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

Case No. 03-02-00030-CV
Regular Panel Decision
Jun 12, 2003

Qwest Communications International, Inc. Qwest Communications Corporation And SP Construction Services, Inc./ AT&T Corp. AT&T Communications of the Southwest, Inc. CK Directional Drilling v. AT&T Corp. AT&T Communications of the Southwest, Inc./Qwest Communications International Inc. Qwest Communications Corporation SP Construction Services, Inc. C&S Directional Boring Company, Inc. CK Directional Drilling

This case involves an appeal from a judgment awarding economic and exemplary damages to AT&T for fiber-optic cable damage caused by Qwest and its subcontractors, CK Directional Drilling and C&S Directional Boring Company, Inc. The core dispute arose from three instances in 1997 where AT&T's cables were severed during Qwest's fiber-optic network construction. Qwest, CK, and AT&T all appealed the district court's final judgment, challenging various aspects, including malice findings, the validity of a Rule 11 agreement, damage calculations, and vicarious liability. The appellate court affirmed the findings of malice against Qwest and C&S, and Qwest's liability for its subcontractors' actions. However, it reversed the breach-of-contract damages awarded to AT&T due to insufficient evidence and upheld the district court's calculation of exemplary damages and prejudgment interest.

Fiber-optic cable damageTelecommunications infrastructureSubcontractor liabilityExemplary damagesMaliceRule 11 agreementBreach of contractPrejudgment interestAppellate reviewVicarious liability
References
0
Case No. 02-17-00252-CV
Regular Panel Decision
Jun 30, 2017

Lantek Communications, Inc. v. Hamilton Peck

This case concerns a breach of contract and fraud dispute stemming from a settlement agreement between Lantek Communications, Inc. (and related entities) and Hamilton Peck. Lantek, initially seeking declaratory judgment on the interpretation of their settlement agreement, faced Peck's counterclaims alleging a failure to pay the full amount due for a Phase 3 subcontract. The core disagreement revolves around whether Peck was owed 10% of a partial funding amount or the entire Guaranteed Maximum Price (GMP) for the original scope of work. The trial court ultimately ruled in favor of Hamilton Peck on the breach of contract claim, denying Lantek's summary judgment and granting Peck's, while also granting Lantek Parties' summary judgment on Peck's fraud counterclaims, leading to this appeal.

Contract DisputeBreach of ContractSummary JudgmentSettlement AgreementFraud ClaimsAppellate ReviewContract InterpretationGuaranteed Maximum Price (GMP)Construction IndustryShareholder Dispute
References
56
Case No. 2018 NY Slip Op 07834 [166 AD3d 468]
Regular Panel Decision
Nov 15, 2018

Charter Communications, Inc. v. Local Union No. 3

The Appellate Division, First Department, affirmed the Supreme Court's orders. The Supreme Court had denied Charter Communications, Inc.'s motion for a preliminary injunction against Local Union No. 3's picketing campaign and its motion to compel expedited discovery. Additionally, the Supreme Court granted the defendants' motion to dismiss the complaint. The Appellate Division found that the lower court properly declined to make factual findings required for injunctive relief under Labor Law § 807 and correctly dismissed common-law tort claims due to a failure to plead that individual union members authorized or ratified the alleged unlawful actions.

Preliminary InjunctionPermanent InjunctionLabor DisputePicketingTrespassingCommon-Law TortUnion LiabilityExpedited DiscoveryAppellate ReviewDismissal of Complaint
References
3
Case No. MISSING
Regular Panel Decision

Control Network Communications, Inc. v. International Brotherhood of Electrical Workers

Plaintiff Control Network Communications, Inc. (CNC) initiated an action against defendant International Brotherhood of Electrical Workers, Local Union No. 236, alleging breach of contract and fraud under the Labor Management Relations Act (LMRA). CNC contended that Local 236 violated a 'most favored nations' clause in their collective bargaining agreement by offering more favorable terms to another employer, Adirondack Cabling. CNC's grievance was ultimately denied by the Labor Management Committee (LMC). The court granted Local 236's motion to dismiss, finding the LMC's decision on the breach of contract claim to be final and binding due to CNC's failure to timely petition for vacation. Additionally, the court ruled that CNC's fraud claim was preempted by the LMRA, as its resolution required interpretation of the collective bargaining agreement.

