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

Case No. 01-17-00316-CV
Regular Panel Decision
Jul 14, 2022

Wes Gilbreath, Jr., Stacey Gilbreath Powell, Elliot Gilbreath, and Mark Ritter SignAd, Ltd., SignAd GP, LLC, Ben Nevis West, Ltd., Culcreuch West, LLC, Big Signs & Leasing 1, Ltd., Big Signs & Leasing 2, Ltd., Big Signs & Leasing 3, Ltd. El Al v. Lisa R. Gilbreath Horan, Individually and as Trustee of the Lisa Gilbreath Horan 2001 Irrevocable Trust

This appellate opinion addresses a dispute within the Gilbreath family business, involving appeals from a trial court's amended final judgment on various claims. The case originated from conflicts after the patriarch's death, leading to allegations of financial mismanagement and an involuntary commitment proceeding against Lisa R. Gilbreath Horan. Appellants challenged judgments on malicious prosecution, defamation, and breach of fiduciary duty. The appellate court partly affirmed, reversed, and remanded the judgment, notably finding that Lisa lacked standing for certain derivative claims, reversing the jury's finding of oppression, and modifying injunctive relief. The case also involves remands for reconsideration of attorney's fees and the issue of judicial expulsion.

Malicious ProsecutionDefamationBreach of Fiduciary DutyBusiness DisputesLimited PartnershipsLimited Liability CompaniesCorporate GovernanceShareholder RightsInvoluntary CommitmentAttorney's Fees
References
138
Case No. 03-98-00533-CV
Regular Panel Decision
Jul 15, 1999

Carole Keeton Rylander, Comptroller of Public Accounts of the State of Texas And John Cornyn, Attorney General of the State of Texas v. 3 Beall Brothers 3, Inc.

3 Beall Brothers 3, Inc. (Bealls), a fiscal year taxpayer, sued the Comptroller for a refund of an "additional tax" after its merger, claiming the tax was unconstitutional as it resulted in fiscal year taxpayers paying tax on earned surplus over a longer period than calendar year taxpayers upon ceasing business. The district court sided with Bealls. However, the Texas Court of Appeals reversed this decision, upholding the constitutionality of the additional tax. The court found the tax rationally related to legitimate state purposes of revenue generation and mitigating fiscal effects of corporate reorganizations, and it did not violate equal protection, equal and uniform taxation, or the federal commerce clause. The court determined the tax applied even-handedly based on previously untaxed earned surplus and Bealls had a substantial nexus with Texas.

Franchise TaxAdditional TaxConstitutional LawEqual ProtectionCommerce ClauseTaxationFiscal YearCalendar YearCorporate ReorganizationEarned Surplus
References
36
Case No. 2016 NY Slip Op 08059
Regular Panel Decision
Nov 30, 2016

Raja v. Big Geyser, Inc.

Yasir Raja sued Big Geyser, Inc., for personal injuries after being struck by a truck operated by Andre Cruz, an employee of Dynasty Distributors, Inc. Raja alleged that Cruz was an employee of Big Geyser, despite Cruz working for Dynasty, which had a distributor agreement with Big Geyser. Big Geyser moved for summary judgment, arguing Cruz was an independent contractor's employee and not directly employed by them. The Supreme Court granted Big Geyser's motion. On appeal, the Appellate Division affirmed, concluding that Big Geyser's incidental control over Dynasty's distribution was insufficient to establish an employer-employee relationship with Cruz, thus dismissing the complaint against Big Geyser.

Personal InjuryEmployer-Employee RelationshipIndependent ContractorSummary JudgmentVicarious LiabilityAppellate ReviewVehicle AccidentControl TestDistributor Agreement
References
7
Case No. 08-04-00255-CV
Regular Panel Decision
Jun 16, 2005

in Re: Big 8 Food Stores, Ltd.

Big 8 Food Stores, Ltd. (Relator) sought a writ of mandamus against Judge Javier Alvarez (Respondent) after the trial court denied Big 8's motion to compel arbitration with its employee, Maria Marquez (Real Party in Interest). Marquez, an employee injured on the job, sued Big 8 for negligence. Big 8 asserted the existence of a signed arbitration agreement, which Marquez claimed she did not understand and was fraudulently induced into signing. The appellate court reviewed the denial of the motion to compel arbitration under the Federal Arbitration Act (FAA). The court found that Marquez had signed the agreement, received benefits under it, and there was no evidence of mental incapacity or fraud. The court also determined that Big 8's business operations involved interstate commerce, making the FAA applicable. Consequently, the appellate court conditionally granted the petition for writ of mandamus, directing the trial court to compel arbitration.

ArbitrationMandamusEmployment AgreementNegligenceFederal Arbitration ActContract LawUnconscionabilityInterstate CommerceTexas LawAppellate Review
References
42
Case No. 05-11-01019-CV
Regular Panel Decision
Jun 13, 2013

Big D Transmission & Auto Service, Inc. v. Kary Lynn Rollins

Big D Transmission & Auto Service, Inc. appealed the denial of its motion for a new trial following a no-answer default judgment. Kary Lynn Rollins sued Big D for violations of the Deceptive Trade Practices-Consumer Protection Act (DTPA), conversion, fraud, and negligent misrepresentation. Rollins served Big D by substituted service on the secretary of state after unsuccessful attempts to serve its registered agent. The Court of Appeals found that the secretary of state's certificate conclusively established service and that Big D failed to prove its failure to answer was not due to conscious indifference. The court affirmed the trial court's judgment, overruling Big D's arguments regarding the new trial, DTPA claim sufficiency, and damages.

