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

Case No. 1:11-CV-330
Regular Panel Decision

Hamilton County Emergency Communications District v. Bellsouth Telecommunications, LLC

The case concerns multiple Emergency Communications Districts (ECDs) in Tennessee, led by Hamilton County ECD, suing BellSouth Telecommunications, LLC (d/b/a AT&T Tennessee) for allegedly under-billing, under-collecting, and under-remitting 911 emergency service charges. The plaintiffs asserted claims including violations of the Tennessee False Claims Act, the Emergency Communications District Law (ECD Law), breach of fiduciary duty, various misrepresentation claims (fraudulent, negligent, and concealment), and common law negligence, also seeking declaratory and injunctive relief. The court granted in part and denied in part the defendant's motion to dismiss, specifically dismissing claims related to the ECD Law (Count II) and negligence/negligence per se (Count VII). However, it allowed the False Claims Act, breach of fiduciary duty, misrepresentation, and declaratory/injunctive relief claims to proceed. The court also denied the plaintiffs' motion for partial summary judgment, deeming it premature.

911 Emergency ServicesTelecommunicationsTennessee False Claims ActEmergency Communications District LawBreach of Fiduciary DutyFraudulent MisrepresentationFraudulent ConcealmentNegligent MisrepresentationDeclaratory JudgmentPermanent Injunction
References
51
Case No. ADJ8191986; ADJ8717495
Regular
Nov 06, 2014

MICHAEL BEN GRAVES vs. MV TRANSPORTATION, ACE AMERICAN INSURANCE COMPANY, Administered by BROADSPIRE

The Workers' Compensation Appeals Board (WCAB) denied applicant Michael Ben Graves's emergency motion for a stay of proceedings. The WCAB found that no proceedings were currently pending before it, making the motion moot regarding appeals board actions. Furthermore, the applicant failed to demonstrate a connection between his pending Court of Appeal writ of review and the undecided vexatious litigant issue at the trial level, nor did he show irreparable harm. Consequently, the motion to stay trial-level proceedings was also denied.

Vexatious litigantEmergency motion for stayWorkers' Compensation Appeals BoardPetition for writ of reviewCourt of AppealPresiding workers' compensation administrative law judgeWCAB Rule 10782Pro se applicantSubstantial prejudiceIrreparable harm
References
0
Case No. 04-15-00287-CV
Regular Panel Decision
Jul 03, 2015

Cecil Adams and Maxine Adams v. Harris County and Christopher A. Prine, Clerk of the First Court of Appeals

This document is Rebecca Ross's response to Cecil and Maxine Adams's emergency motion for review of orders. Ross argues that the 269th Judicial District Court in Harris County had jurisdiction to enforce a previous mandate from the First Court of Appeal and to settle outstanding judgments. She asserts that the transfer of the case between district courts in Harris County was valid and that the orders issued by the 269th District Court are legitimate. Ross also defends the denial of summary judgment against her, stating she seeks a dollar-for-dollar credit from her deposit in an Interpleader Case towards a judgment in the Adams Tenancy Case. Ultimately, Ross requests the Court of Appeals to deny the Adams's emergency motion for review.

AppealJurisdictionMandate EnforcementInterlocutory AppealQuasi-judicial ImmunitySummary JudgmentMotion for ReviewAppellate ProcedureTrial Court AuthorityCase Transfer
References
6
Case No. 15-24-00133-CV
Regular Panel Decision
Jan 16, 2025

Insight Investments, LLC v. Stonebriar Commercial Finance LLC

This document is an Appellant’s Opposed Emergency Motion for Temporary Relief filed by Insight Investments, LLC. Insight is appealing a trial court order from the 380th District Court, Collin County, Texas, which mandated a supersedeas bond of $5,903,679.08. Insight argues that the underlying judgment primarily grants equitable relief and attorney’s fees, without specifying a monetary award for the breach of contract claim, and that the trial court's order was issued without a hearing. Insight initially posted a $500 cash deposit, believing it sufficient to cover attorney’s fees, and now seeks an emergency stay from the Fifteenth Court of Appeals to prevent execution of the judgment pending a review of the supersedeas amount.

Emergency MotionTemporary ReliefSupersedeas BondAppealBreach of ContractEquitable ReliefAttorneys' FeesTrial Court OrderAppellate ProcedureStay of Execution
References
20
Case No. MISSING
Regular Panel Decision

FLOTO v. Manhattan Woods Golf Enterprises, LLC

Plaintiff was fired from Manhattan Woods Golf Club after taking a day off for his dying mother's emergency brain surgery. He sued for FMLA violation and breach of contract. A jury awarded him damages for both claims. Defendants subsequently moved for judgment as a matter of law, arguing the plaintiff failed to adduce evidence that he qualified for FMLA leave. The court granted the defendants' motion regarding the FMLA claim (Count I), finding insufficient evidence that the plaintiff was 'needed to care for' his mother as per FMLA regulations, and dismissed the claim. The motion for reduction of FMLA damages became moot. However, the court denied the defendants' motion for judgment as a matter of law on the breach of contract claim (Count II), upholding the jury's finding that the employer lacked 'reasonable cause' to terminate the plaintiff's employment.

