CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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. 03-19-00484-CV
Regular Panel Decision
Jun 04, 2021

Dr. Lawrence Broder, M.D. and Round Rock Medical Aesthetics & Urgent Care PLLC D/B/A Beleza Medspa v. Nexstar Broadcast Group, Inc. KXAN-TV And Jody Barr

This case involves an appeal by Dr. Lawrence Broder, M.D. and Round Rock Medical Aesthetics & Urgent Care PLLC d/b/a Beleza Medspa against Nexstar Broadcast Group, Inc., KXAN-TV, and Jody Barr. The appellants sued for defamation, business disparagement, and tortious interference after KXAN-TV aired a news report by Jody Barr regarding complaints filed against Dr. Broder with the Texas Medical Board (TMB) and the death of a patient following plastic surgery. The appellees filed a motion to dismiss under the Texas Citizens Participation Act (TCPA), which the trial court granted. The Court of Appeals affirmed the trial court's dismissal, finding that the TCPA applied, the appellants failed to establish a prima facie case for their claims, and the attorney's fee award to the appellees was reasonable. The court specifically noted that the news report was substantially true and concerned matters of public interest, thus protected under free speech.

DefamationBusiness DisparagementTortious InterferenceTexas Citizens Participation ActTCPAFree SpeechMedical MalpracticeTexas Medical BoardTMBMedia Privilege
References
30
Case No. 2-01-159-CV
Regular Panel Decision
Nov 03, 2005

Robert Morrell and Donna Morrell, Individually, AND Mary Angeline Finke, M.D., Obstetrical & Gynecological Associates of Arlington, AND Arlington Memorial Hospital Foundation v. Mary Angeline Finke, M.D., Obstetrical & Gynecological Associates of Arlington, Arlington Memorial Hospital Foundation, Inc. D/B/A Arlington Memorial Hospital, Rose Fenton, R.N.C., Sandy Stephens, R.N., and Marianne Walker, R.N., AND Robert Morrell

Robert and Donna Morrell, individually and as next friends for their daughter Madeline, sued Dr. Finke, her employer, nurses, and a hospital for medical malpractice following Madeline's birth, alleging permanent neurological injuries due to negligence during labor and delivery. A jury awarded damages, but the trial court granted a judgment notwithstanding the verdict (JNOV) on the Morrells' mental anguish and loss of consortium claims. On appeal, the Court of Appeals affirmed the JNOV for the Morrells' mental anguish and loss of consortium claims. The court found legally and factually sufficient evidence for the jury's negligence and causation findings against Dr. Finke and the nurses. However, it modified the judgment to impose several liability on Nurse Rose Fenton and reversed the award of past medical expenses against Nurses Fenton, Stephens, and Walker, deeming those claims barred by the statute of limitations.

Medical MalpracticeBirth InjuryCerebral PalsyHypoxic-Ischemic EncephalopathyForceps DeliveryObstetric NegligenceNursing NegligenceStatute of LimitationsJoint and Several LiabilityExpert Witness Testimony
References
59
Case No. 03-06-00002-CV
Regular Panel Decision
Jul 20, 2007

Texas Court Reporters Certification Board and Michele Henricks, as Director of the Court Reporters Certification Board v. Esquire Deposition Services, L.L.C.

The Texas Court Reporters Certification Board (Board) initiated disciplinary proceedings against Esquire Deposition Services, L.L.C. (Esquire) for alleged violations concerning long-term volume discount arrangements for court reporting services. Esquire subsequently filed suit against the Board and its director, Michele Henricks, challenging the Board's statutory authority to regulate or prohibit such discounts and seeking declaratory and injunctive relief. The district court denied the Board's plea to the jurisdiction, prompting an appeal. The Court of Appeals held that the Board possesses exclusive jurisdiction over disciplinary claims and determined that Esquire's claims, which broadly questioned the Board's general authority over long-term discounts, were not ripe for judicial review as they depended on contingent facts and agency expertise. Consequently, the appellate court reversed the district court's order, dismissing Esquire's suit due to lack of jurisdiction.

Administrative LawJurisdictionPlea to the JurisdictionRipeness DoctrineExclusive JurisdictionStatutory InterpretationDeclaratory Judgment ActCourt Reporters Certification BoardCourt Reporting FirmsLong-term Volume Discounts
References
15
Case No. 03-09-00159-CV
Regular Panel Decision
Jan 29, 2010

Texas Department of Transportation// Texas Weekly Advocate and Dr. Jeffrey White v. Texas Weekly Advocate and Dr. Jeffrey White// Cross-Appellee, Texas Department of Transportation

The Texas Department of Transportation (TxDOT) amended its crash report form, removing a space for driver telephone numbers. Texas Weekly Advocate and Dr. Jeffrey White (Plaintiffs) sued TxDOT under the Administrative Procedure Act (APA) and the Uniform Declaratory Judgments Act (UDJA), arguing that TxDOT failed to comply with proper rulemaking procedures. The trial court granted summary judgment for Plaintiffs on their APA claim, enjoining TxDOT, but dismissed the UDJA claim and denied attorney's fees. On appeal, the court vacated the trial court's APA injunction and dismissed that part of the cause as moot, as TxDOT had subsequently completed the required rulemaking process. Additionally, the Plaintiffs' UDJA claim was deemed moot due to redundancy with the APA claim, and the appellate court affirmed the trial court's denial of attorney's fees, finding no abuse of discretion as the UDJA claim did not substantially broaden the action already provided by the APA.

