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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. 03-09-00687-CV
Regular Panel Decision
Oct 19, 2010

Marissa Fernandez and Peter Fernandez v. Sharon Peters

Appellants Marissa Fernandez and Peter Fernandez appealed a post-answer default summary judgment entered against them in favor of appellee Sharon Peters in the Texas Court of Appeals, Third District. The core issues involved alleged errors in upholding the summary judgment and denying their motion for a new trial. The Court of Appeals affirmed the judgment, finding no error in the summary judgment because Peters's evidence successfully negated an essential element of the Fernandezes' conversion claim, specifically the demand for property return. Furthermore, the court concluded that the trial court did not abuse its discretion in denying the motion for a new trial, determining that the Fernandezes' failure to respond was attributable to conscious indifference rather than an accident or mistake. This decision highlighted the importance of proper notice and timely response in legal proceedings, even for pro se litigants.

Summary Judgment AppealPost-Answer Default JudgmentMotion for New TrialConversion ClaimBona Fide PurchaserForeclosure SalePersonal Property AbandonmentNotice RequirementsDue ProcessConscious Indifference
References
34
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. 2015-02-0209
Regular Panel Decision
Feb 08, 2016

Peters, James v. A Clean Connection, LLC.

In this interlocutory appeal, injured worker James Peters alleged a foot injury from a ladder fall while working for A Clean Connection, LLC. The employer disputed liability, claiming Peters was an independent contractor. The trial court determined Peters was an employee and awarded medical benefits. On appeal, the Workers' Compensation Appeals Board affirmed the trial court's finding of an employer-employee relationship but modified the order to remove the requirement for a causation opinion from Dr. Lord. The case was remanded for further proceedings consistent with the Board's decision.

Employee vs Independent ContractorWorkers' Compensation BenefitsFoot InjuryLadder FallCleaning Services IndustryMedical Benefits DisputeCausation OpinionInterlocutory AppealEmployer LiabilityWage Withholding
References
11
Case No. MISSING
Regular Panel Decision

In re Peter F.

This case involves an appeal from an order of the Family Court of Ulster County, which terminated respondent's parental rights over his son, Peter F., on the grounds of abandonment pursuant to Social Services Law § 384-b. The respondent, Peter F.'s father, had a history of sexual abuse and neglect towards Peter's older sister, leading to supervised visitation with Peter and eventually Peter's placement in foster care. The petitioner, a social services agency, initiated proceedings after alleging respondent failed to plan for Peter's return, visit the child, or keep the agency informed of his whereabouts. The Family Court found clear and convincing evidence of abandonment during the six months prior to the petition's filing, as respondent made no attempts to contact the petitioner, and that he was not discouraged from doing so. The Appellate Division affirmed this decision, rejecting respondent's argument that petitioner bore the burden to prove lack of good cause for non-contact. The court reiterated that once abandonment is proven by the petitioner, the burden shifts to the respondent to demonstrate an inability to maintain contact or being prevented/discouraged from doing so, a burden the respondent failed to meet despite various claims of calling the caseworker, address changes, and a hernia operation. The Appellate Division found the Family Court's credibility determinations were well-supported by the record.

Parental Rights TerminationChild AbandonmentSocial Services LawAppellate ReviewFamily Court JurisdictionUlster CountyFoster CareChild WelfareBurden of ProofCredibility Determinations
References
11
Case No. 2015-02-0209
Regular Panel Decision
Dec 21, 2015

Peters, James v. Johnathan Mitchell d/b/a A Clean Connection, LLC

James Peters, an alleged employee, sought medical and temporary disability benefits after suffering a fall at work. The central legal issue was whether Mr. Peters was an employee or an independent contractor of Johnathan Mitchell d/b/a/ A Clean Connection, LLC. The court found that A Clean failed to meet its burden of proving Mr. Peters was an independent contractor, thus establishing an employment relationship for the purpose of the expedited hearing. Regarding medical treatment, while Mr. Peters suffered a foot sprain, the authorized treating physician, Dr. Kent Lord, had not provided a causation statement. Consequently, the court ordered A Clean to authorize a return appointment for Mr. Peters with Dr. Lord to obtain a causation opinion, and if causation is established, A Clean must provide all reasonably necessary medical treatment. Decisions on prior emergency room benefits and temporary disability benefits were reserved pending this causation opinion.

