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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

Holick v. Cellular Sales of New York, LLC

Plaintiffs, a group of Sales Representatives, initiated an action against defendants Cellular Sales of Knoxville, Inc. and Cellular Sales of New York, L.L.C., alleging violations of the Fair Labor Standards Act (FLSA) and New York State Labor Law. They claimed misclassification as independent contractors, which led to a deprivation of guaranteed compensation, including minimum wage and overtime. Defendants responded with motions to dismiss for lack of subject matter jurisdiction and personal jurisdiction, and alternatively, to compel mediation/arbitration based on clauses in the sales agreements. The Court denied the motion to dismiss for lack of subject matter jurisdiction, affirming its power to adjudicate FLSA claims. However, it granted the defendants' motion to compel arbitration, determining that the mediation clauses were valid, unwaived, and that FLSA claims are arbitrable under federal law, leading to the dismissal of the complaint without prejudice. All other pending motions, including plaintiffs' request for conditional collective action certification, were subsequently denied as moot.

FLSALabor LawMisclassificationIndependent ContractorCollective ActionArbitrationMediationSubject Matter JurisdictionPersonal JurisdictionRule 12(b)(1)
References
28
Case No. 03-99-00265-CV
Regular Panel Decision
Apr 27, 2000

Ford Motor Company Freightliner Truck Corporation Sterling Truck Corporation Metro Ford Truck Sales, Inc. And Daniel H. Foley, Jr./Motor Vehicle Board of the Texas Department of Transportation v. Motor Vehicle Board, Texas Department of Transportation/Metro Ford Truck Sales, Inc. Daniel H. Foley, Jr. Freightliner Truck Corporation Sterling Truck Corporation And Ford Motor Company

This case involves an appeal from a district court judgment concerning an order from the Motor Vehicle Board of the Texas Department of Transportation. The dispute originated from Ford's proposed termination of Metro Ford Truck Sales, Inc.'s franchise due to alleged abuse of Ford's Competitive Price Assistance (CPA) program, where Metro misrepresented customer names to obtain higher discounts. The Board found good cause for termination but imposed a conditional termination remedy requiring the sale of Metro's dealership. The Court of Appeals affirmed the termination for good cause, the refusal to transfer the dealership to Eileen Beard, and the denial of Ford's requested chargeback expenses. However, it reversed and remanded the district court's affirmation of the Board's conditional termination remedy, finding it unlawful.

Franchise TerminationDealer FraudCPA Program AbuseStatutory InterpretationAdministrative LawMotor Vehicle BoardEquitable EstoppelGood Cause TerminationAppellate ReviewJudicial Discretion
References
33
Case No. 03-07-00034-CV
Regular Panel Decision
Aug 31, 2009

Towers of Town Lake Condominium Association, Inc. v. Venus Rouhani

Venus Rouhani, a practicing dentist, sued Towers of Town Lake Condominium Association, Inc. for negligence after she slipped and fell near the indoor swimming pool, sustaining severe injuries including a comminuted fracture and avascular necrosis of her right humerus, which led to the sale of her dental practice. A jury found the Association negligent for maintaining an unreasonably slippery pool deck, painted with enamel without anti-slip additives, and awarded Rouhani substantial damages for her injuries and lost future earning capacity. The Association appealed the judgment, challenging the legal sufficiency of the evidence regarding knowledge of the dangerous condition, proximate cause, and the amount of damages for lost earning capacity, as well as the trial court's refusal to submit an unavoidable accident jury instruction. The Court of Appeals affirmed the trial court's judgment, finding sufficient evidence to support the jury's findings on all challenged points and that the trial court did not abuse its discretion in refusing the instruction.

Premises LiabilityNegligenceSlip and FallPersonal InjuryDamagesFuture Earning CapacityExpert TestimonyAppellate ReviewJury InstructionsUnavoidable Accident
References
27
Case No. 05-15-00837-CV
Regular Panel Decision
Jul 26, 2016

J&M Sales of Texas, LLC v. Anette H. Sams

Anette H. Sams sued J&M Sales of Texas, LLC for negligence after sustaining an injury from a falling shelf in a retail store. Sams secured a default judgment for $45,350.79 against J&M Sales. J&M Sales subsequently moved for a new trial, asserting that their failure to file an answer was not intentional or due to conscious indifference, that they possessed a meritorious defense based on Sams's potential contributory negligence, and that a new trial would not cause undue delay or injury to Sams. The trial court denied this motion. The Court of Appeals reversed the trial court's decision, concluding that J&M Sales had successfully met all three elements of the Craddock standard for granting a new trial, and remanded the case for further proceedings.

Negligence ClaimDefault JudgmentMotion for New TrialAbuse of DiscretionCraddock StandardMeritorious DefenseConscious IndifferenceContributory NegligenceAppellate ReviewTexas Civil Procedure
References
9
Case No. 2023 NY Slip Op 06128 [221 AD3d 981]
Regular Panel Decision
Nov 29, 2023

Hossain v. Condominium Bd. of Grand Professional Bldg.

The plaintiff, Mohammed Iqbal Hossain, initiated legal action to seek damages for personal injuries reportedly sustained while he was engaged in pointing work on a building facade, alleging his rope scaffold malfunctioned and struck the building. The lawsuit claimed violations of Labor Law §§ 240 (1), (2), and 241 (6) against the Condominium Board of Grand Professional Building and G Buddy, Inc. The Supreme Court had previously granted partial summary judgment to the plaintiff on liability under Labor Law § 240 (1) and (2) and denied the defendants' cross-motion to dismiss claims against G Buddy, Inc. The Appellate Division modified this order, denying summary judgment against G Buddy, Inc. for all specified Labor Law sections, and also denying it against the Condominium Board for Labor Law § 240 (2). However, the court affirmed the summary judgment granted for Labor Law § 240 (1) against the Condominium Board.