Administrative Procedure ActUniform Declaratory Judgments ActMootnessAttorney's FeesSummary JudgmentInjunctive ReliefRulemaking ProceduresCrash Report FormTexas Department of TransportationAppellate Jurisdiction
References
10
Case No. 03-96-00624-CV
Regular Panel Decision
Nov 13, 1997

Rhonda Cramer McClure v. Dr. Henry Landis and Interim Physicians, Inc.

Rhonda Cramer McClure appealed the dismissal of her medical-malpractice lawsuit against Dr. Henry Landis and Interim Physicians, Inc. The trial court dismissed her case with prejudice because she failed to provide a required expert report within 180 days, as mandated by the Medical Liability and Insurance Improvement Act. McClure's attorney contended that this omission was an accident or mistake, qualifying her for a 30-day grace period under the Act, and promptly provided the report upon realizing the error. The appellate court found that the trial judge abused its discretion by denying McClure's motion for a new trial, as the defendants did not sufficiently controvert the evidence presented by McClure regarding the accidental nature of the failure to file. Consequently, the judgment of the trial court was reversed, and the case was remanded for further proceedings.

Medical MalpracticeExpert ReportMedical Liability and Insurance Improvement ActDismissal with PrejudiceMotion for New TrialAccident or MistakeConscious IndifferenceTexas Rules of Civil ProcedureTexas Rules of Civil EvidenceAbuse of Discretion
References
8
Case No. 14-12-00531-CV
Regular Panel Decision
Sep 12, 2013

Denise Zimmerman v. Dr. Leslie Farias, D.D.S., P.A. F/K/A Dr. Leslie Farias, D.D.S., P.C. and Leslie Farias, Individually

Denise Zimmerman, a dental hygienist, sued Dr. Leslie Farias, D.D.S., P.A., and Leslie Farias individually for negligence after breaking her hip in a workplace fall due to alleged tripping hazards from computer cords. Neither Farias nor her Professional Association subscribed to Texas workers’ compensation insurance. Zimmerman's claims included unsafe working environment and an attempt to pierce the corporate veil against Farias. The trial court granted summary judgment in favor of the appellees. The appellate court affirmed, concluding that Zimmerman did not provide sufficient evidence to support her claims of sham to perpetrate fraud or an unreasonable risk of harm in her premises liability claim.

Workplace personal injurySummary judgmentNegligencePremises liabilityCorporate veil piercingAlter egoDental office accidentAppellate reviewTexas lawNo-evidence summary judgment
References
36
Case No. MISSING
Regular Panel Decision

In Re Pollet

Dr. Randy J. Pollet M.D. filed an original proceeding challenging the trial court's failure to rule on his motion to dismiss a medical malpractice claim. The underlying claim was filed by Mr. Rafael Martinez against his employer, Brokers Logistics, who later designated Dr. Pollet as a responsible third party. Martinez subsequently added Dr. Pollet as a defendant. Dr. Pollet moved to dismiss due to Martinez's alleged failure to comply with expert report requirements under the Texas Medical Liability Act. The trial court took the motion under advisement, refusing to rule until after a deposition. The appellate court found the trial court abused its discretion by forcing Dr. Pollet to expend resources unnecessarily, thus frustrating the legislative intent of Chapter 74. Therefore, mandamus relief was conditionally granted, compelling the trial court to rule on the motion to dismiss.

Medical MalpracticeMandamus ReliefExpert Report RequirementsMotion to DismissTrial Court Abuse of DiscretionTexas Civil Practice and Remedies CodeWorkers' Compensation ClaimResponsible Third PartyJudicial DelayAppellate Review
References
8
Case No. 03-25-00061-CV
Regular Panel Decision
Aug 15, 2025

Purnell Williams v. Yaghi's Pizzeria; DR&F Enterprises LLC; And Rodney Scott Labrie

Purnell Williams appealed the dismissal of his whistleblower lawsuit against Yaghi’s Pizzeria and DR&F Enterprises LLC. Williams, a cook, alleged he was wrongfully terminated in retaliation for reporting unsafe working conditions and safety violations to his supervisors. The trial court had granted motions to dismiss his claims for negligence, emotional distress, and later his whistleblower cause of action. The appellate court affirmed, holding that Texas is an at-will employment state, and the Texas Whistleblower Act protects only governmental employees, not private employees like Williams. Furthermore, his claims did not fall under the Sabine Pilot exception as he was not discharged for refusing to perform an illegal act.

Whistleblower ProtectionWrongful TerminationAt-Will EmploymentRule 91a Motion to DismissAppellate ReviewPrivate EmployeePublic Policy ExceptionRetaliatory DischargeWorkplace SafetyLabor Law
References
9
Showing 1-10 of 7,861 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational