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

Case No. 02-14-00143-CV
Regular Panel Decision
Dec 31, 2014

Harry Bizios v. Town of Lakewood Village, Texas

Harry Bizios (Appellant) challenged a temporary injunction granted to the Town of Lakewood Village, Texas (Appellee). The injunction required Bizios to obtain building permits and allow inspections from the Town for his home construction within the Town's extraterritorial jurisdiction (ETJ). Bizios argued that the general-law Town lacked statutory authority to extend its building code to the ETJ, particularly since his subdivision's plat was approved by Little Elm and Denton County in 1995. The appellate court found that general-law municipalities can only exercise powers expressly granted by the legislature. It concluded that none of the cited statutes expressly grant the Town authority to extend its building code to its ETJ, nor did it find any implicit grant. Consequently, the appellate court reversed the trial court's order and remanded the case for further proceedings.

Municipal LawExtraterritorial Jurisdiction (ETJ)Building CodesPermitting AuthorityGeneral Law MunicipalityStatutory ConstructionHome Rule CityPlatting RegulationsAnnexation AuthorityAbuse of Discretion
References
16
Case No. MISSING
Regular Panel Decision
Nov 20, 2012

Securities Investor Protection Corp. v. Bernard L. Madoff Investment Securities LLC

The Trustee (Irving H. Picard) for the Madoff liquidation seeks to recover $42 million from the Taiwanese Bureau of Labor Insurance (BLI), a subsequent transferee of funds originating from BLMIS. BLI moved to dismiss the Trustee’s complaint on four grounds: lack of subject matter jurisdiction under the Foreign Sovereign Immunities Act (FSIA), lack of personal jurisdiction, inability to recover as a subsequent transferee without avoiding initial transfers, and that claims are barred by the presumption against extraterritoriality. The Court denied BLI's motion, finding it has both subject matter and personal jurisdiction over BLI due to BLI's purposeful investment activities in New York-based BLMIS. The Court also ruled that the Trustee can pursue recovery from BLI because the initial transfers are 'avoidable' and the claims are not barred by extraterritoriality, as the statute's focus is on the domestic depletion of the bankruptcy estate.

Bankruptcy LawMadoff Ponzi SchemeForeign Sovereign Immunities ActPersonal JurisdictionSubject Matter JurisdictionAvoidance ActionsSubsequent TransfereeExtraterritorialityCommercial Activity ExceptionFraudulent Transfers
References
72
Case No. MISSING
Regular Panel Decision

Bass v. Waller County Sub-Regional Planning Commission

The Waller County Sub-Regional Planning Commission challenged the court's jurisdiction over an appeal filed by James Bass, Executive Director of the Texas Department of Transportation. The appeal concerned interlocutory orders from a district court, which included granting partial summary judgment to the Planning Commission and deferring a ruling on a plea to the jurisdiction by the Executive Director. The Executive Director argued for jurisdiction under Section 51.014(a)(8) of the Civil Practice and Remedies Code, asserting an implicit denial of his jurisdictional challenges. However, the appellate court concluded it lacked jurisdiction because the district court's explicit deferral of the jurisdictional ruling contradicted any implied denial, or alternatively, effectively vacated any such implied ruling. Consequently, the Planning Commission's motion was granted, and the appeal was dismissed.

interlocutory appealsubject-matter jurisdictiongovernmental immunityplea to the jurisdictionpartial summary judgmentTexas Civil Practice and Remedies CodeLocal Government Codemandamus reliefinjunctive reliefultra vires claims
References
26
Case No. MISSING
Regular Panel Decision

Verdi v. United States

This case addresses the application of pendent jurisdiction in a Federal Torts Claims Act (FTCA) case where a state common law claim is asserted against a party over whom there is no independent federal jurisdiction. Plaintiffs brought an action, including a claim against the Town of Huntington, following a slip and fall accident near a U.S. Post Office. The Town of Huntington moved to dismiss for lack of jurisdiction. The U.S. Magistrate recommended retaining jurisdiction, applying the doctrine of pendent-party jurisdiction. The District Court adopted this recommendation, concluding that pendent-party jurisdiction is appropriate in FTCA cases under these circumstances to ensure all claims can be tried in a single federal forum. Therefore, the Town of Huntington's motion to dismiss was denied, and its request for an interlocutory appeal was also denied.

Pendent JurisdictionFederal Tort Claims ActSlip and FallMotion to DismissPersonal InjuryFederal Court JurisdictionState Law ClaimsCommon Nucleus of Operative FactInterlocutory AppealJudicial Economy
References
27
Case No. MISSING
Regular Panel Decision

In re Bridget Y.

The dissenting opinion argues that the New York Family Court improperly exercised temporary emergency jurisdiction over the subject children, Colleen Y. and Kelly Y. While agreeing that New Mexico was the children's home state and a custody proceeding was already pending there, the dissent contends that the strict criteria for an emergency, requiring 'imminent and substantial danger,' were not met. The dissent points out that the New Mexico court had already assumed jurisdiction, transferred custody to an Ohio family, and issued a protective order against the parents, thereby eliminating any immediate risk of abuse or parental control. The opinion concludes that the Family Court's order creates jurisdictional conflict rather than eliminating it, advocating for the reversal of the orders and dismissal of the proceeding for lack of jurisdiction over the children under 18.

