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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

United Food & Commercial Workers v. Appletree Markets, Inc. (In Re Appletree Markets, Inc.)

The court considered an appeal from the United Food and Commercial Workers (UFCW) challenging a bankruptcy court's order that rejected their collective bargaining agreements (CBAs) with AppleTree Markets, Inc., the debtor. AppleTree sought to dismiss the appeal as moot due to the substantial consummation of its Chapter 11 reorganization plan and the subsequent expiration of the CBAs, also arguing res judicata. The District Court denied AppleTree's motion to dismiss, finding that effective appellate relief remained possible and that res judicata did not apply given the UFCW's timely appeal. On the merits, the court affirmed the bankruptcy court's rejection of the CBAs, concluding that the debtor's proposed modifications were necessary for a successful reorganization and were fair and equitable to all affected parties.

Bankruptcy LawCollective BargainingLabor RelationsChapter 11 ReorganizationContract RejectionAppellate ProcedureMootness DoctrineRes JudicataDebtor-in-PossessionUnion Rights
References
15
Case No. MISSING
Regular Panel Decision

In Re Sumerell

This memorandum opinion addresses Wachovia Bank of South Carolina's objection to the debtors', Craven and Amy Sumerell, claim of exemptions in a Chapter 7 bankruptcy case. Wachovia alleged that the debtors undervalued their personal property and acted in bad faith through prepetition transfers and non-disclosure of assets. The court ruled that "fair market value" is the correct valuation standard for exemptions under Tennessee law, rejecting the debtors' use of "liquidation value," and largely sustained Wachovia's objection regarding household furnishings. However, the court denied Wachovia's request to prevent the debtors from amending their schedules, finding insufficient evidence of bad faith or fraud directly related to the bankruptcy case to justify such a severe penalty. The debtors are consequently ordered to file new exemption schedules based on the court's fair market valuation standards.

BankruptcyChapter 7ExemptionsPersonal Property ValuationFair Market ValueLiquidation ValueBad Faith AllegationsFraudulent TransfersHousehold GoodsAutomobile Transfers
References
63
Case No. 01-02-01141-CV
Regular Panel Decision
Jan 08, 2004

Dennis L. Berry v. Mike Covarrubias III & Cerin D. Jordan

After a bench trial, the trial court awarded appellees, Caerin D. Jordan and Mike Covarrubias III, $1,500 in damages for conversion of their 1992 Dodge Shadow, plus attorney’s fees. Appellant, Dennis L. Berry, appeals this judgment. The Court of Appeals addresses whether the trial court erred in excluding evidence, whether the evidence was factually sufficient for conversion and fair-market value, if denial of arguments and a witness was error, the award of attorney’s fees, failure to dismiss, and alleged prejudice. Berry had taken possession of the car for repairs, and after appellees could not afford repairs, Berry claimed a mechanic's lien and sold the car to himself. The Court of Appeals affirmed the trial court's judgment, finding no error in evidentiary exclusions, sufficient evidence for conversion and fair-market value, no preserved error for arguments or witness denial, and no abuse of discretion in awarding attorney's fees.

ConversionMechanic's LienFair Market ValueEvidentiary RulingsAttorney's FeesBench TrialProperty RightsAppellate ProcedureFactual SufficiencyTrial Court Judgment
References
15
Case No. 00-80050A
Regular Panel Decision
May 23, 2000

Victory Markets, Inc. v. NYS Unemployment Insurance (In Re Victory Markets Inc.)

Victory Markets, Inc. (VMI) and Victory Markets, LLC (LLC) initiated an adversary proceeding against the New York State Unemployment Insurance Division of the Department of Labor, challenging the Department's transfer of VMI's unemployment insurance tax experience rating to new owners following VMI's Chapter 11 reorganization. VMI argued this transfer violated its reorganization plan and negatively impacted funds available for creditors. The Department moved to dismiss for lack of subject matter jurisdiction, contending the dispute involved non-debtor parties and state law, and was furthermore precluded by the Tax Injunction Act. The Bankruptcy Court, presided over by Chief Judge STEPHEN D. GERLING, granted the Department's motion, finding it lacked jurisdiction under 'arising in,' 'arising under,' or 'related to' doctrines, as the matter concerned a state agency's application of state law against non-debtors with a remote connection to the bankruptcy estate. The court also emphasized the availability of a plain, speedy, and efficient remedy in state courts, which barred federal intervention.

BankruptcySubject Matter JurisdictionTax Injunction ActNew York Labor LawUnemployment Insurance TaxChapter 11 ReorganizationAdversary ProceedingState Tax DisputeNon-Debtor PartiesExperience Rating Transfer
References
20
Case No. MISSING
Regular Panel Decision

Geltzer v. Artists Marketing Corp. (In Re Cassandra Group)

Robert L. Geltzer, the Chapter 7 Trustee for The Cassandra Group, initiated this action to avoid a $300,000 transfer from the Debtor to Artists Marketing Corporation (AMC), Lawrence E. Bathgate, and The Bathgate Group. The Trustee alleged the transfer constituted a fraudulent conveyance under the Bankruptcy Code and New York Debtor and Creditor Law, and also sought recovery for unjust enrichment. The court found that The Cassandra Group was insolvent at the time of the transfer and that the transfer lacked fair consideration and good faith. The defendants, AMC, Bathgate, and The Bathgate Group, were deemed to have benefited from the transfer despite their role in allowing a key celebrity (DiCaprio) to rescind an agreement without legal basis, which contributed to the failure of the AMC venture. Consequently, the court ruled that the $300,000 transfer is avoidable and awarded prejudgment interest to the Trustee.

