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

Case No. 02-22-00072-CV
Regular Panel Decision
Jul 27, 2023

BioTE Medical, LLC v. John Carrozzella, MD, JCMD Medical Services, Inc., Dan Deneui, and Terri Deneui

This case addresses whether a contractual "residual benefit" clause, requiring a post-termination fee for using a competing treatment method, constitutes a covenant not to compete under Texas law. Appellant BioTE Medical, LLC, licensed a pellet-based bioidentical hormone replacement therapy (BHRT) method. Appellee JCMD Medical Services, Inc., a former customer, terminated its agreement and began using a competitor's BHRT without paying the residual-benefit fee. BioTE Medical sued JCMD for breach of contract. The trial court granted summary judgment to JCMD, finding the clause unenforceable either as a noncompete or a violation of public policy. The appellate court reversed, holding that the residual-benefit clause is not a covenant not to compete as it does not restrict JCMD from competing with BioTE Medical, but rather from using a competitor's product. The court also declined to invalidate the clause on uncodified public policy grounds, deferring to the Legislature's policy determinations.

Contract lawCovenants Not to Compete ActResidual benefit clausePublic policyBioidentical hormone replacement therapy (BHRT)Breach of contractSummary judgmentAppellate reviewTexas lawBusiness and Commerce Code
References
33
Case No. MISSING
Regular Panel Decision

People v. Tasker

The defendant appealed a judgment from the County Court of Broome County following a plea of guilty to sodomy in the first and second degrees. The appeal challenged the denial of a motion to suppress his confession and evidence, arguing an illegal arrest. Defendant also contested the determination of his competency to stand trial and the competency of the young victims to testify. The Appellate Division affirmed the judgment, finding that the defendant voluntarily accompanied the police, waived his constitutional rights, and consented to questioning. The court also found sufficient support for the lower court's determinations regarding the defendant's and victims' competencies.

sodomychild sexual abuseconfession suppressionillegal arrestcompetency to stand trialvictim competencyappellate reviewcriminal appealplea of guiltyBroome County
References
6
Case No. MISSING
Regular Panel Decision

People v. Mack

The defendant appealed the County Court's denial of his motion to withdraw his guilty plea to felony murder and first-degree robbery. The initial appeal led to a remittal, vacating earlier competency findings and the denial of plea withdrawal due to a Sixth Amendment violation. Upon remittal, after further examination and an evidentiary hearing, the County Court again found the defendant competent at the time of his 2003 plea and denied his motion to withdraw it, as well as claims of ineffective assistance of counsel. The current appellate court affirmed the County Court's decision, finding that the record supported the conclusion that the defendant was competent and his plea was voluntary, knowing, and intelligent, and that counsel provided meaningful representation.

Felony MurderRobbery First DegreeGuilty Plea WithdrawalCompetency to Stand TrialIneffective Assistance of CounselAppellate ReviewSixth AmendmentMental Health EvaluationSchizo-affective DisorderPlea Colloquy
References
12
Case No. M2010-00175-CCA-R3-CD
Regular Panel Decision
Jan 11, 2011

State of Tennessee v. Jeffery D. Lemay

The defendant, Jeffery D. Lemay, appealed his guilty plea to one count of rape of a child, challenging the trial court’s finding of competency to stand trial. Lemay, diagnosed with mild mental retardation, underwent competency evaluations by Doctor Donna Moore, who initially recommended training but later deemed it futile, and Doctor Kimberly Brown, who noted malingering. The trial court ultimately found Lemay competent, citing his work history and discrediting some expert interpretations. The Court of Criminal Appeals of Tennessee dismissed the appeal, concluding that the defendant failed to properly certify a dispositive question of law according to Tennessee Rule of Criminal Procedure 37(b)(2)(A), thus lacking jurisdiction to review the issue.

Criminal ProcedureCompetency to Stand TrialMental RetardationAppeal DismissedCertified Question of LawGuilty PleaRape of a ChildAppellate JurisdictionMalingeringForensic Evaluation
References
7
Case No. MISSING
Regular Panel Decision

People v. Weech

The case involves an appeal from a defendant's murder conviction where the case was remitted to Trial Term to reconstruct the defendant's competency to stand trial. Two psychiatrists, Dr. Wellington Reynolds and Dr. Odysseus Adamides, assessed the defendant's competency based on various reports and observations. Dr. Reynolds had examined the defendant prior to trial. The defendant challenged Dr. Reynolds' credentials, asserting he was not a "qualified psychiatrist" under CPL 730.10(5)(a). The court previously remitted the case for a reconstruction proceeding. This current decision remits the matter once more for an adversary inquiry into the defendant's competency, clarifying that Dr. Reynolds' testimony, even if not from a "qualified psychiatrist," is admissible, and other professionals like the social worker, nurse, defense counsel, and Trial Judge could also testify.

Competency to Stand TrialReconstruction ProceedingPsychiatric EvaluationCriminal Procedure LawAdmissibility of Expert TestimonyAppellate ReviewDue ProcessMental Health ServicesDefendant's RightsMurder Second Degree
References
7
Case No. 01-15-00174-CV
Regular Panel Decision
Aug 30, 2016

Tim Wooters v. Unitech International, Inc.

