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

Case No. 07-08-0388-CV
Regular Panel Decision
Nov 16, 2009

Elizabeth Overstreet v. Judge Bradley S. Underwood, Individually and in His Capacity as Judge of the 364th Judicial District, Lubbock County, Texas

Elizabeth Overstreet appealed the trial court's decision regarding her employment termination and defamation claims against Judge Bradley Underwood. Overstreet, a Court Coordinator for the 364th District Court, was terminated after reporting an incident of inappropriate touching and subsequently not returning to her position. She filed complaints with the Texas Workforce Commission-Civil Rights Division, alleging sex discrimination and retaliation. The Court of Appeals reviewed whether the lawsuit was timely filed under the Texas Labor Code and considered the defamation claim. The court concluded that Overstreet's suit was not timely filed, as the first right-to-sue notice was controlling, and affirmed the trial court's decision to grant summary judgment on the defamation claim, finding no defamatory statement was published.

Employment TerminationRetaliation ClaimDefamation LawsuitSummary Judgment AppealJurisdictional PleaStatute of LimitationsTexas Labor CodeCivil Rights ActCourt CoordinatorJudicial Capacity
References
11
Case No. 03-01-00491-CV
Regular Panel Decision
Apr 11, 2002

West Orange-Cove Consolidated Independent School District Coppell Independent School District La Porte Independent School District And Port Neches-Groves Independent School District v. Felipe Alanis, Texas Commissioner of Education The Texas Education Agency Carol Keeton Rylander, Texas Comptroller of Public Accounts And the Texas State Board of Education Alvarado I.S.D. Anthony I.S.D. Aubrey I.S.D. Bangs I.S.D.

Four Texas school districts, led by West Orange-Cove Consolidated Independent School District, appealed the dismissal of their action seeking a declaratory judgment that the state's school finance system is unconstitutional. The districts contended that the $1.50 tax cap had become a de facto floor, forcing them to tax at the maximum allowable rate to provide education, thereby constituting an unconstitutional state ad valorem tax. The appellate court affirmed the dismissal, ruling that the districts failed to state a viable cause of action because they did not allege they were forced to tax at the cap specifically to provide the constitutionally-mandated 'accredited education.' The court also found the claim unripe, emphasizing that the focus should be on whether the state's requirements forced a lack of meaningful discretion in setting tax rates for an accredited education, not on a desired level of education or the number of districts taxing at the cap.

School Finance ReformConstitutional ChallengeAd Valorem TaxationEducation FundingDeclaratory JudgmentAppellate JurisdictionRipeness DoctrineTexas Constitution Article VII, Section 1Texas Constitution Article VIII, Section 1-eProperty Tax Cap
References
30
Case No. 01-15-00583-CV
Regular Panel Decision
Sep 11, 2015

the Honorable Mark Henry, County Judge of Galveston County v. the Honorable Lonnie Cox, Judge of the 56th District Court of Galveston County

This interlocutory appeal concerns a temporary injunction obtained by District Court Judge Lonnie Cox on behalf of Ms. Bonita Quiroga against County Judge Mark Henry of Galveston County. The injunction directed Judge Henry to reinstate Ms. Quiroga's employment as court administrator with a salary of $113,000. The core dispute is over the salary range for the court administrator position, with Judge Cox proposing $85,000-$120,000 and the Commissioners Court setting it at $57,705-$63,695 due to decreased responsibilities. The Appellant argues that new amendments to Section 75.401 of the Government Code, effective September 1, 2015, render the temporary injunction moot. The new statute grants exclusive power to the judges served to appoint the court administrator and to the Commissioners Court to set the salary range, nullifying the injunction's directives. Therefore, the Appellant requests the Court of Appeals to set aside the temporary injunction and dismiss the underlying injunction suit.

Interlocutory AppealTemporary InjunctionMootnessGovernment CodeCourt AdministratorSalary DisputeGalveston CountyCommissioners CourtAppellate ProcedureDismissal
References
3
Case No. 06 Civ. 6377(WHP)
Regular Panel Decision
May 29, 2009

New York District Council of Carpenters Pension Fund v. Perimeter Interiors, Inc.

This Memorandum & Order addresses defendants' objections to a Magistrate Judge's Report and Recommendation on damages for unpaid fringe benefit contributions under ERISA and LMRA. Plaintiffs, various Carpenters Benefit Funds, had previously secured summary judgment against Perimeter Interiors and its president, Susan Reidy, for operating a secret bank account to evade contributions. The Magistrate Judge recommended a total award of $2,508,324.84. The District Court adopted the report, affirming findings of covered work, the alter ego status of Perimeter and Speedy Enterprises, and the awards for attorney's and auditor's fees, with a minor correction to principal damages. The Court denied defendants' objections, directing entry of judgment in favor of the plaintiffs for the full recommended amount.

