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

Case No. MISSING
Regular Panel Decision

Davis v. Davis (In Re Davis)

This appeal addresses whether 11 U.S.C. § 522(c)(1), which makes exempt property liable for family support obligations, preempts Texas homestead law. Sandra Davis, the former wife, sought a turnover order to satisfy a $300,000 nondischargeable debt from her ex-husband, Thomas Cullen Davis', homestead. Cullen Davis and his current wife, Karen Joyce Davis, claimed the property as exempt under Texas law. The bankruptcy court denied Sandra's motion, concluding that Texas homestead law was not preempted and the Turnover Statute could not be used against exempt property. The District Court affirmed this decision, holding that § 522(c)(1) limits the lien-avoidance provisions of the Bankruptcy Code but does not provide a mechanism for execution on exempt property. It affirmed that Texas law allows perfection of a lien on a homestead for such debts, but prohibits forced execution, thus not conflicting with federal law.

BankruptcyHomestead ExemptionPreemptionFamily Support ObligationsNondischargeable DebtTexas LawFederal Bankruptcy LawLien AvoidanceTurnover OrderProperty Law
References
41
Case No. 05-14-01265-CV
Regular Panel Decision
Jul 20, 2015

Azeb Ruder v. William Jordan D/B/A William Davis Realty, William Davis Real Estate Services, LLC

Azeb Ruder appealed the denial of her motion to dismiss defamation claims filed by William Jordan d/b/a William Davis Realty, William Davis Real Estate Services, LLC d/b/a William Davis Realty, and Kathy Jabri. Ruder's motion was filed under the Texas Citizens’ Participation Act (TCPA) after she posted a negative review of Kathy Jabri's real estate services on Zillow. Appellees claimed Ruder's statements were defamatory, specifically regarding the property being 'Temp Off Market' for over 100 days against her wish, other realtors' opinions, and questioning Jabri's competence. The appellate court found Ruder met her burden under TCPA. However, appellees failed to establish a prima facie case for defamation because the alleged false statements were either substantially true (regarding the duration of the 'Temp Off Market' status) or non-actionable statements of opinion (regarding competence or mental state). The court reversed the trial court's order and dismissed the defamation claims, remanding for determination of costs and attorney's fees.

DefamationTexas Citizens' Participation ActTCPAFree SpeechReal Estate LawMotion to DismissAppellate ProcedurePrima Facie CaseSubstantial Truth DoctrineStatement of Opinion
References
22
Case No. MISSING
Regular Panel Decision

Davis v. Hogan

The plaintiff, Davis, was expelled from a union and subsequently discharged by his employer, the defendant corporation. He alleged that his expulsion and discharge were unlawful, violating his rights under various statutes, including the State Labor Relations Act. A prior proceeding before the State Labor Relations Board found the corporation guilty of an unfair labor practice by discharging Davis but refused his reinstatement due to his own misconduct. On appeal, the court ruled that the plaintiff's claim falls under the Labor Relations Act, which provides a specific legal remedy through judicial review of the Board's decision. Since the plaintiff failed to pursue this appellate remedy, he cannot maintain a separate action in the Supreme Court. Consequently, the complaint against the defendant corporation was dismissed.

Labor DisputeUnfair Labor PracticeUnion ExpulsionWrongful DischargeCollective Bargaining AgreementState Labor Relations ActJudicial ReviewAdministrative DecisionDue Process ClaimsAppellate Procedure
References
4
Case No. MISSING
Regular Panel Decision
Jan 03, 1995

Merritt Meridian Construction Corp. v. Old Country Iron Works, Inc.

Plaintiff, a general contractor, sued defendant, a subcontractor, for breach of contract on a construction project at West Point. Plaintiff alleged wrongful detention of materials, unfinished work costs, delay damages, and Davis-Bacon Act violations. Defendant counterclaimed for the unpaid balance of $24,700, arguing substantial performance. The Supreme Court found for the defendant, ruling delay damages were covered by stipulation, plaintiff's completion costs lacked evidence, and plaintiff had no standing for Davis-Bacon Act claims, awarding defendant the full counterclaim. On appeal, the higher court affirmed the finding of substantial performance but modified the judgment, reducing defendant's award by $4,200 for two uncompleted staircases. The appellate court upheld the lower court's findings regarding delay damages and plaintiff's lack of standing for Davis-Bacon Act violations.

Breach of ContractConstruction LawSubcontractor DisputeSubstantial PerformanceDelay DamagesDavis-Bacon ActStipulationAppellate ReviewDamage CalculationJudgment Modification
References
8
Case No. 06-03-00046-CV
Regular Panel Decision
Apr 29, 2004

David Durbin, Brenda Davis, Individually, and Brenda Davis, as Next Friend of Brenda Durbin v. City of Winnsboro

The Durbins sued the City of Winnsboro after Jimmy Durbin died in a motorcycle accident during a police pursuit by Officer Tony Browning. The Durbins alleged wrongful death, respondeat superior, and negligent entrustment, claiming Browning purposefully 'bumped' Jimmy's motorcycle. Winnsboro filed a plea to the jurisdiction and a motion for summary judgment, asserting the claims were barred by the intentional tort exception of the Texas Tort Claims Act. The appellate court clarified that an intentional tort under the Act requires intent to cause injury, not just intent to act. It held that the Durbins' negligence claims for Browning's actions were not barred. However, the court affirmed the dismissal of claims for negligent entrustment and exemplary damages, which are barred by the Texas Tort Claims Act. The case was affirmed in part, reversed in part, and remanded for further proceedings.

