CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. 2017 NY Slip Op 01454
Regular Panel Decision
Feb 23, 2017

Sokolovic v. Throgs Neck Operating Co., Inc.

This case involves an appeal concerning hold harmless and indemnity agreements. The Supreme Court, Bronx County, initially granted Vision Healthcare Services' motion to enforce a hold harmless agreement and Throgs Neck Operating Company, Inc.'s motion for summary judgment on its contractual indemnity claim against Vision. The Appellate Division, First Department, affirmed these orders. The court held that the plaintiff was obligated to hold Vision harmless from Throgs Neck's indemnification claim due to a hold harmless agreement executed during settlement. It further clarified that a nurse provided by Vision to Throgs Neck remained Vision's general employee, thereby triggering Vision's contractual indemnity obligation, despite being considered a special employee of Throgs Neck for the purpose of Throgs Neck's liability to the plaintiff.

hold harmless agreementcontractual indemnityspecial employeegeneral employeestaffing agreementsettlement agreementsummary judgmentnegligenceagency liabilityappellate review
References
3
Case No. 2-04-065-CV
Regular Panel Decision
Jan 27, 2005

Tarrant County Hospital District D/B/A John Peter Smith Hospital v. GE Automation Services, Inc., F/K/A GE Industrial Systems Solutions, Inc., Supply Operations, Inc., F/K/A GE Supply Operations, Inc., and General Electric Company

Appellant Tarrant County Hospital District appealed a summary judgment granted to Appellees GE Automation Services, Inc., Supply Operations, Inc., and General Electric Company. The suit stemmed from a 1996 transaction where Appellant alleged Appellees provided a defective bus duct system, leading to contract, warranty, products liability, and negligence claims. The appellate court affirmed the trial court's decision, ruling that the four-year statute of limitations under the Uniform Commercial Code (Texas Business & Commerce Code § 2.725) barred the contract and warranty claims, overriding governmental immunity. Furthermore, the court held that the economic loss rule precluded Appellant's tort claims, as the alleged damages constituted economic losses to the subject matter of the contract itself.

Summary JudgmentGovernmental ImmunityStatute of LimitationsEconomic Loss RuleBreach of ContractBreach of WarrantyProducts LiabilityNegligenceUniform Commercial CodeTexas Civil Practice and Remedies Code
References
34
Case No. MISSING
Regular Panel Decision
May 08, 2007

Canal Carting, Inc. v. City of New York Business Integrity Commission

Petitioners Canal Carting, Inc. and Canal Sanitation, Inc., long-standing private sanitation businesses, challenged the Business Integrity Commission's (BIC) denial of their license renewals. The BIC cited Canal's knowing failure to provide required documentation, inability to demonstrate eligibility, and two violations for illegal dumping and operating an illegal transfer station. Canal argued the findings were arbitrary, capricious, and unprecedented, insisting their financial issues were unrelated to organized crime, which Local Law 42 (governing BIC) aimed to combat. The court found no due process violation regarding a formal hearing but concluded that the BIC's denial, effectively closing Canal's 50-year business for what amounted to poor business management, was arbitrary, unduly harsh, and shocking to one's sense of fairness. Consequently, the court granted the petition, annulled the BIC's denial, and remanded the case for reconsideration.

License RenewalAdministrative LawArticle 78 ProceedingBusiness Integrity CommissionTrade Waste IndustryDue ProcessArbitrary and CapriciousJudicial ReviewLocal Law 42Financial Responsibility
References
6
Case No. 18-0656
Regular Panel Decision
Dec 20, 2019

Creative Oil & Gas Operating, Llc v. Lona Hills Ranch, Llc

This case concerns the application of the Texas Citizens Participation Act (TCPA) to counterclaims in an oil and gas lease dispute. Petitioners, Creative Oil & Gas, LLC and Creative Oil & Gas Operating, LLC, filed counterclaims against Respondent, Lona Hills Ranch, LLC, alleging false communications to third parties about lease termination and breach of contract by initiating litigation without proper notice. The Supreme Court of Texas affirmed in part and reversed in part the appellate court's judgment. The Court ruled that private business communications about a single well's production were not matters of public concern under the TCPA's free speech provision. However, the Operator's counterclaim regarding the Ranch's legal filings fell under the TCPA's right to petition but was dismissed as the Operator was not a party to the lease.

