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

Case No. 01-22-00712-CV
Regular Panel Decision
Sep 17, 2024

Ernest Polk v. Texas Office of Consumer Credit Commissioner

Ernest Polk, a Financial Examiner I, was terminated by the Texas Office of Consumer Credit Commissioner (OCCC) for alleged misuse of his state credit card. Polk sued OCCC for race discrimination, retaliation, and hostile work environment, claiming his promotion was delayed and termination was retaliatory after he reported racial discrimination. The trial court granted OCCC's Plea to the Jurisdiction, dismissing his claims. The appellate court affirmed, finding Polk failed to establish a causal link or pretext for his retaliation claim, did not exhaust administrative remedies for his race discrimination termination claim, and the alleged harassment was not severe or pervasive enough for a hostile work environment claim.

Employment DiscriminationRetaliationRace DiscriminationHostile Work EnvironmentSovereign ImmunityAdministrative RemediesPlea to the JurisdictionCredit Card MisuseFailure to PromotePrima Facie Case
References
68
Case No. 2019 NY Slip Op 04295 [172 AD3d 655]
Regular Panel Decision
May 30, 2019

Capital Bus. Credit LLC v. Tailgate Clothing Co., Corp.

The Appellate Division, First Department, affirmed a Supreme Court order regarding a dispute between Capital Business Credit LLC (plaintiff) and Tailgate Clothing Company, Corp. (defendant). Plaintiff purchased accounts receivable from a nonparty related to clothing manufacturing. Defendant paid some invoices but left 12 outstanding. Defendant claimed an equitable recoupment credit for payments made to the Worker Rights Consortium (WRC) for severance pay to Honduran workers, which became due after the manufacturer violated local law by not paying severance. The Court found issues of fact precluding summary judgment on the account stated claim and correctly sustained the equitable recoupment defense, noting it was based on transactions linked to the defendant's licensing and manufacturing agreements. The court also rejected plaintiff's waiver and estoppel arguments.

Equitable recoupmentAccount stated claimSummary judgmentAccounts receivableBreach of contractTimeliness of objectionLicensing agreementManufacturing agreementHonduran labor lawSeverance pay
References
6
Case No. 13-06-352-CV
Regular Panel Decision
Dec 13, 2007

Endeavor Natural Gas, L.P., Acting Through Its General Partner, Eng Management, L.L.C., Formerly Known as Endeavor Natural Gas, L.L.C. v. Magnum Hunter Production, Inc., Prize Energy Resources, L.P., and Prize Operating Company

Endeavor Natural Gas, L.P. initiated a lawsuit against Magnum Hunter Production, Inc. and its affiliates, seeking to reclaim $766,472.72 in severance tax refunds and credits associated with oil and gas properties. The core of the dispute revolved around the interpretation of an Assignment and a subsequent Letter Agreement, specifically defining "expenses" and "revenues" related to the properties. Endeavor argued that the tax refunds constituted expenses, thus falling under the Letter Agreement which would entitle Endeavor to these funds. Conversely, Magnum Hunter asserted that these refunds were neither expenses nor revenues, meaning the broader terms of the Assignment, which favored Magnum Hunter, should govern. The trial court ultimately sided with Magnum Hunter, granting their motion for summary judgment and denying Endeavor's. The appellate court affirmed this decision, concurring that the severance tax refunds and credits did not fit the definitions of "expenses" or "revenues" within the Letter Agreement, thereby upholding that the Assignment's provisions, beneficial to Magnum Hunter, were applicable.

Contract DisputeSummary JudgmentOil and GasSeverance TaxTax RefundsContract InterpretationLegal DefinitionsTexas LawAppellate ReviewProperty Conveyance
References
41
Case No. 08-17-00182-CV
Regular Panel Decision
Aug 14, 2019

Jodi Strobach v. WesTex Community Credit Union

Jodi Strobach appealed a summary judgment dismissing her lawsuit against WesTex Community Credit Union. Strobach claimed breach of contract, negligence, fraud, and deceptive trade practices after WesTex released funds from her account based on a garnishment judgment against her father, not her, and without proper notice to Strobach. The appellate court agreed that a question of fact remained regarding whether WesTex breached its contractual duty of ordinary care to Strobach. However, the court affirmed the summary judgment on Strobach's claims of negligence, fraud, and violations of the DTPA, citing the economic loss rule and lack of evidence for fraud.

GarnishmentSummary JudgmentBreach of ContractNegligenceFraudDeceptive Trade Practices ActDue ProcessNoticeVoid JudgmentOrdinary Care
References
115
Case No. MISSING
Regular Panel Decision

Credit One Financial v. Anderson (In re Anderson)

Plaintiff Orrin Anderson, a debtor, had his credit card debt with Credit One discharged in bankruptcy, but the debt remained on his credit report as 'charged off.' Anderson reopened his bankruptcy case and filed a class action complaint against Credit One for alleged violations of the discharge injunction. Credit One moved to compel arbitration, strike class allegations, and dismiss for lack of subject matter jurisdiction, which the Bankruptcy Court denied. Credit One appealed the denial to compel arbitration as of right and sought leave to appeal the denials to strike class allegations and dismiss for lack of subject matter jurisdiction. The District Court denied Credit One's motion for leave to appeal, finding no basis for pendent appellate jurisdiction or interlocutory appeal for the additional issues.

