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

Case No. 03-10-00023-CV
Regular Panel Decision
Aug 19, 2011

the Texas Department of Transportation, and Amadeo Saenz, Jr., in His Official Capacity as Director of Texas Department of Transportation v. Sunset Transportation, Inc. MEL Transport, Inc. D/B/A Magnum Transportation And Sunset Prosper, Inc.

The Texas Department of Transportation (TxDOT) and its executive director appealed a district court order denying their plea to the jurisdiction regarding claims by Sunset Transportation, Inc., MEL Transport, Inc. d/b/a Magnum Transportation, Inc., and Sunset Prosper, Inc. Appellants contended that the claims, brought under the Uniform Declaratory Judgments Act (UDJA) and Administrative Procedure Act (APA), were barred by sovereign immunity. The court found Appellees' APA claims lacked sufficient factual pleading but allowed an opportunity to amend. However, the district court's denial of the plea concerning UDJA claims was affirmed, as some allegations invoked the ultra vires exception to sovereign immunity. The appellate court affirmed the district court's order denying the plea to the jurisdiction.

Sovereign ImmunityDeclaratory JudgmentAdministrative LawMotor Carrier RegulationFederal PreemptionState Agency AuthorityTransportation LawJurisdictionStatutory ConstructionRegulatory Challenge
References
20
Case No. CIV-88-1404C, CIV-90-481C
Regular Panel Decision

CSX Transportation, Inc. v. United Transportation Union

CSX Transportation, Inc. (CSXT) initiated the sale of a 369-mile rail line, which threatened the jobs of 226 employees. In response, the United Transportation Union and American Train Dispatchers Association (the Unions) invoked the Railway Labor Act (RLA) § 6, seeking to negotiate labor-protective provisions and preserve the status quo. The district court initially deemed the dispute 'minor' due to CSXT's plausible contractual defense, allowing the sale to proceed while the matter went to arbitration. A special adjustment board subsequently found CSXT's contractual defense unavailing, concluding that existing agreements did not permit the sale without prior bargaining over employee impacts. This court affirmed the board's jurisdiction and its finding, clarifying that the Unions were indeed entitled to status quo preservation during such bargaining, distinguishing its ruling from other circuits that had broadened management prerogative in partial business sales. The case is now remanded to the board to determine the appropriate remedies for the affected union members.

Railway Labor ActLabor DisputeCollective BargainingStatus QuoLine SaleArbitrationMajor DisputeMinor DisputeManagement PrerogativeEmployee Protection
References
51
Case No. 04-22-00450-CV
Regular Panel Decision
Jun 28, 2024

Reynolds Energy Transport, LLC and Reynolds Transportation, Inc. v. Plains Marketing, L.P., Plains All American Pipeline, L.P., Plains Pipeline, L.P.

This appellate case reviews a trial court's order imposing monetary sanctions against Reynolds Energy Transport, LLC and Reynolds Transportation, Inc. (Appellants) in favor of Plains Marketing, L.P.; Plains All American Pipeline, L.P.; and Plains Pipeline, L.P. (Appellees). The sanctions, totaling $482,895.92, were levied under Texas Rule of Civil Procedure 13 and Chapter 10 of the Texas Civil Practice and Remedies Code for alleged groundless pleadings, false testimony, and discovery abuses. The appellate court found that the trial court abused its discretion, concluding that many findings lacked evidentiary support, were conclusory, or addressed matters not properly raised in the sanctions motion. The court further determined that Appellees failed to overcome the presumption of good faith regarding Appellants' filings. Consequently, the appellate court reversed the trial court's sanctions order, rendering judgment that Appellees take nothing on their motion.

SanctionsAbuse of DiscretionAppellate ReviewTexas Civil Procedure Rule 13Texas Civil Practice and Remedies Code Chapter 10Groundless ClaimsBad FaithDiscovery AbuseSummary JudgmentDue Process
References
53
Case No. MISSING
Regular Panel Decision

Decker v. CSX Transportation, Inc.

Plaintiffs, including the United Transportation Union and Local 377, initiated an action in state court against CSX Transport, Inc. (CSXT), alleging violations of the Railway Labor Act's status quo provisions related to CSXT's planned sale of a rail line. CSXT moved for dismissal, contending that the plaintiffs' notice was barred by a national agreement moratorium, Local 377 lacked standing, the carrier held a unilateral right to sell lines, and the Interstate Commerce Commission (ICC) preempted RLA Section 6. Conversely, plaintiffs asserted that the National Mediation Board had docketed their dispute as major, the sale was a tactic to circumvent RLA provisions, and the moratorium did not apply to them due to local bargaining representation. The court, drawing parallels with Railway Labor Executives’ Association v. Staten Island Railroad Corp., determined that the ICC's authorization of the sale brought the matter under its exclusive jurisdiction. Consequently, the court found itself unable to provide a remedy without interfering with the ICC's order and granted CSXT's motion to dismiss for failure to state a claim.

Railway Labor ActStatus Quo ProvisionsMotion to DismissRail Line SaleInterstate Commerce CommissionPreemptionCollective BargainingLabor DisputeInjunctive ReliefJurisdiction
References
10
Case No. W2008-00344-COA-R3-CV
Regular Panel Decision
Sep 29, 2008

Georgia-Pacific LLC v. Swift Transportation Corporation

This appeal concerns the interpretation of indemnity and insurance provisions within a contract between Georgia-Pacific (G-P) and Swift Transportation Corporation. The agreement outlined Swift Transportation's role in providing vehicles and drivers for G-P, with specific clauses addressing risks, indemnification, and insurance requirements. A dispute arose after a Swift Transportation driver was allegedly injured at a G-P facility due to G-P's negligence, leading to a lawsuit against G-P. G-P sought defense and indemnification from Swift Transportation, but Swift Transportation declined, asserting that the claim was based on G-P's own negligence, which was not covered under their agreement. The trial court sided with Swift Transportation, ruling that it had no duty to indemnify or insure G-P for claims stemming from G-P's own negligence. The Court of Appeals of Tennessee affirmed this decision, concluding that the contract did not explicitly require Swift Transportation to indemnify G-P for G-P's own negligent actions, nor did the additional insured provision create such an independent obligation.

