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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

Stephenson v. Hotel Employees & Restaurant Employees Union Local 100

This is a dissenting opinion concerning an age discrimination lawsuit brought by Albert Stephenson and Leroy Hodge against the Hotel Employees and Restaurant Employees Union Local 100 and the Hotel Employees and Restaurant Employees International Union. The plaintiffs were fired in 1992, and a jury found in their favor, awarding substantial damages. The majority opinion reversed this verdict, but the dissenting judge, Mazzarelli, argues that the evidence presented at trial was legally sufficient to support the jury's finding of age discrimination. The dissent reviews the trial proceedings, jury instructions, evidentiary rulings, and damage awards, concluding that the jury had a rational basis for its decision. While affirming liability, the dissent suggests remanding the case for a collateral source hearing to determine potential offsets to the damages.

Age DiscriminationEmployment LawWrongful TerminationJury VerdictAppellate ReviewLegal SufficiencyBurden of ProofPretextDamagesFront Pay
References
22
Case No. MISSING
Regular Panel Decision

Nicoletta v. Hartnett

Petitioner, a contractor operating as Nicoletta Building Contractors, entered into a contract with the Village of Seneca Falls in September 1985 for construction work. In August 1986, an investigation by the Department of Labor revealed that petitioner had underpaid seven employees, violating prevailing wage and supplement requirements under Labor Law § 220. After an administrative hearing, the Hearing Officer's recommendation of willful violation, a 10% interest assessment, and a $1,175 civil penalty was adopted by the respondent. Petitioner challenged this determination regarding three employees, but the court confirmed the respondent's findings, citing substantial evidence and upholding the willfulness of the violation and the imposed penalties. The petition was dismissed.

Underpayment of wagesPrevailing wageLabor Law violationsWillful violationCivil penaltyAdministrative hearingJudicial reviewArticle 78Employer liabilityEmployee rights
References
3
Case No. 2016 NY Slip Op 08300 [145 AD3d 492]
Regular Panel Decision
Dec 08, 2016

Netzahuall v. All Will LLC

This case concerns an appeal regarding the denial of defendant Lime Light's cross-motion to dismiss common-law indemnification claims brought by defendant All Will LLC. The plaintiff, Gabriel Netzahuall, an employee of Lime Light, sustained injuries but not a "grave injury" as defined by Workers' Compensation Law § 11. Although the Workers' Compensation Board previously determined Lime Light to be the plaintiff's employer, the Appellate Division affirmed the lower court's finding that All Will, the premises owner, was not collaterally estopped from challenging this determination. The court reasoned that All Will was not a party to the prior Workers' Compensation proceeding and therefore did not have a full and fair opportunity to litigate the issue of plaintiff's employer.

indemnificationcollateral estoppelWorkers' Compensation Lawemployer-employee relationshipgrave injurypremises liabilityappellate practicestatutory interpretationprivity of partieslitigation opportunity
References
4
Case No. 05-21-00466-CV
Regular Panel Decision
May 11, 2022

NCH Corporation and RPG Innovations, LLC v. ESI/Employee Solutions, LP

This case involves an appeal regarding the enforceability of an indemnity agreement between NCH Corporation and RPG Innovations, LLC (appellants) and ESI/Employee Solutions, LP and Employee Solutions Arlington, LLC (appellees). The dispute arose after an employee, Timothy Price, assigned by ES Arlington to RPG, suffered severe injuries while operating a forklift without proper certification. Price sued ES Arlington for negligence. Appellees sought indemnification from appellants based on their staffing agreement. The trial court granted appellees' motion for summary judgment, ordering appellants to indemnify them. However, the appellate court reversed, finding that the indemnity provision did not meet the express negligence test because appellees were seeking indemnification for their own alleged negligence. The court rendered judgment for appellants regarding attorney's fees and costs incurred in Price's lawsuit and remanded the remaining indemnification claims to the trial court.

Indemnity AgreementExpress Negligence TestSummary JudgmentWorkers' Compensation PolicyForklift AccidentStaffing AgreementNegligence ClaimsAttorney's FeesContractual IndemnificationAppellate Review
References
10
Case No. MISSING
Regular Panel Decision

Klumb v. Houston Municipal Employees Pension System

The case involves a dispute over the Houston Municipal Employees Pension System (HMEPS) board's authority to define 'employee' for pension eligibility. Petitioners, former City of Houston employees transferred to a third-party entity (CCSI), sought retirement benefits or cessation of pension contributions, arguing they were no longer City employees. The pension board, however, determined these employees remained 'members' due to the City's effective control over their new employer. The trial court and court of appeals dismissed the suit for lack of subject-matter jurisdiction, citing the statutory preclusion of judicial review for HMEPS decisions. The Supreme Court of Texas affirmed, concluding that the pension board acted within its broad statutory authority and that the petitioners' ultra vires, equal protection, and due course of law claims were invalid as they lacked vested property rights in the pension benefits.

Pension LawStatutory InterpretationJudicial ReviewUltra ViresSovereign ImmunityEqual ProtectionDue Course of LawVested RightsMunicipal EmployeesOutsourcing
References
29
Case No. MISSING
Regular Panel Decision

Nassau Chapter of the Civil Service Employees Ass'n v. County of Nassau

The Nassau Chapter of the Civil Service Employees Association (CSEA) initiated an action against the County of Nassau, seeking a declaratory judgment regarding the proper salary plan for CETA-funded employees who transitioned to county-funded positions after January 1, 1977. CSEA contended that these workers, having commenced service prior to the cut-off date, were 'employees' under existing collective bargaining agreements and should remain on the 'Incremental Graded Salary Plan' (Plan A). The County argued they were 'new employees' after 1976, falling under the 'Non-Incremental Graded Salary Plan' (Plan B). The court reviewed the federal CETA legislation, the collective bargaining agreement, and the County's past conduct towards CETA workers, which consistently treated them as county employees with various benefits. Concluding that CETA workers qualified as 'employees' from their initial service date, the court ruled in favor of CSEA. The decision mandates that these workers be continued under Plan A, citing principles of statutory parity, established case law, and the policy goals of the CETA program for upward mobility.

Collective BargainingSalary PlansCETA ProgramPublic EmploymentEmployee RightsDeclaratory JudgmentCivil Service LawUnion RepresentationStatutory InterpretationGovernment Employees
References
2
Case No. W2017-00551-COA-R3-CV
Regular Panel Decision
Dec 28, 2017

In Re: Last Will and Testament of Mary Theresse Erde

This case is a will contest concerning the holographic will of Mary Theresse Erde. Appellant Carl Barton challenged the will, claiming lack of testamentary capacity and undue influence by Beneficiary Deborah Lawson. The trial court denied Barton's motion to set aside the order admitting the will to probate and found that Decedent possessed testamentary capacity and that the presumption of undue influence was rebutted by clear and convincing evidence. The Court of Appeals affirmed the trial court's decision, finding no abuse of discretion in striking Barton's amended counter-petition due to futility and upholding the findings regarding testamentary capacity and the rebuttal of undue influence through independent legal advice and lack of suspicious circumstances.

Will contestHolographic willTestamentary capacityUndue influenceConfidential relationshipIndependent legal adviceFutility of amendmentRule 15.01 Tennessee Civil ProcedureRule 60.02 Tennessee Civil ProcedureAppellate review
References
60
Case No. MISSING
Regular Panel Decision

LIN Television Corp. v. National Ass'n of Broadcast Employees & Technicians—Communications Workers

Plaintiff LIN Television Corporation sought to vacate a labor arbitration award that reinstated employee Timothy Flynn after his termination for making threats. Defendants, National Association of Broadcast Employees and Technicians—Communications Workers of America, counter-claimed to enforce the award. The arbitration found no "just cause" for termination, converting it to a suspension and mandating a positive psychiatric evaluation for Flynn's return. The U.S. District Court, reviewing cross-motions for summary judgment, confirmed the arbitration award. The court ruled that the award drew its essence from the collective bargaining agreement and did not violate public policy regarding workplace safety, thereby denying the plaintiff's motion and granting the defendants' motion.

Labor DisputeArbitration AwardVacaturEnforcementWorkplace SafetyCollective Bargaining AgreementJust CauseEmployee TerminationMental Health EvaluationFederal Court Review
References
26
Case No. MISSING
Regular Panel Decision

John R. Wills, Jr. v. The City of Memphis

John R. Wills, Jr., sought to subdivide his property, Lot 94, in the Belle Meade Subdivision into two lots, but his application was denied by the Memphis and Shelby County Land Use Control Board and the Memphis City Council. Wills subsequently filed a petition for writ of certiorari, leading the Chancery Court of Shelby County to reverse the City Council's decision and remand the case for a rehearing. The City of Memphis and the Memphis City Council appealed this decision. The appellate court identified an ambiguity in the Unified Development Code (UDC) regarding the applicability of "contextual infill development standards" (Section 3.9.2) to Wills' property, specifically concerning the definition of "development" in the context of surrounding properties established before 1950. The court concluded that the trial court's ruling, which stated Wills' application complied with all UDC provisions, was premature. Consequently, the appellate court affirmed in part and vacated in part the trial court's order, remanding the case for further proceedings to the City Council to definitively interpret and apply UDC Section 3.9.2(B)(1) based on the existing record.

ZoningSubdivision RegulationsLand Use ControlUnified Development Code (UDC)Administrative ReviewWrit of CertiorariAppellate ReviewArbitrary and Capricious DecisionStatutory InterpretationRemand Order
References
44
Case No. NO. 13-0515
Regular Panel Decision
Mar 20, 2015

John Klumb, Veronica McClelland, Vivian Montejano, John Gonzalez, Anita Robles, and Charmaine Pilgrim, on Behalf of Themselves and All Others Similarly Situated, and the City of Houston v. Houston Municipal Employees Pension System, Barbara Chelette, David L. Long, Lenard Polk, Roy Sanchez, and Lonnie Vara

This case concerns a dispute over the Houston Municipal Employees Pension System (HMEPS) and whether its board members violated the enabling statute by requiring petitioners' continued participation in the City of Houston's defined-benefit pension plan. The City attempted to remove a division of employees from the pension system by forming quasi-governmental entities. The pension board, however, determined these employees remained under the City's control and payroll, thus falling under the "employee" definition for HMEPS membership. Petitioners, including individual employees and the City of Houston, asserted ultra vires and constitutional claims, arguing the board unlawfully redefined "employee" and denied vested rights. The Supreme Court of Texas affirmed the lower court's judgment, finding the trial court lacked subject-matter jurisdiction because the pension board acted within its broad statutory authority in construing the term "employee" and the petitioners' constitutional claims were facially invalid as they lacked vested property rights in pension benefits or contributions.

Pension SystemEmployee DefinitionUltra ViresJudicial ReviewSovereign ImmunityTexas ConstitutionEqual ProtectionDue Course of LawVested RightsMunicipal Employees
References
30
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