This appellate case addresses whether sufficient evidence supported a finding that a non-employee, Tim Wooters, conspired to aid an employee’s breach of fiduciary duty. Unitech International, Inc. sued former employees Chris Kutach and Jason Pennington for stealing trade secrets and planning a competing company, Infinity Subsea, and also sued Wooters for conspiracy. While the jury found Wooters conspired to breach fiduciary duties, it acquitted him of theft or conversion. The appellate court distinguished between lawful preparation to compete and unlawful conduct, finding no evidence that Wooters knowingly participated in an unlawful breach beyond mere plans to compete. Consequently, the court reversed the judgment against Wooters, ruling that Unitech take nothing from him, but affirmed the judgment in all other respects.

ConspiracyFiduciary DutyEmployee MisconductTrade SecretsCompetitionAt-will EmploymentAppellate ReviewLegal SufficiencyTexas LawDamages
References
27
Case No. MISSING
Regular Panel Decision

Lewis v. Zon

Thomas Lewis, convicted of second-degree robbery, petitioned for a writ of habeas corpus, challenging the state trial court's ad hoc competency procedure. The trial court heavily relied on a social worker's report, commissioned after the competency hearing, without affording Lewis an opportunity to contest it or cross-examine the social worker. This District Court found that this procedure violated Lewis's Due Process rights, as it constituted an unreasonable application of clearly established federal law requiring a reasonable opportunity to demonstrate incompetence. Given the impossibility of conducting a meaningful retrospective competency hearing due to the lapse of time and limitations of the original record, the court granted the habeas corpus petition. Lewis is to be discharged unless the State elects to retry him within 90 days.

habeas corpusdue processcompetency hearingpsychiatric examinationSixth AmendmentConfrontation Clausestate proceduresfederal lawcriminal prosecutionsecond-degree robbery
References
40
Case No. MISSING
Regular Panel Decision

OTG Management, LLC v. Konstantinidis

OTG Management, LLC, a provider of airport food and beverage services, sought a preliminary injunction against its former operations manager, Aris Konstantinidis, and competitor SSP America, Inc. OTG alleged Konstantinidis breached non-compete, non-solicitation, and non-disclosure agreements by joining SSP. The court, presided by Shirley Werner Kornreich, J., partially granted the injunction. It found the non-compete clause unenforceable, citing Konstantinidis's non-unique services and the arbitrable nature of trade secret claims. However, the non-recruitment clause was deemed reasonable and enforceable, prohibiting Konstantinidis from soliciting OTG employees until April 18, 2015. The court denied the non-compete injunction and stayed the tortious interference claim against SSP, pending arbitration between OTG and Konstantinidis.

Preliminary InjunctionNon-Compete ClauseNon-Solicitation ClauseTrade SecretsRestrictive CovenantsBreach of ContractTortious InterferenceArbitrationEmployment AgreementAirport Services
References
10
Case No. MISSING
Regular Panel Decision

COLUMBUS MEDICAL SERVICES, LLC v. Thomas

Plaintiff Columbus Medical Services, LLC, a staffing agency, sued former employee therapists and competitor Liberty Healthcare Corporation for breach of non-compete covenants and tortious inducement to breach, respectively. Columbus had an exclusive contract to staff therapists at Arlington Developmental Center, which Liberty later won. The therapists, who had non-compete clauses, were hired by Liberty, leading to the lawsuit. The trial court initially found the non-compete covenants enforceable and Liberty liable for inducement, awarding damages. However, the appellate court reversed, concluding that despite Columbus having a legitimate business interest in preventing 'opportunistic disintermediation,' the covenants were unenforceable due to the severe economic hardship on the therapists and the adverse impact on the public interest, particularly the continuity of care for vulnerable patients at Arlington and the State's investment in their specialized training.

Non-compete covenantTortious inducementEmployment agreementStaffing agencyRestrictive covenantContinuity of carePublic interestEconomic hardshipOpportunistic disintermediationTherapists
References
18
Case No. MISSING
Regular Panel Decision
May 29, 2003

Cardinal Health Staffing Network, Inc. v. Bowen

Cardinal Health Staffing Network, Inc. (Cardinal) appealed the denial of a temporary injunction sought to enforce a non-competition covenant and prevent unfair competition by its former employee, Jay Bowen. Bowen, a former scheduler, joined a competing firm, CompleteRx, after leaving Cardinal, prompting Cardinal's lawsuit alleging breach of covenants and misappropriation of trade secrets. The trial court denied the injunction without stating reasons, leading Cardinal to argue error based on irreparable injury or the inapplicability of such a requirement under the Covenants Not to Compete Act or the 'inevitable disclosure' doctrine. The appellate court affirmed the trial court's decision, holding that Cardinal failed to prove irreparable injury and clarifying that the Covenants Not to Compete Act governs final remedies, not preliminary relief, thus requiring proof of irreparable injury for a temporary injunction. The court also declined to adopt or apply the 'inevitable disclosure' doctrine under the circumstances.

Non-competition CovenantTemporary InjunctionTrade SecretsUnfair CompetitionIrreparable InjuryAdequate Legal RemedyCovenants Not to Compete ActInevitable Disclosure DoctrineEmployment AgreementBreach of Contract
References
97
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