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

Case No. 03-18-00740-CV
Regular Panel Decision
Mar 06, 2020

Gerard Matzen// Marsha McLane, in Her Official Capacity as Director of Texas Civil Commitment Office, and the Texas Civil Commitment Office v. Marsha McLane, in Her Official Capacity as Director of Texas Civil Commitment Office, and the Texas Civil Commitment Office// Cross-Appellee, Gerard Matzen

Gerard Matzen appealed a district court's partial grant of Appellees' plea to the jurisdiction in his civil commitment case under the sexually violent predator (SVP) statute, challenging rulings on his APA, ultra vires, and immunity claims. The Texas Civil Commitment Office (TCCO) and its Director Marsha McLane cross-appealed the denial of their plea regarding Matzen's procedural due process and takings claims. The Court of Appeals affirmed the district court's order, finding Matzen's APA and ultra vires claims invalid and qualified immunity inapplicable. However, the court upheld the district court's denial of the plea concerning Matzen's procedural due process and takings claims, concluding they presented viable constitutional questions requiring further factual development.

Civil commitmentSexually Violent Predator ActPlea to the jurisdictionSovereign immunityUltra vires claimsAdministrative Procedure ActDue processTakings clauseCost recovery feesGovernment agency authority
References
65
Case No. MISSING
Regular Panel Decision
Mar 26, 1998

In Re Bagel Bros. Bakery & Deli, Inc.

This order addresses whether Federal Rule of Bankruptcy Procedure 1014(b) imposes an automatic stay on proceedings in a subsequently-filed bankruptcy case. The case involves three Chapter 11 cases of Bagel Bros. Maple, Inc. and Bagel Bros. Deli & Bakery, Inc. in the Western District of New York, which are related to earlier Chapter 11 cases of MBC in the District of New Jersey. MBC filed a motion in New Jersey seeking to transfer venue and requested that the New York court automatically stay its proceedings based on Rule 1014(b). Bankruptcy Judge Michael J. Kaplan ruled that Rule 1014(b) does not constitute an automatic or self-executing stay upon the mere filing of a motion. Instead, a judicial determination and order from the first-filed court (District of New Jersey) are required to impose such a stay, ensuring that substantive rights are not abridged and allowing for judicial discretion in emergency matters. Therefore, the proceedings in the Western District of New York are not automatically stayed.

Bankruptcy ProcedureAutomatic StayFederal Rule of Bankruptcy Procedure 1014(b)Venue TransferChapter 11 ReorganizationInter-district BankruptcyJudicial InterventionSubstantive RightsFranchise AgreementsCash Collateral Disputes
References
12
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. MISSING
Regular Panel Decision

Humphrey v. Council of Jewish Federations

Tyrone Humphrey sued his former employer, Council of Jewish Federations, Inc., alleging racial discrimination under Title VII of the Civil Rights Act and 42 U.S.C. § 1981. Humphrey claimed experiences of retrenchment, demotion, a racially hostile environment, denial of leave, unequal pay, negative performance evaluations, and retaliatory termination. The defendant moved to dismiss, citing untimely EEOC filings, unincluded claims, mootness, and statute of limitations. The court found Humphrey's EEOC filings timely due to a worksharing agreement and his hostile environment claim reasonably related. The court also ruled § 1981 claims were timely and prior arbitration did not preclude federal civil rights claims, ultimately denying the motion to dismiss in its entirety.

Racial DiscriminationTitle VIISection 1981Motion to DismissTimeliness of ClaimsEEOC Worksharing AgreementStatute of LimitationsArbitration PreclusionHostile Work EnvironmentRetaliation
References
24
Case No. MISSING
Regular Panel Decision

Knight v. Storex Systems, Inc.

The plaintiff, Brian V. Knight, holding a patent for dome-shaped storage structures, initiated legal action against multiple corporate and individual defendants for alleged willful patent infringement and contributory infringement. Additionally, Knight accused defendant Storex Systems, Inc., of breaching a licensing agreement related to the patent. The defendants filed motions seeking dismissal under various Federal Rules of Civil Procedure 12(b) subsections, or alternatively, for summary judgment under Rule 56. The court, presided over by Chief Judge McCurn, denied all motions to dismiss the patent infringement and breach of contract claims, citing that the arguments involved factual disputes necessitating discovery. The court also declined to convert the motion to dismiss into a motion for summary judgment, noting that the pleadings were not closed and the plaintiff had not been afforded a full opportunity to present Rule 56 material.