ERISALMRAEmployee BenefitsFringe Benefit ContributionsSummary JudgmentDamages InquestMagistrate Judge ReportObjections DeniedAlter Ego DoctrineUnpaid Contributions
References
29
Case No. MISSING
Regular Panel Decision

Leon v. Port Washington Union Free School District

The case of America Leon v. Port Washington Union Free School District involved plaintiff America Leon suing her former employer for alleged unpaid overtime wages under the Fair Labor Standards Act (FLSA) and for breach of collective bargaining agreements. Leon claimed she worked uncompensated pre-shift hours and during meal breaks. The District moved to dismiss both claims, arguing insufficient pleading for the FLSA claim and issues of standing, timeliness, and notice for the breach of contract claim. The court, presided over by District Judge Wexler, denied the District's motion to dismiss in its entirety, determining that Leon's complaint provided sufficient factual allegations regarding her regular work schedule and uncompensated overtime to state a plausible FLSA claim. The court also found the breach of contract claim adequately alleged, declining to consider extraneous submissions and preserving the District's right to renew its arguments as a motion for summary judgment after discovery.

FLSAovertime wagesbreach of contractmotion to dismisscollective bargaining agreementuncompensated workfederal courtSecond Circuitemployment lawwage dispute
References
19
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. 03-15-00744-CV
Regular Panel Decision
Jul 08, 2016

Chambers-Liberty Counties Navigation District v. State

The Chambers-Liberty Counties Navigation District and its Commissioners appealed a trial court's denial of their plea to the jurisdiction and Rule 91a motion to dismiss. The State of Texas sued them, alleging they unlawfully authorized Sustainable Texas Oyster Resource Management, L.L.C. (STORM) to cultivate and harvest oysters in state waters. The appellate court found that sections 12.301 and 12.303 of the Texas Parks & Wildlife Code provided an express statutory waiver of immunity for the District regarding claims of unlawfully possessing oysters. However, the court reversed the trial court's order concerning the State's ultra vires claim against the District, as such claims must be brought against individual officials, not the governmental unit itself. The court affirmed the ultra vires claim against the Commissioners, finding they exceeded their statutory authority by granting STORM rights related to oysters, an authority vested solely in the Texas Parks and Wildlife Department. The court also rejected the ripeness argument, stating the claim was not hypothetical.

Sovereign ImmunityUltra ViresNavigation DistrictsOyster CultivationTexas Water CodeTexas Parks & Wildlife CodeGovernmental AuthorityStatutory InterpretationPlea to JurisdictionRule 91a Motion to Dismiss
References
56
Case No. MISSING
Regular Panel Decision

Eddins v. Excelsior Independent School District

These consolidated actions address whether the court should exercise supplemental jurisdiction over state law tort claims stemming from a dispute over the educational rights of two children, Mary W. and Christy McD. The Magistrate Judge recommended declining supplemental jurisdiction, citing the lack of a common nucleus of operative facts between the federal claim (42 U.S.C. § 1983 action for enforcing administrative orders) and the state law tort claims, and the predominance of state law claims. District Judge Hannah conducted a de novo review, affirmed these findings, and adopted the Magistrate Judge's report, thereby overruling plaintiffs' objections and declining supplemental jurisdiction over the state tort claims.

Supplemental JurisdictionState Law ClaimsTort ClaimsFederal ClaimsEducational RightsDisability LawSection 1983Magistrate Judge ReportDe Novo ReviewJudicial Discretion
References
17
Case No. MISSING
Regular Panel Decision

Gonzales v. Galveston Independent School District

Plaintiff Robert Gonzales brought an employment discrimination suit against the Galveston Independent School District (GISD) and several individual defendants, alleging violations of his property and liberty interests, Equal Protection rights, and the Texas Whistleblower statute. Gonzales claimed he was retaliated against for reporting official misconduct and for complaining about GISD's hiring practices after being denied a promotion. Presiding Judge Kent of the District Court granted the Defendants' motion for summary judgment on all federal claims, dismissing them with prejudice. The court found that Gonzales failed to establish a constitutionally protected property or liberty interest, and that his Equal Protection and Free Speech claims lacked sufficient evidence of discriminatory or retaliatory motivation for his termination. Consequently, the court declined supplemental jurisdiction and remanded the remaining state-law claims to the 212th Judicial District Court of Galveston County, Texas.

Employment DiscriminationSummary JudgmentFederal ClaimsState Law ClaimsRemandFree SpeechDue ProcessLiberty InterestProperty InterestWhistleblower
References
30
Case No. MISSING
Regular Panel Decision

New York Property Holding Corp. v. District 65, United Automobile, Aerospace & Agricultural Implement Workers (In re District 65, United Automobile Aerospace & Agricultural Implement Workers of America)

This case concerns an appeal by New York Property Holding Corp. (Purchaser) against District 65 (Union) regarding two bankruptcy orders. The core dispute involves an agreement for the Purchaser to acquire property from the Union, which fell through due to the Purchaser's failure to meet closing deadlines. The Purchaser cited the property not being fully vacant and financing issues, despite the contract not stipulating these as conditions for closing. Bankruptcy Judge Conrad ultimately ruled the Purchaser in default and permitted the Union to keep the $250,000 deposit as liquidated damages. District Judge Kevin Thomas Duffy, in this appeal, affirmed Judge Conrad's decisions, upholding the contract's 'time of the essence' clause and the enforceability of the liquidated damages provision, irrespective of the Union's subsequent sale of the property for a higher price.

Bankruptcy AppealContract InterpretationReal Estate ContractTime of the Essence ClauseLiquidated DamagesBreach of ContractProperty SaleAppellate ReviewDefaultContractual Obligations
References
1
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