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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

EMC MORTG. CORP. v. Window Box Ass'n, Inc.

EMC Mortgage Corporation initiated foreclosure proceedings against property owned by Window Box Association, Inc. Window Box subsequently sued EMC, seeking to declare EMC's lien invalid and arguing that the statute of limitations barred EMC's right to foreclose. The trial court granted Window Box's motion for summary judgment and dismissed the suit. On appeal, EMC challenged the summary judgment ruling and Window Box's standing to assert the limitations defense. The appellate court found that Window Box had standing but determined that EMC had raised a fact issue regarding whether it provided sufficient notice to accelerate the accrual date of the note. Consequently, the appellate court reversed the trial court's judgment and remanded the case for further proceedings.

ForeclosureStatute of LimitationsSummary JudgmentAppellate ReviewStandingAcceleration ClauseNotice of DefaultDebt Collection Practices Act (FDCPA)Deed of TrustMortgage
References
19
Case No. 10-07-00234-CV
Regular Panel Decision
Jul 09, 2008

EMC Mortgage Corporation v. Window Box Association, Inc.

This case concerns a dispute between EMC Mortgage Corporation and Window Box Association, Inc. regarding property foreclosure. EMC sought to foreclose on a property, but Window Box, the property owner, challenged the foreclosure by asserting a statute of limitations defense. The trial court initially sided with Window Box, granting summary judgment and dismissing EMC's claims. On appeal, the primary issues included whether the statute of limitations barred foreclosure and if Window Box had standing to assert this defense. The appellate court found that a factual dispute existed concerning whether EMC had properly accelerated the debt, which is crucial for determining the commencement of the limitations period. Consequently, the court reversed the trial court's summary judgment and remanded the case for further proceedings.

Mortgage ForeclosureStatute of LimitationsSummary JudgmentStandingDebt AccelerationNotice of Intent to AccelerateFair Debt Collection Practices ActAppellate ReviewReversed and RemandedDeed of Trust
References
21
Case No. MISSING
Regular Panel Decision

Jack in the Box, Inc. v. Skiles

Wade Skiles, a tractor-trailer driver, injured his knees jumping over a broken lift gate on his employer's truck, Jack in the Box, Inc. He sued for negligence after the company, a non-workers' compensation subscriber, failed to warn him of the danger. The trial court granted summary judgment for Jack in the Box, which was then reversed by the Fifth Court of Appeals. However, the Supreme Court of Texas reversed the appellate court's decision, ruling that Jack in the Box owed no duty to warn Skiles of an obvious danger, as the risks associated with using a ladder to climb over a lift gate were commonly known. Consequently, the Supreme Court rendered a take-nothing judgment in favor of the employer.

NegligenceEmployer LiabilityDuty to WarnObvious DangerSummary JudgmentAppellate ReviewWorkers' Compensation Non-SubscriberVoluntary ActTexas Supreme CourtTrucking Industry
References
5
Case No. MISSING
Regular Panel Decision

Hanley v. Lobster Box Restaurant, Inc.

This decision addresses a motion to dismiss filed by third-party defendant Hotel Employees and Restaurant Employees Union, Local 100, against the third-party complaint of Lobster Box Restaurant, Inc. Lobster Box sought a declaration that its collective bargaining agreement with Local 100 was voidable due to alleged fraud and misrepresentation, and requested indemnification. Presiding Judge Berman, citing Textron Lycoming, determined that the court lacked subject matter jurisdiction under LMRA § 301, as the statute applies to contract violations and not claims of contract invalidity. Furthermore, the court declined to exercise supplemental jurisdiction over Lobster Box's state common law claims, deferring to the exclusive competence of the National Labor Relations Board under the Garmon preemption doctrine. Consequently, the third-party complaint was dismissed.

Subject Matter JurisdictionLMRA Section 301Contract ValidityFraudulent InducementNegligent MisrepresentationNational Labor Relations Board (NLRB)Garmon PreemptionCollective Bargaining AgreementThird-Party ComplaintFederal Rule of Civil Procedure 12(b)(1)
References
9
Case No. MISSING
Regular Panel Decision

Pastrana v. Folding Box, Corrugated Box & Display Workers Local 381

The plaintiffs, employees of Star Corrugated Box Co., Inc. and members of Local 381, sought a preliminary injunction to prevent the enforcement of a collective bargaining agreement between Local 381 and Star. They alleged that union officers executed the agreement despite employee rejection, violating their duty of fair representation under the National Labor Relations Act. The court found no evidence of discrimination, distinguishing the cited precedents. Furthermore, it was noted that Local 381, as the statutory bargaining representative, had the right to enter the agreement. The plaintiffs' delay in seeking relief, coupled with the National Labor Relations Board's dismissal of related unfair labor practice charges against the employer (thus validating the contract), led the court to deny the motion for preliminary injunction. The court emphasized that granting the injunction would disrupt economic interests and that plaintiffs failed to show a clear right to relief.

Preliminary InjunctionCollective Bargaining AgreementNational Labor Relations ActDuty of Fair RepresentationLachesUnfair Labor PracticesUnion Contract RejectionFederal CourtLabor LawInjunctive Relief
References
6
Case No. MISSING
Regular Panel Decision

Skiles v. Jack in the Box, Inc.