Patent InfringementLicensing AgreementBreach of ContractFederal Rules of Civil Procedure 12(b)Federal Rules of Civil Procedure 56Motion to DismissSummary JudgmentRes JudicataContributory InfringementPatent Law
References
5
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

Cullen v. BMW of North America, Inc.

This memorandum order addresses a plaintiff's failure to file a timely jury demand in a case removed from state to federal court. The plaintiff argued the removal was improper due to defendant's procedural errors, which they contended should extend the jury demand period or warrant a remand to state court. The court ruled that the defendant's procedural oversights in the state court filing did not affect the federal court's jurisdiction or extend the plaintiff's time for a jury demand. Citing Federal Rules of Civil Procedure 38(b) and 39(b), the court denied the plaintiff's request to allow the untimely jury demand, stating that mere inadvertence is not sufficient for relief. However, the court granted the plaintiff leave to serve an amended complaint, while noting that asserting a new theory of recovery does not automatically grant a right to a jury trial for a previously waived issue.

Jury DemandRemoval of ActionFederal Civil ProcedureWaiver of Jury TrialAmended PleadingsJudicial DiscretionProcedural RulesTimelinessFederal Court Jurisdiction
References
20
Case No. MISSING
Regular Panel Decision

Federated Insurance Co. v. Lethcoe

Vernon Lethcoe died in 1995 from work-related injuries. His employer's insurance carrier, Federated Insurance Company, initially agreed to a settlement of $153,116.00 for his family, the Lethcoes, which was approved by the chancery court. Nearly two years later, following a new interpretation of workers' compensation law by the Supreme Court in Spencer v. Towson Moving & Storage, Federated sought to modify the judgment, arguing for a reduced benefit of $105,548.00 based on a mutual mistake of law. The trial court and Special Workers’ Compensation Appeals Panel granted the modification. This Court reversed, holding that Tennessee Rule of Civil Procedure 60.02(5) cannot be used to relieve a party from a freely made, calculated, and deliberate settlement agreement, even if a subsequent legal interpretation proves more favorable.

Workers' CompensationJudgment ModificationRule 60.02(5)Settlement AgreementsMutual Mistake of LawFinality of JudgmentsAppellate ReviewAbuse of DiscretionTennessee Supreme CourtWorkers' Compensation Benefits Calculation
References
8
Case No. MISSING
Regular Panel Decision
May 30, 1991

Bonilla v. New York City Civil Service Commission

In a CPLR article 78 proceeding, the petitioner challenged a determination disqualifying him from a civil service eligible list for a sanitation worker position due to a psychiatric disorder. The Supreme Court, New York County, granted the respondents' cross motion to dismiss the petition, citing the petitioner's failure to commence the proceeding before the eligible list expired. The Appellate Division affirmed this decision, relying on established case law such as Matter of Deas v Levitt, which mandates dismissal if a challenge to an eligible list determination is not initiated prior to the list's expiration. This ruling emphasizes the procedural requirement for timely legal action concerning civil service eligible lists.

Civil Service LawEligible ListDisqualificationPsychiatric DisorderNervous BreakdownTimeliness of PetitionExpiration of Eligible ListProcedural DismissalJudicial ReviewAppellate Affirmation
References
12
Case No. 00-2341
Regular Panel Decision
May 07, 2002

Iwachiw v. NYC Brd of Education

Walter N. Iwachiw, acting pro se, initiated a federal action alleging a conspiracy to fix bid prices for computer-related equipment and services. The plaintiff sued the New York City Board of Education, various Boards of Cooperative Services (Boces defendants), Meizner Business Machines, Microsoft Corporation, and J & L Information Services. This federal complaint followed a state court action with similar allegations, which was dismissed. The defendants filed motions to dismiss the amended federal complaint under Rules 8(a) and 12(b)(6) of the Federal Rules of Civil Procedure. The court denied dismissal under Rule 8(a) but granted motions to dismiss for the Boces defendants, Meizner, and Microsoft due to claims being time-barred by the statute of limitations. While the motion to dismiss against the Board of Education was also granted, the plaintiff was given 30 days to file another amended complaint specifically concerning 1998 non-responsive bidder proceedings. Additionally, due to the plaintiff's history of vexatious litigation, the court issued a filing injunction, requiring him to seek leave before filing any new actions against the Boces defendants, Meizner, and Microsoft related to the alleged conspiracy.

Bid RiggingAntitrustCivil RightsConspiracyPro Se LitigationStatute of LimitationsRes JudicataFailure to State a ClaimFiling InjunctionFederal Rules of Civil Procedure
References
61
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