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Case Law Database

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

Case No. MISSING
Regular Panel Decision

LM Business Associates, Inc. v. State

Defendant appealed a Court of Claims judgment that found them liable to claimants for conversion and negligent misrepresentation. The case stemmed from the seizure of claimants' computers during a fraud investigation into affiliated businesses, which resulted in the owner's conviction, though claimants were never charged. The seized computers, vital for claimants' businesses, were returned over two years later. The appellate court reversed the judgment, holding that defendant's seizure and retention of the computers were authorized by a valid search warrant, thus not constituting conversion. It further ruled that no 'privity-like relationship' existed between investigators and claimants to support a negligent misrepresentation claim. Lastly, the court dismissed the constitutional tort claim, noting claimants had adequate alternative remedies in other forums.

ConversionNegligent MisrepresentationSearch WarrantSeizure of PropertyState LiabilityAppellate ReviewConstitutional TortFraud InvestigationWorkers' Compensation LawCourt of Claims
References
22
Case No. MISSING
Regular Panel Decision

In re Currency Conversion Fee Antitrust Litigation

This Memorandum and Order addresses plaintiffs' motion for reconsideration of a prior decision concerning a class action alleging an antitrust price-fixing conspiracy by VISA, MasterCard, and their member banks related to foreign currency conversion fees. The Court denied the plaintiffs' motion for reconsideration, upholding its earlier finding that network defendants did not waive their right to arbitration because compelling arbitration would have been futile under then-existing law. Additionally, the Court denied reconsideration on several other procedural matters, including the creation of subclasses, membership of specific cardholder subclasses, representation of Diners Club and Providian cardholders, and a request for further discovery, citing the untimeliness of new arguments and the plaintiffs' failure to meet the burden of proof for class certification requirements.

Antitrust LitigationClass Action ProcedureArbitration AgreementsWaiver of ArbitrationEquitable EstoppelForeign Currency Conversion FeesReconsideration MotionSherman ActTruth in Lending ActDeceptive Trade Practices
References
43
Case No. MISSING
Regular Panel Decision
Nov 28, 2005

Evans v. P.C.I. Paper Conversions, Inc.

Plaintiff, who was employed by Contemporary Personnel Staffing, Inc. and placed at P.C.I. Paper Conversions, Inc. (PCI), sustained injuries while operating an offset machine. She subsequently initiated a negligence and products liability action against PCI. PCI sought summary judgment, contending that the plaintiff was its special employee, thereby barring the action under Workers’ Compensation Law §§11 and 29. The Supreme Court denied this motion, ruling that there was a triable issue of fact concerning an agreement between Contemporary Personnel Staffing, Inc. and PCI that might have restricted PCI from employing the plaintiff in that capacity. The appellate court affirmed the Supreme Court's decision, finding no error in the lower court's conclusion.

Personal InjuryNegligenceProducts LiabilityWorkers Compensation LawSpecial Employee DoctrineSummary JudgmentAppellate ReviewEmployer LiabilityTriable Issue of FactControl over Work
References
4
Case No. 09-3356
Regular Panel Decision

Placid Oil Co. v. Williams (In re Placid Oil Co.)

This Revised Memorandum Opinion and Order addresses cross-motions for summary judgment in an adversary proceeding initiated by Placid Oil Company, a reorganized debtor from a 1980s Chapter 11 bankruptcy. Placid sought a determination that post-confirmation tort claims, filed by the Williams Defendants (Post-Confirmation Tort Claimants) in Louisiana state court for asbestos exposure, were discharged by Placid's 1988 bankruptcy confirmation order. The claims arose from the death of Mrs. Myra Williams due to mesothelioma, allegedly caused by indirect asbestos exposure from her husband's work clothes while he was employed by Placid at its Black Lake Facility pre-confirmation. Applying the 'pre-petition relationship test,' the bankruptcy court found that Mrs. Williams' exposure constituted a pre-petition 'claim' and that the Post-Confirmation Tort Claimants were 'unknown creditors.' Concluding that constructive notice via newspaper publication was sufficient for these unknown creditors and that appointing a future claims representative was not warranted, the court granted summary judgment in favor of Placid, discharging the tort claims.

Bankruptcy DischargeAsbestos ExposurePost-Confirmation ClaimsUnknown CreditorsDue Process NoticeSummary JudgmentPre-petition Relationship TestMesotheliomaTort LiabilityChapter 11 Reorganization
References
29
Case No. MISSING
Regular Panel Decision
Feb 08, 2006

Auble v. Doyle

Plaintiffs initiated an action alleging breach of contract, conversion, unjust enrichment, and negligent misrepresentation against defendant Patrie Doyle. The dispute arose from health care insurance benefits paid to Doyle's former wife between 1997 and 2002, despite her ineligibility post-divorce in 1984. The Supreme Court's initial order, which granted parts of the plaintiffs' motion and denied Doyle's cross-motion for summary judgment, was appealed. The appellate court modified the order, denying parts of the plaintiffs' motion concerning breach of contract and negligent misrepresentation. It awarded plaintiffs $57.50 for conversion and granted Doyle's cross-motion to dismiss the unjust enrichment and negligent misrepresentation claims against him. The order, as modified, was affirmed.

breach of contractconversionunjust enrichmentnegligent misrepresentationsummary judgmenthealth care benefitsinsurance eligibilitymarital statusappellate reviewcredibility assessment
References
12
Case No. 2007 NY Slip Op 31662(U)
Regular Panel Decision
Jul 26, 2007

J Squared Software, LLC v. Bernette Knitware Corp.

