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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Bruno v. Dynamic Enterprises, Inc.

This case involves a personal injury action where Dynamic Enterprises, Inc. appealed a judgment in favor of the plaintiff. Dynamic contended it was engaged in a joint venture with Executive Club International, Inc. (ECI), the plaintiff's employer, arguing for dismissal based on workers' compensation exclusivity. However, the court found no joint venture, noting Dynamic and ECI were separate corporate entities, filed separate tax returns, and did not share income or losses. Consequently, Dynamic's workers' compensation defense was dismissed, and the judgment was unanimously affirmed with costs.

Personal InjuryJoint VentureWorkers' Compensation ExclusivityCorporate LiabilityAffirmation of JudgmentAppellate ReviewEmployer-Employee RelationshipNegligenceBusiness LawLegal Precedent
References
5
Case No. 01-02-01008-CV
Regular Panel Decision
Nov 26, 2003

Landmark Chevrolet, Corp. & Bill Heard Chevrolet, Corp. v. Universal Underwriters Insurance Co.

This case involves an appeal brought by Landmark Chevrolet Corp., Bill Heard Chevrolet Corp., and Bill Heard Enterprises, Inc. (collectively, 'the dealerships') against Universal Underwriters Insurance Company ('Universal'). The dealerships were sued in two underlying class-action lawsuits by customers alleging violations of the Texas Deceptive Trade Practices Act and fraud due to being charged a 'Consumer Services Fee' for a worthless coupon book. Universal, the dealerships' insurer, declined to defend them under their Statute and Title E&O (STEO) coverage, which only covered claims arising from violations of truth-in-lending or truth-in-leasing laws. Universal then filed a declaratory judgment action, seeking a declaration that it had no duty to defend. The trial court granted summary judgment in Universal’s favor. The appellate court affirmed the trial court's judgment, applying the 'eight-corners rule' and concluding that the underlying petitions did not allege facts indicating violations of truth-in-lending or truth-in-leasing laws, and declined to consider extrinsic evidence.

Insurance Coverage DisputeDuty to DefendEight-Corners RuleTruth-in-Lending LawsTruth-in-Leasing LawsDeclaratory JudgmentClass Action LawsuitsTexas Deceptive Trade Practices ActConsumer Services FeeAppellate Review
References
5
Case No. 2017-06-0707
Regular Panel Decision
Nov 07, 2017

Reazkallah, Maikel v. Dynamic Security, Inc.

Maikel Reazkallah, an employee of Dynamic Security, Inc., filed for an expedited hearing seeking temporary disability benefits following an on-the-job elbow injury and subsequent termination. The central issue was whether his termination ended his entitlement to these benefits. The Court found that Dynamic Security failed to prove Reazkallah was terminated for misconduct, crediting his testimony that he did not sleep on duty. Consequently, the Court ruled that Reazkallah is entitled to past temporary disability benefits from April 12 through May 12, 2017. The Court ordered Dynamic Security to file a Wage Statement, pay medical bills related to Dr. Alkayyali's treatment, and referred the employer to the Compliance Unit for failing to meet claims handling standards.

expedited hearingtemporary disability benefitsworker's compensationmisconductterminationmedical restrictionswage statementclaims handling standardsemployer liabilityjudicial review
References
3
Case No. MISSING
Regular Panel Decision
Oct 15, 2004

Ribeiro v. Dynamic Painting Corp.

Raymundo Ribeiro, an employee of Wells Diversified Services, Inc., sustained injuries in October 1998 while sandblasting on the Castleton-on-Hudson Bridge for a joint venture including Dynamic Painting Corporation and Romano Enterprises, Inc. Ribeiro and his spouse initiated legal action against these contractors, asserting a violation of Labor Law § 240 (1). Plaintiffs sought summary judgment, while defendants moved for dismissal, arguing that Ribeiro was a 'special employee' of Dynamic, making the Workers' Compensation Law's exclusivity provisions applicable. The Supreme Court denied the plaintiffs' motion and granted the defendants' dismissal request. The Appellate Division affirmed both rulings, confirming the existence of a special employment relationship, thereby upholding the defendants' entitlement to summary judgment.

Special Employee DoctrineWorkers' Compensation ExclusivityLabor Law § 240(1)Summary JudgmentConstruction AccidentScaffold AccidentAppellate ReviewContractor LiabilityJoint VentureSandblasting
References
6
Case No. MISSING
Regular Panel Decision

General Dynamics Corp. v. Sharp

General Dynamics Corporation appealed a summary judgment concerning a tax-protest suit against the Texas Comptroller. The core issues were the constitutionality of the earned surplus portion of the amended Texas franchise tax, specifically its retroactivity, and the validity of Texas’ single-factor method for apportioning the franchise tax base. General Dynamics argued the tax amendment was a new corporate income tax that retroactively impaired vested rights and that the single-factor apportionment led to an unconstitutionally high tax burden. The court affirmed the trial court's judgment, holding that the franchise tax amendment operated prospectively and did not impair vested rights, and that the disparity caused by the single-factor apportionment method was insufficient to render it unconstitutional under the Commerce and Due Process Clauses.

