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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

Woods v. Littleton

Jackie and Cheryl Woods sued B. L. Littleton and Joe S. Thomson, doing business as Superior Construction Company, for defective sewer systems and faulty repairs, alleging violations of the Deceptive Trade Practices-Consumer Protection Act. The trial court found the Act applicable and actions deceptive but declined to treble damages. The court of civil appeals reversed and remanded, questioning the Act's applicability. This court affirmed the remand, ruling that the Act applies to deceptive practices occurring after its effective date (May 21, 1973), even if the initial sale was earlier, and that treble damages are mandatory once liability is established. The case was remanded for a retrial to determine actual damages solely attributable to post-effective date deceptive practices, which must then be trebled.

Deceptive Trade Practices ActConsumer ProtectionMandatory Treble DamagesStatutory InterpretationRemand for RetrialSewer System DefectsFaulty Repair ServiceReal Estate TransactionPost-Effective Date ApplicabilityMental Anguish Damages
References
18
Case No. MISSING
Regular Panel Decision

Rodriguez v. Texas Employers' Insurance Ass'n

This case concerns an appeal from a summary judgment granted in favor of a workers' compensation carrier. The appellant's husband died at work, and the carrier denied death benefits, leading the appellant to sue for benefits under the Workers' Compensation Act and for treble damages under the Texas Deceptive Trade Practices Act (DTPA). While the appellant successfully recovered workers' compensation benefits, the trial court granted summary judgment on the DTPA claim, ruling that the decedent was not a "consumer" as defined by the Act. The appellate court affirmed this decision, concluding that the relationship between the decedent and the compensation carrier was statutory, not contractual, meaning there was no "purchase" of goods or services to establish consumer status under the DTPA. Therefore, the denial of workers' compensation liability alone did not give rise to a cause of action under the Deceptive Trade Practices Act.

Workers' CompensationDeceptive Trade PracticesSummary Judgment AppealConsumer StatusInsurance LiabilityStatutory RelationshipContractual RelationshipDeath Benefits ClaimTreble DamagesAppellate Court Decision
References
2
Case No. MISSING
Regular Panel Decision

Brewer v. Exxon Corp.

Plaintiff Brewer filed a lawsuit against Exxon Corporation alleging breach of contract and violations of the Petroleum Marketing Practices Act (PMPA) and Title VII of the 1964 Civil Rights Act. Brewer, an Exxon employee, claimed she was promised a dealership and that her management role was a precondition to an eventual franchise. Exxon later converted the store to a franchise, but Brewer did not acquire it, as it was sold to another individual who was required to purchase two stores. The court analyzed whether the PMPA applied to the relationship between the parties, noting that the Act is intended to cover existing franchise relationships and protect independent dealers who have invested time and money, not preliminary negotiations or mere employees. Finding that Brewer was an employee and did not bear the entrepreneurial risk indicative of a franchisee, the court granted summary judgment to Exxon, dismissing Brewer's claim under the PMPA, while suggesting she might have other common law or statutory remedies.

Petroleum Marketing Practices ActFranchise AgreementEmployee RightsSummary JudgmentContract DisputeTitle VII ClaimMotor Fuel DistributionStatutory InterpretationBusiness RelationshipsEntrepreneurial Risk
References
11
Case No. 03-18-00740-CV
Regular Panel Decision
Mar 06, 2020

Gerard Matzen// Marsha McLane, in Her Official Capacity as Director of Texas Civil Commitment Office, and the Texas Civil Commitment Office v. Marsha McLane, in Her Official Capacity as Director of Texas Civil Commitment Office, and the Texas Civil Commitment Office// Cross-Appellee, Gerard Matzen

Gerard Matzen appealed a district court's partial grant of Appellees' plea to the jurisdiction in his civil commitment case under the sexually violent predator (SVP) statute, challenging rulings on his APA, ultra vires, and immunity claims. The Texas Civil Commitment Office (TCCO) and its Director Marsha McLane cross-appealed the denial of their plea regarding Matzen's procedural due process and takings claims. The Court of Appeals affirmed the district court's order, finding Matzen's APA and ultra vires claims invalid and qualified immunity inapplicable. However, the court upheld the district court's denial of the plea concerning Matzen's procedural due process and takings claims, concluding they presented viable constitutional questions requiring further factual development.

Civil commitmentSexually Violent Predator ActPlea to the jurisdictionSovereign immunityUltra vires claimsAdministrative Procedure ActDue processTakings clauseCost recovery feesGovernment agency authority
References
65
Case No. 2020 NY Slip Op 07007
Regular Panel Decision
Nov 25, 2020

Matter of Civil Serv. Empls. Assn., Inc., Local 1000, AFSCME, AFL-CIO (New York State Dept. of Corr. & Community Supervision)

Dana Favreau, an employee, faced dismissal by the New York State Department of Corrections and Community Supervision after allegedly filing false incident reports against her supervisor. Her union, Civil Service Employees Association, Inc., initiated a grievance that led to arbitration. The arbitrator dismissed some charges pre-hearing and all remaining charges when the respondent refused to participate in the evidentiary hearing. The Supreme Court vacated the arbitration award, finding the arbitrator exceeded her authority. The Appellate Division reversed this decision, holding that the arbitrator acted within her authority and consistent with the collective bargaining agreement (CBA) and Civil Practice Law and Rules (CPLR), thereby granting the petitioners' application to confirm the arbitration award and denying the respondent's cross-motion to vacate.

