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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Highland Village Parents Group v. United States Federal Highway Administration

The plaintiff, Highland Village Parents Group, challenged a federally-funded road construction project in Denton County, Texas, alleging violations of the National Environmental Policy Act (NEPA) and Section 4(f) of the Department of Transportation Act, through the Administrative Procedure Act (APA). The lawsuit named federal and state transportation agencies and their administrators as defendants. The court dismissed claims against the state defendants, Texas Transportation Commission and Ric Williamson, ruling that the APA applies only to federal agencies. Furthermore, the court found the plaintiff's claims against the federal defendants were time-barred by a 180-day statute of limitations, which superseded the general six-year APA limitation. The court also determined that a subsequent reevaluation of the project did not reopen the claims or provide a new basis for a lawsuit, as the modifications were considered minor. Consequently, the Federal Defendants' motion to dismiss was granted, and the entire case was dismissed with prejudice due to a lack of subject matter jurisdiction.

Administrative Procedure Act (APA)National Environmental Policy Act (NEPA)Section 4(f) Department of Transportation ActMotion to DismissStatute of LimitationsSovereign ImmunitySubject Matter JurisdictionFederal Highway Administration (FHWA)Environmental Impact Statement (EIS)Finding of No Significant Impact (FONSI)
References
21
Case No. MISSING
Regular Panel Decision

Southeastern Aviation, Inc. v. Hurd

This case concerns a wrongful death action initiated by the father, as administrator, of Mrs. Phyllis Eloise Hurd Halstead against an airline after a fatal plane crash in Tennessee. The petitioner airline sought dismissal, arguing federal pre-emption, the non-survival of a right of action for simultaneous deaths under state law, and insufficient evidence of negligence. The Court affirmed the lower courts' findings, holding that federal aviation acts do not pre-empt state common law remedies for torts and that the Tennessee wrongful death statute allowed the action to proceed for the next of kin. Furthermore, the Court determined there was adequate evidence of the airline's negligence, supported by the doctrine of res ipsa loquitur, to justify compensatory damages. While affirming the judgment, the Court mandated a remittitur of $5,000 in punitive damages, finding no evidence of gross and wanton negligence.

Wrongful deathAviation accidentAirline negligenceFederal pre-emptionState law remediesRes ipsa loquiturPunitive damagesCompensatory damagesSurvival of actionSimultaneous death
References
33
Case No. MISSING
Regular Panel Decision
Aug 27, 2007

Rochester-Genesee Regional Transportation Authority v. Brigid Hynes-Cherin

The Rochester-Genesee Regional Transportation Authority (RGRTA) and its subsidiary, Regional Transit Service (RTS), moved to stay a Federal Transit Administration (FTA) decision dated July 30, 2007. The FTA had ordered RGRTA to cease providing school bus services on routes deemed "prohibited school bus operations" and barred RGRTA from receiving certain federal funds. RGRTA appealed this decision under the Administrative Procedure Act and sought a stay pending judicial review. The court, presided over by Judge Larimer, granted the stay in part, postponing the effective date of the FTA's order until October 1, 2007. This partial stay was granted primarily to prevent irreparable harm and potential chaos in student transportation due to the imminent start of the school year, despite the court not being convinced that RGRTA was likely to prevail on the merits or would suffer irreparable harm. The court emphasized the public interest in ensuring orderly student transportation. All other aspects of the plaintiff's motion for a stay were denied.

School Bus TransportationFederal Transit Administration (FTA)Stay OrderAdministrative Procedure Act (APA)Judicial ReviewPublic InterestIrreparable HarmTripper ServicePublic TransportationCompetition Law
References
32
Case No. MISSING
Regular Panel Decision

Matter of Stecher Aviation Services, Inc. (Commr. of Labor)

Stecher Aviation Services, Inc., a company providing aircraft flight crews, was assessed for unemployment insurance contributions for its flight crews by the Department of Labor. Stecher Aviation argued that its flight crews were independent contractors, but an Administrative Law Judge and the Unemployment Insurance Appeal Board found an employer-employee relationship existed. The appellate court affirmed the Board's decision, citing substantial evidence supporting the employer-employee relationship, including Stecher Aviation's control over crew selection, billing, payment rates, and provision of workers' compensation insurance. The court also rejected Stecher Aviation's claim of an unfair hearing due to the tax auditor's absence, as the supervisor, familiar with the investigation, was available to testify.