Breach of contractFraud claimLabor Management Relations Act (LMRA)Most favored nations clauseCollective bargaining agreement (CBA)Grievance procedureMotion to dismissFederal preemptionLabor Management Committee (LMC)Final and binding determination
References
20
Case No. MISSING
Regular Panel Decision

Cablevision Systems Corp. v. Communications Workers of America District 1

The lawsuit, filed by Cablevision Systems against Communications Workers of America District 1 (CWA) and individual defendants, sought to address alleged harassment, trespass, stalking, disorderly conduct, and tortious interference with business relations. These claims arose from the defendants' purported disruption of two private Cablevision events in May 2013, a shareholder meeting and an investors' conference. The defendants moved to dismiss the complaint. The court granted the motion, ruling that a corporate entity like Cablevision Systems cannot be considered a "person" for the purpose of bringing statutory claims under the Penal Law sections cited (harassment, stalking, disorderly conduct). Furthermore, the court found the claims for common-law trespass and tortious interference insufficient due to the plaintiff's failure to demonstrate that individual union members authorized or ratified the alleged unlawful actions. Consequently, the plaintiff's complaint was dismissed entirely.

Labor DisputeUnion HarassmentCorporate EventsTrespassStalkingDisorderly ConductTortious InterferenceMotion to DismissPrivate Right of ActionPenal Law Interpretation
References
16
Case No. 03-12-00183-CV
Regular Panel Decision
Mar 19, 2014

Raymond Bloch// SAVR Communications, Inc. And OnAsset Intelligence, Inc. v. SAVR Communications, Inc. OnAsset Intelligence, Inc. VanOwen Group Acquisition Company, Inc. Adam Crossno And John Crossno// Cross-Appellee, Raymond Bloch

This case originated from a dispute over severance pay in an employment agreement. Raymond Bloch sought $95,000 in severance pay from SAVR Communications, Inc. and OnAsset Intelligence, Inc. after his termination. The Texas Workforce Commission initially denied his claim, interpreting a 1998 rule under the Texas Payday Act. The district court reversed the TWC's decision, deeming the 1998 rule invalid, and awarded Bloch the $95,000. However, the district court dismissed Bloch's claim for attorney's fees due to res judicata, a decision upheld by the Court of Appeals, which noted the Payday Act does not provide for fee-shifting.

Employment agreementSeverance payTexas Payday ActTexas Workforce CommissionWage claimJudicial reviewStatutory constructionAdministrative rulesRes judicataBreach of contract
References
29
Case No. 03-21-00294-CV
Regular Panel Decision
Jun 30, 2022

Texas Telephone Association and Texas Statewide Telephone Cooperative, Inc., and Their Participating Members Windstream Services, LLC Texas Windstream, LLC (d/B/A Windstream Communications) Windstream Communications Kerrville, LLC (d/B/A Windstream Communications) Valor Telecommunications of Texas, LLC (d/B/A Windstream Communications Southwest) Windstream Sugar Land LLC v. Public Utility Commission of Texas Peter Lake, Chairman Will McAdams, Commissioner Lori Cobos, Commissioner And Jimmy Glotfelty, Commissioner, Each in His or Her Official Capacity at the Public Utility Commission of Texas

This case involves a dispute over the Texas Universal Service Fund (TUSF), established to ensure affordable telecommunications services statewide. Rural telecommunication service providers (Rural Providers) sued the Public Utility Commission of Texas (PUC) and its Commissioners when the PUC stopped paying full TUSF support amounts. The Rural Providers alleged ultra vires acts by the Commissioners for underfunding TUSF and creating a payment hierarchy, and violations of the APA for implementing these changes without proper rulemaking. The Court of Appeals reversed the trial court's dismissal, finding the Commissioners acted ultra vires and violated APA rulemaking procedures. The decision affirmed in part, reversed and rendered in part, and remanded in part for damages on a regulatory takings claim.

