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Case Law Database

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

Case No. No. 10-07-00064-CV

Regular Panel Decision

Sep 10, 2008

SSHG, LLC D/B/A Support Services Holdings Group and Legacy Support Services, LTD. v. Eric Ian Lewis

Eric Ian Lewis, an employee of SSHG, LLC, was injured on the job while using an electric hand planer. He sued his employer, a worker's compensation nonsubscriber, for negligence. A jury found for Lewis, and SSG appealed the judgment, arguing it had no duty to warn of obvious dangers and that Lewis's own negligence caused the injury. The appellate court affirmed the trial court's judgment, holding that the danger of using the planer on small pieces of wood without a jig was not obvious or commonly known to Lewis, thus SSG owed a duty to train and warn. The court also found the evidence legally sufficient to support the jury's negligence finding against SSG.

Workplace NegligenceEmployer LiabilityDuty to WarnSafe WorkplacePower Tool InjuryWorker's Compensation NonsubscriberProximate CauseContributory Negligence (defense denied)Jury Verdict AppealAppellate Court Decision

References

Case No. MISSING

Regular Panel Decision

Coniglio v. Coniglio

This is a proceeding under New York's Uniform Support of Dependents Law (USDL) initiated to seek child support for Jennifer Coniglio from her father, the respondent. A hearing examiner initially recommended a bifurcated support order of $60 per week during the respondent's employment season and $25 per week during unemployment, based on his seasonal construction work. The respondent objected to these findings, challenging the court's jurisdiction due to a pre-existing divorce decree that included child support provisions. Judge Anthony F. Bonadio, referencing Lebedeff v Lebedeff and Nichols v Bardua, ruled that the USDL provides an additional remedy, not a modification, and affirmed the court's jurisdiction to determine support de novo, without being bound by the Supreme Court decree. Considering the approximate equal incomes of both parents, the court set a new support order for the respondent at $30 per week, to be paid through the support collection unit, and ordered him to maintain medical and dental insurance for Jennifer Coniglio as per the separation agreement.

Child Support EnforcementUniform Support of Dependents LawJurisdictional DisputeDe Novo DeterminationParental Financial ContributionSeasonal Employment IncomeUnemployment Benefits ConsiderationMedical Insurance ProvisionDivorce Decree InteractionSupport Collection Unit

References

Case No. MISSING

Regular Panel Decision

May 03, 1985

Wolf v. Wolf

In two support proceedings, the petitioner mother appealed two orders. The first order, entered September 7, 1984, denied her petition for an upward modification of child support. The second order, entered May 3, 1985, denied her full reimbursement for certain child counseling expenses. The Family Court's decisions were affirmed on appeal. The court properly denied a general increase in the father's child support obligation and directed the mother to seek payment for counseling expenses through the father's medical insurance coverage.

child supportupward modificationcounseling expensesparental obligationsFamily Lawappellate reviewOrange County

References

Case No. 03-23-00018-CV

Regular Panel Decision

Dec 20, 2024

Shakeel Mustafa v. Pakiza Asim

Shakeel Mustafa appealed the trial court's judgment denying his petition to modify custody and child support for his minor child. He challenged the validity of the assigned visiting judge, various evidentiary rulings, and the factual findings supporting the denial of his modification requests. The appellate court affirmed the trial court's decision on all issues related to custody and child support modifications, finding no abuse of discretion regarding the judge's assignment or evidentiary sufficiency. However, the court reversed the award of appellate attorney's fees to Pakiza Asim, concluding that the evidence presented for these fees was legally insufficient under established precedent. The case was remanded for a redetermination of the appellate attorney's fees.

