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

Case No. 05-17-00423-CV
Regular Panel Decision
Dec 31, 2018

Linda Dickens and Dickens Law, LLC v. Jason C. Webster, P.C. D/B/A the Webster Law Firm and Jason Webster

This case concerns a dispute between two lawyers, Linda Dickens and Jason C. Webster, over an alleged contingency fee sharing agreement in a wrongful death case. Webster sought a declaration that the agreement was unenforceable under Texas law, while Dickens counterclaimed for tortious interference and breach of contract, arguing Kansas law should apply. The trial court dismissed Dickens’s tortious interference claim under the TCPA and granted summary judgment to Webster. On appeal, the court reversed the dismissal of Dickens's tortious interference claim, finding sufficient evidence, but affirmed that Texas law applies and the fee sharing agreement is unenforceable due to a lack of written client consent as required by Texas Disciplinary Rules. The case is remanded for further proceedings on the tortious interference claim.

Fee Sharing AgreementTortious InterferenceTexas Citizens Participation ActCommercial Speech ExemptionChoice of LawProfessional Conduct RulesContingency FeesLegal EthicsSummary JudgmentAppellate Review
References
40
Case No. MISSING
Regular Panel Decision
Dec 19, 1945

Empire Case Goods Workers Union v. Empire Case Goods Co.

Empire Case Goods Workers Union, on behalf of its members, brought an action against Empire Case Goods Company and Sidney G. Bose to recover vacation pay stipulated in a contract. Empire sold its business to Bose, leading both defendants to deny liability for the vacation pay. The Special Term initially dismissed the complaint against both defendants, reasoning that Empire's employees became Bose's and Bose was not party to the contract. On appeal, the court affirmed the dismissal against Bose, finding no implied assumption of Empire's wage structure. However, it reversed the dismissal against Empire, holding Empire liable for the vacation pay as employees were not notified of the change in employer and continued to work under Empire's apparent authority, making Empire responsible under master and servant law.

Vacation PayEmployer LiabilitySuccessor LiabilityEmployment ContractSale of BusinessNotice of TerminationAgency RelationshipMaster and Servant LawAppellate ReviewWage Dispute
References
2
Case No. MISSING
Regular Panel Decision

Matter of Palazzolo v. Dutchess County

Claimant sustained a work-related injury to her left arm in July 2000. Although no lost wages were claimed initially, diagnostic tests were authorized, and issues of permanency and average weekly wages remained unresolved, with a directive for the employer to provide payroll records. In 2013, after claimant sought further medical treatment, the employer requested to transfer liability to the Special Fund for Reopened Cases under Workers’ Compensation Law § 25-a, arguing the statutory time limits had elapsed. A Workers’ Compensation Law Judge denied this request, finding the case was never truly closed due to outstanding issues and unfulfilled directives. The Workers’ Compensation Board affirmed this decision, which was subsequently appealed. The appellate court affirmed the Board’s determination, concluding that substantial evidence supported the finding that further proceedings were contemplated, thus preventing the case from being considered truly closed for the purpose of shifting liability.

Workers' CompensationSpecial Fund for Reopened CasesLiability TransferCase ClosureOutstanding IssuesPermanency DeterminationAverage Weekly WagesPayroll RecordsAppellate ReviewNew York Labor Law
References
7
Case No. E2021-00378-SC-R11-CV
Regular Panel Decision
Nov 14, 2024

Terry Case v. Wilmington Trust, N.A.

Plaintiff Terry Case defaulted on his mortgage, leading to a foreclosure sale by Wilmington Trust, N.A. Case sued for 'wrongful foreclosure,' alleging improper notice of a postponed sale. The trial court granted summary judgment to Defendants, but the Court of Appeals reversed, finding a notice violation. The Supreme Court of Tennessee granted review to determine if Tennessee recognizes a common law cause of action for 'wrongful foreclosure' and if the deed of trust required written notice of postponement. The Supreme Court held that Case has constitutional standing but ruled that no common law cause of action for 'wrongful foreclosure' exists in Tennessee. Consequently, the Supreme Court reversed the Court of Appeals' judgment and remanded the case.

ForeclosureMortgage DefaultStanding DoctrineProperty RightsCommon Law Cause of ActionNotice RequirementsDeed of TrustAppellate ProcedureSummary JudgmentContract Law
References
85
Case No. M2000-00547-COA-R3-CV
Regular Panel Decision
Jun 08, 2001

Mary Louise Goodman Case v. Billy Ray Case

This is a divorce case involving Mary Louise Goodman Case (Wife) and Billy Ray Case (Husband) after 25 years of marriage. The trial court granted a divorce to the Wife on grounds of the Husband's inappropriate marital conduct, divided marital property, but failed to determine the value of the Wife's pension plan, and did not award spousal support to the Husband. The Husband appealed, arguing against the divorce, the property division, and the lack of alimony. The Court of Appeals affirmed the divorce and the decision not to award alimony but reversed and remanded the case for the trial court to classify, value, and equitably divide the Wife's pension plan as marital property.

