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Case No. 2022 NY Slip Op 07309 [211 AD3d 621]
Regular Panel Decision
Dec 22, 2022

Matter of Runway Towing Corp., Inc. v. New York City Dept. of Consumer & Worker Protection

The Appellate Division, First Department, reversed a Supreme Court order that had vacated a determination by the New York City Department of Consumer and Worker Protection (DCPW). Runway Towing Corp. Inc. had challenged DCPW's denial of its tow truck license renewal due to repeated overcharges for towing and storage fees under various programs. The Appellate Division found DCPW's determination rational and its penalty of license renewal denial proportionate to Runway's numerous violations over a two-year period. The court also dismissed Runway's claims that 6 RCNY 6-36 limited penalties to monetary fines and its due process arguments regarding license renewal.

Tow Truck LicenseExcessive Towing FeesLicense Renewal DenialAdministrative Code ViolationsProportionality of PenaltyDue Process RightsArticle 78 ProceedingAppellate ReviewConsumer ProtectionWorker Protection
References
4
Case No. 2022 NY Slip Op 02942 [205 AD3d 410]
Regular Panel Decision
May 03, 2022

Matter of Casino Towing Serv., Inc. v. New York City Dept. of Consumer & Worker Protection

The Appellate Division, First Department, affirmed a Supreme Court judgment that denied a petition by Casino Towing Service, Inc. to annul a determination by the New York City Department of Consumer and Worker Protection (DCWP). DCWP had suspended Casino Towing's tow truck license for three months due to violations of insurance coverage rules, specifically for modifying its policy to reduce coverage below mandated amounts and failing to report the change within 10 days. The Appellate Division found DCWP's determination to be rationally supported by the record and not arbitrary and capricious. The court further held that Casino Towing did not have a constitutional due process right to a hearing, as there is no property interest in the renewal of an expired license and adequate notice and opportunity for written submissions were provided. The penalty was also deemed not to shock the conscience.

Tow Truck License SuspensionInsurance Coverage ViolationsAdministrative Code ViolationsDue Process RightsLicense RenewalAppellate ReviewArbitrary and CapriciousPenalty Shock the ConscienceCPLR Article 78DCWP Determination
References
10
Case No. 03-18-00364-CV
Regular Panel Decision
Apr 30, 2020

Low Income Consumers, Mary Wilson and Hipolita Lutz v. Public Utility Commission of Texas

This case involves a direct appeal challenging amendments to Rules 25.478 and 25.480 adopted by the Public Utility Commission (PUC) of Texas. The appellants, "Low Income Consumers," Mary Wilson, and Hipolita Lutz, along with the intervenor City of Houston, argued that the PUC failed to comply with the rulemaking provisions of the Administrative Procedure Act (APA) and misconstrued relevant statutes. They specifically contested the repeal of the split-deposit provision in former Rule 25.478(e)(3) and amendments to Rule 25.480 concerning late fees and deferred payment plans, asserting these were essential customer protections rather than benefits tied to the expired System Benefit Fund (SBF). The Court of Appeals affirmed the Commission’s order, concluding that the Commission acted within its statutory authority and adhered to the APA's notice and reasoned justification requirements. The court found that the contested provisions were not mandated protections under other sections of the Public Utility Regulatory Act (PURA).

Public Utility CommissionAdministrative Procedure Act (APA)System Benefit Fund (SBF)RulemakingCustomer ProtectionsLow-income customersSplit-deposit provisionDeferred payment plansLate-fee waiverStatutory interpretation
References
22
Case No. MISSING
Regular Panel Decision
Nov 10, 2008

SD Protection, Inc. v. Del Rio

Plaintiff SD Protection, Inc. brought a breach of contract action against defendant Edward Del Rio. Over two years, SD Protection repeatedly failed to comply with discovery orders, including monetary sanctions totaling $1,000 imposed by Magistrate Judge Robert M. Levy. Despite multiple opportunities and warnings, SD Protection refused to pay the fines or comply with the court's directives. District Judge Mauskopf ultimately held SD Protection in civil contempt for its obstructionist behavior and non-compliance. The court ordered the dismissal of SD Protection's claims and will award Del Rio reasonable attorney's fees and costs incurred due to the plaintiff's contempt, while declining to impose civil arrest due to jurisdictional limitations on serving such an order.

Civil ContemptDiscovery SanctionsBreach of ContractNon-complianceCourt OrdersMonetary FinesDismissal of ComplaintCompensatory RemedyJurisdictional LimitsFederal Rules of Civil Procedure
References
14
Case No. 09-24-00064-CV
Regular Panel Decision
Feb 12, 2026

Universal Protection Service, LP D/B/A Allied Universal Security and Universal Protection Service GP, Inc. v. the Woodlands Mall Associates, LLC

Universal Protection Services, LP d/b/a Allied Universal Security (Allied) and The Woodlands Mall Associates, LLC (TWM) were parties to a Security Agreement. A patron, Penny Prater, sued both Allied and TWM, along with other entities, for negligence after a robbery in the mall parking lot, alleging failures in security services and training. Allied and TWM filed competing motions for summary judgment regarding Allied's contractual duty to defend TWM, which Allied had refused. The trial court granted summary judgment for TWM, finding that Allied had a duty to defend TWM based on the Agreement's terms and Illinois law. Allied appealed this decision, arguing the contract's indemnification provision did not require it to defend TWM for TWM's own alleged negligence. The Court of Appeals affirmed the trial court's judgment, holding that the contractual provision clearly required Allied to defend TWM when the alleged acts of negligence or failures resulted from its provision of security services.

Contract InterpretationDuty to DefendIndemnification AgreementSecurity ServicesNegligence ClaimsSummary JudgmentAppellate ReviewIllinois Contract LawTexas Civil ProcedureBreach of Contract
References
21
Case No. MISSING
Regular Panel Decision

Woods v. Littleton

Jackie and Cheryl Woods sued B. L. Littleton and Joe S. Thomson, doing business as Superior Construction Company, for defective sewer systems and faulty repairs, alleging violations of the Deceptive Trade Practices-Consumer Protection Act. The trial court found the Act applicable and actions deceptive but declined to treble damages. The court of civil appeals reversed and remanded, questioning the Act's applicability. This court affirmed the remand, ruling that the Act applies to deceptive practices occurring after its effective date (May 21, 1973), even if the initial sale was earlier, and that treble damages are mandatory once liability is established. The case was remanded for a retrial to determine actual damages solely attributable to post-effective date deceptive practices, which must then be trebled.

Deceptive Trade Practices ActConsumer ProtectionMandatory Treble DamagesStatutory InterpretationRemand for RetrialSewer System DefectsFaulty Repair ServiceReal Estate TransactionPost-Effective Date ApplicabilityMental Anguish Damages
References
18
Case No. 03-22-00071-CV
Regular Panel Decision
Oct 13, 2023

Jonathan Timothy Noyes v. the State of Texas for the Protection of Samantha Jo Voges

Jonathan Timothy Noyes appeals a lifetime protective order issued against him for the protection of his ex-girlfriend, Samantha Jo Voges. Noyes challenged the order on five grounds, asserting the district court failed to make required fact findings, that the evidence was insufficient, that his communication was constitutionally protected speech, that the underlying harassment statute was unconstitutionally vague, and that the court abused its discretion by excluding evidence. The State filed an application for a protective order after Voges reported thousands of threatening text messages, calls from blocked and spoofed numbers, and social media harassment from Noyes following their breakup. Voges testified about Noyes's controlling behavior, physical altercations, and fear for her safety due to threats to ruin her life, disclose private information, and access her accounts. A detective's investigation confirmed Noyes sent over 1,500 messages, used multiple numbers and emails, installed a tracking device on Voges's car, and attempted to access her bank account, leading to his arrest for stalking. The appellate court affirmed the district court's finding that there were reasonable grounds to believe Voges was a victim of stalking, thus upholding the protective order.

StalkingProtective OrderHarassmentElectronic CommunicationDomestic ViolenceAppellate ReviewEvidence SufficiencyFirst AmendmentDue ProcessFirearm Prohibition
References
19
Case No. 03-22-00126-CV
Regular Panel Decision
Mar 29, 2024

Greg Abbott in His Official Capacity as Governor of the State of Texas, Stephanie Muth in Her Official Capacity of Commissioner of the Department of Family and Protective Services, and the Texas Department of Family and Protective Services v. Jane Doe, Individually and as Parent and Next Friend of Mary Doe, a Minor John Doe, Individually and as Parent and Next Friend of Mary Doe, a Minor And Dr. Megan Mooney

This case involves an appeal concerning a temporary injunction against the State of Texas for issuing a directive that classifies gender-affirming medical care for minors as child abuse. Appellees, including parents of a transgender adolescent and a psychologist, sued to enjoin the State from initiating child abuse investigations based on this directive. The trial court denied the State's plea to the jurisdiction and granted a temporary injunction. The Court of Appeals affirmed the denial of jurisdiction and the injunction against the Department of Family and Protective Services and its Commissioner, concluding that the directive constituted an invalid rule under the APA and caused irreparable harm. However, it reversed the denial of jurisdiction and dismissed claims against the Governor, stating he lacked authority to control investigatory decisions.

Gender-affirming careChild abuse policyTemporary injunctionAdministrative Procedure ActUltra viresParental rightsEqual protectionDue processState government authorityJudicial review
References
62
Case No. 03-02-00246-CV
Regular Panel Decision
Aug 26, 2004

Reliant Energy, Incorporated Office of Public Utility Counsel And Gulf Coast Coalition of Cities/Magic Valley Electric Cooperative, Inc. Medina Electric Cooperative, Inc. Rayburn Country Electric Cooperative, Inc. And City of Bryan v. Public Utility Commission of Texas Consumer Owned Power Systems City of Houston Texas Industrial Energy Consumers State of Texas And Constellation NewEnergy, Inc./Public Utility Commission of Texas And Reliant Energy, Incorporated

This case concerns appeals from a district court's judgment affirming a Public Utility Commission (PUC) final order that set cost-of-service rates for Reliant Energy, Inc.'s transmission and distribution utility (TDU). Appellants, including Reliant Energy, Office of Public Utility Counsel, and various consumer groups, challenged the PUC's decisions on rate base calculations, return on equity, and operational expenses. The district court had largely affirmed the PUC's order, finding only one aspect to be a prohibited advisory opinion. The Court of Appeals, Third District, At Austin, reversed the district court's judgment regarding the inclusion of $107.3 million for the interconnection of Merchant Plant 4, citing a lack of substantial evidence. In all other respects, the Court of Appeals affirmed the district court's judgment and remanded the Merchant Plant 4 issue to the Commission for further proceedings.

Utility RegulationElectricity RatesPublic Utility CommissionCost-of-ServiceRate BaseReturn on EquityConsolidated Tax SavingsTransmission and Distribution UtilityAppellate ReviewAdministrative Law
References
38
Case No. 03-11-00352-CV
Regular Panel Decision
Aug 31, 2012

Brian Hunt v. State of Texas for the Protection of K. C.

Brian Hunt appealed a family-violence protective order issued against him, challenging the trial court's failure to reschedule a hearing, denial of his right to confront his accuser, finding of a familial relationship with K. C., and the basis of the protective order on alleged false statements. The appellate court affirmed the trial court's decision, determining that Hunt waived his procedural rights by not attending the hearing. The court further found that K. C.'s uncontroverted testimony provided legally sufficient evidence to establish dating violence, which constitutes family violence under Texas law, thus supporting the protective order. Hunt's claims of false allegations lacked evidentiary support in the record and were therefore overruled.

Family ViolenceProtective OrderDue ProcessRight to ConfrontationDating ViolenceSufficiency of EvidenceDefault JudgmentAppellate ProcedureTravis CountyPro Se Litigation
References
9
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