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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

Texas Ass'n of Business v. Texas Air Control Board

The Texas Association of Business (TAB) filed a declaratory judgment action against the Texas Air Control Board and the Texas Water Commission, challenging the constitutionality of statutes allowing these agencies to levy civil penalties. Specifically, TAB argued that provisions requiring a supersedeas bond or cash deposit for judicial review violated the open courts and jury trial provisions of the Texas Constitution. The trial court denied TAB's relief. On appeal, the Supreme Court of Texas affirmed the trial court's decision regarding the jury trial challenge, concluding that no right to a jury trial exists for appeals from administrative environmental adjudications. However, the Court reversed the trial court on the open courts challenge, holding that mandating a bond or cash deposit as a prerequisite to judicial review was an unreasonable and unconstitutional restriction on court access.

Constitutional LawAdministrative LawStandingJudicial ReviewOpen Courts ProvisionJury Trial RightEnvironmental LawCivil PenaltiesTexas ConstitutionSeparation of Powers
References
91
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. MISSING
Regular Panel Decision

Northeastern Stud Welding Corp. v. Webster

A New York corporation, previously certified as a woman-owned business enterprise, was denied recertification in 1992, leading to a CPLR article 78 proceeding challenging the determination. The court rejected claims of inadequate explanation and procedural irregularities, finding the Hearing Officer's rationale, adopted by the Executive Director, provided sufficient basis for judicial review, and the hearing procedures were within discretion. Substantial evidence supported the denial of recertification, as control over petitioner's daily operations, including critical decisions on bidding, marketing, sales, purchasing, hiring, and field supervision, was shared between the sole shareholder Jean Zelezniak, her husband, and another employee. This shared control, coupled with Zelezniak's lack of expertise and the company's formation structure, led to the conclusion that the business was family-owned and not independently controlled by Zelezniak as required by regulations for woman-owned business enterprise status. Consequently, the determination to deny recertification was confirmed, and the petition was dismissed.

Woman-owned business enterpriseRecertification denialCPLR Article 78Administrative reviewBusiness controlShareholder controlFamily-owned businessProcedural due processJudicial reviewExecutive Law
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. 03-04-00632-CV
Regular Panel Decision
Mar 17, 2006

State of Texas v. Precision Solar Controls, Inc.

The State of Texas, representing TxDOT, sued Precision Solar Controls, Inc., for breach of contract and warranty regarding allegedly defective traffic signals. Precision Solar filed a counterclaim for business disparagement, asserting the State waived sovereign immunity by initiating the suit. The trial court denied the State's plea to the jurisdiction. The appellate court affirmed, holding that by filing suit, the State waives its sovereign immunity against germane counterclaims, even if they are intentional torts, as the core facts concerning the signals' quality and warranty performance are common to both claims.

Sovereign ImmunityGovernmental ImmunityWaiver of ImmunityCounterclaimsBusiness DisparagementBreach of ContractBreach of WarrantyPlea to JurisdictionAppellate ReviewTexas Law
References
31
Case No. 2025 NY Slip Op 00502 [234 AD3d 1215]
Regular Panel Decision
Jan 30, 2025

Matter of Ito (International Business Promotion, Inc.--Commissioner of Labor)

Eriko Ito filed for unemployment insurance benefits after her employment with NHK Cosmomedia America, Inc. was terminated. The Department of Labor initially determined that International Business Promotion, Inc. (IBP), a recruiting and marketing company that placed Ito with NHK, was her employer and liable for unemployment insurance contributions. Although an Administrative Law Judge later ruled NHK was the true employer, the Unemployment Insurance Appeal Board reversed this, finding IBP to be Ito's employer. IBP appealed the Board's decision. The Appellate Division, Third Department, affirmed the Board's ruling, concluding that IBP exercised sufficient control over Ito's work, including screening, hiring, setting pay rates, direct payment, and handling complaints, to establish an employment relationship.

Unemployment InsuranceEmployment RelationshipIndependent ContractorStaffing AgencyRecruiting BusinessControl TestAppellate ReviewUnemployment Insurance Appeal BoardLabor LawJudiciary Law
References
11
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. MISSING
Regular Panel Decision
Jul 03, 2007

Clover Staffing, LLC v. Johnson Controls World Services, Inc.

Clover Staffing, LLC (Clover) sued Johnson Controls World Services, Inc. (JCI) for breach of a Subcontract Services Agreement. Clover alleged that JCI failed to pay for "Business Services" and "Procurement Services" as defined in their agreement. JCI moved for summary judgment, arguing Clover was not entitled to the claimed damages based on contract provisions and a previous annuity payment. The court granted JCI's motion in part, specifically denying damages for Business Services beyond the 2000 Operating Budget and limiting third-party procurement service damages to cost-savings, not gross margins. The court denied JCI's motion regarding some "additional Business Services" and third-party account claims, finding disputed facts. The court also granted summary judgment to JCI on claims related to the breach of Recital H and the failure to develop a marketing plan, citing Clover's inability to quantify damages.

breach of contractsummary judgmentbusiness servicesprocurement servicesdamagesthird-party accountsmutual concurrencecondition precedentgood faithTexas law
References
26
Case No. MISSING
Regular Panel Decision

Consolidated Flooring Corp. v. Environmental Control Board

The case involves a petitioner contractor found to have violated asbestos control program regulations by the Environmental Control Board. The violation stemmed from disturbing asbestos without proper containment and protection measures. The court reviewed the determination, confirming the Board's findings. Consequently, the petitioner's request was denied, and the related CPLR article 78 proceeding was dismissed. The court emphasized that asbestos abatement regulations apply even when the presence of asbestos is not initially suspected.

asbestos controlenvironmental regulation violationcontractor liabilitypublic health and safetyworker protectionadministrative determination reviewjudicial review of agency actionArticle 78 proceedingregulatory complianceasbestos abatement activities
References
2
Case No. 13-08-00589-CV
Regular Panel Decision
Nov 10, 2010

National Union Fire Insurance Company of Pittsburgh, Pa and Industrial Risk Insurers v. John Zink Company Fisher Controls Company, Inc. Fisher Controls International, Inc. Fisher Controls Installation and Service Company And Valtek, Inc.

This litigation, stemming from refinery explosions and fires in the 1980s, involved an appeal by National Union Fire Insurance Company and Industrial Risk Insurers (the Insurers) against various contractors (the Contractors). The Insurers, as subrogees of Valero Energy Corporation, sought damages for product liability, negligence, breach of contract, and Deceptive Trade Practices Act (DTPA) violations. The core legal dispute centered on whether the Contractors qualified as 'subcontractors' under a master contract between Valero and M.W. Kellogg Construction Company, which contained extensive waiver and release provisions. The appellate court affirmed the trial court's final summary judgment, concluding that the Contractors were indeed subcontractors, the express negligence doctrine did not apply to the post-act release, and Valero had validly waived its DTPA claims, thereby binding its subrogees.

Contractual WaiversSubrogation RightsSummary Judgment AppealExpress Negligence RuleDeceptive Trade Practices ActParol Evidence Rule ApplicationJudicial AdmissionsConstruction ContractsInsurance LitigationThird-Party Beneficiary
References
31
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