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Case Law Database

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

Case No. MISSING

Regular Panel Decision

Aug 27, 2003

Davis Mountains Trans-Pecos Heritage Ass'n v. United States Air Force

Plaintiffs, including the Davis Mountains Trans-Pecos Heritage Association and individual landowners, challenged the United States Air Force's Realistic Bomber Training Initiative (RBTI) under the National Environmental Policy Act (NEPA) and the Noise Control Act (NCA). They alleged failures in adequately considering environmental impacts, evaluating alternatives, responding to public comments, and implementing mitigation measures. The Court denied Plaintiffs' motion for summary judgment and granted Defendants' cross-motion for summary judgment, concluding that the Air Force had taken a 'hard look' at environmental consequences, sufficiently addressed public concerns, and complied with NEPA's procedural requirements regarding alternatives, mitigation, and FAA involvement. The Court found the agency's decisions were not arbitrary, capricious, or an abuse of discretion.

Environmental LawNEPANoise Control ActSummary JudgmentAdministrative Procedure ActJudicial ReviewAir Force TrainingEnvironmental Impact StatementRecord of DecisionAirspace Management

References

Case No. No. 05-20-00835-CV

Regular Panel Decision

Feb 18, 2022

G Force Framing LLC, Kerry Graves, Kerry Graves on Behalf of G Force Framing LLC, and Kerry Graves D/B/A G Force Framing v. MacSouth Forest Products, L.L.C. v. Stoneleigh Construction Company, LLC, SC Switchyard, LLC, XL Specially Insurance Company and Travelers Surely and Casually Company

G Force Framing LLC (G Force) and Kerry Graves appealed the trial court's final judgment from Dallas County, Texas, which had dismissed G Force's claims and discharged its mechanic's liens. The trial court ruled based on G Force's prior tax forfeiture and alleged lack of capacity to sue. The Court of Appeals reversed, holding that G Force was not a 'terminated entity' under the Texas Business Organizations Code because its tax forfeiture was eventually set aside, thus allowing it to pursue its claims. The appellate court also found the indemnity bonds filed by Stoneleigh Construction Company, LLC were insufficient to discharge the mechanic's liens. However, the court affirmed the dismissal of Graves's individual claims as they belonged solely to the corporation.

Tax ForfeitureCorporate ReinstatementCapacity to SueSummary JudgmentRule 91a Motion to DismissMechanic's LiensIndemnity BondsStatutory InterpretationTexas Business Organizations CodeTexas Tax Code

References

Case No. MISSING

Regular Panel Decision

Edwards v. Jet Blue Airways Corp.

Glenn Edwards initiated a putative class action against Jet Blue Airways Corporation, alleging violations of New York Labor Law, article 19, § 650 et seq., concerning overtime compensation. Edwards claimed that Jet Blue failed to pay him at 1.5 times his regular rate for hours worked beyond 40 that were exchanged with coworkers. Jet Blue sought to dismiss the complaint, asserting an exemption under the Fair Labor Standards Act (FLSA) § 213 (b) (3) for air carriers, which it argued was incorporated into New York's 12 NYCRR 142-2.2. The court acknowledged the applicability of the FLSA exemption to Edwards due to Jet Blue's status as an air carrier. However, the court ruled that 12 NYCRR 142-2.2 still mandates overtime pay at 1.5 times the basic minimum hourly rate for exempt employees, which in this context means their regular pay rate plus one half times the New York State minimum wage. Finding that Edwards' complaint sufficiently alleged inadequate overtime compensation under New York law based on this calculation, the court denied Jet Blue's motion to dismiss.

Class actionOvertime payLabor LawFair Labor Standards Act (FLSA)Railway Labor Act (RLA)Minimum wageAir carrier exemptionWage and hour disputeMotion to dismissNew York employment law

References

Case No. 14-01-01143-CR, 14-01-01144-CR

Regular Panel Decision

Jan 09, 2003

Edwards v. State

Appellant Michael Jerome Edwards was convicted of improper sexual activity with a person in custody and sexual assault, offenses that occurred during a prisoner transport. On appeal, Edwards challenged the sufficiency of evidence regarding venue, the State's closing argument, whether he was an 'employee' of the Harris County Jail, and whether he used or threatened physical force. The Court of Appeals of Texas, Houston (14th Dist.), affirmed the convictions. The court found sufficient evidence to establish venue in Harris County, dismissed the objection to the State's argument as waived, and determined that Edwards qualified as an 'employee' of the Harris County Jail under existing legal precedent. Furthermore, it concluded that ample evidence supported the finding that Edwards used threats of physical force or violence to compel the complainant's submission.

Sexual AssaultImproper Sexual ActivityIn Custody OffenseVenueEmployee StatusThreats of ForceAppellate ReviewCriminal ConvictionTexas LawPrisoner Transport

References

Case No. No. 05-11-01377-CV

Regular Panel Decision

Apr 09, 2014

Noell, David W., City of Carrollton, Carrollton Property Standards Board, Crow-Billingsley Air Park, LTD, Henry Billingsley v. Air Park Common Area Preservation Association, Chad Maisel, Amy Eklund, and Dale Burgdorf

This case involves a dispute between homeowners of Air Park Dallas, a residential airpark community, and a real estate developer (Crow-Billingsley Air Park, Ltd. and Henry Billingsley), the Air Park Zoning Committee, and the City of Carrollton. The homeowners sued after the City ordered the airpark’s airport closed following its annexation of a portion of the airport and the passage of a regulating ordinance. The trial court initially found the ordinance facially valid but the closure order invalid, granting declaratory and injunctive relief to homeowners against the City and against the developer for breach of contract, fiduciary duty, and interference with easements. On appeal, the Court of Appeals affirmed the invalidation of the closure order but reversed the finding that the ordinance was facially valid, remanding claims concerning its constitutionality. The court also affirmed most of the jury’s findings against the developer and Zoning Committee, modifying only a specific part of the injunction.

Property RightsZoning OrdinanceEasementsBreach of ContractFiduciary DutyMunicipal LawConstitutional LawDue ProcessVagueness DoctrineAirport Regulation

References

Case No. 06-12-00016-CV

Regular Panel Decision

Oct 02, 2012

in the Matter of the Marriage of Betty Janis Edwards and Marvin Laverl Edwards

Marvin Laverl Edwards appealed a trial court's property division in his divorce from Betty Janis Edwards. Betty was awarded reimbursement for the enhanced value of Laverl's separate real estate and for the value of cattle purchases, as well as appellate attorney's fees. Laverl challenged these awards, arguing Betty failed to establish the portion of enhanced value attributable to her separate funds, and that the cattle funds were commingled community property. The appellate court affirmed the trial court's judgment, finding sufficient evidence supported the reimbursement for the enhanced property value to the community estate, and that any mischaracterization of cattle funds as separate property was harmless as Betty was awarded half the net value. The court also upheld the conditional award of appellate attorney's fees to Betty.

DivorceProperty DivisionCommunity PropertySeparate PropertyReimbursementEnhanced ValueAppellate Attorney's FeesTexas Family LawMarital EstateEquitable Lien

References

Case No. 14-01-01143-CR and 14-01-01144-CR (Trial Court Cause Nos. 862,982 and 827,178)

Regular Panel Decision

Jan 09, 2003

Edwards, Michael Jerome v. State

Appellant Michael Jerome Edwards was convicted of improper sexual activity with a person in custody and sexual assault. He was sentenced to two years for the first offense and ten years for sexual assault. The offenses occurred during a transport from Corpus Christi to Houston, where Edwards, a transportation agent, sexually assaulted the complainant. On appeal, Edwards challenged the sufficiency of evidence regarding venue in Harris County and his employee status with the Harris County Jail, as well as the use of force in the sexual assault. The court affirmed the trial court's judgment, finding sufficient evidence for all points and overruling the appellant's points of error.

Sexual AssaultImproper Sexual ActivityPerson in CustodyVenue DisputeEmployee StatusAgency LawPhysical ForceThreatened ForceJury ArgumentAppellate Review

References

Case No. 06-21-00083-CV

Regular Panel Decision

Mar 29, 2022

Sugar Land Urban Air, LLC, UATP Management, LLC, Zoya Enterprises, Ltd., and UA Holdings, LLC v. Hamza Lakhani

Hamza Lakhani, an appellee, initiated a personal injury lawsuit against Sugar Land Urban Air, LLC and several other entities (appellants) after suffering injuries at an adventure park. The appellants sought to compel arbitration based on a release signed by Lakhani. The trial court denied this motion. On appeal, the court affirmed the denial for UATP, Zoya, and UA, concluding no valid arbitration agreement existed between them and Lakhani. However, the court found the arbitration agreement enforceable against Sugar Land Urban Air, LLC, but severed a provision that prohibited the award of punitive or exemplary damages, deeming it unconscionable. The case was subsequently reversed and remanded to the trial court with instructions to compel arbitration for Lakhani's claims against Sugar Land Urban Air, LLC, consistent with the modified agreement.

ArbitrationPersonal InjuryContract LawUnconscionabilityPunitive DamagesExemplary DamagesSeverability ClauseFederal Arbitration Act (FAA)Gross NegligenceAppellate Decision

References

Case No. In re U.S. Air Duct Corporation

Regular Panel Decision

Mazur v. U. S. Air Duct Corp. (In Re U. S. Air Duct Corp.)

The case involves the Sheet Metal Workers International Association, Local No. 58 (the Association) seeking to recover fringe benefits and wage supplement contributions from U.S. Air Duct Corporation (the Debtor) and its president, Franklin E. Bean (the Non-Debtor). The Association initiated an action in New York Supreme Court, which was subsequently stayed when the Debtor filed for Chapter 7 bankruptcy. The Non-Debtor removed the state-court proceeding to the Bankruptcy Court, prompting the Association to move for its remand. The Bankruptcy Court denied the Association's motion, asserting jurisdiction over the claim against the Non-Debtor based on its relation to the Title 11 case and the joint and several liability under New York Labor Law Section 198-c. The court also affirmed the permissibility of removal by "any party" under 28 U.S.C. 1478(a).

BankruptcyChapter 7RemovalRemandJurisdictionLabor LawFringe BenefitsWage SupplementsCorporate Officer LiabilityJoint and Several Liability

References

Case No. MISSING

Regular Panel Decision

L. B. Smith, Inc. v. Circle Air Freight Corp.

Defendant and third-party plaintiff Circle Air Freight Corp. moved to dismiss two affirmative defenses raised by third-party defendant Iberia Air Lines of Spain. The court denied the motion to strike the first affirmative defense, 'failure to state a cause of action,' as it is not subject to such a motion. Regarding the second affirmative defense, which asserted that the action was time-barred by the two-year period in Warsaw Convention article 29, Circle argued this period was inapplicable to contribution claims. However, the court ruled that Warsaw Convention article 29 constitutes an absolute condition precedent to suit, not merely a statute of limitations, and its two-year period applies broadly to all actions for damages, including those for contribution, overriding conflicting State laws. Consequently, Circle's motion to strike Iberia's second affirmative defense was also denied.

Warsaw ConventionContributionStatute of LimitationsCondition PrecedentAir Carrier LiabilityThird-Party ActionAffirmative DefenseDismissal MotionFederal SupremacyTreaty Interpretation

References

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Updated Daily

Case Law Database

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

Case No. MISSING

Regular Panel Decision

Aug 27, 2003

Davis Mountains Trans-Pecos Heritage Ass'n v. United States Air Force

Environmental LawNEPANoise Control ActSummary JudgmentAdministrative Procedure ActJudicial ReviewAir Force TrainingEnvironmental Impact StatementRecord of DecisionAirspace Management

References

Case No. No. 05-20-00835-CV

Regular Panel Decision

Feb 18, 2022

G Force Framing LLC, Kerry Graves, Kerry Graves on Behalf of G Force Framing LLC, and Kerry Graves D/B/A G Force Framing v. MacSouth Forest Products, L.L.C. v. Stoneleigh Construction Company, LLC, SC Switchyard, LLC, XL Specially Insurance Company and Travelers Surely and Casually Company

Tax ForfeitureCorporate ReinstatementCapacity to SueSummary JudgmentRule 91a Motion to DismissMechanic's LiensIndemnity BondsStatutory InterpretationTexas Business Organizations CodeTexas Tax Code

References

Case No. MISSING

Regular Panel Decision

Edwards v. Jet Blue Airways Corp.

Class actionOvertime payLabor LawFair Labor Standards Act (FLSA)Railway Labor Act (RLA)Minimum wageAir carrier exemptionWage and hour disputeMotion to dismissNew York employment law

References

Case No. 14-01-01143-CR, 14-01-01144-CR

Regular Panel Decision

Jan 09, 2003

Edwards v. State

Sexual AssaultImproper Sexual ActivityIn Custody OffenseVenueEmployee StatusThreats of ForceAppellate ReviewCriminal ConvictionTexas LawPrisoner Transport

References

Case No. No. 05-11-01377-CV

Regular Panel Decision

Apr 09, 2014

Noell, David W., City of Carrollton, Carrollton Property Standards Board, Crow-Billingsley Air Park, LTD, Henry Billingsley v. Air Park Common Area Preservation Association, Chad Maisel, Amy Eklund, and Dale Burgdorf

Property RightsZoning OrdinanceEasementsBreach of ContractFiduciary DutyMunicipal LawConstitutional LawDue ProcessVagueness DoctrineAirport Regulation

References

Case No. 06-12-00016-CV

Regular Panel Decision

Oct 02, 2012

in the Matter of the Marriage of Betty Janis Edwards and Marvin Laverl Edwards

DivorceProperty DivisionCommunity PropertySeparate PropertyReimbursementEnhanced ValueAppellate Attorney's FeesTexas Family LawMarital EstateEquitable Lien

References

Case No. 14-01-01143-CR and 14-01-01144-CR (Trial Court Cause Nos. 862,982 and 827,178)

Regular Panel Decision

Jan 09, 2003

Edwards, Michael Jerome v. State

Sexual AssaultImproper Sexual ActivityPerson in CustodyVenue DisputeEmployee StatusAgency LawPhysical ForceThreatened ForceJury ArgumentAppellate Review

References

Case No. 06-21-00083-CV

Regular Panel Decision

Mar 29, 2022

Sugar Land Urban Air, LLC, UATP Management, LLC, Zoya Enterprises, Ltd., and UA Holdings, LLC v. Hamza Lakhani

ArbitrationPersonal InjuryContract LawUnconscionabilityPunitive DamagesExemplary DamagesSeverability ClauseFederal Arbitration Act (FAA)Gross NegligenceAppellate Decision

References

Case No. In re U.S. Air Duct Corporation

Regular Panel Decision

Mazur v. U. S. Air Duct Corp. (In Re U. S. Air Duct Corp.)

BankruptcyChapter 7RemovalRemandJurisdictionLabor LawFringe BenefitsWage SupplementsCorporate Officer LiabilityJoint and Several Liability

References

Case No. MISSING

Regular Panel Decision

L. B. Smith, Inc. v. Circle Air Freight Corp.

Warsaw ConventionContributionStatute of LimitationsCondition PrecedentAir Carrier LiabilityThird-Party ActionAffirmative DefenseDismissal MotionFederal SupremacyTreaty Interpretation

References

Showing 1-10 of 8,808 results

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