Wade Skiles, a long-term employee of Jack-in-the-Box, sued his employer for negligence after sustaining knee injuries while attempting to unload a truck with a malfunctioning lift gate in Seguin, Texas. Skiles, a tractor-trailer driver, used a ladder to access food products after his supervisor allegedly approved this method, leading to his injury. Jack-in-the-Box, a nonsubscriber to workers' compensation, moved for summary judgment, arguing no breach of duty or proximate cause. The appellate court reversed the summary judgment, finding that Skiles presented sufficient evidence for a jury to consider breach of duty (to provide safe instrumentalities and to warn) and proximate cause. Additionally, the court ruled that the trial court erred in granting summary judgment on the defense of sole proximate cause, as it is not an affirmative defense.

NegligenceEmployer LiabilityUnsafe WorkplaceLift Gate MalfunctionProximate CauseDuty to WarnDuty to Provide Safe InstrumentalitiesSummary Judgment ReversalAppellate ReviewTexas Civil Law
References
35
Case No. MISSING
Regular Panel Decision

Kenosha Beef International, Inc. v. McCook Boxed Beef Corp. (In re McCook Boxed Beef Corp.)

Bankers Trust Company applied for an injunction to prevent Kenosha Beef International from pursuing a New York State Supreme Court action. Bankers Trust argued that the issues had already been resolved against Kenosha by an examiner appointed in a related Chapter 11 bankruptcy case of McCook Boxed Beef Corp. Kenosha countered that it had not received a full and fair opportunity to litigate the matter. The Bankruptcy Court examined the applicability of res judicata and collateral estoppel, recognizing its power to enjoin state court actions under 28 U.S.C. § 2283. While res judicata was deemed inapplicable, the Court, exercising its discretion, refrained from applying collateral estoppel. Consequently, Bankers Trust's motion for an injunction was denied.

Injunctive ReliefBankruptcy LawRes JudicataCollateral EstoppelAnti-Injunction ActFederal vs. State Court JurisdictionExaminer's ReportFraud AllegationsCreditor DisputeChapter 11 Proceedings
References
11
Case No. MISSING
Regular Panel Decision

Rocket Jewelry Box, Inc. v. Noble Gift Packaging, Inc.

Rocket Jewelry Box, Inc. petitioned the court to confirm an arbitration award against Noble Gift Packaging, Inc., while Noble cross-petitioned to vacate the award. The arbitration stemmed from disputes over a patent license agreement for jewelry boxes, which Rocket terminated, leading to litigation and a subsequent arbitration where Noble was found to have breached the agreement. Noble argued for vacatur on grounds that the award was not final, the arbitrators exceeded their powers, and they manifestly disregarded the law concerning waiver. The court, presided over by Judge Mukasey, found that the arbitration award was final, as Noble's reserved patent invalidity defense would not affect its royalty obligations due to lack of prior notification. The court also determined that the arbitrators did not exceed their powers in allocating arbitration costs, nor did they manifestly disregard the law by handling the waiver issue as they did. Consequently, Rocket's petition to confirm the arbitration award was granted, and Noble's cross-petition to vacate was denied.

ArbitrationPatent LawContract DisputesRoyalty AgreementsJudicial ReviewFederal Arbitration ActJurisdictionAward ConfirmationVacaturLicensee Estoppel
References
39
Case No. MISSING
Regular Panel Decision
Feb 26, 2014

Box v. Colvin

The plaintiff, William Charles Box, challenged a final determination by the Commissioner of Social Security, Carolyn W. Colvin, denying him disability benefits. The District Court found that the Administrative Law Judge (ALJ) committed several legal errors in the August 6, 2010 decision. These errors included failing to properly weigh the opinion of the plaintiff's treating orthopedic surgeon, Dr. Benatar, and making an unsupported Residual Functional Capacity (RFC) assessment. Additionally, the ALJ's credibility determination of the plaintiff was deemed flawed for not considering all relevant regulatory factors. The court denied the Commissioner's motion for judgment on the pleadings and granted in part the plaintiff's motion, remanding the case for another hearing consistent with its decision.

Social Security Disability BenefitsACL TearMeniscus TearOsteoarthritisRight Knee InjuryMedical EvidenceTreating Physician RuleResidual Functional CapacityCredibility AssessmentCase Remand
References
42
Case No. MISSING
Regular Panel Decision
Oct 06, 2011

Joan Hansen & Co. v. Everlast World's Boxing Headquarters Corp.

The Supreme Court, New York County, affirmed an arbitral award. Respondents Everlast challenged the award, arguing procedural defaults, arbitrator misconduct, and that arbitrators exceeded their authority in interpreting 'termination' versus 'expiration' in a contract. The court found no default by Everlast, stating their motion to vacate did not prejudice the petitioner. It also found no arbitrator misconduct as Everlast failed to prove the necessity of requested disclosures. Furthermore, the court determined that the arbitrators' interpretation of 'termination' as distinct from 'expiration' was rational and supported by the agreement's context, and thus they did not exceed their powers. The court reiterated that manifest disregard of facts is not a valid ground for vacating an award.

ArbitrationContract InterpretationArbitrator AuthorityProcedural LawAppellate ReviewNew York Supreme CourtCommercial ArbitrationContractual TermsAffirmanceLegal Interpretation
References
10
Showing 1-10 of 153 results

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