Contract interpretationIndemnity clauseInsurance provisionsNegligence liabilityGeorgia lawTennessee Court of AppealsSummary judgmentAdditional insuredSelf-insuranceContractual obligation
References
12
Case No. MISSING
Regular Panel Decision
Mar 24, 1989

Marroquin v. American Trading Transportation Co.

Plaintiff Edmundo S. Marroquin was injured on November 8, 1985, while cleaning a cargo tank aboard the S.S. Washington Trader on the high seas. Marroquin was employed by third-party defendant Stevens Technical Services and the vessel was owned by defendant and third-party plaintiff American Trading Transportation Company. Marroquin initially sued American Trading for negligence and later added a cause of action for unseaworthiness. American Trading then instituted a third-party action for contribution and indemnification against Stevens. Stevens moved for summary judgment, arguing that Marroquin's unseaworthiness claim was barred by the Longshore and Harbor Workers’ Compensation Act (LHWCA), which would also dismiss American Trading's third-party action. The court denied Stevens' motion, finding that Marroquin was not covered by the LHWCA because he was the equivalent of a 'member of a crew' working on the high seas, not a land-based worker in port. Additionally, the LHWCA's geographical scope does not extend to injuries on the high seas during a long international voyage. Therefore, Marroquin could maintain his unseaworthiness claim, and American Trading could seek contribution or indemnification from Stevens.

Maritime LawUnseaworthiness ClaimLHWCA InapplicabilityHigh Seas InjurySeaman StatusThird-Party ActionSummary Judgment MotionVessel Cleaning CrewContribution and Indemnification
References
17
Case No. MISSING
Regular Panel Decision

Kaynard v. Transport Workers Union

The Regional Director of the National Labor Relations Board sought a temporary injunction against the Transport Workers Union of America (T.W.U.) and Local 504 for alleged unfair labor practices involving a proscribed strike against Triangle Maintenance Corporation due to a jurisdictional dispute. The dispute arose when Triangle, a new cleaning contractor at John F. Kennedy Airport, planned to replace existing T.W.U. represented cleaning workers with a new crew under a different union (32B, which later disclaimed the work). The T.W.U. encouraged a strike to retain jobs for its members. The court, presided over by District Judge Weinstein, denied the injunction, reasoning that the dispute was a traditional economic struggle to retain jobs, not a jurisdictional dispute as defined by section 8(b)(4)(D) of the National Labor Relations Act, especially since there was no conflict between rival unions claiming the same work at the time the picketing began.

Labor LawNational Labor Relations ActJurisdictional DisputeUnfair Labor PracticesTemporary InjunctionStrike ActionEconomic DisputeEmployer-Union RelationsCollective BargainingWork Assignment Dispute
References
20
Case No. 2019-06-1297
Regular Panel Decision
Sep 15, 2022

Earheart, Jr., John v. Central Transport, Inc.

John Earheart, Jr., a delivery driver, filed a claim against his employer, Central Transport, Inc., and its carrier, Cherokee Insurance Co., for workers' compensation benefits after sustaining a hip injury in 2016. The primary dispute at the compensation hearing was Mr. Earheart's entitlement to attorney's fees and costs due to Central Transport's alleged wrongful failure to timely pay temporary disability benefits. Central Transport argued it was not responsible for fees as it eventually agreed to pay benefits, but Mr. Earheart countered that the agreement only came after significant effort from his lawyer. The Court sided with Mr. Earheart, finding Central Transport erroneously relied on an unauthorized physician for an MMI determination and wrongfully terminated him, leading to the untimely payment of benefits. Consequently, the Court awarded Mr. Earheart $50,505.50 in attorney's fees and costs, in addition to medical treatment and agreed-upon permanent partial disability benefits.

Attorney's Fees AwardTemporary Disability Benefits DisputeMaximum Medical Improvement DeterminationEmployer's Physician OpinionAuthorized Treating PhysicianWrongful TerminationRetaliatory Discharge ClaimDelayed Benefit PaymentsJudicial Finding of Erroneous Employer ActionPermanent Partial Disability Benefits
References
2
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. MISSING
Regular Panel Decision

Transportation Insurance Co. v. George E. Failing Co.

Transportation Insurance Company (Transportation) appealed a summary judgment in a declaratory judgment action. George E. Failing Company (Failing) sought a declaration that it was an omnibus insured under a motor vehicle liability policy issued by Transportation to Southwestern Laboratories, Inc. An employee of Southwestern was injured by a truck manufactured by Failing and subsequently sued Failing, alleging defects. Failing contended it was covered under the policy's omnibus clause due to the alleged negligence of Southwestern's employees. The court reversed the summary judgment, ruling that Failing's potential liability arose from its own negligence, not that of Southwestern's insured parties, and therefore Failing was not an omnibus insured.

Insurance CoverageOmnibus InsuredMotor Vehicle LiabilitySummary Judgment AppealNegligenceProducts LiabilityDeclaratory JudgmentTexas Law
References
1
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