Bankruptcy Discharge InjunctionClass Action WaiverSubject Matter JurisdictionInterlocutory AppealPendent Appellate JurisdictionArbitration AgreementFederal Statutory ClaimsContempt PowerPunitive DamagesInjunctive Relief
References
49
Case No. MISSING
Regular Panel Decision

Thoms v. Educational Credit Management Corp. (In Re Thoms)

Kashima Thoms, a Chapter 7 debtor, initiated an adversary proceeding seeking the discharge of her substantial student loan obligations totaling $90,948.58, citing "undue hardship" under 11 U.S.C. § 523(a)(8). Educational Credit Management Corp. (ECMC) became the primary defendant, administering all of Thoms's student loans. The U.S. Bankruptcy Court applied the Second Circuit's stringent three-part Brunner test, which requires demonstrating an inability to maintain a minimal living standard, persistence of this hardship, and good faith repayment efforts. The Court found that Thoms, earning $48,000 annually, had sufficient disposable income, and her financial prospects were likely to improve, particularly with potential changes in childcare expenses and family living arrangements. Crucially, Thoms had made only minimal payments years prior and failed to utilize available loan restructuring options, thereby failing to prove good faith. Consequently, the Court ruled that Thoms did not establish undue hardship, denying the discharge of her student loan debts.

Bankruptcy LawStudent Loan DischargeUndue Hardship DoctrineBrunner TestChapter 7 BankruptcyAdversary ProceedingFinancial DistressRepayment EffortsFederal Student LoansDebtor-Creditor Law
References
4
Case No. MISSING
Regular Panel Decision

Household Credit Services, Inc. v. Driscol

This case involves an appeal from a jury verdict in favor of Albert and Marianne Driscol against Allied Adjustment Bureau and Household Credit Services, Inc. for aggressive debt collection practices. The Driscols alleged various causes of action, including unreasonable debt collection, negligence, intentional infliction of emotional distress, and invasion of privacy. The appellate court reformed the initial $11.7 million judgment, upholding Marianne Driscol's recovery for invasion of privacy but reversing Albert Driscol's damages due to insufficient evidence of mental anguish. The court also reduced the exemplary damages awarded against both Household and Allied.

Debt Collection PracticesInvasion of PrivacyIntentional Infliction of Emotional DistressAgency LiabilityExemplary DamagesActual DamagesMental AnguishLost WagesFactual SufficiencyLegal Sufficiency
References
60
Case No. 04-19-00548-CV
Regular Panel Decision
May 26, 2021

San Antonio Federal Credit Union v. Mario R. Cantu

This case involves an appeal by San Antonio Federal Credit Union (SACU) against a final judgment in favor of Mario R. Cantu, stemming from a breach of contract dispute. The core of the dispute revolved around two general services agreements (GSAs) concerning Cantu's janitorial services for SACU. The trial court granted partial summary judgment to Cantu, ruling that the November GSA was the only valid and enforceable contract, and that its termination clauses required cause and specific notice periods. SACU appealed, challenging Galland's authority to execute the November GSA and the enforceability of the December GSA. The appellate court affirmed the trial court's judgment, concluding that Galland had apparent authority and that the December GSA was unenforceable due to indefiniteness and lack of proper execution.

Contract LawBreach of ContractApparent AuthorityContract InterpretationSummary JudgmentJury InstructionsMaterial BreachService AgreementTexas Appellate CourtTermination Clause
References
48
Case No. MISSING
Regular Panel Decision

Credit Alliance Corp. v. Nixon MacHinery Co. (In Re Nixon MacHinery Co.)

Credit Alliance financed machinery sales by Nixon Machinery, retaining security interests which Nixon assigned to Credit Alliance with recourse. After buyers defaulted, Nixon repossessed the machines and filed for Chapter 11 bankruptcy. Credit Alliance initiated this action to recover the machines and lease payments, arguing Nixon had no interest beyond being a bailee. The court determined Nixon held an equity interest in the machines, having acquired buyers' rights through foreclosure. The court denied Credit Alliance's immediate recovery, instead allowing Nixon 150 days to sell or lease four machines under specific terms, and ordered a hearing to determine the division of rental payments for a fifth leased machine, aiming to balance Nixon's reorganization efforts with Credit Alliance's security interests.

Chapter 11BankruptcySecured TransactionsChattel PaperRepossessionForeclosureUniform Commercial CodeRecourse AgreementsSecurity InterestDebtor's Rights
References
8
Case No. MISSING
Regular Panel Decision

Claim of Arena v. Crown Asphalt Co.

Thomas Arena (decedent) sustained a work-related foot injury in 1980, leading to workers' compensation benefits and subsequent renal failure. Decedent and his wife (claimant) filed a third-party medical malpractice action against treating physicians and the hospital, which was settled in 1988 through a structured settlement. A stipulation between the carrier and decedent outlined the carrier's offset credit against decedent's workers' compensation claim and reserved rights against future death benefits claims, but claimant was not a signatory. After decedent's death in 1993, claimant filed for death benefits, prompting the carrier to seek an offset credit from the third-party settlement proceeds. The Workers’ Compensation Board initially found the carrier entitled to a credit, but later reversed itself, ruling against any credit. The appeals court determined that the carrier sufficiently preserved its offset rights through a general release signed by both claimant and decedent. However, it found no clear agreement on the specific offset amount in the stipulation or settlement that applied to claimant's death benefits. Consequently, the Board's decision of zero credit was reversed, and the matter was remitted for a factual determination of the precise credit amount.

Offset CreditThird-Party SettlementDeath Benefits ClaimRenal FailureMedical MalpracticeStipulation AgreementGeneral ReleaseWaiver of RightsStructured SettlementApportionment of Damages
References
12
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