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

Case No. 14-08-00836-CV
Regular Panel Decision
Feb 23, 2010

Ashleigh Elise Teel v. Kenneth Richard Shifflett

This case involves an appeal concerning the constitutionality of sections 81.001 and 85.001 of the Texas Family Code, which pertain to protective orders and the absence of a jury trial for their issuance. Appellant Ashleigh Elise Teel contended that prohibiting a jury trial in such cases violates her rights under Article V, Section 10 of the Texas Constitution. The concurring opinion agrees with the majority's decision to overrule Teel's challenge but differs on the reasoning regarding the preservation of the issue. The opinion upholds the statutes' constitutionality, citing precedent like *Williams v. Williams*, and explains that the legislature intended for protective orders to be issued promptly, necessitating a hearing within 14 days, which is incompatible with the 30-day notice requirement for a jury trial. Therefore, the immediate nature of family protective orders justifies the legislative framework, and no constitutional guarantee to the appellant was violated.

Protective OrderFamily ViolenceJury Trial RightsConstitutional ChallengeTexas Family CodeAppellate ReviewStatutory InterpretationTimelinessDue ProcessCivil Procedure
References
8
Case No. MISSING
Regular Panel Decision

North Star Reinsurance Corp. v. Continental Insurance

The court addresses the novel legal issue of "preindemnification" and the application of the "antisubrogation rule" in cases involving disputes among insurance carriers over work site injuries. It rejects the "preindemnification" doctrine, which contractors asserted would prioritize owners' insurance coverage over their own, citing lack of support from contractual language, premium disparities, or common-law indemnification principles. However, the court affirms and extends the narrower antisubrogation rule, preventing an insurer from seeking recovery from its own insured for the same risk, even when multiple policies are involved. This rule is applied to bar subrogation claims in the cases of Prince and Valentin, but not in North Star due to specific policy exclusions.

Insurance LawIndemnificationSubrogationPreindemnification DoctrineAntisubrogation RuleWorkers' CompensationGeneral Contractors' Liability (GCL) InsuranceOwners' Contractors' Protective (OCP) InsuranceVicarious LiabilityContractual Obligation
References
29
Case No. MISSING
Regular Panel Decision

United States Fidelity & Guaranty Co. v. Slaughter

R.B. Slaughter, an employee of Basin Testers, Inc., tragically died after a fall in a company shower. His widow subsequently filed a claim for death benefits under the Texas Workers' Compensation Act, which the trial court granted. The insurance company appealed this decision, raising concerns about the admissibility of a res gestae statement and challenging the sufficiency of evidence to prove Slaughter was within the course and scope of his employment. However, the appellate court affirmed the original judgment, concluding that ample independent evidence existed, even without the disputed statement, to establish Slaughter's eligibility for benefits under the personal convenience doctrine.

Workers' CompensationDeath BenefitsPersonal Convenience DoctrineCourse of EmploymentScope of EmploymentRes GestaeHearsayLegal SufficiencyFactual SufficiencyAppellate Review
References
11
Case No. MISSING
Regular Panel Decision

Gore v. Amoco Production Co.

This case concerns a common law personal injury action brought by an employee against her employer. The plaintiff was injured after falling over a roll of carpeting at work and subsequently received a settlement from the employer's compensation carrier under the Texas Workers’ Compensation Act. Despite this, she asserted a common law action, arguing the employer was liable in a dual capacity as both employer and occupier of the premises. The trial court granted summary judgment for the employer, citing the exclusivity provisions of the Workers' Compensation Act. The appellate court affirmed this decision, rejecting the 'dual capacity' doctrine based on strong precedent from Cohn v. Spinks Industries, Inc., which emphasized that the Workers' Compensation Law represents the exclusive remedy in Texas.

Dual Capacity DoctrineWorkers' Compensation ActExclusivity ProvisionCommon Law ActionSummary JudgmentPersonal InjuryEmployer LiabilityPremises LiabilityAppellate ReviewLegal Precedent
References
3
Case No. 10-0121
Regular Panel Decision
Jun 21, 2013

the Finance Commission of Texas, the Credit Union Commission of Texas, and Texas Bankers Association v. Valerie Norwood, Elise Shows, Maryann Robles-Valdez, Bobby Martin, Pamela Cooper, and Carlos Rivas

Justice Johnson dissents from parts III and IV of the Court's opinion and its judgment. The case involves six homeowners who sued the Finance and Credit Union Commissions' interpretations of home equity lending provisions. The homeowners challenged seventeen interpretations, but the dissenting justice argues they failed to allege specific injuries or demonstrate standing. The justice contends that the Court's decision constitutes an advisory opinion and that the case should be remanded to the trial court to allow the homeowners an opportunity to replead and establish jurisdiction, aligning with constitutional separation of powers and open courts provisions which preclude advisory opinions.