Texas Universal Service FundTelecommunications RegulationPublic Utility CommissionRural TelecommunicationsRegulatory TakingsUltra Vires ActAdministrative Procedure ActRulemaking ViolationDeclaratory JudgmentMandamus Relief
References
76
Case No. MISSING
Regular Panel Decision
Sep 12, 2007

In Re Adelphia Communications Corp.

The case concerns Debtor Adelphia Communications Corp.'s objection to a $44.7 million claim by Lucent Technologies, Inc. Lucent sought to hold Adelphia liable for debts of Devon Mobile Communications, L.P. under Delaware's Revised Uniform Limited Partnership Act, specifically Section 17-303, alleging de facto general partnership liability. Adelphia argued Lucent's actual knowledge of its limited partner status should defeat the claim. The Court ruled that Section 17-303(a) prioritizes the limited partner's conduct in determining a third party's reasonable belief, making the third party's actual knowledge of limited partner status irrelevant. Citing material factual disputes regarding Adelphia's conduct, the Court denied Adelphia's motion for summary judgment on Lucent's Section 17-303, alter ego, and other equitable claims, scheduling the Section 17-303 claim for the first stage of trial.

Limited Partnership LiabilitySummary Judgment MotionDelaware Revised Uniform Limited Partnership ActSection 17-303De Facto General PartnerPartnership ControlVeil PiercingEquitable RemediesBreach of Contract ClaimBankruptcy Proceedings
References
41
Case No. MISSING
Regular Panel Decision

Esparza v. Nolan Wells Communications, Inc.

Thomas Esparza, Jr. appealed a trial court's judgment regarding his usury counterclaim against Nolan Wells Communications, Inc. The central dispute revolved around the applicability of a 'bona fide error' defense under Texas usury law, stemming from an employee's unauthorized charge of interest on Esparza's account. The appellate court clarified that intent to charge usurious interest is immaterial if such interest was, in fact, charged through a unilateral act within implied authority, and that mistakes of law do not fall under the 'accidental and bona fide error' exception. The court found that Nolan Wells Communications, Inc. had charged $93.60 in usurious interest. Consequently, the appellate court modified the trial court's judgment, awarding Esparza a forfeiture of $390.40 and $6,000.00 in attorney's fees as an offset against Nolan Wells' original claim, thus affirming the modified judgment.

Usury LawStatutory InterpretationBona Fide Error DefenseImplied AuthorityDebtor-Creditor RelationsAppellate ProcedureAttorney's FeesTexas Civil StatutesCommercial TransactionsInterest Rates
References
8
Case No. MISSING
Regular Panel Decision

Members for a Democratic Union v. Local 1101, Communications Workers

Plaintiffs, Members for a Democratic Union (MDU) and individual members, sought mandatory injunctive relief to compel defendants, Local 1101, Communications Workers of America, AFL-CIO, and its officers, to publish an advertisement promoting a 'Defense Fund' in the union's newspaper, 'The Generator'. They argued this right under section 101(a)(2) of the Labor-Management Reporting and Disclosure Act. The defendants maintained a policy of not accepting paid advertisements, only publishing free notices for union member benefits, and argued this policy was reasonable and consistently applied. The court distinguished the case from previous rulings, noting that 'The Generator' had not 'opened the forum' to commercial speech or taken a stance on the Defense Fund issue. The court also noted that plaintiffs had other viable communication channels. Ultimately, the court found the defendants' policy to be reasonable and granted their motion for summary judgment, denying the plaintiffs' motion and dismissing the action.

Labor LawUnion DemocracyFreedom of SpeechLabor-Management Reporting and Disclosure ActSummary JudgmentUnion NewspaperAdvertising PolicyInjunctive ReliefFirst AmendmentInternal Union Affairs
References
18
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