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

Case No. 13-0096
Regular Panel Decision
Aug 22, 2014

Tenet Hospitals Limited, a Texas Limited Partnership D/B/A Providence Memorial Hospital, and Michael D. Compton, M.D. v. Elizabeth Rivera, as Next Friend for M.R.

This case concerns a challenge to the constitutionality of the Medical Liability Act's ten-year statute of repose. Petitioners, Tenet Hospitals Limited and Michael D. Compton, M.D., sought summary judgment arguing the statute barred a medical negligence claim filed by Elizabeth Rivera on behalf of M.R. The alleged negligence occurred in 1996, and the suit was filed in 2011, five years after the 2003 repose statute's 2006 deadline. The trial court granted summary judgment, but the court of appeals reversed, finding the statute unconstitutional as applied to M.R. The Supreme Court of Texas reversed the court of appeals' judgment, holding that Rivera, acting as M.R.'s next friend, failed to demonstrate due diligence in filing the claim within the three-year grace period afforded by the statute. The Court also found the retroactivity challenge failed due to the compelling public interest in the Medical Liability Act and the sufficient grace period provided. Consequently, the Supreme Court rendered judgment that the plaintiff take nothing.

Medical MalpracticeStatute of ReposeOpen Courts ProvisionRetroactivityDue DiligenceMinor's ClaimConstitutional LawSummary JudgmentTexas Supreme CourtHealthcare Liability
References
26
Case No. MISSING
Regular Panel Decision

Crosby v. State

This case involves an appeal from a declaratory judgment action challenging the constitutionality of section 24 of the Workers’ Compensation Law. The plaintiff argued that the statute, which limits attorney fees in workers' compensation cases, violated her rights to privacy, freedom to contract, and equal protection. The Supreme Court at Special Term granted summary judgment to the defendant, the Workers’ Compensation Board, dismissing the complaint. On appeal, the court affirmed the constitutionality of section 24, finding no violation of the plaintiff’s rights. The court reasoned that the right to privacy does not extend to attorney contracts, the freedom to contract is subject to reasonable police power limitations, and the fee limitations serve a rational legislative purpose of protecting claimants, thus satisfying equal protection requirements.

Workers' Compensation LawAttorney FeesConstitutional LawRight to PrivacyFreedom to ContractEqual ProtectionSummary JudgmentAppealPolice PowerDeclaratory Judgment
References
6
Case No. MISSING
Regular Panel Decision

Weiner v. Wasson

Justice Owen dissents from the majority's decision, which he believes incorrectly applies the 'open courts' provision of the Texas Constitution to invalidate Section 10.01 of the Medical Liability and Insurance Improvement Act. This statute requires medical malpractice suits on behalf of minors aged twelve or older to be filed within specific time limits, even by a parent or legal guardian. Owen argues that this requirement is a reasonable substitute for a minor's right to sue, especially when the minor and parent are aware of the injury. He further asserts that the Legislature's stated goals for the statute, addressing a medical malpractice crisis and ensuring healthcare availability, constitute a valid exercise of police power. The dissent urges a more restrained interpretation of precedent and advocates for upholding the statute in this case, where the minor and his mother had knowledge of the claim and sought legal counsel within the limitations period.

Medical MalpracticeStatute of LimitationsMinors' RightsOpen Courts ProvisionTexas ConstitutionLegislative PowerJudicial ReviewParental ResponsibilityLegal DisabilityConstitutional Law
References
47
Case No. 14-02-00860-CV
Regular Panel Decision
Feb 23, 2006

Lennar Corporation, Lennar Homes of Texas Land and Construction, Limited, and Lennar Homes of Texas Sales and Marketing, Limited, D/B/A Village Builders v. Great American Insurance Company, American Dynasty Surplus Lines Insurance Company, Markel American Insurance Company Gerling America Insurance Company, RLI Insurance Company, Insurance Company of the State of Pennsylvania and Westchester Fire Ins Company

This case concerns an insurance coverage dispute between homebuilder Lennar Corporation and its CGL insurance carriers over damages caused by defective stucco (EIFS) applied to homes. The court analyzed whether negligently defective construction constitutes an "occurrence" and distinguished between covered costs (repairing actual water damage) and non-covered costs (preventative EIFS replacement, overhead). While affirming summary judgment for several insurers due to unmet self-insured retentions based on individual homes as separate occurrences, the court reversed for American Dynasty and Markel, citing unresolved factual issues regarding "known loss" and policy conditions. Lennar's extra-contractual claims against American Dynasty were ultimately denied for lack of proven damages or statutory violations.

Insurance Policy InterpretationConstruction DefectsCommercial Liability InsuranceProperty Damage ClaimsStucco DefectsDuty to IndemnifySelf-Insured RetentionsKnown Loss PrincipleSubcontractor LiabilityTexas Law
References
96
Case No. W2005-01508-COA-R3-CV
Regular Panel Decision
Nov 22, 2005

Walter Bailey v. County of Shelby

This appeal from a declaratory judgment action addresses the constitutionality of term limits for Shelby County Commissioners. The court determined that while term limits constitute 'qualifications' under Tennessee Code Annotated § 5-1-210(4), the statute itself is unconstitutional. Article VII, Section 1 of the Tennessee Constitution mandates that the General Assembly, not county charters, has the authority to prescribe qualifications for constitutional officers, which include members of the county legislative body. Consequently, the trial court's judgment granting summary judgment to the County was vacated. The Court of Appeals awarded summary judgment to the Plaintiffs/Appellants and enjoined the enforcement of the term limit provision in the Shelby County Charter.