Personal InjuryScaffold AccidentLabor Law § 240(1)Labor Law § 240(2)Labor Law § 241(6)Summary JudgmentAppellate ReviewOwner LiabilityContractor LiabilityAgency
References
12
Case No. 2016 NY Slip Op 08937 [145 AD3d 627]
Regular Panel Decision
Dec 29, 2016

Vazquez v. Takara Condominium

Plaintiff Alberto Vazquez sustained injuries during his employment at a construction site owned by Takara Condominium, which had contracted Vazquez's employer, Nations Roof East, LLC, for repair work. Vazquez alleged a slip and fall incident while descending stairs. The Supreme Court, Bronx County, granted summary judgment to both Takara Condominium and Nations Roof East, LLC, dismissing Vazquez's claims for violations of Labor Law §§ 241(6), 200, and common-law negligence, and Takara's third-party action against Nations. On appeal, the Appellate Division, First Department, unanimously affirmed this decision. The court found Vazquez's affidavit to be inconsistent with his deposition testimony and determined that plaintiffs failed to demonstrate a violation of 12 NYCRR 23-1.7(d) or that the defendants had created or had notice of a dangerous condition. Additionally, the court concluded that no negligent acts or omissions by Nations Roof East, LLC were established.

Construction site injurySummary judgmentLabor Law claimsSlip and fallAppellate reviewAffirmed decisionNegligenceIndustrial Code violationProximate causeDeposition testimony
References
3
Case No. 2021 NY Slip Op 00249
Regular Panel Decision
Jan 19, 2021

Board of Mgrs. of Carriage House Condominium v. Healy

The plaintiff, Board of Managers of Carriage House Condominium, initiated an action against defendants Valeria Calafiore Healy et al. to secure access to their condominium unit for necessary repairs to AC condensers that serve other units. The Supreme Court, New York County, granted the plaintiff's motion for a preliminary injunction, directing the defendants to permit HVAC workers, accompanied by a managing agent, into their unit for repairs upon one day's notice. On appeal, the Appellate Division, First Department, unanimously affirmed the Supreme Court's order, finding no abuse of discretion in its decision to grant the injunction. The court also mandated the plaintiff to post a $1000 bond and denied motions to enlarge the record and for sanctions.

Condominium LawPreliminary InjunctionAccess RightsHVAC RepairsAppellate ReviewAbuse of DiscretionProperty AccessUnit MaintenanceBuilding ManagementReal Estate Law
References
4
Case No. MISSING
Regular Panel Decision

MacHinery Sales Co. v. Diamondcut Forestry Products, LLC

Machinery Sales Co., Inc. filed an action for rescission of a contract to purchase a chip mill, alleging fraudulent misrepresentation by Diamondcut Forestry Products, LLC, Columbia Trading, Inc., and Champion International Corporation regarding the mill's value and included items. Following a bench trial, the court found no fraud and entered judgment for the defendants. Machinery Sales appealed, presenting issues concerning fraudulent inducement, agency imputation, entitlement to rescission, and damages. The appellate court affirmed the trial court's judgment, concluding that the evidence did not preponderate against the finding that defendants did not fraudulently induce the contract.

Rescission of ContractFraudulent MisrepresentationChip Mill SaleContract DisputeBench TrialAppellate ReviewAffirmed JudgmentTennessee LawReal Estate AppraisalAgency Law
References
10
Case No. MISSING
Regular Panel Decision

Board of Managers of the Mason Fisk Condominium v. 72 Berry Street, LLC

This case concerns a lawsuit brought by the Residential Board of Managers of the Mason Fisk Condominium against sponsor defendants, including 72 Berry Street, LLC, Meshberg Martin, LLC, and others. The Board alleged structural defects in condominium units and the sponsor's failure to secure a tax exemption, filing claims under the Interstate Land Sales Full Disclosure Act (ILSA) and state law. The defendants filed a motion to dismiss, arguing the Board lacked standing. The court granted the motion, ruling that the Board did not satisfy the requirements for associational standing due to the necessity of individual purchaser participation to determine liability and damages. Furthermore, the court found no valid assignee standing for the ILSA fraud claims. Consequently, all federal claims were dismissed for lack of subject matter jurisdiction, and the state law claims were dismissed without prejudice.

Interstate Land Sales Full Disclosure ActCondominium DisputesLack of StandingAssociational StandingAssignee StandingMotion to DismissFederal JurisdictionReal Property LitigationContract EnforcementFraud Allegations
References
37
Case No. 2015-06-0332
Regular Panel Decision
Dec 11, 2015

Jones, Cedric v. Crencor Leasing & Sales

The employee, Cedric Jones, sustained a left shoulder injury at work when a ladder fell. His employer, Crencor Leasing and Sales, provided medical benefits but contested temporary disability payments, asserting Jones was terminated for cause. Jones claimed his dismissal was a pretext for absences related to his injury and that suitable light-duty work was not provided. The trial court upheld the termination for cause but found the employer could not accommodate Jones's medical restrictions, leading to an award of temporary disability. On appeal, the Appeals Board affirmed the termination for cause finding, but reversed the determination that the employer could not provide accommodations, remanding the case for further proceedings.

Workers' CompensationTermination for CauseTemporary Disability BenefitsWork RestrictionsPretextAccommodationsShoulder InjuryMedical TreatmentEmployee MisconductTimecard Fraud
References
5
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