Unemployment InsuranceEmployer-Employee RelationshipIndependent ContractorSubstantial EvidenceAppellate ReviewDepartment of LaborUnemployment Insurance Appeal BoardFlight CrewWorkers' Compensation InsuranceFair Hearing
References
6
Case No. MISSING
Regular Panel Decision

Sherrod v. Piedmont Aviation, Inc.

This case concerns post-trial motions in a civil action where plaintiff Howell H. Sherrod, Jr. sued defendant Piedmont Aviation, Inc. for unjust discrimination, wrongful ejection, and intentional infliction of mental distress. A jury awarded Sherrod $100,000 in compensatory damages and $100,000 in punitive damages. The defendant moved for a judgment notwithstanding the verdict and, alternatively, for a new trial, primarily contesting the punitive damages award under Illinois and federal law. The Court denied the motion for judgment notwithstanding the verdict, finding sufficient evidence to support the jury's findings on punitive damages for the federal and wrongful ejection claims. However, the Court found the damage awards excessive and ordered a remittitur of $79,000 for compensatory damages and $85,000 for punitive damages, with a new trial on damages to be granted if the plaintiff does not accept the reduction.

Punitive DamagesCompensatory DamagesRemittiturDirected VerdictJudgment Notwithstanding Verdict (JNOV)New TrialAirline DiscriminationWrongful EjectionIntentional Infliction of Emotional DistressFederal Aviation Act
References
39
Case No. MISSING
Regular Panel Decision
Sep 30, 1988

Perez v. Federal Bureau of Investigation

The case involves a class action lawsuit filed by 310 Hispanic Special Agents of the Federal Bureau of Investigation (FBI), led by named plaintiff Bernardo Perez, alleging national origin discrimination under Title VII of the Civil Rights Act of 1964. The court found a pattern and practice of discrimination within the FBI concerning conditions of employment and promotional opportunities for Hispanic agents. Specifically, the court highlighted the disproportionate burden placed on Hispanic agents for Spanish language-related assignments (like wiretaps and undercover work), which adversely affected their career advancement. The promotional system, with its excessive subjective elements and lack of EEO compliance mechanisms, was deemed discriminatory. The court also found that the FBI retaliated against Bernardo Perez for filing an EEO complaint, including the misuse of a Grand Jury subpoena during an administrative investigation against him. However, claims of religious discrimination and class-wide administrative discipline and transfer discrimination were not substantiated.

National Origin DiscriminationEmployment DiscriminationCivil Rights ActDisparate TreatmentDisparate ImpactRetaliationFBIClass ActionPromotional SystemSubjective Evaluations
References
37
Case No. MISSING
Regular Panel Decision

Commer v. American Federation of State, County & Municipal Employees

Roy Commer, a pro se plaintiff, sued the American Federation of State, County and Municipal Employees (AFSCME) alleging violations of federal labor laws, specifically LMRDA §§ 101(a)(2) and 501, LMRA § 301, and 29 U.S.C. § 158, seeking reinstatement as president of Local 375 and substantial damages. AFSCME moved to dismiss all claims and requested sanctions. The court granted the motion to dismiss, finding that the LMRDA § 501 claim against AFSCME was not cognizable under the statute and that the claim against John/Jane Does lacked jurisdiction. The LMRA § 301 claim was dismissed due to collateral estoppel and failure to allege a specific contract breach. The LMRDA § 101 claim was dismissed administratively due to a pending identical prior action. Lastly, the 29 U.S.C. § 158 claim was found to be preempted by the National Labor Relations Act. The court, however, denied AFSCME's motion for sanctions against Commer, citing his pro se status while issuing a warning against future re-litigation of already dismissed claims.