The Supreme Court of New York County issued a judgment on July 26, 2007, affirming a prior order from June 18, 2007. This order had denied the plaintiff's motion for partial summary judgment on liability, granted the defendants' cross-motion for summary judgment dismissing the complaint in an action for conversion of a software program, and vacated a preliminary injunction. The appellate court unanimously affirmed this decision, holding that the plaintiff lacked a cause of action for conversion as the program was obtained under a valid contract and its return was never demanded. Consequently, the preliminary injunction was properly vacated upon the dismissal of the complaint.

conversionsoftware programsummary judgmentpreliminary injunctioncontract lawlicenseecause of actionappellate reviewjudgment affirmedcomplaint dismissal
References
2
Case No. MISSING
Regular Panel Decision
Aug 06, 2015

Sidney B. Hale, Jr. v. City of Bonham

The document comprises two appendices related to Texas law. Appendix A presents Chapter 101 of the Texas Civil Practice and Remedies Code, known as the Texas Tort Claims Act, which addresses governmental liability for torts, defining terms, outlining liability for governmental units, setting limitations on liability, and detailing procedural aspects. Appendix B includes sections from Chapter 271 of the Texas Local Government Code, concerning purchasing and contracting authority for municipalities, counties, and other local governments, with a focus on definitions, waivers of immunity for breach of contract, and limitations on adjudication awards.

Texas lawGovernmental immunityTort claimsMunicipal liabilityLocal governmentPurchasing authorityContracting authorityStatutory interpretationSovereign immunityCivil practice and remedies
References
0
Case No. MISSING
Regular Panel Decision
Jun 26, 1995

Vasarhelyi v. New School for Social Research

Plaintiff Marina Vasarhelyi, former Controller and Treasurer of The New School for Social Research, questioned President Jonathan Fanton's financial practices and hiring decisions. In response, Fanton initiated an investigation into a leaked confidential memorandum, singling out Vasarhelyi for hostile interrogation by criminal attorneys. When she requested a witness for further questioning, Fanton suspended and subsequently terminated her employment. Vasarhelyi sued for intentional infliction of emotional distress, defamation, and prima facie tort. The Supreme Court initially dismissed the complaint, but the appellate court modified the judgment, reinstating the cause of action for intentional infliction of emotional distress, while affirming the dismissal of the defamation and prima facie tort claims.

Intentional Infliction of Emotional DistressDefamationPrima Facie TortEmployer RetaliationWrongful TerminationAbuse of PowerHostile Work EnvironmentEmployee InterrogationAppellate ReviewJudgment Modification
References
15
Case No. MISSING
Regular Panel Decision

Carlisle v. Philip Morris, Inc.

This appeal addresses whether the Federal Cigarette Labeling and Advertising Act preempts state common-law tort claims for smoking-related injuries and deaths. Plaintiffs, including individual smokers and widows of deceased smokers, alleged various tort claims like failure to warn, design defects, misrepresentation, and civil conspiracy against cigarette manufacturers. The trial court initially granted summary judgment for the defendants based on preemption. The appellate court reversed, concluding that the Labeling Act does not clearly or unambiguously intend to preempt such common-law claims. The court highlighted the speculative nature of the conflict, the Act's primary goal of public health information, the lack of alternative remedies, and legislative history.

PreemptionFederal Cigarette Labeling and Advertising ActCommon-Law TortSmoking InjuriesProduct LiabilityFailure to WarnDesign DefectsMisrepresentationCivil ConspiracyState Law
References
83
Case No. MISSING
Regular Panel Decision

Grynberg Production Corp. v. British Gas, P.L.C.

Grynberg Production Corporation filed a state court suit against British Gas, Jack L. Gregory, and other defendants, alleging breach of contract, fraud, conversion, and breach of tort duties related to mineral resource rights in Kazakhstan. The defendants removed the case to a federal district court. Grynberg then moved to remand the case to state court. The federal court denied the motion to remand. It ruled that while diversity jurisdiction was improper due to the non-fraudulent joinder of a Texas defendant (Gregory), federal question jurisdiction existed because Grynberg's claims for specific performance, injunction, and conversion necessarily raised substantial issues of federal common law concerning international relations.

International LawFederal Question JurisdictionDiversity JurisdictionMotion to RemandFraudulent JoinderChoice of LawAct of State DoctrineSpecific PerformanceInjunctive ReliefConversion
References
63
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