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

Case No. M2021-00927-COA-R3-CV
Regular Panel Decision
Apr 08, 2022

James Williams v. Smyrna Residential, LLC

This appeal addresses the enforceability of an arbitration agreement in a wrongful death lawsuit. James Williams sued Smyrna Residential, LLC and Americare Systems, Inc., alleging their negligence led to his father's death in an assisted living facility. Defendants sought to compel arbitration based on an agreement signed by the decedent's daughter, Karen Sams, who held a durable power of attorney. The Trial Court denied the motion, finding Sams lacked authority as her POA did not cover healthcare decisions, and the wrongful death beneficiaries were not bound. The Court of Appeals affirmed, holding that executing the arbitration agreement was a healthcare decision, which Sams' general POA did not authorize. Furthermore, the court clarified that wrongful death beneficiaries bring their own right of action and are not bound by agreements to which they were not parties.

Arbitration AgreementWrongful DeathPower of AttorneyHealthcare DecisionsAgency AuthorityAssisted Living FacilityNegligenceAppellate ReviewContract LawTennessee Supreme Court Precedent
References
33
Case No. MISSING
Regular Panel Decision

Commercial Union Insurance Co. v. Martinez

Martinez, injured at work, entered a workers' compensation settlement agreement with Commercial Union, which included an escrow provision for $8,000 if he required 'surgery to the back'. After undergoing surgery for a latoma, Martinez claimed the $8,000. Commercial Union denied the claim, arguing the surgery was not the intended type, and sought to introduce extrinsic evidence to interpret 'surgery to the back'. The trial court disallowed the extrinsic evidence and ruled in favor of Martinez, awarding him the $8,000 plus additional fees. The appellate court affirmed, holding that the term 'surgery to the back' was unambiguous and the extrinsic evidence was properly excluded.

Contract InterpretationAmbiguityExtrinsic EvidenceWorkers' CompensationSettlement AgreementEscrow ProvisionSurgery DefinitionMutual MistakeTrade CustomAppellate Review
References
14
Case No. 04-12-00702-CV
Regular Panel Decision
Nov 13, 2013

John Homer Coonly (Appellant/Cross-Appellee) v. Gables Residential Services, Inc., D/B/A Gables West Avenue (Appellee/Cross-Appellant)

John Homer Coonly appealed the trial court's order granting summary judgment in favor of Gables Residential Services, Inc., which resulted in Coonly taking nothing on his claims for negligence, premises liability, and violations of the Texas Deceptive Trade Practices-Consumer Protection Act (DTPA). Coonly's claims stemmed from the theft and vandalism of his motorcycles from the apartment parking garage owned by Gables. Gables filed a cross-appeal regarding the denial of attorney's fees. The appellate court affirmed the summary judgment on negligence and premises liability claims, finding the lease agreements validly waived such claims. However, the court reversed and remanded the summary judgment on Coonly's DTPA claim, concluding that the waiver language in the agreements did not meet the DTPA's statutory requirements and Coonly's affidavit raised a material issue of fact regarding Gables' representations about the access gate.

NegligencePremises LiabilityDeceptive Trade Practices ActDTPASummary JudgmentLease AgreementExculpatory ClauseWaiver of LiabilityAttorney's FeesContract Law
References
19
Case No. MISSING
Regular Panel Decision

Hartford Accident & Indemnity Co. v. Commercial Union Insurance

This case involves a dispute between two insurance companies, Hartford Accident and Indemnity Company (excess insurer) and Commercial Union Insurance Company (primary insurer), concerning liability for an injury claim. Michael Jutt, an employee of Minuteman Press International, Inc., was injured while on a Minuteman-owned boat. Commercial Union, the primary insurer, denied coverage and refused to defend Minuteman, leading Hartford, the excess insurer, to provide defense and settle Jutt's claim for $135,000. Hartford subsequently sued Commercial Union for breach of fiduciary duty. The District Court affirmed Hartford's standing to sue, recognizing a direct fiduciary duty owed by a primary insurer to an excess insurer, and found that the "paid employees" exclusion in Commercial Union's policy was ambiguous. Consequently, the Court ruled in favor of Hartford, ordering Commercial Union to pay $135,000 plus interest.

Insurance LawExcess InsurancePrimary InsuranceFiduciary DutyEquitable SubrogationPolicy ExclusionAmbiguous Contract TermDeclaratory Judgment ActionStanding to SueMarine Insurance
References
5
Case No. MISSING
Regular Panel Decision

Commercial Risk Reinsurance Co. v. Security Insurance

Petitioners Commercial Risk Reinsurance Company Limited and Commercial Risk Re-Insurance Company (collectively “Commercial Risk”) initiated an action to vacate an arbitration award obtained by respondent Security Insurance Company of Hartford (“Security”). Security subsequently cross-moved to confirm the Award. The District Court denied Commercial Risk’s motion to vacate and granted Security’s motion to confirm the Award, finding that Commercial Risk failed to establish sufficient grounds for misconduct by the arbitrators. Commercial Risk then sought reconsideration of this order, arguing improper exclusion of a witness and documents related to damages. The Court denied the motion for reconsideration, reaffirming its original decision and emphasizing the broad discretion granted to arbitrators in procedural matters, particularly given the "Honorable Engagement" clause in the parties' agreement.