ArbitrationCollective Bargaining AgreementGrievanceDismissal from ServiceAbuse of AuthorityJudicial ReviewAppellate ReversalDue ProcessEvidentiary HearingSummary Judgment
References
13
Case No. MISSING
Regular Panel Decision
Apr 14, 1988

Levitt v. Civil Service Commission

The City of New York appealed a Supreme Court judgment that affirmed the Civil Service Commission's decision to reject the reclassification of the deckhand position from the competitive to the noncompetitive civil service class. Petitioners argued that the Commission applied an overly strict standard, acted inconsistently with Title VII of the Civil Rights Act and the NY Constitution, based its decision solely on a presumption despite expert opinions, and failed to adequately state its reasoning. The Appellate Division found that the Commission properly used the term "compelling" to reflect the constitutional preference for competitive examinations and that its decision, while brief, allowed for judicial review. Citing the public safety roles of deckhands, similar to police and firefighters, the court concluded that competitive examinations are feasible and petitioners failed to demonstrate an impediment to compliance with job-relatedness requirements.

Civil Service LawJob ReclassificationCompetitive ExaminationNoncompetitive ClassPublic SafetyDeckhand PositionAppellate ReviewCivil Rights Act Title VIINew York ConstitutionArbitrary Determination
References
5
Case No. MISSING
Regular Panel Decision
Dec 09, 1987

Kincade v. Firestone Tire & Rubber Co.

This is a class action lawsuit filed against Firestone Tire and Rubber Company under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981, alleging racial discrimination in various employment practices at its LaVergne, Tennessee plant. The plaintiffs, comprising black applicants, current, and former employees, and the Nashville NAACP, claimed discrimination in recruitment, hiring, promotions, disciplinary actions, and terminations. The Court found insufficient evidence to establish a systemwide pattern or practice of intentional discrimination or disparate impact for the class claims, thus entering judgment for the defendant on these matters. However, for individual claims, the Court ruled in favor of Bobby Lee Kincade for a racially hostile work environment, Mary Pope Fite for discriminatory failure to promote, and Bobby W. Ivy for discriminatory failure to hire, while denying all other individual claims.

Racial discriminationEmployment discriminationTitle VIICivil Rights Act42 U.S.C. § 1981Disparate treatmentDisparate impactClass actionHiring discriminationPromotion discrimination
References
42
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Stowe & Aircooled Motors, Inc.

This case involves a motion to compel arbitration under section 1450 of the Civil Practice Act, related to the discharge of Gerald Mersfelder. A cross-motion was filed to dismiss the application. The court addressed preliminary objections regarding the local union's standing as a contracting party, affirming its involvement. It was determined that the arbitration clause was limited and did not cover all disputes, particularly unfair labor practices which fall under the National Labor Relations Board's jurisdiction. The court also considered its own jurisdiction under the Civil Practice Act, noting that the controversy arose before amendments broadening the scope of arbitrable subjects took effect. Ultimately, the court found no basis for arbitration as the grievance did not involve the interpretation or application of the contract's provisions.

ArbitrationLabor LawCollective Bargaining AgreementEmployee DischargeJurisdictionCivil Practice ActMotion to CompelMotion to DismissUnion RightsContract Interpretation
References
2
Case No. MISSING
Regular Panel Decision

Nassau Chapter of Civil Service Employees Ass'n v. County of Nassau

This case involves an appeal concerning the commencement of county service for employees initially hired under the Comprehensive Employment and Training Act (CETA) for purposes of a collective bargaining agreement between the Nassau Chapter of the Civil Service Employees Association, Inc. (plaintiff) and the County of Nassau (defendant). The plaintiff sought to include CETA employment prior to December 31, 1976, as commencement of county service under 'Plan A' of the agreement. The defendant appealed a Supreme Court judgment that had initially granted this relief. The appellate court reversed the judgment, holding that CETA employment, despite county supervision, should not be considered the commencement of county service for employment agreement purposes due to its temporary nature. The court concluded that service should only be deemed to begin when a position is obtained under Civil Service Law procedures. Consequently, CETA employees hired by the county after December 31, 1976, are excluded from Plan A, regardless of prior CETA service.

CETA EmploymentCivil Service LawCollective Bargaining AgreementCounty Service CommencementTemporary EmploymentIncremental Salary PlanPublic Sector EmploymentEmployee Benefits EligibilityAppellate DivisionNassau County
References
4
Case No. MISSING
Regular Panel Decision

Trivett v. Tri-State Container Corp.

This class action involves female employees suing Tri-State Container Corporation for sex-based employment discrimination under Title VII of the Civil Rights Act of 1964. The court found that Tri-State engaged in unlawful employment practices by paying female class B folders less than male general floor helpers for substantially similar work, implementing discriminatory 'clock-out' policies, and creating an unequal system for promotions that favored male employees. However, the court found no sex discrimination in the company's layoff practices, determining that these decisions were based on legitimate business reasons and job qualifications rather than gender. The plaintiffs were awarded relief including back pay for wage disparities and reasonable counsel fees, with specific amounts to be determined.

Employment DiscriminationSex DiscriminationClass ActionWage DisparitySeniorityPromotion OpportunitiesBack PayCivil Rights Act 1964Title VIIUnlawful Employment Practice
References
27
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