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

Case No. 13-0096
Regular Panel Decision
Aug 22, 2014

Tenet Hospitals Limited, a Texas Limited Partnership D/B/A Providence Memorial Hospital, and Michael D. Compton, M.D. v. Elizabeth Rivera, as Next Friend for M.R.

This case concerns a challenge to the constitutionality of the Medical Liability Act's ten-year statute of repose. Petitioners, Tenet Hospitals Limited and Michael D. Compton, M.D., sought summary judgment arguing the statute barred a medical negligence claim filed by Elizabeth Rivera on behalf of M.R. The alleged negligence occurred in 1996, and the suit was filed in 2011, five years after the 2003 repose statute's 2006 deadline. The trial court granted summary judgment, but the court of appeals reversed, finding the statute unconstitutional as applied to M.R. The Supreme Court of Texas reversed the court of appeals' judgment, holding that Rivera, acting as M.R.'s next friend, failed to demonstrate due diligence in filing the claim within the three-year grace period afforded by the statute. The Court also found the retroactivity challenge failed due to the compelling public interest in the Medical Liability Act and the sufficient grace period provided. Consequently, the Supreme Court rendered judgment that the plaintiff take nothing.

Medical MalpracticeStatute of ReposeOpen Courts ProvisionRetroactivityDue DiligenceMinor's ClaimConstitutional LawSummary JudgmentTexas Supreme CourtHealthcare Liability
References
26
Case No. No. 22-0620
Regular Panel Decision
Jun 21, 2024

Texas Disposal Systems Landfill, Inc. v. Travis Central Appraisal District, by and Through Marya Crigler, Acting in Her Official Capacity as Chief Appraiser of Travis Central Appraisal District

The dissenting opinion in Texas Disposal Systems Landfill, Inc. v. Travis Central Appraisal District challenges the majority's interpretation of Texas Tax Code Section 42.02(a)(1) regarding property tax appraisal appeals. Justice Boyd argues that limitations on such appeals are jurisdictional and that a district court's review of an appraisal review board order should not be confined solely to the grounds raised in the property owner's initial protest. The dissent asserts that the Tax Code and Texas Constitution mandate that appraised values must reflect both "equal and uniform" taxation and the property's "market value," and therefore, the district court should be able to address market value even if not initially protested. The dissent concurs with the majority's decision to affirm the court of appeals' judgment but disagrees with the prohibition on the district court addressing the market-value issue on remand. Consequently, Justice Boyd respectfully dissents in part.

Property TaxAppraisal LawJurisdictional LimitsMarket ValueEqual and Uniform TaxationDe Novo ReviewAdministrative RemediesTexas Tax CodeTexas ConstitutionJudicial Review
References
23
Case No. MISSING
Regular Panel Decision

Oliver v. State

This opinion, authored by Chief Justice Harbison, concurs that disability for a scheduled injury is based on loss of use rather than earning capacity. However, it dissents on the grounds that the workers' compensation claim is barred by the statute of limitations. The employee sustained a wrist fracture, received medical treatment, and wore a cast for weeks, yet waited twenty years to file a claim for permanent disability. The Chief Justice argues that the employee knew or should have known of a work-related injury and disability, even without precise information, and therefore the one-year statute of limitations should apply from the date of injury or last medical payment. The opinion references Taylor v. Clayton Mobile Homes, Inc. and Jones v. Home Indemnity Co. to support the argument against extending the statute of limitations for such a long period, especially when the injury was apparent from the beginning.

Workers' CompensationStatute of LimitationsScheduled InjuryPermanent DisabilityWrist FractureLatent InjuryKnowledge of InjuryMedical ExpensesTimeliness of ClaimJudicial Dissent
References
2
Case No. MISSING
Regular Panel Decision

Ortiz v. Leak

The petitioner, who was shot in 1991, applied to the Crime Victims Board for compensation, including lost earnings and vocational rehabilitation. The Board initially awarded compensation for property loss and medical expenses, and later counsel fees. Petitioner appealed the denial of lost earnings and vocational rehabilitation. The Board's denial was based on insufficient evidence of prior employment and occupational limitations. The court affirmed the Board's denial, finding the proof for lost earnings highly speculative and the need for vocational rehabilitation not established. However, the court modified the counsel fee award from $65 to $80, correcting an error regarding the petitioner's retainer payment.

Crime Victims BoardLost EarningsVocational RehabilitationCounsel FeesCPLR Article 78Executive LawSubstantial EvidenceBurden of ProofCompensation DenialAlbany County
References
3
Case No. MISSING
Regular Panel Decision

Dewan v. Blue Man Group Limited Partnership

Plaintiff Brian Dewan, a musician, sued the Blue Man Group entities and individuals, seeking a declaration of co-authorship for musical compositions used in their "Blue Man Group: Tubes" performance and damages for state law claims. Dewan claimed he collaborated with the defendants in composing music for the show and was repeatedly assured of his co-authorship rights and that an agreement would be formalized, but it never materialized. Defendants moved to dismiss, arguing the co-authorship claim under the Copyright Act was time-barred. The court found that Dewan's equitable estoppel argument was unreasonable after late 1993 or 1994, as he had sufficient notice that a lawsuit was necessary. Consequently, the court dismissed the federal co-authorship claim due to the expiration of the statute of limitations and declined to exercise supplemental jurisdiction over the remaining state law claims.

Copyright ActCo-authorshipStatute of LimitationsEquitable EstoppelMotion to DismissFederal JurisdictionState Law ClaimsMusical CompositionsCollaborationDeclaratory Judgment
References
11
Case No. 09-16-00339-CV
Regular Panel Decision
Jul 26, 2018

Sam Rayburn Municipal Power Agency v. Ralph J. Gillis, Gillis Borchardt & Barthel LLP, Obain Associates Limited and the Jasper/VPPA Settlement Trust

This appeal concerns Sam Rayburn Municipal Power Agency's (SRMPA) lawsuit against its former attorney, Ralph J. Gillis, and his firm, alleging breach of fiduciary duty and fraud related to the 'Nisco Deal' and the 'Cambridge Project' energy initiatives. SRMPA accused Gillis of self-dealing and undisclosed personal financial gains from these projects. The trial court, following a jury verdict, denied SRMPA's claims regarding the Nisco Deal due to the statute of limitations, but awarded damages for Gillis's breach of fiduciary duty concerning the Cambridge Project. SRMPA appealed the denial of equitable relief, the limitations finding, and the quantum of damages, while Gillis, Obain, and the Jasper/VPPA Settlement Trust filed cross-appeals. The Court of Appeals affirmed the trial court's judgment across all contested issues.

Breach of Fiduciary DutyFraudulent ConcealmentEnergy ProjectsAttorney MalpracticeStatute of LimitationsEquitable ReliefDisgorgementConstructive TrustDamagesRespondeat Superior
References
59
Case No. MISSING
Regular Panel Decision

Coyle v. Intermagnetics Corp.

The Workers’ Compensation Board ruled that an unnamed claimant, who suffered work-related back injuries in 1985 and 1989, was entitled to reduced earnings benefits after taking a lower-paying job. The employer, Intermagnetics Corporation, and its workers’ compensation insurance carrier appealed, arguing the reduction in earnings was due to personal reasons, not disability. The court affirmed the Board's decision, finding substantial evidence that the claimant's permanent partial disability was a contributing factor to the wage reduction, despite conflicting evidence. The ruling highlighted that physical limitations from a permanent partial disability allow for an inference of causation for subsequent wage loss.

Permanent Partial DisabilityReduced EarningsBack InjuryChiropractic TreatmentCausal RelationshipSubstantial EvidenceAppellate ReviewWage LossEmployment ChangeMedical Testimony
References
4
Case No. MISSING
Regular Panel Decision

Claim of Virtuoso v. Chevrolet

The claimant sustained a work-related back injury and later lost employment with his employer due to a disagreement, not his injury. He subsequently received unemployment benefits and performed work for his wife's business. Despite claiming a worsening back condition limited his work ability, he was evasive about his income from these subsequent employments. The Workers' Compensation Board denied his claim for reduced earnings, finding no causal link between his lost employment income and his back condition, and noting his failure to provide income details. This appeal affirmed the Board's decision, concluding there was no evidence to warrant a reduced earnings award.

Workers' CompensationReduced EarningsWork-related InjuryCausationLoss of EmploymentIncome EvasionUnemployment BenefitsBoard DecisionAppellate ReviewAffirmation
References
5
Case No. 14-09-01046-CV
Regular Panel Decision
Jun 22, 2010

950 Corbindale, L.P., 950 Corbindale Management, L.L.C., 9041 Katy Freeway, Ltd., 9041 Katy Freeway Management, L.L.C., 9039 Holdings Management, L.L.C., Lester Allison, and Richard Plessala v. Kotts Capital Holdings Limited Partnership and Kotts Captial Holdings, Inc.

This is an accelerated interlocutory appeal concerning the denial of a motion to stay litigation and compel arbitration. The appellees, Kotts Capital Holdings, had sought declaratory relief regarding partnership agreements. Appellants argued that the dispute fell within the scope of a valid arbitration agreement, despite a clause limiting awards to 'compensatory damages only.' The appellate court found that this limitation applied only to the type of damages, not the arbitrator's authority to grant declaratory relief. Consequently, the court reversed the trial court's order, compelling arbitration.

Arbitration AgreementMotion to CompelDeclaratory JudgmentContract InterpretationPartnership DisputeScope of ArbitrationAppellate ProcedureTexas LawRemandInterlocutory Appeal
References
11
Case No. MISSING
Regular Panel Decision
Feb 16, 2010

Vought Aircraft Industries, Inc. v. Falvey Cargo Underwriting, Ltd.

This case involves Vought Aircraft Industries' claim against its marine cargo insurers, Falvey Cargo Underwriting, Ltd., XL London Market, Limited, and Dornoch Limited, for breach of policy and other claims. A horizontal stabilizer manufactured by Vought was damaged during rail shipment, a peril covered by the marine cargo insurance policy. Vought repaired the stabilizer and sought reimbursement for direct repair costs, overhead expenses, and expediting costs for replacement stabilizers. The court largely dismissed Vought's claims for expediting costs and overhead expenses, finding most were not covered by the policy, though it noted ambiguity in certain policy clauses regarding some shipping costs and overhead. All of Vought's extra-contractual claims, including breach of good faith and fair dealing, unfair insurance practices, breach of repair agreement, promissory estoppel, quantum meruit, and unjust enrichment, were dismissed. XL London Market, Limited's defense asserting it acted solely as an agent for a disclosed principal was denied, indicating a factual dispute.

Marine Cargo InsuranceInsurance PolicyContract InterpretationBreach of ContractSummary JudgmentGood Faith and Fair DealingTexas Insurance CodePolicy AmbiguityOverhead CostsExpediting Costs
References
73
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