ArbitrationReinsurance ContractsVacatur of Arbitration AwardConfirmation of Arbitration AwardMotion for ReconsiderationFederal Arbitration ActInternational ArbitrationEvidentiary RulingsJudicial ReviewArbitrator Discretion
References
27
Case No. MISSING
Regular Panel Decision

Pathmark Stores, Inc. v. United Food & Commercial Workers Local 342-50

Pathmark, an employer, initiated a lawsuit against the United Food and Commercial Workers Local 342 50, a labor union, due to an ongoing labor dispute. The core of Pathmark's complaint alleged breach of contract and various tortious acts by the Union, stemming from disagreements over the interpretation and application of their collective bargaining agreement (CBA). The central legal question before the court was whether Pathmark's claims were subject to mandatory arbitration under the CBA, as the Union contended that the grievance and arbitration procedures were exclusively for employees. Applying the strong presumption of arbitrability in labor law, the court meticulously analyzed Article XXIII of the CBA, concluding that its broad language encompassed employer-initiated disputes despite the primary focus on employee grievances. Consequently, the court granted the Union's motion to dismiss Pathmark's federal contract claims, compelling arbitration, and subsequently declined to exercise jurisdiction over the remaining state law claims.

Labor disputeArbitrationCollective bargaining agreementEmployer claimsUnion rightsGrievance procedureArbitrabilitySecond CircuitMotion to dismissFederal court jurisdiction
References
15
Case No. 2016 NY Slip Op 00302 [135 AD3d 572]
Regular Panel Decision
Jan 19, 2016

Domaszowec v. Residential Management Group LLC

Plaintiff Tracy Domaszowec's decedent died from a fall while cleaning a window on the 13th floor of an apartment building. The Appellate Division, First Department, modified a Supreme Court order, granting plaintiff's motion for partial summary judgment on her Labor Law § 240 (1) claim against Residential Management Group LLC and 40 Fifth Avenue Corporation (40 Fifth defendants), the building owner and manager. The court found the decedent was engaged in "commercial window washing," thereby making Labor Law § 240 (1) applicable. The court affirmed the dismissal of Labor Law § 202 against Veronica Bulgari and Stephen Haimo due to lack of exclusive control, and common-law negligence claims against T&L Contracting of N.Y., Inc. and Greenpoint Woodworking Inc. due to the lack of an exception to the contractual obligation rule. Issues of fact precluded summary judgment on negligence claims against Panorama Windows, Ltd., and the doctrine of res ipsa loquitur was deemed inapplicable to certain defendants.

Window cleaner fatalityScaffold LawSummary judgment appealAppellate Division First DepartmentCommercial vs. routine window washingLabor Law applicabilityContractual tort liabilityRes ipsa loquitur in negligencePunitive damages dismissalExpert witness evidence
References
8
Case No. MISSING
Regular Panel Decision

S. Strauss, Inc. v. United Food & Commercial Workers Union, Local 342

S. Strauss, Inc. filed a motion to stay arbitration initiated by the United Food and Commercial Workers’ Union, Local 342. Strauss argued the collective bargaining agreement (CBA) was a 'sham' and its arbitration clause unenforceable. The District Court denied the motion, applying the doctrine of collateral estoppel based on a previous Southern District of New York ruling that affirmed the CBA's validity. The court also rejected Strauss's 'sham' argument on its merits and dismissed the 'primary jurisdiction' doctrine argument. Consequently, Strauss's motion was denied and the case dismissed.

Labor LawArbitrationCollective BargainingContract DisputeCollateral EstoppelIssue PreclusionFederal CourtsUnion RepresentationMotion PracticeInjunctive Relief
References
37
Case No. W2019-02089-COA-R3-CV
Regular Panel Decision
Mar 11, 2022

Commercial Painting Company INC. v. The Weitz Company LLC

This is the third appeal in a commercial construction project dispute between general contractor Weitz Company, LLC and subcontractor Commercial Painting Company, Inc. Commercial Painting originally sued Weitz for damages, including intentional misrepresentation and breach of contract, resulting in a jury award of $1,729,122.46 in compensatory damages and $3,900,000.00 in punitive damages, plus interest and attorney's fees. On appeal, the Court of Appeals of Tennessee held that the economic loss rule applies to construction contracts between sophisticated commercial entities, thus barring the fraud claim and punitive damages. The court affirmed the compensatory damages for breach of contract but reversed the punitive damages and pre/post-judgment interest due to contractual waivers. The attorney's fees award was vacated and remanded for reconsideration to reflect only those fees related to the affirmed compensatory damages.

Commercial ConstructionSubcontractor DisputeBreach of ContractFraudulent MisrepresentationEconomic Loss RulePunitive DamagesCompensatory DamagesAttorney's FeesPre-judgment InterestPost-judgment Interest
References
11
Case No. MISSING
Regular Panel Decision

United Food & Commercial Workers v. Appletree Markets, Inc. (In Re Appletree Markets, Inc.)

The court considered an appeal from the United Food and Commercial Workers (UFCW) challenging a bankruptcy court's order that rejected their collective bargaining agreements (CBAs) with AppleTree Markets, Inc., the debtor. AppleTree sought to dismiss the appeal as moot due to the substantial consummation of its Chapter 11 reorganization plan and the subsequent expiration of the CBAs, also arguing res judicata. The District Court denied AppleTree's motion to dismiss, finding that effective appellate relief remained possible and that res judicata did not apply given the UFCW's timely appeal. On the merits, the court affirmed the bankruptcy court's rejection of the CBAs, concluding that the debtor's proposed modifications were necessary for a successful reorganization and were fair and equitable to all affected parties.

Bankruptcy LawCollective BargainingLabor RelationsChapter 11 ReorganizationContract RejectionAppellate ProcedureMootness DoctrineRes JudicataDebtor-in-PossessionUnion Rights
References
15
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