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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

In Re Cypresswood Land Partners, I

The case involves an objection by Cypresswood Land Partners, I (Debtor) to the final fee application of its former counsel, Beirne, Maynard & Parsons, L.L.C. (BMP), in a Chapter 11 bankruptcy. The Debtor alleged that BMP failed to properly disengage from representing Stephen A. Morrow, the Debtor's managing venturer, individually, and failed to adequately disclose this continued representation to the court. Additionally, the Debtor claimed BMP's final application was untimely filed, and an agreement signed by Morrow, which made him and another entity (Grace Interests, L.L.C.) liable for BMP's fees, was overreaching. The Bankruptcy Court sustained the Debtor's objections, denying all compensation and reimbursement to BMP, and ordering the firm to disgorge all fees already paid. The court found that BMP violated professional conduct rules, failed to disclose conflicts, filed late without cause, and presented an overreaching agreement.

BankruptcyChapter 11Attorney FeesFee Application ObjectionProfessional EthicsConflict of InterestDisclosure ViolationDisgorgement of FeesUntimely FilingFiduciary Duty
References
29
Case No. MISSING
Regular Panel Decision

Edwards Aquifer Authority v. Chemical Lime, Ltd.

Justice Willett concurs with the Court's judgment, agreeing that the Edwards Aquifer Authority became effective as per the Bar-shop opinion date. However, he emphasizes the unresolved fundamental legal question concerning when an appellate-court judgment becomes final and takes effect, which he believes warrants the Court's rulemaking attention. He argues that the mandate, rather than the opinion's issuance, should generally be considered the definitive date for a judgment's finality and enforceability, citing various rules and statutes that link finality to the mandate's issuance. Willett contrasts his view with arguments that judgments are effective upon issuance, highlighting the period before a mandate issues during which the court can still modify its decision. He concludes by reiterating his agreement with the Court's outcome in the present case but advocates for clear guidelines on judgment finality through the rulemaking process.

Appellate ProcedureJudgment FinalityMandateConcurring OpinionEdwards Aquifer Authority ActSupersedeasDeclaratory JudgmentInjunctionTexas Supreme CourtLegal Practice
References
18
Case No. ADJ426447 (RDG 0129495)
Regular
Jul 16, 2010

Shane Guest vs. Barrett Business Services

The Appeals Board dismissed the applicant's petition for reconsideration as he was not aggrieved by a final order. The applicant sought to set aside a settlement concerning the Employment Development Department's (EDD) lien, arguing it was made in error. However, the Board found that the WCJ had not yet made a final determination on the EDD lien, which is a prerequisite for the Board to have jurisdiction to approve or disapprove such a settlement. Therefore, the matter is returned to the trial level for a final determination of the EDD's lien.

WCABPetition for ReconsiderationDismissalEDD LienTrial LevelFinal DeterminationTemporary DisabilityEmployment Development DepartmentStipulationDeferred Lien
References
1
Case No. MISSING
Regular Panel Decision

United States v. Visa U.S.A. Inc.

This civil action, brought by the Antitrust Division of the Department of Justice against Visa and MasterCard, alleged violations of Section 1 of the Sherman Antitrust Act concerning governance and exclusionary rules. Following an earlier decision finding exclusionary rules anti-competitive, this Opinion addresses various proposed modifications to the court's Proposed Final Judgment. The court rejected anti-discrimination provisions and the exclusion of corporate and small business cards from the remedy. It clarified provisions regarding dual issuance of debit cards, the liability of Visa International, and modified the rescission period for agreements. Additionally, the court specified that MasterCard's Competitive Programs Policy repeal applies only to issuers. The Final Judgment is set to expire in ten years.

Antitrust LawSherman ActCredit Card NetworksDebit Card ExclusivityFinal Judgment ModificationMarket CompetitionExclusionary PracticesFinancial ServicesCorporate CardsSmall Business Cards
References
4
Case No. MISSING
Regular Panel Decision

National Propane Gas Ass'n v. United States Department of Transportation

This case involves a challenge by plaintiffs National Propane Gas Association, Northwest Butane Gas Co., and Huffhines Gas, Inc. against the United States Department of Transportation (DOT) and the Research and Special Programs Administration (RSPA). The plaintiffs sought to stay and enjoin the enforcement of RSPA's "Final Rule" and its interpretation of the "Attendance Regulation," alleging violations of the Administrative Procedure Act and the Regulatory Flexibility Act. Both regulations pertain to safety requirements for cargo tank motor vehicles transporting liquefied compressed gases, particularly concerning emergency discharge control systems and operator presence during unloading. The court sided with the defendants, upholding both the Final Rule and RSPA's interpretation of the Attendance Regulation. The ruling affirmed that RSPA's actions were within its statutory authority, were not arbitrary or capricious, and complied with the RFA, based on reasoned decision-making in response to widespread industry noncompliance and potential safety risks.

