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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

Mustang Pipeline Co. v. Driver Pipeline Co.

This case concerns a breach of contract dispute between Mustang Pipeline Co. (Mustang) and Driver Pipeline Co. (Driver) regarding a pipeline construction project. Mustang sued Driver for failing to complete work timely, while Driver counterclaimed for wrongful termination. The jury initially found both parties breached, but the Supreme Court of Texas clarified that an express jury finding on materiality is not required when 'time is of the essence,' determining Driver's breach was material as a matter of law. This discharged Mustang from its obligations, invalidating the wrongful termination claim. However, Mustang failed to provide sufficient evidence that its claimed damages were reasonable and necessary. Consequently, the Supreme Court reversed the lower court's judgment for Driver, rendered judgment that Driver take nothing, and reversed the award of attorney's fees to Driver, upholding the denial of damages to Mustang.

Breach of ContractMaterial BreachTime is of the EssenceWrongful TerminationContract DamagesReasonableness of CostsAttorney's FeesJury InstructionsAffirmative DefenseJudgment Notwithstanding Verdict
References
12
Case No. 06-00-00053-CV
Regular Panel Decision
Feb 13, 2002

Driver Pipeline Company, Inc. v. Mustang Pipeline Company, Inc.

This appeal involves a breach of contract dispute between Driver Pipeline Company, Inc. (Appellant) and Mustang Pipeline Company, Inc. (Appellee) concerning a pipeline construction project. Driver was contracted to build a pipeline but faced delays, leading Mustang to terminate the contract and hire another company. At trial, the jury found Driver breached the contract but also that Mustang was not justified in its termination. The trial court subsequently granted a judgment notwithstanding the verdict (JNOV) on Mustang's damage award, citing a lack of evidence for reasonable and necessary costs. The Sixth Appellate District of Texas at Texarkana affirmed the trial court's judgment. The appellate court upheld the JNOV on Mustang's damages and sustained the jury's finding that Mustang's termination was unjustified, while Driver's appeal regarding a statutory mineral lien was not preserved for review.

Breach of ContractConstruction LawAppellate ReviewJudgment Notwithstanding the VerdictDamagesReasonable and Necessary CostsMaterial BreachTermination of ContractFactual SufficiencyLegal Sufficiency
References
50
Case No. 2021 NY Slip Op 04070
Regular Panel Decision
Jun 24, 2021

Matter of Cisnero v. Independent Livery Driver Benefit Fund

Claimant Jeffrey Cisnero, an independent livery driver, sustained injuries when he was shot during a dispatch. He filed a claim for workers' compensation benefits, which was initially disallowed by a WCLJ but later reversed by the Workers' Compensation Board, finding coverage through the Independent Livery Driver Benefit Fund (ILDBF). The carrier appealed, arguing misinterpretation of the relevant statutes, particularly Executive Law § 160-ddd (1). The Appellate Division, Third Department, affirmed the Board's decision, determining that Cisnero's injuries arose out of and in the course of providing covered services as an independent livery driver dispatched by an ILDBF member. The court found that the vehicle's attenuated affiliation with the New York Black Car Operators' Injury Compensation Fund, Inc. did not alter ILDBF's liability.

Workers' CompensationLivery DriverIndependent ContractorBenefit FundAccidental InjuryCourse of EmploymentStatutory InterpretationExecutive LawWorkers' Compensation LawAppellate Review
References
3
Case No. MISSING
Regular Panel Decision

In Re Southern Electronics Co., Inc.

The debtor, Southern Electronics Company, Inc., filed for Chapter 11 bankruptcy and proposed to reject its collective bargaining agreement with the Communications Workers of America (CWA). The debtor argued that the seniority provisions of the agreement protected unproductive employees, contributing to financial losses. The court reviewed legal standards for rejecting such agreements, opting for a 'balancing of the equities' test. Despite concerns about the debtor's intransigence and lack of documentation for employee unproductivity, the court found the agreement burdensome due to potential arbitration costs and critical need for reorganization funds contingent on rejection. Ultimately, the court permitted the rejection of the agreement and confirmed the debtor's plan of reorganization, prioritizing the continuation of the business and the interests of current employees and unsecured creditors over the perpetuation of the collective bargaining agreement.

BankruptcyChapter 11Collective Bargaining AgreementContract RejectionLabor LawDebtor in PossessionSeniority ClauseUnfair Labor PracticeReorganization PlanEquities Balancing Test
References
14
Case No. MISSING
Regular Panel Decision

Driver Pipeline Co. v. Mustang Pipeline Co.

This is an appeal stemming from a breach of contract lawsuit between Mustang Pipeline Company, Inc. and Driver Pipeline Company, Inc. Mustang initially sued Driver for breach of contract after Driver failed to complete a pipeline project on schedule due to weather delays, leading Mustang to hire another contractor. Driver countersued for wrongful termination. A jury found Driver in breach but also found Mustang unjustified in terminating the contract, awarding damages to both parties. The trial court, however, granted a judgment notwithstanding the verdict (j.n.o.v.) in favor of Driver and its insurer, Seaboard Surety Company, disallowing Mustang's damages. Both Driver and Mustang appealed. Driver appealed the denial of a statutory mineral lien, while Mustang challenged the j.n.o.v. on damages and the jury's finding of unjustified termination. The appellate court affirmed the trial court's judgment, upholding the j.n.o.v. because Mustang failed to provide evidence that its completion costs were "reasonable and necessary," and also upheld the jury's finding of unjustified termination as the breach was not determined to be material.

Breach of ContractPipeline ConstructionJudgment Notwithstanding the Verdict (J.N.O.V.)Contract TerminationMaterial BreachDamages CalculationReasonable and Necessary CostsAppellate ReviewSufficiency of EvidenceTime is of the Essence Clause
References
51
Case No. MISSING
Regular Panel Decision

In re Arbitration between Arthur Murray, Inc. & Ricciardi

Justice Froessel dissents, advocating for the modification of the lower court's order. The petitioner seeks to stay arbitration concerning a dispute stemming from nine identical franchise agreements. Justice Froessel argues that the clear language of these agreements, coupled with the absence of a clause preventing unreasonable withholding of consent and the specific nature of the agreements, grants the petitioner the right to refuse consent to their assignment, citing several cases including Allhusen v. Caristo Constr. Corp. The dissenting opinion also asserts that the rule of good faith does not apply in this context. Consequently, it is argued that the portion of the dispute related to damages from the arbitrary withholding of consent to assignments is not arbitrable. Therefore, the orders of the court below should be modified to grant the petitioner's application to stay arbitration regarding the damages claim arising from the refusal to consent to the assignment of franchise agreements; otherwise, affirmed.

arbitration stayfranchise agreementsassignment of contractsconsent withholdingcontract interpretationgood faith rulenon-arbitrable claimsappellate reviewdissenting opinioncontractual rights
References
12
Case No. MISSING
Regular Panel Decision
Mar 19, 2002

Claim of Estate of Lutz v. Lakeside Beikirk Nursing Home

The case involves an appeal by a claimant from two Workers' Compensation Board decisions concerning a waiver agreement. The decedent, Beverly Lutz, her employer, and carrier had a proposed settlement agreement that was filed but not yet approved when she died. The Board, through Commissioner Tremiti, refused to honor the agreement after the carrier and Special Funds withdrew their consent. Although an approval notice was mistakenly issued, the Board later corrected it, ruling the agreement was never approved. The appellate court affirmed the Board's decision, holding that the Board had continuing jurisdiction to correct its error and that the withdrawal of consent by the carrier and Special Funds justified the disapproval of the agreement.

Workers' CompensationSettlement AgreementWaiver AgreementDeath BenefitsBoard ReviewJurisdictionConsent WithdrawalStatutory InterpretationRegulation ValidityAppellate Review
References
11
Case No. MISSING
Regular Panel Decision
Oct 31, 2013

Gottlieb v. Gottlieb

This dissenting opinion addresses an appeal and cross-appeal concerning the enforceability of a prenuptial agreement between a wealthy plaintiff (husband) and a defendant (wife). The defendant challenged the agreement, alleging overreaching and manifest unfairness during negotiations, while the plaintiff sought its enforcement. Although the motion court granted a trial on the maintenance waiver, it dismissed other counterclaims. Justice Feinman's dissent argues that summary judgment should be denied for all counterclaims, emphasizing the need for a full trial to assess the credibility of the parties and resolve material factual disputes regarding the plaintiff's conduct during negotiations and the agreement's potentially unfair terms, particularly highlighting the distinct legal standard of 'manifest unfairness' in marital agreements.

prenuptial agreementmarital agreementsummary judgmentunconscionabilitymanifest unfairnessoverreachingfiduciary dutyequitable distributionspousal maintenance waiverproperty distribution
References
46
Case No. MISSING
Regular Panel Decision
Aug 01, 2006

In Re Northwest Airlines Corp.

Northwest Airlines Corporation and its affiliates (Debtors) filed a motion under § 1113 of the Bankruptcy Code to reject a collective bargaining agreement with the Professional Flight Attendants Association (PFAA) after PFAA's membership failed to ratify a negotiated agreement. The Bankruptcy Court, presided over by Judge Allan L. Gropper, found that the rejection was necessary for the Debtors' reorganization. The court also determined that PFAA rejected the Debtors' proposal without good cause and that the balance of equities clearly favored rejection. Consequently, the court authorized the Debtors to reject the agreement and implement new terms, specifically those of the March 1 Agreement, with a fourteen-day stay to allow for further negotiation. This decision aims to facilitate the airline's financial restructuring and emergence from Chapter 11.

Bankruptcy LawCollective BargainingAirline ReorganizationLabor DisputeSection 1113 MotionUnion NegotiationsFlight AttendantsWage ConcessionsWork Rule ChangesGood Cause Standard
References
22
Case No. 2016-06-2328
Regular Panel Decision
Oct 16, 2017

Driver, Robert W. v. Triumph Group, Inc.

Mr. Robert W. Driver, a machinist, sustained a right knee injury after falling at work for Triumph Group, Inc. on February 10, 2016. Initial medical evaluations by Premise Health attributed his symptoms to pre-existing arthritis, leading to the denial of his workers' compensation claim. However, an orthopedic surgeon, Dr. Robert P. Landsberg, concluded that the work injury aggravated and advanced Mr. Driver's pre-existing degenerative knee condition. The Court found Triumph's employer-provided physician panel invalid due to non-compliance with statutory requirements. Based on the expert medical testimony, the Court deemed Dr. Landsberg's opinion more credible, finding Mr. Driver likely to prevail in establishing entitlement to medical benefits. Consequently, the Court granted Mr. Driver's request for a panel of orthopedists.

Workers' Compensation LawMedical BenefitsExpedited HearingKnee InjuryMeniscal TearPre-existing Condition AggravationMedical CausationPhysician Panel ComplianceOrthopedistsExpert Medical Testimony
References
4
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