Texas franchise taxtax protestretroactive lawearned surplusapportionment formulasingle-factor apportionmentmulti-state corporationCommerce ClauseDue Process ClauseDue Course of Law
References
40
Case No. ADJ2630339 (GRO 0034290)
Regular
Mar 10, 2011

MIKE REDSTONE vs. GREKA INTEGRATED, INC., CHARTIS COSTA MESA

The Workers' Compensation Appeals Board (WCAB) rescinded a finding of contempt against Billing Dynamics for failing to appear at a lien conference. The WCAB found that a notice of hearing does not constitute a direct order, and that there was insufficient evidence that Billing Dynamics willfully disobeyed a specific order. The Board noted that while contempt is a serious sanction, other sanctions might be applicable if Billing Dynamics' conduct is deemed a bad faith tactic without reasonable excuse. Therefore, the matter was returned to the trial level for further proceedings.

Workers' Compensation Appeals BoardReconsiderationLien ClaimantDeclaration of ReadinessContemptOrder to Show CauseWillful DisobedienceNotice of HearingDue ProcessRescinded Order
References
1
Case No. MISSING
Regular Panel Decision

Emspak v. Conroy

The defendants moved for a further bill of particulars regarding item 30 and requested the entire bill be verified by a union officer. The plaintiff's attorney acknowledged the omission for item 30 was an oversight and agreed to provide it. He argued his self-verification was proper under subdivision 3 of rule 99 of the Rules of Civil Practice, citing the plaintiff's absence from the county, and claimed defendants waived objection by not returning the bill within 24 hours. The court clarified that Rules 10 and 11 do not apply to verification. While an attorney can verify a bill of particulars under rule 117, the court ruled that merely stating the party is out of county is insufficient; the attorney must also detail the basis of their knowledge, especially given a prior order requiring an oath for inability to furnish particulars. The motion for a further bill was granted.

Bill of particularsVerificationAttorney verificationRules of Civil PracticeWaiverMotionCourt procedurePleadingSufficiency of verification
References
3
Case No. MISSING
Regular Panel Decision

Halkias v. General Dynamics Corp.

The court considered the defendant, General Dynamics Corporation's, motion for summary judgment against the plaintiffs, Dawn Dee Bryant, Barry Jackson, and others similarly situated. Plaintiffs sought recovery under the Worker Adjustment and Retraining Notification (WARN) Act, alleging inadequate notice for a mass layoff in January and February 1991. The defendant argued the layoff was caused by business circumstances (cancellation of the A-12 program) that were not reasonably foreseeable, thus exempting them from the 60-day notice under 29 U.S.C. § 2102(b)(2)(A). The court found no genuine issue of material fact, concluding that the defendant was entitled to judgment as a matter of law. The motion was granted, and plaintiffs' claims were dismissed with prejudice, as the defendant provided as much notice as practicable under the circumstances.

WARN Actmass layoffsummary judgmentunforeseeable business circumstancesnotice requirementA-12 program cancellationemployee rightsFifth Circuitfederal courtclass action
References
19
Case No. 13-09-00128-CV
Regular Panel Decision
Jun 09, 2011

Petroleum Solutions, Inc. v. Bill Head D/B/A Bill Head Enterprises and Titeflex Corporation

The case involves an appeal by Petroleum Solutions, Inc. (PSI) against Bill Head d/b/a Bill Head Enterprises (Head) and Titeflex, Inc., regarding a jury verdict stemming from a significant diesel fuel leak at Head's truck stop. PSI challenged trial court sanctions for spoliation of evidence, and findings related to Head's claims of breach of fiduciary duty, fraud, and breach of contract, as well as Titeflex's indemnification claims. The appellate court affirmed the jury's verdict in favor of Head and Titeflex, finding sufficient evidence for PSI's breach of duties and product liability. However, the court reversed and remanded for a recalculation of prejudgment interest.

Diesel leakUnderground storage tankEnvironmental regulationsSpoliation of evidenceFiduciary dutyBreach of contractFraudIndemnificationProduct liabilityAttorney's fees
References
153
Case No. 11-08-00110-CV
Regular Panel Decision
Oct 08, 2009

Great Western Drilling, Limited v. Bill Alexander

Great Western Drilling, Limited, appealed a take-nothing verdict in its suit against attorney Bill Alexander. Great Western claimed Alexander conspired with his client, Marilyn Paschal, to convert insurance proceeds that Great Western asserted were its equitable property, purchased with embezzled funds. The case stemmed from an earlier suit where Great Western sued Paschal for embezzlement and sought a constructive trust on the proceeds. The trial court severed claims against Alexander. At trial, the jury found that Alexander did not have notice that Great Western owned the insurance proceeds, leading to a verdict in Alexander's favor. The Eleventh Court of Appeals affirmed the judgment, finding the jury's lack of notice finding was not against the great weight and preponderance of the evidence, and any error regarding expert testimony was not reversible. Alexander's cross-appeal for sanctions was also denied.

ConversionInsurance ProceedsAttorney LiabilityFraudEmbezzlementNoticeJury VerdictSufficiency of EvidenceExpert TestimonyAppellate Review
References
34
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