Term LimitsCounty GovernmentConstitutional DelegationLegislative QualificationsCounty CharterDeclaratory Judgment ActionSummary JudgmentTennessee ConstitutionArticle VIIJudicial Review
References
34
Case No. MISSING
Regular Panel Decision

Dewan v. Blue Man Group Limited Partnership

Plaintiff Brian Dewan, a musician, sued the Blue Man Group entities and individuals, seeking a declaration of co-authorship for musical compositions used in their "Blue Man Group: Tubes" performance and damages for state law claims. Dewan claimed he collaborated with the defendants in composing music for the show and was repeatedly assured of his co-authorship rights and that an agreement would be formalized, but it never materialized. Defendants moved to dismiss, arguing the co-authorship claim under the Copyright Act was time-barred. The court found that Dewan's equitable estoppel argument was unreasonable after late 1993 or 1994, as he had sufficient notice that a lawsuit was necessary. Consequently, the court dismissed the federal co-authorship claim due to the expiration of the statute of limitations and declined to exercise supplemental jurisdiction over the remaining state law claims.

Copyright ActCo-authorshipStatute of LimitationsEquitable EstoppelMotion to DismissFederal JurisdictionState Law ClaimsMusical CompositionsCollaborationDeclaratory Judgment
References
11
Case No. MISSING
Regular Panel Decision

Roman Catholic Diocese v. New York State Workers' Compensation Board

Plaintiff, a self-insured employer, sought reimbursement from the Special Disability Fund for payments made to claimants prior to 1994. The requests were denied as untimely under 2007 amendments to Workers’ Compensation Law § 15 (8), which established new filing deadlines. Plaintiff challenged the constitutionality of these time limitations, asserting claims of actual and constructive trust, conversion, and unjust enrichment. The Supreme Court dismissed the complaint, and the Appellate Division affirmed, holding that plaintiff had no constitutionally protected property interest in the Fund and that due process was satisfied by the legislative enactment and its grace period.

Workers' CompensationSpecial Disability FundReimbursement ClaimsConstitutional ChallengeDue ProcessProperty RightsLegislative AmendmentsStatute of LimitationsSelf-Insured EmployerAppellate Review
References
15
Case No. MISSING
Regular Panel Decision

In Re Complaint of Wepfer Marine, Inc. for Exoneration From or Limitation of Liability

Wepfer Marine, Inc. filed a petition to limit liability after Jose Ramon Gonzalez was injured during barge demolition. Gonzalez and his wife, along with Liberty Mutual, sued Wepfer in state court, leading Wepfer to seek federal limitation of liability. Claimants moved to dismiss the federal action, citing lack of admiralty jurisdiction due to the barge's 'dead ship' status and untimeliness of Wepfer's petition. The court granted dismissal for the main barge, ET-715, ruling it was a 'dead ship' withdrawn from navigation. However, it denied dismissal concerning the crane barge, finding potential causation through a broken crane cable, thereby retaining jurisdiction for that aspect. The court also found Wepfer's petition timely, as prior correspondence from claimants did not constitute sufficient written notice to trigger the statutory six-month filing period.

Admiralty LawMaritime LawLimitation of Liability ActVessel StatusDead Ship DoctrineAdmiralty JurisdictionSubject Matter JurisdictionRule 12(b)(1)TimelinessWritten Notice of Claim
References
37
Case No. MISSING
Regular Panel Decision

United States v. Perez

This Order addresses challenges by six defendants to the constitutionality of the Sentencing Reform Act of 1984 and the Sentencing Guidelines. District Judge Nowlin found that the Act violates the separation of powers doctrine and Article I, Section 7 of the U.S. Constitution, particularly concerning the composition and authority of the Sentencing Commission and the lack of presidential presentment for the Guidelines. The Court further ruled that the Sentencing Guidelines infringe upon defendants' due process rights by unduly restricting judicial discretion in sentencing and limiting the consideration of individual circumstances. While concluding the unconstitutional provisions could be severed, the Court directed that, pending appellate review, sentences for offenses committed after November 1, 1987, should be determined as if committed before that date, accounting for the absence of parole.

Sentencing Reform ActSentencing GuidelinesConstitutional LawSeparation of PowersArticle IDue ProcessJudicial DiscretionFederal Criminal JusticeJudicial IndependencePresentment Clause
References
42
Case No. 2024 NY Slip Op 02624 [227 AD3d 1516]
Regular Panel Decision
May 10, 2024

Viglietta v. Asbestos Corp. Ltd.

This case concerns an appeal by Hedman Resources Limited against a judgment awarding damages to Terri Viglietta for injuries sustained by Benedict Viglietta due to asbestos exposure. The appeal contested the Supreme Court's decision to quash a subpoena served on Occidental Chemical Corporation (OCC), the decedent's employer's predecessor-in-interest. Hedman sought OCC's testimony regarding asbestos exposure but the subpoena was quashed as OCC was a non-party and Hedman could not apportion liability to it. Additionally, Hedman challenged the denial of a jury instruction that OCC's failure to warn employees could be an intervening cause. The Appellate Division affirmed the judgment, concluding that quashing the subpoena was a proper exercise of discretion and that the employer's alleged failure to warn did not constitute an intervening cause to relieve Hedman of negligence.

Asbestos ExposureSubpoenaQuash SubpoenaNonparty WitnessIntervening CauseNegligenceJury InstructionAppellate ReviewDamages AwardDiscovery Matters
References
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