BankruptcyFraudulent ConveyanceConstructive FraudIntentional FraudUnjust EnrichmentInsolvent DebtorPrejudgment InterestChapter 7New York Debtor and Creditor LawEscrow Agreement
References
28
Case No. 11-06-00048-CV
Regular Panel Decision
Sep 21, 2006

Midland Central Appraisal District and Midland County Appraisal Review Board v. Plains Marketing, L.P., a Texas Limited Partnership, and Plains Marketing GP Inc., General Partner

This ad valorem tax suit involves Plains Marketing, L.P. appealing the tax assessment on its crude oil inventory accounts. The Midland Central Appraisal District and Midland County Appraisal Review Board challenged the trial court's jurisdiction, asserting that Plains failed to exhaust administrative remedies. The trial court denied their challenge. The Eleventh Court of Appeals affirmed the trial court's decision, ruling that Plains had sufficiently exhausted its administrative remedies because the exemption claim was thoroughly discussed and determined by the Appraisal Review Board, despite initial protest notice deficiencies. The core issue revolved around whether oil stored in tank farms for future delivery constituted taxable inventory or was exempt under the Interstate Commerce Clause.

Property TaxAd ValoremAdministrative RemediesJurisdictionExhaustion DoctrineInterstate CommerceOil InventoryAppraisal Review BoardTexas LawAppellate Review
References
35
Case No. 03-04-00050-CV
Regular Panel Decision
Jul 29, 2004

Al Boenker Insurance Agency, Inc. v. the Texas FAIR Plan Association The Texas Department of Insurance And Jose Montemayor, Commissioner of Insurance

Appellant Al Boenker Insurance Agency, Inc. appealed a summary judgment ruling in favor of the Texas FAIR Plan Association (FAIR Plan). Al Boenker had challenged a bulletin issued by FAIR Plan, which restricted fees insurance agencies could charge for homeowners insurance applications and allowed for termination of agencies violating the contract. Al Boenker argued that FAIR Plan violated the separation-of-powers doctrine and exceeded its statutory authority. The Court of Appeals affirmed the district court's judgment, concluding that FAIR Plan is not a state agency subject to the Texas Administrative Procedure Act's rulemaking provisions and acted within its authority derived from the FAIR Plan Act and its Plan of Operation by contractually limiting agent compensation and establishing conditions for agent termination.

Administrative LawInsurance LawContract LawSummary JudgmentDeclaratory JudgmentInjunctionAgency AuthoritySeparation of PowersStatutory ConstructionTexas Court of Appeals
References
16
Case No. MISSING
Regular Panel Decision

Atlantic Casualty Insurance v. Value Waterproofing, Inc.

Atlantic Casualty Insurance Company sought a declaratory judgment that it had no duty to defend or indemnify Value Waterproofing, Inc. in an underlying breach of contract and negligence lawsuit. Value counterclaimed, requesting a declaration that Atlantic Casualty was required to defend and indemnify. The court granted Atlantic Casualty's request, finding that Value failed to provide timely notice of the claim, thereby prejudicing Atlantic Casualty's investigation capabilities. Additionally, the court ruled that Value's work on a commercial property was not covered by its residential-only roofing insurance policy, further justifying the denial of coverage.

Insurance disputeBreach of contractNegligenceDeclaratory judgmentTimely noticeCoverage exclusionCommercial General LiabilityResidential roofingPolicy interpretationPrejudice
References
46
Case No. E2011-00831-COA-R3-CV
Regular Panel Decision
Mar 30, 2012

Cristy Irene Fair v. Stephen Lynn Cochran

The case of Cristy Irene Fair v. Stephen Lynn Cochran involved an appeal from the Circuit Court for Knox County. The Trial Court dismissed Fair's motor vehicle accident claim because proof of service for her summons was not returned to the clerk until 412 days after issuance, failing to comply promptly with Tenn. R. Civ. P. 4.03(1). Consequently, Fair could not rely on Tenn. R. Civ. P. 3 to toll the statute of limitations. The Court of Appeals affirmed the dismissal, emphasizing the necessity of strict compliance with procedural rules for service of process.

Statute of LimitationsService of ProcessMotion to DismissCivil Procedure RulesAppellate ReviewJudgment AffirmedTennessee LawMotor Vehicle AccidentProof of ServiceTimeliness
References
25
Case No. MISSING
Regular Panel Decision

Galveston County Fair & Rodeo v. Kauffman

Travis Kauffman entered his steer "Reebok" in The Galveston County Fair and Rodeo steer show. After winning a class, the steer was later disqualified due to allegations of "airing," an unethical fitting practice. Daniel S. Kauffman, Jr., Travis's father, sued the Fair alleging violations of the Deceptive Trade Practices-Consumer Protection Act (DTPA), breach of contract, negligence, and gross negligence. A jury found in favor of Kauffman on all claims, with recovery elected under the DTPA. The Fair appealed, challenging aspects of the jury charge, evidence sufficiency, damages, consumer status under DTPA, and attorney's fees. The appellate court affirmed the judgment but modified it by deleting a $1,500 damage award related to negligence.

DTPA ViolationUnconscionable ActNegligenceBreach of ContractSteer DisqualificationAnimal Show EthicsConsumer ProtectionAppellate ReviewDamagesMental Anguish
References
18
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