Employee Classification DisputeExpedited Medical Benefits HearingWorkers' Compensation Act TennesseeRight Foot SprainCausation DeterminationTreating Physician OpinionTemporary Disability Benefits ReservedLadder Fall InjuryAurora Casket CompanyA Clean Connection LLC
References
10
Case No. MISSING
Regular Panel Decision

Ellis v. Peter

This case addresses whether a physician owes a duty of care which extends to a patient's spouse who contracts tuberculosis due to the physician's alleged negligent failure to properly diagnose the disease in the patient. The plaintiffs, John and Joan Ellis, sued Dr. Sebastian A. Peter for medical malpractice. The wife, Joan Ellis, alleged negligence for failure to warn her about her husband's infectious condition. The court held that New York State law does not impose a statutory or common-law duty upon a physician for the benefit of those who may contract such a disease from the patient, as a physician's duty is ordinarily owed to the patient, not the community at large. Therefore, the order was reversed, the plaintiffs' motion to strike defenses was denied, and the defendant's cross-motion to dismiss the wife's second and fourth causes of action was granted.

medical malpracticephysician's duty of carenegligencecommunicable diseasetuberculosisforeseeabilitystatutory dutycommon lawpatient spousezone of risk
References
21
Case No. MISSING
Regular Panel Decision

Laura G. v. Peter G.

This case addresses the paternity and child support obligations of a husband, Peter G., for a child, Alyssa, conceived through artificial insemination during his marriage to Laura G. The separation agreement initially absolved Peter G. of financial responsibility for Alyssa, which the court previously deemed void against public policy. The central issues were whether strict compliance with Domestic Relations Law § 73 for artificial insemination consent was required, and if Peter G. was responsible for child support based on consent or equitable estoppel. The court found that strict compliance with DRL § 73 was not required, and clear and convincing evidence showed Peter G.'s consent to the insemination. Furthermore, the court applied the doctrine of equitable estoppel, citing Peter G.'s actions and representations, and the best interests of the child, to hold him responsible for child support.

Artificial InseminationPaternityChild SupportEquitable EstoppelDomestic Relations LawFamily Court ActParental ObligationVasectomySeparation AgreementConsent
References
13
Case No. MISSING
Regular Panel Decision

Peters v. Reliance Standard Life Insurance Co.

Reginald Peters initiated a lawsuit against Reliance Standard Life Insurance Company after they ceased his long-term disability payments. This cessation occurred because Peters had previously entered into a settlement agreement with his employer, Averitt Express, Inc., which included a general release of Averitt and its insurers from future liability. Peters argued that Reliance, not being specifically named in the settlement, was still obligated to pay benefits. The court, presiding over an ERISA-governed claim, applied federal common law to assess the validity of the release. It concluded that the agreement's broad language, which encompassed Averitt's insurers and long-term disability benefits, did include Reliance. Citing adequate consideration and Peters's legal representation, the court granted Reliance's motion to dismiss, barring Peters's claim.

Disability BenefitsERISAMotion to DismissSettlement AgreementRelease of ClaimsFederal Common LawWaiver ValidityLong-Term DisabilityInsurer LiabilityFifth Circuit Law
References
29
Case No. MISSING
Regular Panel Decision

Mandel v. United States Office of Personnel Management

Michael Mandel sued the United States Office of Personnel Management (OPM) and two individual defendants, McCann and Crandell, alleging violations of the Privacy Act. The lawsuit stemmed from OPM's disclosure of Mandel's employment records to his former supervisors during an appeal to the Merit Systems Protection Board (MSPB), where Mandel challenged OPM's negative suitability determination for federal employment due to alleged falsification of records. Mandel moved for summary judgment, arguing OPM's disclosure was unlawful and caused him emotional distress and pecuniary loss, while defendants cross-moved, asserting a 'routine use' exception and lack of causation. The court denied Mandel's motion and granted the defendants' cross-motion, ruling that the disclosure fell within the Privacy Act's 'routine use' exception. Furthermore, the court found Mandel failed to establish a causal connection between the disclosure and his claimed adverse effects, concluding that his own falsification of documents was the cause. Finally, the claims against the individual defendants were dismissed as the Privacy Act does not permit suits against individuals.

Privacy ActSummary JudgmentRoutine Use ExceptionFederal EmploymentSuitability DeterminationMSPB AppealFalsification of DocumentsInformation DisclosureAdverse EffectCausal Connection
References
17
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