Texas Supreme CourtDissentStandingJurisdictionHome Equity LoansAdministrative Procedure ActDeclaratory Judgments ActAdvisory OpinionConstitutional LawSeparation of Powers
References
16
Case No. MDL No. 1038
Regular Panel Decision
Aug 26, 2002

In Re Norplant Contraceptive Products Liability Litigation

This multidistrict products liability action involved thousands of plaintiffs alleging injuries from the Norplant contraceptive device against American Home Products Corporation and its subsidiaries. The court considered two motions for partial summary judgment. The first, concerning the 'learned intermediary doctrine' and 26 primary side effects, was granted in part and denied for 10 plaintiffs whose cases were governed by New Jersey law due to an advertising exception. The second motion, addressing over 950 'exotic conditions' for which no causation evidence was presented, was granted against all plaintiffs. Ultimately, the court granted summary judgment against 2,960 plaintiffs, effectively concluding the MDL proceedings for the majority of the non-settling cases.

Products LiabilityNorplantContraceptive DeviceLearned Intermediary DoctrineCausationSummary JudgmentMultidistrict LitigationFailure to WarnPharmaceuticalsTexas Law
References
61
Case No. MISSING
Regular Panel Decision

Blum v. General Electric Co.

This is a consolidated action brought by 211 plaintiffs, both American and German, against Lucent Technologies, Inc., General Electric Company, Raytheon Company, and Honeywell International, Inc. The plaintiffs, members of German or American armed forces, allege exposure to dangerous levels of ionizing radiation from radar systems, causing various types of cancers. Defendants moved to sever and dismiss the German plaintiffs' claims based on the doctrine of *forum non conveniens*, arguing that Germany is a more convenient forum. The Court granted in part and denied in part the motion. It denied dismissal for German plaintiffs who alleged a connection to Fort Bliss or other U.S. military bases, citing U.S. local interest, but granted dismissal for German plaintiffs with no alleged connection to the United States.

Forum Non ConveniensSeveranceDismissalConsolidated ActionGerman PlaintiffsAmerican PlaintiffsRadar SystemsIonizing RadiationProduct LiabilityMilitary Training
References
32
Case No. MISSING
Regular Panel Decision

International Ass'n of Firefighters Local 3858 v. City of Germantown

This case involves the International Association of Firefighters Local 3858 (Association) suing the City of Germantown and its officials for their refusal to recognize the union and deduct membership dues from firefighters' wages, as per Tennessee Code Annotated § 7-51-204. The Association moved for partial summary judgment, asserting the statute mandated dues deduction. Defendants cross-moved for summary judgment, arguing the statute was unconstitutional. The court found that the Association qualified as an 'employee association' under the statute's plain meaning. However, it ruled that T.C.A. § 7-51-204(b), which selectively exempted certain counties based on population, violated the equal protection guarantees of both the U.S. and Tennessee Constitutions. Due to the inapplicability of the elision doctrine, the entire statute was struck down, leading to the denial of the Plaintiff's motion and the granting of the Defendants' motion.

Summary JudgmentEqual ProtectionStatutory InterpretationUnion DuesFirefighters AssociationT.C.A. § 7-51-204Constitutional LawState ConstitutionsFederal ConstitutionsLegislative Intent
References
47
Case No. Sumner Circuit No. 15078-C, C.A. No. 01A01-9709-CV-00492
Regular Panel Decision
Jul 29, 1998

Benny Blankenship v. Estate of Joshua Bain

The central issue in this case is whether the Tennessee TennCare Program's statutory subrogation and/or assignment provisions are subject to the common law 'made whole' doctrine. Plaintiffs Benny and Sheila Blankenship, TennCare enrollees, were involved in an automobile accident, incurring substantial medical expenses, partially paid by TennCare. After settling with the at-fault party's insurer for less than their total damages, the Blankenships successfully argued in the trial court that TennCare's subrogation claim was barred by the 'made whole' doctrine. However, the Court of Appeals reversed this decision, asserting that statutory subrogation, unlike contractual subrogation, does not implicitly incorporate the 'made whole' doctrine unless explicitly stated in the statute. The court further clarified that while the state's right of subrogation is not subject to the 'made whole' doctrine, it is subject to the ordinary and reasonable attorney's fees incurred by the recipients.

SubrogationTennCareMade Whole DoctrineStatutory InterpretationMedicaidWorkers' CompensationAutomobile AccidentMedical ExpensesAttorney FeesEquitable Principles
References
7
Case No. MISSING
Regular Panel Decision

Kelley v. Alexander

Selma Kelley and her husband, John Kelley, appealed a summary judgment granted in favor of Mrs. Helen C. Alexander, d/b/a Beekman’s Roto-Rooter Sewer Service. Mrs. Kelley had fallen into a hole dug by Alexander's employees on her property. The trial court based its summary judgment on the doctrine of assumed risk, finding the danger of the hole open and obvious to Mrs. Kelley. The Kelleys argued that the 'rescue doctrine' should apply, as Mrs. Kelley was attempting to cover the hole to protect young neighborhood children who frequently played in her yard. The appellate court affirmed the summary judgment, concluding that the 'rescue doctrine' was not timely raised and, furthermore, was inapplicable because no one was in imminent peril at the time Mrs. Kelley fell. A dissenting opinion argued that Mrs. Kelley was acting under a legal duty as a landowner to protect the children, which should preclude the application of the voluntary assumption of risk doctrine.

Assumed RiskVolenti Non Fit InjuriaRescue DoctrineContributory NegligenceSummary Judgment AppealLandowner LiabilityPremises LiabilityOpen and Obvious DangerPersonal InjuryTexas Law
References
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