Texas Citizens Participation ActTCPAAnti-SLAPPOil and GasLease DisputeCounterclaimsFree SpeechRight to PetitionPublic ConcernPrivate Communications
References
14
Case No. 2013-DCL-3455-D
Regular Panel Decision
Dec 01, 2014

Victor Quijano, Doing Business as Target Pest Control v. Cameron County, City of Brownsville & Brownsville Independent School District

Plaintiffs, Cameron County, City of Brownsville, and Brownsville Independent School District, initiated a lawsuit against Victor Quijano, operating as Target Pest Control, for the recovery of delinquent ad valorem taxes. The taxes were related to tangible personal property for the tax years spanning 2005 through 2009. Quijano asserted that his business ceased operations in 2008 or 2009, and he did not possess significant taxable property, largely functioning as a subcontractor. The 103rd Judicial District Court of Cameron County, presided over by Hon. Janeth Leal, issued a judgment on December 1, 2014. The court granted the plaintiffs' demand for delinquent taxes, along with penalties, interest, and attorney fees, totaling $1,726.79, and mandated additional accruals post-judgment. All other requested relief was denied, rendering the judgment conclusive and subject to appeal.

Tax DelinquencyAd Valorem TaxesPersonal Property TaxSummary JudgmentTexas Tax CodeProperty Tax EnforcementBusiness TaxationSubcontractor LiabilityCivil Procedure RulesAppellate Court Brief
References
4
Case No. 01-14-00687-CV
Regular Panel Decision
Mar 13, 2015

the Better Business Bureau of Metropolitan Houston, Inc., the Better Business Bureau of Metropolitan Houston Education Foundation, Dan Parsons, Chris Church, Church Enterprises, Inc., Gary Milleson, Ronald N. McMillan, D' Artagnan Bebel, Mark Goldie, Cha v. John Moore Services, Inc. and John Moore Renovation, LLC

This document contains two responses from John Moore Services, Inc. and John Moore Renovation, LLC. The primary document, filed March 13, 2015, is a response to the Appellants' (Better Business Bureau et al.) objections to consolidation of related cases for submission. John Moore Services, Inc. and John Moore Renovation, LLC (Appellees) advocate for consolidation, asserting it would serve justice and efficiency by resolving all issues in a single judgment and prevent further confusion arising from separate appeals. The embedded document, filed June 12, 2014, is a response and objection to the Better Business Bureau's motion for attorneys' fees, court costs, expenses, and sanctions. John Moore argues that the requested fees are not reasonable or necessary, that the issue of reasonableness requires a jury trial, and that the supporting evidence (Elkin Affidavit and invoices) is legally insufficient and conclusory. Furthermore, John Moore contends that awarding fees at this stage would be neither just nor equitable, given the ongoing viable claims, and requests the court to deny the motion for fees, sustain their objections, grant their motion to consolidate, and compel discovery responses.

LitigationAttorney FeesCase ConsolidationAnti-SLAPP StatuteTexas Civil ProcedureAppellate PracticeJury TrialEvidence ObjectionsDiscovery DisputesLegal Fees Reasonableness
References
27
Case No. No. 20-0505
Regular Panel Decision
Mar 11, 2022

in Re Eagleridge Operating, Llc

In this premises-defect case, Eagleridge Operating, LLC sought mandamus relief after a trial court struck its designation of Aruba Petroleum, Inc. as a responsible third party. Eagleridge contended that Aruba, a former wellsite owner-operator, held continuing responsibility for injuries from a burst gas pipeline under an independent contractor theory, despite having conveyed its ownership interest. The Supreme Court of Texas denied the petition, affirming the lower courts' decision that Occidental Chemical Corp. v. Jenkins was controlling. The Court reiterated that a property owner acts solely as an owner when improving its own property, and responsibility for premises defects generally transfers with the conveyance of ownership. The Court concluded that Aruba's compensation as operator of record did not transform its role from owner to independent contractor, and thus its responsibility terminated upon conveyance.