Regulatory challengeadministrative lawhazardous materialscargo tanksliquefied gasespropanepublic safetyemergency discharge controloperator attendanceRSPA
References
23
Case No. ADJ8433569
Regular
Jan 28, 2015

MICHAEL KATZ vs. CITY OF CALIFORNIA CITY, YORK RISK SERVICES GROUP

The Workers' Compensation Appeals Board (WCAB) dismissed the Applicant's petition for reconsideration. This dismissal was based on the principle that reconsideration can only be sought for final orders, not interlocutory procedural rulings. The WCAB clarified that pre-trial orders concerning evidence, discovery, trial scheduling, or venue are considered interlocutory and do not determine substantive rights. Therefore, the petition was dismissed as it was not filed in response to a final, appealable decision.

Petition for ReconsiderationDismissalInterlocutory OrderFinal OrderSubstantive RightLiabilityWCJAdministrative Law JudgeWorkers' Compensation Appeals BoardPre-trial Order
References
5
Case No. ADJ7182186
Regular

EULISES MENDEZ vs. ALBERTSON'S, SEDGWICK CMS

The Workers' Compensation Appeals Board (WCAB) dismissed Eulises Mendez's Petition for Reconsideration. This dismissal was based on the principle that reconsideration can only be granted for final orders, not interlocutory procedural rulings. The WCAB clarified that pre-trial orders regarding evidence, discovery, or trial scheduling are not final and thus not subject to reconsideration. The applicant was admonished for filing an improper petition and warned of potential sanctions for future similar conduct.

Petition for ReconsiderationDismissalInterlocutory OrderFinal OrderSubstantive RightLiabilityNotice of IntentionWCABALJLabor Code 5900
References
5
Case No. ADJ1756675 (STK 0194632) ADJ2792711 (STK 0194633)
Regular
Sep 21, 2009

Scott Davis vs. RMC PACIFIC MATERIALS, INC., TRAVELERS INDEMNITY OF ILLINOIS

The applicant sought reconsideration of a Joint Findings and Award concerning industrial injuries to his right arm, shoulder, neck, psyche, and right foot/ankle. The WCJ deferred the issue of permanent disability for further medical development. The applicant's petition for reconsideration, which challenged this deferral, was dismissed. This dismissal was based on the principle that reconsideration can only be sought from a final order, and the WCJ's deferral of issues for further development is an interlocutory procedural decision. The applicant may seek reconsideration of a final award once permanent disability is determined.

Workers' Compensation Appeals BoardPetition for ReconsiderationJoint Findings and AwardIndustrial InjuryWelder/MechanicRight ArmShoulderNeckPsycheTemporary Disability
References
10
Case No. ADJ6747918
Regular
Dec 27, 2010

BERNARD ELKINS vs. SCULLY DISTRIBUTIONS SERVICES, HARTFORD SACRAMENTO

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's Petition for Reconsideration because the underlying order denying sanctions without prejudice was not a final order. The WCAB also denied the defendant's Petition for Removal, finding no showing of significant prejudice or irreparable harm required for such an extraordinary remedy. The defendant had sought sanctions for alleged frivolous litigation, but the judge ordered them to first resolve venue disputes in a related San Bernardino case. This decision upholds the principle that reconsideration and removal are reserved for final orders or exceptional circumstances.

WCABPetition for ReconsiderationPetition for Removalsanctionsfrivolous litigationbad-faith litigationvenuechoice of venuewithout prejudicefinal order
References
3
Case No. MISSING
Regular Panel Decision

Garza v. Rodriguez

Appellants Francisca Rodriguez Garza, et al., appealed the dismissal of their suit by the 229th District Court of Starr County. They sought to construe the probated will of their aunt, Maria Lopez de Pena, asserting ownership of real property based on a shifting executory interest. The district court dismissed the case for want of jurisdiction, reasoning that it could not interfere with the final 1957 probate order from the constitutional county court of Starr County, which had granted fee simple absolute title to Santiago Rodriguez, Jr. The appellate court affirmed the dismissal, upholding the principle that a court cannot undo the final judgment of another court of equal jurisdiction.

Probate LawWill ConstructionJurisdictional DisputeEstate AdministrationFee SimpleExecutory InterestNon-interference DoctrineStare DecisisTexas LawReal Property
References
17
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