Texas Tort Claims ActSovereign ImmunityGovernmental ImmunityIntentional Tort ExceptionRespondeat SuperiorNegligent EntrustmentExemplary DamagesPolice PursuitMotor Vehicle AccidentWrongful Death
References
36
Case No. 01-09-00737-CV
Regular Panel Decision
Feb 10, 2011

Curtis Davis, Individually and as Administrator of the Estate of Terrence Lamoyne Davis v. Able Body Labor

This case concerns an appeal from a summary judgment regarding a deceased worker's compensation. The appellants, Curtis and Eva Davis, parents of the deceased Terrence Davis, challenged the employer's, Able Body Temporary Services, Inc.'s, workers' compensation exclusive remedy defense. The key issues involved the parents' authority to waive their son's workers' compensation coverage post-mortem, the employer's failure to notify the employee of his opt-out right, and the application of estoppel. The Court of Appeals affirmed the trial court's judgment, ruling that only an employee can waive coverage and that the employer's failure to provide notice does not negate the exclusive remedy provision.

Workers' CompensationExclusive RemedyStatutory InterpretationSummary JudgmentOpt-out ProvisionLegal BeneficiaryEstate AdministratorAffirmative DefenseEstoppelOpen Courts Provision
References
21
Case No. 9622
Regular Panel Decision
May 24, 1988

STATE DEPT. OF HWYS. & PUBLIC TRANSP. v. Bacon

Janice Bacon sued the State of Texas and the Department of Highways for personal injuries and wrongful death following a car accident on an icy bridge. The jury found the Highway Department negligent for failing to warn motorists of the hazardous condition, awarding Bacon $276,187.81. The State appealed, challenging the standard of knowledge for drivers, evidence sufficiency, jury instructions, and prejudgment interest. The Court of Appeals affirmed the trial court's judgment, upholding the actual knowledge standard for licensees and the allowance of prejudgment interest within the statutory cap. This decision clarifies liability for governmental entities under the Texas Tort Claims Act in premises liability cases.

Governmental LiabilityTexas Tort Claims ActNegligenceActual Knowledge StandardWrongful DeathPersonal InjuryIcy Road ConditionsFailure to WarnAppellate ReviewPrejudgment Interest
References
11
Case No. MISSING
Regular Panel Decision

Davis v. AutoNation USA Corp.

Laneisha Davis appealed a summary judgment granted in favor of Autonation USA Corporation and its affiliates in an employment discrimination suit. Davis alleged race and gender discrimination, retaliation, negligent hiring, negligent supervision, negligent retention, and intentional infliction of emotional distress stemming from her transfer and eventual resignation due to perceived unfair treatment and reduced pay after working as a finance manager. The trial court granted summary judgment for the appellees, stating Davis failed to file her charge of discrimination within the 180-day statutory limit. Davis argued for a "continuing violation" theory and equitable tolling, but the court found her claims were time-barred as she was aware of the alleged discriminatory acts by November 9, 2001, at the latest. The appellate court affirmed the trial court's decision, concluding it lacked jurisdiction due to the untimely complaint.

Employment DiscriminationSummary JudgmentStatute of LimitationsHostile Work EnvironmentContinuing Violation DoctrineEquitable EstoppelRace DiscriminationGender DiscriminationTexas Labor CodeJurisdiction
References
14
Case No. 07-13-00190-CV
Regular Panel Decision
Jun 04, 2014

Donald Davis 1326046 v. American Casualty Co. of Reading PA

Donald Davis appealed the trial court's summary judgment granted in favor of American Casualty Co. of Reading, Pa. The dispute originated from Davis's workers' compensation claim where he contested the amount of temporary income benefits paid by ACC. Following a previous appeal that dismissed Davis's workers' compensation claims, the current case focused on his extra-contractual claims against ACC. The Court of Appeals affirmed the summary judgment, ruling that the Workers' Compensation Act's dispute resolution framework is exclusive, thereby precluding Davis's claims for breach of contract, negligence, Texas Insurance Code violations, DTPA violations, and breach of common law duty of good faith and fair dealing. Additionally, the court found no reversible error regarding Davis's contentions on abatement and discovery issues.

Workers' CompensationSummary JudgmentAppellate ReviewExtra-Contractual ClaimsTexas Insurance CodeDeceptive Trade Practices ActGood Faith and Fair DealingAbatementDiscovery AbuseBreach of Contract
References
23
Case No. 07-18-00180-CV
Regular Panel Decision
Mar 20, 2019

Enedelia A. Sepeda v. Lorie Davis

Appellant Enedelia Sepeda, an inmate, sued Appellees Lorie Davis, Whitney Franks, Sergeant Francis M. Samic, and Corrections Officer Angela M. Wilson, employees of the Texas Department of Criminal Justice (TDCJ), for conversion after her property was confiscated and some destroyed. The trial court granted Appellees' plea to the jurisdiction and dismissed the suit with prejudice. Sepeda appealed, challenging the trial court's order on multiple grounds, including election of remedies under the Texas Tort Claims Act, open courts provision, opportunity to amend pleadings, state liabilities, and constitutional rights violations. The Court of Appeals affirmed the trial court's decision, holding that conversion claims against government employees in their official capacity fall under the Act, and Sepeda's claim was jurisdictionally defective and could not be cured under the Act's limited waiver of immunity.

Texas Tort Claims ActGovernmental ImmunityPlea to JurisdictionConversion (Tort)Inmate LitigationOfficial Capacity DoctrineSubject Matter JurisdictionDue Process (Fourteenth Amendment)Property RightsTexas Government Code
References
33
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