Premises liabilityMandamusResponsible third partyProperty ownershipOil and gas lawIndependent contractorOwner-operatorTexas Supreme CourtAppellate procedureCivil Practice and Remedies Code
References
28
Case No. 10-10-00171-CV
Regular Panel Decision
Mar 14, 2012

Mary Frances Haferkamp v. SSC Waco Greenview Operating Company, LP, Mariner Healthcare Management Company, SSC Pasadena Operating Company, LP, LLC, Savanseniorcare, LLC, Savaseniorcare Administrative Services, LLC

Mary Frances Haferkamp appealed the trial court's summary judgment in favor of SSC Waco Greenview Operating Company LP and other entities. Haferkamp sued for negligence due to an alleged workplace injury, claiming appellees were nonsubscribers to worker’s compensation insurance and failed to provide a safe workplace and adequate tools. Appellees moved for summary judgment, arguing lack of proximate cause and no breach of duty. The appellate court affirmed the summary judgment, finding that Haferkamp's deposition testimony conclusively established that the appellees' alleged negligence was not the proximate cause of her injury, as the patient's sudden act was unpreventable and she would not have used a gait belt even if available.

Negligence ClaimWorkplace InjurySummary Judgment AppealProximate CauseTexas Labor CodeNonsubscriber EmployerEmployer Duty of CareAppellate ReviewDeposition TestimonyGait Belt
References
14
Case No. M2012-00341-COA-R3-CV
Regular Panel Decision
Jan 17, 2013

Martin D. Red Patterson, as a Citizen of the State of Tennessee, and as Business Manager of the International Union of Operating Engineers Local 369 v. The Convention Center Authority of the Metropolitan Government of Nashville and Davidson Co.

This case addresses whether the residential addresses of employees of third-party contractors, found in payroll records submitted to the Convention Center Authority (CCA), are exempt from disclosure under the Tennessee Public Records Act (TPRA). Petitioners, Martin D. Patterson and Wayne Wells, sought these records to investigate compliance with prevailing wage laws and local hiring commitments for a public construction project. The CCA had redacted employee home addresses and social security numbers, citing privacy rights and exemptions under state and federal law. The trial court ruled that home addresses were not exempt and ordered their disclosure, though it denied attorney's fees to the petitioners. The Court of Appeals affirmed the trial court's judgment, holding that the TPRA does not explicitly or implicitly exempt such addresses from disclosure, and federal FOIA balancing tests are not applicable to the TPRA's framework. The appellate court further upheld the denial of attorney's fees, acknowledging the CCA's good faith in resisting disclosure.

Public Records ActEmployee PrivacyStatutory InterpretationGovernment ContractsPrevailing WageDisclosure LawsAppellate DecisionTennessee LawFOIA ComparisonAttorney Fee Discretion
References
39
Case No. 02-14-00303-CV
Regular Panel Decision
Aug 27, 2015

Titan Operating, LLC v. Marcus C. Marsden, Jr. and Laura B. Marsden

The case involves Titan Operating, LLC appealing a trial court's judgment favoring Marcus C. Marsden, Jr. and Laura B. Marsden in a nuisance suit. The Marsdens claimed Titan's oil and gas drilling operations near their home constituted a nuisance. However, the Marsdens had previously signed an oil and gas lease and an easement agreement with Titan (or its predecessors), receiving bonus payments and ongoing royalties. The Court of Appeals for the Second District of Texas, Fort Worth, reversed the trial court's decision, applying the doctrine of quasi-estoppel. The court ruled that it was unconscionable for the Marsdens to accept financial benefits from transactions authorizing drilling operations while simultaneously suing for nuisance based on the effects of those same operations. Consequently, the appellate court rendered judgment that the Marsdens take nothing.

Oil and Gas LawNuisanceQuasi-EstoppelProperty RightsMineral RightsLease AgreementEasementAppellate ReviewTexas Civil ProcedureLandowner Rights
References
24
Showing 1-10 of 3,409 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational