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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

Doe v. Briley

This case involves a 1974 consent decree limiting public access to arrest records of individuals not convicted of charges, entered into by John Doe (plaintiff class representative), Metropolitan Government of Nashville and Davidson County, and the State of Tennessee. The plaintiff filed a motion to assure compliance, alleging the defendants violated the decree by disseminating arrest records, including posting "johns" on the internet. Defendants Tennessee Bureau of Investigation (TBI) and Metro, along with intervenors The Tennessean and NewsChannel 5, moved to dissolve the decree. The court found that the constitutional right underpinning the 1974 decree, related to reputation and due process, has eroded due to subsequent Supreme Court decisions like Paul v. Davis. Additionally, Tennessee statutory laws (T.C.A. § 10-7-503 and § 38-6-120) now mandate public access to arrest records. Consequently, the court denied the plaintiff's motion for compliance, granted the defendants' and intervenors' motions to dissolve the 1974 consent decree, and dismissed the case, noting that the 1973 consent decree, which addresses employment-related record use, remains in effect.

Consent DecreeRule 60(b) MotionDue Process ClauseFourteenth AmendmentRight of PrivacyArrest RecordsPublic Records ActConstitutional LawJudicial ReviewModification of Injunction
References
57
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Reif & Williams Sportswear, Inc.

The Appellate Division reversed an order and granted a motion to stay arbitration, awarding costs to the appellant corporation. The case centered on a corporation, formed after a partnership dissolved, that had not signed a collective bargaining agreement containing an arbitration clause, unlike its predecessor partnership. The court determined that a corporation is a distinct legal entity and cannot be compelled to arbitrate without its explicit agreement, even if its principals were involved in a prior entity that had such an agreement. This decision underscores the legal separation between a partnership and a subsequently formed corporation.

ArbitrationCorporate VeilPartnershipCollective BargainingContractual AgreementLegal EntityAppellate CourtMotion PracticeArbitration ClauseSuccessor Company
References
2
Case No. MISSING
Regular Panel Decision

Pringle v. AC Bodyworks & Sons, LLC

The administrators of John Lee Dean's estate, after receiving workers' compensation benefits for his work-related death, commenced a wrongful death action against AC Bodyworks & Sons, LLC, the owner of the truck that caused his death. The defendant moved for summary judgment, arguing that the claim was barred by the exclusivity provision of Workers’ Compensation Law § 11, asserting it was a dissolved predecessor entity to the actual employer, AC Bodyworks & Sons, Inc. The Supreme Court granted the motion. On appeal, the order was reversed, with the appellate court determining the motion was premature due to a lack of discovery regarding the relationship between the two entities and the transfer of assets, leaving questions of fact regarding the defendant's continued operation and potential alter ego status with the employer.

Workers' Compensation ExclusivitySummary JudgmentPremature MotionDiscovery DisclosureAlter EgoWrongful DeathAppellate ReviewEmployer LiabilityVehicle OwnershipDissolved Entity
References
4
Case No. MISSING
Regular Panel Decision
Dec 19, 1983

Sheldon v. Kimberly-Clark Corp.

Plaintiff, an employee of Kimberly-Clark Corporation, suffered a double arm amputation on July 30, 1980, while operating a machine at its Ancram Mill. Plaintiff initiated legal action against Kimberly-Clark, two entities named Peter J. Schweitzer, Inc., and five senior corporate officers (Smith, Hibbert, Ernest, Jones, and Gade), alleging various torts, including the formulation of a corporate policy prioritizing productivity over worker safety. The individual officers, who were non-domiciliaries, moved to dismiss the complaint, citing a lack of in personam jurisdiction and protection under the fiduciary shield doctrine. The appellate court modified Special Term's order, granting the motion to dismiss against the five individual officers, concluding that the plaintiff failed to provide sufficient evidence for long-arm jurisdiction and that the fiduciary shield doctrine applied as their actions were corporate. Additionally, the court clarified that Special Term's dismissal against Peter J. Schweitzer, Inc., pertained only to the first entity, which had been dissolved through merger into Kimberly-Clark in 1958.

Long-arm jurisdictionIn personam jurisdictionFiduciary shield doctrineCorporate officers liabilityMerger of corporationsCorporate policyTortious actMotion to dismissAppellate reviewPersonal injury
References
5
Case No. MISSING
Regular Panel Decision

Rylander v. B & a Marketing Co. Ex Rel. Atlantic Richfield Co.

B & A Marketing Company sued the Texas Comptroller of Public Accounts and the Texas Attorney General for a refund of an “additional tax” paid under protest. This tax was assessed on B & A's earned surplus after its dissolution, based on a 1991 amendment to the Franchise Tax Act, specifically Section 171.0011, which aimed to tax profits that would otherwise escape taxation when a corporation ceases doing business in Texas. B & A argued the statute applied only to specific P.L. 86-272 protected corporations or was unconstitutional as applied to dissolved entities. The trial court granted summary judgment for B & A. The appellate court reversed the trial court's judgment, finding the Comptroller's interpretation of the “additional tax” statute to include dissolved corporations like B & A was reasonable and did not contradict the plain meaning. Furthermore, the court found the statute to be constitutional against equal protection, due process, and commerce clause challenges, citing the state's legitimate interest in raising revenue and the rational basis for the tax classification. The court rendered judgment in favor of the Comptroller.

Franchise TaxCorporate TaxationTax RefundStatutory ConstructionConstitutional LawEqual ProtectionDue ProcessCommerce ClauseCorporate DissolutionTexas Tax Code
References
41
Case No. 10-99-190-CV
Regular Panel Decision
Oct 27, 1999

City of Ennis, a Self-Insured Governmental Entity v. William J. Bryant

William J. Bryant filed a lawsuit against the City of Ennis seeking worker's compensation disability benefits due to a heart attack sustained during his employment as a police officer. A jury found in favor of Bryant, prompting the City of Ennis to appeal the decision. Prior to a ruling on the appeal, both parties reached a settlement agreement and filed an 'Agreed Motion to Dismiss Appeal and Cause'. In response, the Tenth Court of Appeals, citing Texas Rules of Appellate Procedure 42.1(a) and 43.2(e), granted the motion, vacated the trial court's judgment, and dismissed the case, with costs taxed against the party incurring them.

Worker's CompensationDisability BenefitsHeart AttackPolice OfficerAppellate ReviewSettlement AgreementDismissal of AppealVacated JudgmentSelf-Insured EmployerGovernmental Entity
References
1
Case No. MISSING
Regular Panel Decision

Malena v. Victoria's Secret Direct, LLC

Fredda Malena, a former executive assistant, brought claims against Victoria's Secret entities and Ann O’Malley for pregnancy discrimination and retaliation under federal and New York state/city laws. Defendants moved for partial summary judgment to dismiss these claims. The court, led by District Judge J. Paul Oetken, granted the motions in part and denied them in part. O’Malley was found not liable for FMLA retaliation and direct NYSHRL discrimination but may be liable for NYSHRL retaliation, NYCHRL claims, and aiding and abetting. The Corporate Defendants' summary judgment motion was denied for discrimination and FMLA/NYSHRL/NYCHRL retaliation, but granted for aiding and abetting and the spread-of-hours claim.

Pregnancy DiscriminationFMLA RetaliationNYSHRL DiscriminationNYCHRL DiscriminationSummary JudgmentEmployer LiabilityIndividual LiabilityMixed MotiveReduction in ForceRetaliation Claims
References
58
Case No. 08-06-00058-CV
Regular Panel Decision
Mar 22, 2007

in the Matter of Raul G. Sanchez, Twilah Sanchez v. State Office of Risk Management, a Self-Insured Governmental Entity

This is an appeal from a no-evidence summary judgment granted in favor of the State Office of Risk Management (SORM). Twilah Sanchez sought workers' compensation benefits after her husband, Raul Sanchez, died following a work-related single-car accident. SORM denied the claim, asserting Raul was intoxicated at the time of the accident based on blood alcohol tests taken hours after the incident. Sanchez presented expert testimony challenging the reliability of retrograde extrapolation, but her expert could not definitively state that Raul was not intoxicated. The appellate court affirmed the summary judgment, ruling that Sanchez failed to present sufficient evidence to raise a genuine issue of material fact that her husband's blood alcohol content was less than 0.08 at the time of the accident.

Intoxication DefenseSummary JudgmentNo-evidence Summary JudgmentRetrograde ExtrapolationBlood Alcohol Content (BAC)Expert TestimonyBurden of ProofAppellate ReviewAutomobile AccidentDeath Benefits
References
9
Case No. 04-24-00606-CV
Regular Panel Decision
Dec 17, 2025

Michael Shalit D/B/A Kimberly Investment Company, Lynzara-Austin Real Estate Management, LLC, as General Partner of Kendall County Development Company, L.P., and as General Partner of Tapatio Springs Real Estate Holdings, L.P., Robyn Real Estate Investments, L.P., Robyn Utility Investments, L.P., and Robyn Utility Investments Management, LLC v. Tapatio Springs Real Estate Holdings, L.P., Kendall County Development Company, L.P., Kendall County Utility Company, Inc., Tapatio Springs Utility Holdings, L.P., and Tapatio Springs Hospitality Holdings, L.P.

This memorandum opinion addresses an appeal from a summary judgment granted by the 451st Judicial District Court, Kendall County, Texas. Appellants, collectively known as the Shalit Entities, appealed a summary judgment in favor of Appellees, the Tapatio Entities, which barred the Shalit Entities' counter-claims due to the four-year statute of limitations. The Shalit Entities' claims, including fraud, breach of contract, and promissory estoppel, arose from a soured business partnership. The appellate court affirmed the trial court's decision, finding that the Shalit Entities failed to sufficiently plead acknowledgment of debt to defeat the limitations defense. Furthermore, the court rejected arguments that special exceptions were a prerequisite to summary judgment on limitations grounds and affirmed the severance of claims.

Statute of LimitationsSummary JudgmentBreach of Fiduciary DutyBreach of ContractStatutory FraudDeclaratory ReliefBusiness Partnership DisputeReal Estate VentureAppellate ReviewTexas Court of Appeals
References
23
Case No. ADJ3213659
Regular
Mar 08, 2018

HORTENCIA BRAVO vs. MATRIX PERSONNEL, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration of a stipulation settling a lien claim. The defendant argued the stipulation should be set aside due to evidence suggesting the lien claimant was dissolved and the tax identification number belonged to a different entity, Pinnacle Lien Services. However, the WCAB found the petition premature as no evidentiary hearing was held to determine "good cause" for setting aside the stipulation. The case was returned to the WCJ to treat the petition as one to set aside and hold a hearing allowing all parties to present evidence.

Petition for ReconsiderationStipulation and OrderLien ClaimantWCJLabor Code Section 4903.8Tax Identification NumberDissolutionAssignmentDeclaration of Readiness to ProceedGood Cause
References
18
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