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

Case No. 01-21-00008-CV
Regular Panel Decision
Aug 29, 2024

Sealy Emergency Room, L.L.C. and Kannappan Krishnaswamy, M.D. v. Dr. Atul Dhingra, Dr. Swapan Dubey and Dr. Sanjeev Dubey

Appellants Sealy Emergency Room, L.L.C., and Dr. Kannappan Krishnaswamy appealed a trial court's summary judgment in favor of appellees Free Standing Emergency Room Managers of America, L.L.C., Dr. Atul Dhingra, Dr. Swapan Dubey, and Dr. Sanjeev Dubey. The dispute arose from a management agreement for an emergency room, with appellants bringing counterclaims and third-party claims for breach of contract, fraud, fraudulent inducement, and negligence. After a previous dismissal for lack of appellate jurisdiction was reversed by the Texas Supreme Court, the First District of Texas Court of Appeals reviewed the merits. The court found that the appellants failed to raise a genuine issue of material fact on any of their claims, concluding that the alleged breaches of contract were not supported by the agreement's plain language or that the best-efforts clause was unenforceable. Furthermore, claims of fraud and negligence were not substantiated or were barred by the economic loss rule. Therefore, the appellate court affirmed the trial court's summary judgment.

Contract DisputeSummary JudgmentAppellate ReviewBreach of ContractFraudFraudulent InducementNegligenceEconomic Loss RuleTexas LawHealthcare Management
References
45
Case No. 03-10-00019-CV
Regular Panel Decision
Oct 12, 2011

Dr. Don Brantley, Belinda Castillo, Dr. Corinne Alvarez-Sanders and Patricia Logterman// Texas Youth Commission Cherrie Townsend in Her Official Capacity as Executive Director v. Texas Youth Commission Cherrie Townsend in Her Official Capacity as Executive Director// Dr. Don Brantley, Belinda Castillo, Dr. Corinne Alvarez-Sanders

This case concerns challenges by current and former employees of the Texas Youth Commission (TYC) against the constitutionality of Senate Bill 103, which converted TYC employment from 'for-cause' to 'at-will.' The plaintiffs, including Dr. Don Brantley, Belinda Castillo, Dr. Corinne Alvarez-Sanders, and Patricia Logterman, sought declaratory, injunctive, and monetary relief based on alleged wrongful termination, due process violations, defamation, and unconstitutional takings. The district court partially granted and denied TYC's plea to the jurisdiction. The appellate court affirmed the dismissal of Castillo's claims for lack of ripeness and the defamation and takings claims for all plaintiffs due to sovereign immunity. It reversed in part, allowing Alvarez-Sanders and Logterman to replead their wrongful-termination/due-process claims for equitable relief against a proper state official, and similarly reversed in part Brantley's wrongful-termination/due-process claim.

Employment LawPublic EmployeesAt-Will EmploymentFor-Cause EmploymentDue ProcessConstitutional LawRetroactive LegislationEx Post Facto LawBill of AttainderSovereign Immunity
References
37
Case No. MISSING
Regular Panel Decision
Mar 18, 2016

Friedman v. Allstate Ins. Co.

This case involves an appeal from a Civil Court judgment that awarded the plaintiff, Paul Friedman, L.Ac., LMT, the principal sum of $2,160 for assigned first-party no-fault benefits for acupuncture services. The defendant, Allstate Insurance Company, denied the claims based on an independent medical examination (IME) by Dr. Chiu, which concluded that the assignor's injuries had resolved. However, the plaintiff's expert, Dr. Friedman, testified that further treatment was necessary. The Civil Court found the services medically necessary, and the appellate court affirmed this judgment, concluding that the plaintiff met its burden of demonstrating medical necessity.

AcupunctureMedical NecessityNo-Fault BenefitsIMEAssignorProvider ActionCivil Court AppealExpert TestimonyInsurance Denial
References
2
Case No. MISSING
Regular Panel Decision

Claim of Moysello v. David

The claimant, a taxicab driver for David’s Taxi and David Enterprises, was injured in a motor vehicle accident in January 2007. An investigation by the Workers’ Compensation Board determined that Charles David and David Enterprises were the uninsured "true owners" and employers. A workers’ compensation law judge found them to be employers and uninsured, a decision affirmed by the Board, which found they met the presumptive definition of employer under Workers’ Compensation Law § 2 (former [3]) and had proper jurisdiction. The appellate court affirmed the Board’s decision, concluding it was supported by substantial evidence and that proper notice of the hearing was received despite competing address claims.

Motor Vehicle AccidentTaxicab DriverEmployer DefinitionUninsured EmployerWorkers' Compensation LawNotice of HearingBoard ReviewAppellate DecisionSubstantial EvidenceCorporate Ownership
References
1
Case No. MISSING
Regular Panel Decision

Johnson v. New York Hospital

Plaintiff, a registered nurse, filed an action under Section 504 of the Rehabilitation Act against The New York Hospital, its President Dr. David Skinner, and Assistant Director of Nursing Mr. Jody Sklar, alleging unlawful employment termination due to an alcoholism relapse. The plaintiff objected to a protective order preventing Dr. Skinner's deposition, while defendants sought to dismiss claims against individual defendants. The court granted dismissal against Mr. Sklar but denied it for Dr. Skinner, finding that individuals responsible for discriminatory decisions can be liable under the Act, especially those in positions to accept federal funds. Consequently, the protective order against deposing Dr. Skinner was set aside.

Rehabilitation Actemployment discriminationdisability rightsalcoholismindividual liabilitycorporate responsibilityprotective orderdiscoverymotion to dismiss
References
9
Case No. 06-05-00095-CV
Regular Panel Decision
Oct 20, 2006

Pilgrim`s Pride Corporation and David Franklin Sharp, Jr. v. David Cernat and Joseph Ciupitu

This case involves a motor vehicle accident where David Cernat and Joseph Ciupitu were rear-ended by a truck driven by David Franklin Sharp, Jr., for Pilgrim's Pride Corporation. The jury found Pilgrim's Pride 50% responsible and each plaintiff 25% responsible. The appellate court reviewed the trial court's application of comparative negligence statutes (Tex. Civ. Prac. & Rem. Code Ann. §§ 33.012, 33.013). It found that the trial court erred in calculating damages and modified the judgment, reducing the awards for Cernat and Ciupitu to correctly apply the comparative negligence principles. The court also affirmed the legal and factual sufficiency of the evidence supporting the jury's awards for lost earning capacity and future medical damages.

Motor Vehicle AccidentComparative NegligenceDamages CalculationAppellate ReviewLegal SufficiencyFactual SufficiencyLost Earning CapacityFuture Medical ExpensesPersonal InjuryStatutory Interpretation
References
28
Case No. MISSING
Regular Panel Decision
Jan 22, 2010

Morris v. David Lerner Associates

Dora Morris sued her former employer, David Lerner Associates (DLA), and its President, David Lerner, for employment discrimination. She alleged gender discrimination due to unequal pay and a hostile work environment, claiming she was paid less than male counterparts and subjected to inappropriate comments and actions by Lerner. Morris also alleged retaliatory termination after complaining about the pay disparity. Defendants moved to dismiss parts of the complaint, arguing failure to exhaust administrative remedies and failure to state a claim. The Court denied the defendants' motion, finding that Morris's hostile work environment and retaliatory termination claims were reasonably related to her EEOC charge and were adequately pled under legal standards.

Employment DiscriminationGender DiscriminationHostile Work EnvironmentRetaliationMotion to DismissEEOC ExhaustionPleading StandardTitle VIINew York State Human Rights LawDisparate Treatment
References
56
Case No. 13-10-00693-CV
Regular Panel Decision
Jul 01, 2011

Counsel Financial Services, L.L.C. v. DAVID McQUADE LEIBOWITZ AND DAVID McQUADE LEIBOWITZ, P.C.

Counsel Financial Services, L.L.C. appealed the denial of its motion to transfer venue from Hidalgo County to Bexar County. This appeal stemmed from Counsel Financial's intervention in a personal injury lawsuit, seeking to claim attorney's fees owed to David McQuade Leibowitz from a settlement. Leibowitz, in turn, intervened defensively, asserting claims against Counsel Financial and seeking injunctions. The appellate court examined whether an interlocutory appeal of the venue ruling was permissible under section 15.003 of the Texas Civil Practice and Remedies Code, which applies to multiple plaintiffs. The court concluded that Leibowitz was an intervening defendant, not a plaintiff, therefore section 15.003 did not apply, and dismissed the appeal for want of jurisdiction.

VenueInterlocutory AppealJurisdictionMotion to TransferTexas Civil Practice and Remedies CodeInterventionPlaintiff StatusDefendant StatusForeign Judgment EnforcementAppellate Court Dismissal
References
19
Case No. MISSING
Regular Panel Decision

In re David J.

This dissenting opinion argues against the Family Court's decision to return Candice, Christine, and David to their parents, Roslyn K. and Steven K., after the petitioner charged the parents with neglect. The parents previously fled the state with the children, violating a court order. The dissent cites medical neglect of the daughters, alleged physical abuse and extreme isolation of David by his stepfather, and the mother's refusal to send David to school. The dissenting judge concludes that the parents' non-compliance and bizarre behavior create an imminent risk to the children's well-being, advocating for continued foster care.

Child neglectParental non-complianceChild welfareFamily Court proceedingsChild abuse allegationsMedical care refusalEducational neglectDissenting opinionBest interests of childTemporary removal order
References
9
Case No. 14-17-00739-CV
Regular Panel Decision
Nov 07, 2019

Center Rose Partners, Ltd., Individually and Derivatively as a Member of Rose Acquisition LLC, David Felt, Nicole Felt, and Lloyd Hall v. Jerry W. Bailey and David Sonnier

This case involves an appeal from a judgment rendered on an arbitration award. The appellees, Jerry W. Bailey and David Sonnier, moved to dismiss the appeal, citing various grounds including lack of standing for one appellant, estoppel for another, and a general waiver of appeal rights by all appellants. The appellate court denied the motion to dismiss, finding that the 'non-appealable' language in the arbitration agreement pertained to the arbitration award itself, not the trial court's judgment. The court also concluded that estoppel did not apply to Center Rose Partners and that appellant Lloyd Hall had standing. On the merits of the appeal, the court affirmed the trial court's judgment, concluding that the appellants failed to demonstrate that the trial court erred in denying their applications to vacate the arbitration award. The court addressed and rejected arguments regarding arbitrators exceeding their powers and failing to address a statute-of-limitations defense.

ArbitrationAppealMotion to DismissContract LawCorporate LawLimited Liability CompanyWaiver of AppealEstoppelStandingTexas Arbitration Act
References
33
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