Child CustodyChild SupportCustody ModificationVisitation RightsAttorney FeesAppellate ProcedureAbuse of DiscretionSufficiency of EvidenceFamily LawTexas Court of Appeals

References

Case No. MISSING

Regular Panel Decision

Dyer v. Cotton

Eddie Dyer sued Ronald Cotton in a trespass to try title suit, claiming adverse possession of a 6/7th interest in farmland in Grimes County, Texas, in addition to a 1/7th interest he acquired by conveyance. A jury found that Dyer had not adversely possessed the property, and the trial court entered a take-nothing judgment against Dyer. On appeal, Dyer contended that insufficient evidence supported the jury's finding and that the trial court erred in jury instructions and evidentiary rulings. The appellate court affirmed the trial court's judgment, concluding that sufficient evidence supported the jury's verdict and that the trial court did not abuse its discretion in its jury instructions or evidentiary rulings. The court specifically addressed Dyer's claim of adverse possession against co-tenants, requiring proof of ouster or repudiation, and found the evidence factually and legally sufficient to support the jury's decision.

Adverse PossessionCo-TenancyTrespass to Try TitleOusterRepudiationJury InstructionsEvidentiary RulingsLegal SufficiencyFactual SufficiencyParol Evidence Rule

References

Case No. MISSING

Regular Panel Decision

Hyek v. Field Support Services, Inc.

Plaintiff Audra Hyek initiated an action against her former employer, Field Support Services, Inc. (FSSI), alleging gender discrimination under Title VII and the New York State Human Rights Law (NYSHRL). FSSI moved for summary judgment, which the court reviewed under the McDonnell Douglas burden-shifting framework. The court found that Plaintiff failed to establish a prima facie case of gender discrimination, specifically regarding disparate treatment in equipment, training, policy enforcement, or her termination compared to a male co-worker. Additionally, Plaintiff's hostile work environment claim was deemed abandoned due to her failure to address Defendant's arguments in opposition papers. Consequently, the court granted FSSI's motion for summary judgment, dismissing all of Plaintiff's claims.

Employment DiscriminationGender DiscriminationTitle VIINYSHRLSummary JudgmentDisparate TreatmentHostile Work EnvironmentMcDonnell Douglas FrameworkPrima Facie CasePretext

References

Case No. MISSING

Regular Panel Decision

Oct 21, 1986

Drago v. Drago

The father appealed a Family Court order from Nassau County, directing him to pay weekly child support and arrears to the Support Collection Unit for his daughter. The daughter, after her parents' divorce, was forced to leave her mother's home and was subsequently turned away by her father. She then sought refuge in a state-funded program and initiated support proceedings against her parents. The Family Court found the father still obligated to support her until age 21, rejecting his arguments that she forfeited support by leaving home or not adhering to his conditions. The appellate court affirmed the decision, finding the daughter had good cause to leave her parents' homes and her father's demands for her to attend boarding school or join the military were unreasonable.

Child SupportParental ObligationFamily CourtNassau CountyAppealAffirmed DecisionEmancipationParental ResponsibilityRunaway YouthGood Cause

References

Case No. 2022 NY Slip Op 00701

Regular Panel Decision

Feb 03, 2022

Matter of Martin (Trucking Support Servs., LLC--Commissioner of Labor)

Anthony Martin, a truck driver, filed for unemployment insurance benefits. The Department of Labor determined he was an employee of Trucking Support Services, LLC (TSS) and Distribution Cooperative Network of NY (DCN) under the New York State Commercial Goods Transportation Industry Fair Play Act. TSS and DCN contested this, arguing Martin was an independent contractor. The Unemployment Insurance Appeal Board affirmed the initial determinations, finding Martin to be an employee. The Appellate Division, Third Department, affirmed the Board's decision, concluding that TSS and DCN failed to overcome the statutory presumption of employment and that the Fair Play Act was not preempted by federal law.

Unemployment InsuranceIndependent ContractorCommercial Goods Transportation Industry Fair Play ActEmployee ClassificationLabor LawStatutory Presumption of EmploymentABC TestSeparate Business Entity TestFederal Aviation Administration Authorization ActPreemption

References

Case No. MISSING

Regular Panel Decision

Foster v. Daigle

This case involves an appeal from an order that granted the plaintiff's motion to suspend his child support obligation and denied the defendant's motion for counsel fees. The parties were divorced in 2001 and have two sons. The plaintiff sought to terminate child support, including private school tuition, based on the sons' abandonment, which he attributed largely to the defendant. The Supreme Court suspended child support, concluding that while the defendant had not willfully manipulated the sons, the sons had abandoned the plaintiff and were constructively emancipated. On appeal, the court reversed the suspension of child support, holding that the sons, aged 16 and 14, were not of employable age, a necessary prerequisite for constructive emancipation, and thus could not forfeit their right to support. The appellate court affirmed the denial of the defendant's request for counsel fees, finding no abuse of discretion.

Child SupportConstructive EmancipationParental AbandonmentVisitation RightsFamily LawAppellate ReviewEmployable AgeSaratoga CountyCounsel FeesJudicial Discretion

References

Case No. MISSING

Regular Panel Decision

Huddleston v. Rufrano

The mother appealed a Family Court order denying her objections to a child support magistrate's decision, which directed the father to pay $155 per week. The appellate court modified the order, increasing the father's child support obligation to $259 per week. The court found that the Support Magistrate failed to properly impute additional income to the father, including payments from his business, A & J Drain, Inc., and earnings generated by his father-in-law. The father's testimony regarding his finances was deemed incredible. The appellate court determined the father's annual income to be $78,830.82, justifying the increased child support payment.

Child SupportIncome ImputationSelf-EmploymentWorkers' CompensationCredibilityAppellate ReviewFamily LawModification of SupportFinancial DisclosureSupport Magistrate

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. No. 10-07-00064-CV

Regular Panel Decision

Sep 10, 2008

SSHG, LLC D/B/A Support Services Holdings Group and Legacy Support Services, LTD. v. Eric Ian Lewis

References

Case No. MISSING

Regular Panel Decision

Coniglio v. Coniglio

References

Case No. MISSING

Regular Panel Decision

May 03, 1985

Wolf v. Wolf

child supportupward modificationcounseling expensesparental obligationsFamily Lawappellate reviewOrange County

References

Case No. 03-23-00018-CV

Regular Panel Decision

Dec 20, 2024

Shakeel Mustafa v. Pakiza Asim

Child CustodyChild SupportCustody ModificationVisitation RightsAttorney FeesAppellate ProcedureAbuse of DiscretionSufficiency of EvidenceFamily LawTexas Court of Appeals

References

Case No. MISSING

Regular Panel Decision

Dyer v. Cotton

Adverse PossessionCo-TenancyTrespass to Try TitleOusterRepudiationJury InstructionsEvidentiary RulingsLegal SufficiencyFactual SufficiencyParol Evidence Rule

References

Case No. MISSING

Regular Panel Decision

Hyek v. Field Support Services, Inc.

Employment DiscriminationGender DiscriminationTitle VIINYSHRLSummary JudgmentDisparate TreatmentHostile Work EnvironmentMcDonnell Douglas FrameworkPrima Facie CasePretext

References

Case No. MISSING

Regular Panel Decision

Oct 21, 1986

Drago v. Drago

Child SupportParental ObligationFamily CourtNassau CountyAppealAffirmed DecisionEmancipationParental ResponsibilityRunaway YouthGood Cause

References

Case No. 2022 NY Slip Op 00701

Regular Panel Decision

Feb 03, 2022

Matter of Martin (Trucking Support Servs., LLC--Commissioner of Labor)

References

Case No. MISSING

Regular Panel Decision

Foster v. Daigle

Child SupportConstructive EmancipationParental AbandonmentVisitation RightsFamily LawAppellate ReviewEmployable AgeSaratoga CountyCounsel FeesJudicial Discretion

References

Case No. MISSING

Regular Panel Decision

Huddleston v. Rufrano

Child SupportIncome ImputationSelf-EmploymentWorkers' CompensationCredibilityAppellate ReviewFamily LawModification of SupportFinancial DisclosureSupport Magistrate

References

Showing 1-10 of 7,506 results

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