DivorceMarital PropertyPension DivisionSpousal SupportAlimonyInappropriate Marital ConductDisability BenefitsEquitable DistributionAppellate ReviewCredibility
References
6
Case No. Case No. 3:06cv0003; Case No. 3:06cv0004
Regular Panel Decision

B & B Enterprises of Wilson County, LLC v. City of Lebanon

This consolidated action involves two cases, the Lead Case and the Member Case, both initially filed in state court and subsequently removed to a federal district court in Tennessee. In the Member Case, the federal court determined that the removal was premature because defendants removed the case after plaintiffs moved to amend their complaint to add federal claims but before the state court had ruled on the motion, thus lacking subject-matter jurisdiction. Consequently, the Member Case was remanded to state court. For the Lead Case, plaintiffs had included federal civil rights claims in their initial complaint, justifying its removal to federal court. However, plaintiffs later filed an unopposed motion to non-suit these federal claims, which the court granted, and it declined to exercise supplemental jurisdiction over the remaining state-law claims, specifically regarding inverse condemnation under Tennessee law, remanding the Lead Case to state court as well. The court emphasized principles of economy, convenience, fairness, and comity, and noted the defendants' apparent attempts at forum manipulation.

Federal Question JurisdictionRemoval to Federal CourtSupplemental JurisdictionRemand to State CourtSubject-Matter JurisdictionMotion to Amend ComplaintNon-Suit Federal ClaimsInverse CondemnationTennessee LawPremature Removal
References
10
Case No. MISSING
Regular Panel Decision
Feb 08, 2013

Claim of Pankiw v. Eastman Kodak Co.

The case involves an appeal from a Workers’ Compensation Board decision regarding the shifting of liability to the Special Fund for Reopened Cases under Workers’ Compensation Law § 25-a. Claimant, who suffered work-related injuries in 2004, had a 20% schedule loss of use of his left arm opined in 2007, and a consequential right shoulder injury was added in 2008 with a 30% schedule loss of use, for which the Special Fund became liable. In 2011, claimant sought further action, leading a WCLJ to transfer liability to the Special Fund. However, the Board reversed, finding the case was not "truly closed" because the issue of the left arm injury remained unaddressed. The Appellate Division affirmed the Board's decision, holding that the lack of resolution on the left arm injury meant further proceedings were contemplated, thus preventing the case from being deemed truly closed for liability transfer to the Special Fund.

Workers' CompensationSpecial Fund for Reopened CasesSchedule Loss of UseConsequential InjuryCase ClosureLiability ShiftAppellate DivisionFactual DeterminationCompensation PaymentsUnaddressed Issues
References
5
Case No. NO. 01-17-00203-CV, NO. 01-17-00206-CV
Regular Panel Decision
Aug 23, 2018

Terri Porter Garcia v. the Travis Law Firm, P.C.

This case involved combined appeals from Terri Porter-Garcia and Allison E. Martin against their former employer, The Travis Law Firm, P.C. The appellants sought to dismiss claims of breach of contract, fraud, and violations of the Theft Liability Act under the Texas Citizens Participation Act (TCPA), arguing the claims stemmed from their wage disputes filed with the Texas Workforce Commission. The appellate court concluded the TCPA applied. It affirmed the trial courts' denial of dismissal for the breach of contract claims, finding the Law Firm established a prima facie case. However, the court reversed the denial of dismissal for the fraud and Theft Liability Act claims, as the Law Firm failed to provide clear and specific evidence for these allegations, and remanded those claims for dismissal.

Texas Civil Practice and Remedies CodeTexas Citizens Participation ActTCPAAnti-SLAPPBreach of ContractFraudTheft Liability ActWage DisputesEmployment LawAppellate Court
References
29
Case No. 2019 NY Slip Op 01728
Regular Panel Decision
Mar 12, 2019

O'Dwyer v. Law Offs. of Rex E. Zachofsky, PLLC

This case involves a fee-sharing dispute between Ginarte, O'Dwyer, Gonzalez, Gallardo & Winograd, L.L.P. (plaintiff) and The Law Offices of Rex E. Zachofsky, PLLC (defendant) concerning Workers' Compensation cases. The plaintiff moved to compel discovery, and the defendants moved for partial summary judgment on the breach of contract claim. The Supreme Court initially denied both motions. On appeal, the Appellate Division, First Department, modified the order by granting the plaintiff's discovery motion, allowing access to the Workers' Compensation Board's eCase system for referred cases. The court affirmed the denial of partial summary judgment for the defendants, noting that the breach of contract claim could not be resolved as a matter of law due to evidence of the plaintiff's firm's participation. An appeal and cross-appeal from a subsequent order denying reargument were dismissed as nonappealable.

Fee-sharing agreementBreach of contractRules of Professional ConductDiscovery disputeWorkers' Compensation casesAppellate reviewSummary judgmentAttorney responsibilityE-discoveryLegal ethics
References
3
Case No. MISSING
Regular Panel Decision
Dec 26, 2013

Claim of Hunter v. Tops Market, Inc.

The case involves an appeal concerning the transfer of liability to the Special Fund for Reopened Cases under Workers’ Compensation Law § 25-a. The claimant had an established workers' compensation claim for right carpal tunnel syndrome, with a later diagnosis of left carpal tunnel syndrome. Despite a 10% schedule loss of use for the right hand, the employer's request to transfer liability was denied by the Workers' Compensation Board. The Board ruled that the case was never truly closed because issues regarding the left carpal tunnel syndrome remained unresolved, as evidenced by a doctor's report. The Appellate Division affirmed this decision, concluding that substantial evidence supported the finding that further compensation proceedings were still contemplated, thereby preventing the transfer of liability.

Workers' Compensation Law § 25-aSpecial Fund for Reopened CasesCarpal Tunnel SyndromeOccupational DiseaseSchedule Loss of UseTransfer of LiabilityCase ClosureBoard Decision AffirmedAppellate DivisionNerve Conduction Study
References
7
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