Child CustodyUCCJEAEmergency JurisdictionNeglect ProceedingsInterstate JurisdictionNew Mexico LawNew York Family CourtHome State RuleImminent HarmParental Rights
References
14
Case No. MISSING
Regular Panel Decision
Nov 13, 1985

National Union Fire Insurance v. Ideal Mutual Insurance

This case involves an appeal concerning personal jurisdiction over Parthenon Insurance Company. The plaintiff appealed an order denying its motion to reargue and renew opposition to Parthenon's motion to dismiss for lack of personal jurisdiction. The Appellate Division reversed the lower court's decision, granting the plaintiff's motion to reargue and renew, and subsequently denying Parthenon's motion to dismiss without prejudice, allowing for limited discovery on the jurisdictional issue. The central legal question is whether Parthenon, a 'captive' insurer for Hospital Corporation of America (HCA) and its subsidiaries, which conduct business in New York, is subject to personal jurisdiction in New York State. The court found that enough evidence was presented to warrant discovery to establish jurisdiction.

Personal JurisdictionCorporate VeilSubsidiary LiabilityParent CompanyInsurance CoverageMotion to DismissDiscoveryAppellate ReviewCPLRCaptive Insurer
References
4
Case No. MISSING
Regular Panel Decision

Greenblatt v. New York State Labor Relations Board

This declaratory judgment action addresses whether the New York State Labor Relations Board (SLRB) has jurisdiction over a skilled nursing and health-related facility operated by the New York State Commissioner of Health as a receiver. The plaintiff, Robert M. Greenblatt, as the Commissioner's designee, contended that the receivership performed governmental functions, exempting it from SLRB jurisdiction under Labor Law § 715(2). The court examined prior cases involving state agency heads acting as receivers and found the plaintiff's arguments for differentiation unpersuasive. The court ruled that the employees of these facilities are not state employees and that denying SLRB jurisdiction would leave them unable to select union representation, especially given the receivership's prolonged duration. Consequently, the court declared that the SLRB does have jurisdiction over the employees for representational hearings and unfair labor practice matters.

JurisdictionState Labor Relations BoardReceiverPublic Health LawLabor LawSkilled Nursing FacilityHealth-Related FacilityCollective BargainingDeclaratory JudgmentStatutory Interpretation
References
11
Case No. 10 Civ. 3036
Regular Panel Decision
Feb 17, 2011

Industrial Risk Insurers v. 7 World Trade Co.

Industrial Risk Insurers (IRI) petitioned for a stay of arbitration proceedings initiated by 7 World Trade Company, L.P. (7WTCo.) concerning a dispute over a 2005 settlement agreement. This agreement resolved an insurance coverage dispute following the collapse of 7 World Trade Center on September 11, 2001. 7WTCo. alleged breach of contract by IRI regarding a subsequent $1.2 billion property damage settlement. The court, presided over by District Judge Alvin K. Hellerstein, examined subject-matter jurisdiction. It found no diversity jurisdiction due to common citizenship in New York via IRI's member, Swiss Reinsurance America Corporation, and no federal question jurisdiction under the Air Transportation Safety and System Stabilization Act (ATSSSA) because the core dispute was contractual, not directly related to the 9/11 events. Consequently, the action was dismissed for lack of subject-matter jurisdiction.

ArbitrationJurisdictionSubject-Matter JurisdictionDiversity JurisdictionFederal Question JurisdictionATSSSAFAASettlement AgreementContract Dispute9/11 Litigation
References
17
Case No. 01-42217-REG
Regular Panel Decision

Ames Department Stores, Inc. v. Lumbermens Mutual Casualty Co. (In re Ames Department Stores, Inc.)

This document is a report and recommendation from Judge Robert E. Gerber concerning Ames Department Stores, Inc.'s motion to confirm exclusive jurisdiction in an adversary proceeding against Lumbermens Mutual Casualty Company. The proceeding, occurring under Ames' Chapter 11 bankruptcy, addresses the ownership of an $8 million trust account and alleged interference with the debtor's property. Judge Gerber recommends that the court possesses subject matter jurisdiction over all claims, asserting exclusive jurisdiction over specific claims involving automatic stay violations, marshaling, and equitable subordination. Furthermore, he advises that the McCarran-Ferguson Act does not mandate deferral to an Illinois state court for these issues, and the First Assuming Jurisdiction Doctrine is applicable to certain in rem claims.

Bankruptcy LawJurisdictional DisputeExclusive JurisdictionAutomatic Stay ViolationMcCarran-Ferguson ActIn Rem JurisdictionAdversary ProceedingChapter 11 BankruptcySurety BondsCash Collateral
References
65
Case No. MISSING
Regular Panel Decision

Southwest Travis County Water District v. City of Austin

The Southwest Travis County Water District appealed a trial court judgment that declared its constitutive statute (H.B. 3193) unconstitutional. H.B. 3193 created the District within the City of Austin's extraterritorial jurisdiction, granting it extensive regulatory powers over water, wastewater, drainage, and subdivisions, thereby superseding certain powers of the City. The appellate court affirmed the trial court's decision, concluding that H.B. 3193 was neither a valid general law nor a permissible local law under the Texas Constitution, specifically finding that it failed to comply with general laws requiring the City's consent for the reduction of its extraterritorial jurisdiction.

Constitutional LawLocal GovernmentWater DistrictsSpecial LawsGeneral LawsExtraterritorial JurisdictionHome Rule CitiesTexas ConstitutionStatutory InterpretationPublic Agencies
References
22
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