Default JudgmentMotion for New TrialService of ProcessSubstituted ServiceRegistered AgentDeceptive Trade Practices-Consumer Protection Act (DTPA)DamagesMarket ValueAbuse of DiscretionAppellate Review
References
20
Case No. 01-17-0002-1912
Regular Panel Decision

International Brotherhood of Electrical Workers, Local Union No. 3 v. Charter Communications, Inc.

Plaintiff International Brotherhood of Electrical Workers, AFL-CIO, Local Union No. 3 ("Local 3") sought a temporary restraining order and preliminary injunction to stay an arbitration initiated by defendant Charter Communications, Inc. ("Charter"). The arbitration concerns a work stoppage and alleged violation of a no-strike clause. The court denied Local 3's motion, ruling that Local 3 failed to demonstrate irreparable harm because it chose not to participate in the arbitration and could later challenge any adverse arbitral award in court. The decision emphasized that the monetary cost of arbitration alone does not constitute irreparable injury and highlighted the importance of demonstrating actual harm.

Arbitration StayPreliminary InjunctionTemporary Restraining OrderLabor DisputeCollective Bargaining AgreementNo-Strike ClauseIrreparable HarmArbitrabilityFederal Court ProcedureJudicial Review of Arbitration
References
30
Case No. 01-23-00245-CV
Regular Panel Decision
Apr 24, 2025

Johnnie Melton and Shelley Melton v. Big Creek Construction, Ltd. and WFMM, LLC

Appellants Johnnie and Shelley Melton sued Appellees Big Creek Construction, Ltd. and WFMM, LLC for negligence after Johnnie Melton was severely injured in a head-on vehicle collision with Tomas Treto-Trinidad, an employee of Big Creek. The Meltons brought claims for direct liability (negligence, negligent entrustment, negligent supervision or control, negligent training, and gross negligence) and vicarious liability. The central issue was whether Trinidad was acting in the course and scope of his employment at the time of the collision, invoking the 'coming and going rule' and its 'special mission exception.' Big Creek and WFMM moved for summary judgment, arguing Trinidad was commuting and had violated company policy by using a company trailer and fuel card for personal travel while intoxicated. The trial court granted summary judgment in favor of Big Creek and WFMM. The Court of Appeals affirmed the trial court's decision, concluding that Trinidad was commuting and not acting in the course and scope of his employment, and the 'special mission exception' did not apply as his actions were not an assigned duty for the employer's benefit.

Summary JudgmentVicarious LiabilityRespondeat SuperiorNegligenceCourse of EmploymentComing and Going RuleSpecial Mission ExceptionAutomobile AccidentDrunk DrivingEmployee Misconduct
References
55
Case No. MISSING
Regular Panel Decision

Big Bass Towing, Co. v. Stephen Akin

Stephen Akin, an injured tow truck driver, sued his employer, Big Bass Towing Company, for negligence. Big Bass, a non-subscriber to workers' compensation, sought to compel arbitration, arguing Akin had accepted an arbitration agreement by receiving benefits under an 'Occupational Injury Employee Benefit Plan and Mutual Agreement to Arbitrate.' Akin contended he had no notice of an arbitration agreement, distinguishing it from the benefit plan. The appellate court affirmed the trial court's denial of arbitration, ruling that Big Bass failed to prove Akin had notice of a binding arbitration agreement or ratified it by accepting benefits. The court found the benefit plan and arbitration agreement to be separate documents.

ArbitrationEmployment DisputeWorkers' Compensation Non-SubscriberNegligenceContract LawNotice RequirementRatificationTexas Civil Practice and Remedies CodeFederal Arbitration ActInterlocutory Appeal
References
18
Case No. E2014-01612-COA-R3-CV
Regular Panel Decision
Sep 29, 2015

Ewin B. Jenkins v. Big City Remodeling

Ewin B. Jenkins and Janet Jenkins (Owners) sued their general contractor, Big City Remodeling, and flooring subcontractors after their newly constructed home was destroyed by fire. The Owners alleged negligence, relying partly on the doctrine of res ipsa loquitur, and breach of contract. The trial court granted summary judgment to all defendants. On appeal, the Court of Appeals affirmed summary judgment for Big City Remodeling on claims of its own negligence and res ipsa loquitur, finding no exclusive control of the premises. However, the court reversed summary judgment for the flooring subcontractors on the negligence claim, citing genuine issues of material fact regarding causation by circumstantial evidence. Additionally, the court reversed summary judgment for Big City Remodeling on the breach of contract claim, remanding for a determination on whether Owners' failure to procure insurance constituted a first material breach.

NegligenceRes Ipsa LoquiturBreach of ContractSummary JudgmentConstruction LawFire DamageSubcontractorsAppellate ReviewCausationMaterial Breach
References
42
Case No. MISSING
Regular Panel Decision

Sanders Oil & Gas, Ltd. v. Big Lake Kay Constr., Inc.

Sanders Oil & Gas, Ltd. appealed a trial court judgment favoring Big Lake Kay Construction, Inc. for services rendered. The trial court awarded Big Lake $25,614.61 and $7,200.00 in attorney fees based on a breach of oral contract. Sanders Oil raised three issues on appeal: Big Lake's alleged failure to satisfy a condition precedent, insufficient evidence for the damages award, and spoliation of evidence. The appellate court affirmed the trial court's ruling, finding no condition precedent, legally and factually sufficient evidence for damages, and no duty to preserve evidence for spoliation. The core dispute involved unpaid invoices for oil-field services and the subsequent factoring of these invoices to Security Business Capital, LLC.

Breach of Oral ContractSufficiency of EvidenceCondition PrecedentSpoliation of EvidenceDamages AwardFactoring InvoicesOil-field ServicesAppellate ReviewBench TrialAttorney Fees
References
44
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