasizes the legislative intent to balance ballot secrecy, anti-tampering measures, accuracy, and finality in the electoral process.

Election LawFOILBallot SecrecyElectronic BallotsVoted BallotsPublic RecordsStatutory InterpretationCourt OrderLegislative IntentGovernment Transparency
References
59
Case No. MISSING
Regular Panel Decision

State Farm Mutual Automobile Insurance v. Rabiner

State Farm Mutual Automobile Insurance Company (Plaintiff) sued Eric Hagerbrant and other defendants, including Metropolitan Radiological Imaging, P.C., to recover over $2,000,000 in alleged fraudulent no-fault insurance payments. Plaintiff asserted claims for common law fraud, unjust enrichment, and sought a declaratory judgment, alleging that Metropolitan was fraudulently incorporated and ineligible for payments. Defendants moved to dismiss the action, arguing preemption by New York Insurance Law § 5109, disputing the eligibility of independent contractors for No-Fault benefits, and asserting a statute of limitations defense. The court denied the defendants' motion in its entirety, finding that § 5109 did not eliminate a private right of action, the Insurance Department's position on independent contractors was valid, and the statute of limitations argument was premature.

Fraudulent IncorporationNo-Fault InsuranceUnjust EnrichmentDeclaratory Judgment ActionMotion to DismissPrivate Right of ActionInsurance Law InterpretationMedical Professional CorporationsIndependent Contractors EligibilityStatute of Limitations Defense
References
40
Case No. MISSING
Regular Panel Decision
Dec 08, 2010

Johnson v. Martins

This appellate decision concerns two related proceedings initiated by Craig M. Johnson and Jay Jacobs following a 2010 general election for State Senator in New York's 7th Senatorial District. The petitioners sought to review the validity of various ballots and compel a manual audit of voter verifiable records. The Supreme Court, Nassau County, denied a manual audit and made rulings on specific challenged ballots. On appeal, the court dismissed appeals from interim decisions but modified the final order. The appellate court directed the Nassau County Board of Elections to cast and canvass certain absentee ballots (exhibits 33, 154, 166) while prohibiting the casting of others (exhibits 8, 127, 182, 183). The denial of the manual audit by the Supreme Court was affirmed.

Election LawBallot AuditAbsentee BallotsVoter Verifiable RecordsGeneral ElectionState SenatorNassau County ElectionsJudicial ReviewElection ContestBallot Canvassing
References
20
Case No. MISSING
Regular Panel Decision

Silberberg v. Board of Elections

This is an action seeking a preliminary injunction to prevent the enforcement of New York Election Law § 17-130(10), which prohibits voters from displaying their marked ballots. The plaintiffs, who wish to take and share "ballot selfies," argue that the law infringes upon their First Amendment right to freedom of speech. The court considered the standing of the plaintiffs, the standards for a preliminary injunction, and the likelihood of success on the merits, including whether polling places constitute a public forum, the law's viewpoint neutrality, and its reasonableness in protecting election integrity against voter bribery and intimidation. The court ultimately denied the motion for a preliminary injunction, finding that the law is a reasonable, viewpoint-neutral regulation in a nonpublic forum, and that granting an injunction so close to the election would disrupt the electoral process and not serve the public interest.

Election LawFirst AmendmentFreedom of SpeechBallot SelfiesVoter IntimidationVote BuyingPreliminary InjunctionPublic Forum DoctrineViewpoint NeutralityReasonableness Standard
References
30
Case No. 04-95-00196-CV
Regular Panel Decision
Oct 09, 1996

American Nat. Ins. v. Intern. Bus. MacH.

American National Insurance Company (ANICO) appealed a summary judgment dismissing its tort actions against International Business Machines Corporation (IBM), Image Sciences, Inc., and Thomas Kendra, which were severed from its breach of contract claims. ANICO alleged fraud, negligence, and negligent misrepresentation stemming from two contracts with IBM, claiming misrepresentations led to significant financial losses. The Court of Appeals reviewed the application of the economic loss rule to tort claims arising from a contract. The court reversed the summary judgment concerning ANICO's fraud claims against IBM and Image, specifically for allegations of fraudulent inducement to contract without an intent to perform, arguing such fraud constitutes an independent tort. However, it affirmed the dismissal of ANICO's other tort causes of action, remanding the fraud claims for further proceedings.

Contract LawFraudTort LawSummary JudgmentAppellate ReviewEconomic Loss RuleFraudulent InducementTexas Courts of AppealsConflict of LawsJudicial Precedent
References
87
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