Federal Labor LawLabor Management Reporting and Disclosure ActLabor Management Relations ActNational Labor Relations ActMotion to Dismiss GrantedSanctions DeniedCollateral EstoppelPreemption DoctrinePro Se LitigationUnion Officer Removal
References
43
Case No. 14-18-00274-CV
Regular Panel Decision
Mar 17, 2020

Dr. Louis Patino, D.C. Dr. Stephen Wilson, M.D. And Dr. Gary Craighead, D.C. v. Texas Department of Insurance-Division of Workers' Compensation Commissioner Cassandra J. Brown and Dr. Donald Patrick, in Their Official and Individual Capacities State Office of Administrative Hearings, Texas Chief Administrative Law Judge Cathleen Parsley in Her Official Capacity Tommy Broyles, in His Official Capacity The State of Texas And the Attorney General of the State of Texas

Three doctors, Patino, Wilson, and Craighead, appealed the dismissal of their claims against the Texas Department of Insurance-Division of Workers’ Compensation and other state entities. The doctors were excluded from the state's workers' compensation approved doctor list between 2004 and 2007, leading to administrative penalties and a subsequent lawsuit. The trial court dismissed their claims for lack of jurisdiction, asserting immunity. The appellate court affirmed the dismissal of claims challenging final agency orders due to unexhausted administrative remedies and collateral attack immunity. However, the court reversed the dismissal of the doctors' constitutional challenges to the Workers’ Compensation Act and ultra vires claims against the Commissioner, concluding these claims were properly pleaded and not barred by sovereign immunity.

Physician ExclusionAdministrative LawJudicial ReviewSovereign ImmunityUltra Vires ClaimsConstitutional ChallengeDue Process RightsProfessional LicensingGovernment RegulationTexas Labor Code
References
24
Case No. MISSING
Regular Panel Decision

American Federation of Government Employees Local 1 v. Stone

Plaintiff Justin McCrary, a federal employee at the Transportation Security Administration (TSA), and the American Federation of Government Employees Local 1 (AFGE Local 1) sued the United States for alleged non-payment of his promised salary, citing violations of Fifth Amendment and contract rights under the Little Tucker Act. The Defendant filed a Motion to Dismiss based on Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). The Court first dismissed AFGE Local 1 as a party due to lack of representational standing. Subsequently, the Court addressed McCrary's claims, finding his constitutional claim for back pay preempted by the Civil Service Reform Act and unexhausted administratively, thus lacking subject matter jurisdiction. Furthermore, the Court determined McCrary had no protected property interest in a specific salary due to his conditional appointment and probationary status, and no actionable breach of contract claim as federal employees derive benefits from appointment, not contract. Consequently, the Defendant's Motion to Dismiss was granted, and the Plaintiffs' Complaint was dismissed with prejudice due to lack of subject matter jurisdiction and failure to state a claim.

Motion to DismissFederal JurisdictionSubject Matter JurisdictionRule 12(b)(1)Rule 12(b)(6)Fifth AmendmentDue ProcessLittle Tucker ActCivil Service Reform ActBreach of Contract
References
82
Case No. 03-15-00285-CV
Regular Panel Decision
Jul 01, 2015

Volkswagen Group of America, Inc. And Audi of America, Inc. v. John Walker III, in His Official Capacity as Chairman of the Texas Department of Motor Vehicles Board The Honorable Michael J. O'Malley, the Honorable Penny A. Wilkov, in Their Official Capacities as Administrative Law Judges for the State Office

This case involves an appeal filed by Volkswagen Group of America, Inc. and Audi of America, Inc. (Appellants) against John Walker III, Chairman of the Texas Department of Motor Vehicles Board, and Administrative Law Judges Michael J. O'Malley and Penny A. Wilkov (Appellees). Appellants sought injunctive relief in district court to prevent Appellees from proceeding with an allegedly ultra vires remand of an administrative contested case after a Proposal for Decision (PFD) had been issued. The district court dismissed the lawsuit based on governmental immunity and failure to exhaust administrative remedies. Appellants argue that Appellees' actions, including ordering the remand and reopening evidence, exceeded their statutory authority under the Administrative Procedure Act and Texas Occupations Code, making governmental immunity inapplicable and exhaustion of remedies unnecessary.

Administrative LawUltra Vires ActsGovernmental ImmunityExhaustion of RemediesJudicial ReviewAgency AuthorityState Office of Administrative HearingsRemandContested CasesStatutory Interpretation
References
31
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