FMLABreach of ContractJudgment as a Matter of LawEmployment LawEmployee TerminationFamily and Medical LeavePsychological CareDamagesPost-trial MotionsRule 50
References
8
Case No. MISSING
Regular Panel Decision
Dec 15, 2015

Nance v. Crockett County

Jerry A. Nance sued Crockett County, Tennessee, for violations of the Fair Labor Standards Act (FLSA), alleging unpaid overtime and compensatory time. Both Nance and the County filed cross-motions for partial summary judgment. The court denied the County's motion, finding genuine issues of material fact regarding willfulness of the alleged FLSA violations and Nance's eligibility for the 480-hour compensatory time limit due to his emergency response duties. The court also denied Nance's motion for summary judgment on overtime liability and liquidated damages, citing factual disputes over the actual overtime hours worked and the accuracy of his records. Consequently, both parties' motions for partial summary judgment were denied, and the case will proceed to trial.

FLSAOvertimeCompensatory TimeSummary JudgmentStatute of LimitationsWillfulnessEmergency ServicesPublic EmploymentWage and HourEmployment Law
References
41
Case No. MISSING
Regular Panel Decision
May 06, 2004

In Re CEI Roofing, Inc.

This case concerns an emergency motion filed by CEI Roofing, Inc. and its affiliated debtors, undergoing Chapter 11 bankruptcy, to authorize the payment of pre-petition employee wages and benefits. The motion, seeking relief under Sections 105(a) and 363(b) of the Bankruptcy Code, was granted by Judge Harlin D. Hale. The court permitted the debtors to pay employee payroll obligations and maintain various benefit programs, including health plans, retirement benefits, and workers' compensation. The decision emphasized the necessity of these payments for preserving the debtors' going-concern value and was supported by the consent of the secured creditor, aligning with the Bankruptcy Code's priority scheme for such claims.

Chapter 11Emergency MotionEmployee ObligationsWage ClaimsBenefit ProgramsPriority ClaimsCash CollateralGoing Concern ValueBankruptcy Code SectionsCritical Vendors Doctrine
References
8
Case No. MISSING
Regular Panel Decision

Aegis Insurance Services, Inc. v. Seven World Trade Center Co.

Seven World Trade Company, L.P. and Silverstein Properties, Inc. (Silverstein), owner and developer of 7 World Trade Center, filed a third-party action seeking indemnification and contribution from various design and construction firms. These firms were involved in building emergency generator and fuel systems for both the City's Office of Emergency Management (OEM) and Citigroup within 7WTC, as well as providing engineering services directly to Silverstein. The court granted motions to dismiss brought by the OEM Design and Construction Defendants, citing immunity under the New York State Defense Emergency Act (SDEA). The Citigroup Design and Construction Defendants also had their motions to dismiss granted, as the court found they owed no duty of care to Silverstein and that Silverstein had assumed the associated risks through its lease agreement with Citigroup. Finally, the third-party complaints against Irwin Cantor and Syska & Hennessy, Inc., for direct engineering services, were dismissed without prejudice for failing to meet heightened pleading standards under McKinney’s CPLR Rule 3211(h).

Third-Party ActionMotions to DismissIndemnificationContributionNegligenceSDEA ImmunityCivil DefenseAssumption of RiskContractual PrivityArchitectural Liability
References
24
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. 15-25-00116-CV
Regular Panel Decision
Jun 30, 2025

Ken Paxton, in His Official Capacity as Attorney General for the State of Texas and the Office of the Attorney General for the State of Texas v. Delia Garza, in Her Official Capacity as Travis County Attorney; John Creuzot, in His Official Capacity as Dallas County Criminal District Attorney; And Brian Middleton, in His Official Capacity as District Attorney of Fort Bend County (268th Judicial District)

This emergency motion seeks to stay the enforcement of new rules (1 TEX. ADMIN. CODE ch. 56) adopted by the Attorney General, which impose onerous reporting requirements on district and county attorneys in large Texas counties. The trial court had temporarily enjoined these rules, but the Attorney General's appeal automatically superseded the injunction. Appellees argue the rules are invalid due to lack of statutory authority, violation of separation of powers, and improper procedure. They also contend that complying with the rules would cause irreparable harm by diverting significant resources and forcing the disclosure of confidential and privileged information, while the Attorney General would suffer no prejudice from a stay. They seek a temporary order from the Fifteenth Court of Appeals to preserve the status quo pending appeal.

Emergency MotionTemporary ReliefStay of EnforcementAdministrative RulesAttorney General AuthoritySeparation of PowersProsecutorial DiscretionConfidential InformationUnfunded MandateFiscal Impact
References
34
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