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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
Feb 14, 1997

Nunez v. A-T Financial Information, Inc.

Plaintiff, an account executive at A-T Financial Information, Inc. (ATF), alleged sexual harassment and discrimination by defendant Andrews, ATF's Vice President of Sales. During a sales dinner, Andrews made crude sexual remarks to the plaintiff. Following the incident, plaintiff reported the conduct, experienced a deterioration in her work relationships, and was ultimately terminated by ATF. She filed a lawsuit alleging violations of federal and New York Human Rights Law, as well as common law claims for defamation, intentional infliction of emotional distress, and breach of an implied covenant of good faith and fair dealing. The court granted ATF's motion to dismiss the common law claims, ruling that the defamation claim lacked special damages, Andrews' conduct, while reprehensible, did not meet the 'outrageous' standard for emotional distress, and New York law does not recognize an implied covenant in at-will employment.

Sexual harassmentWorkplace discriminationHostile work environmentDefamation lawIntentional infliction of emotional distressAt-will employmentMotion to dismissNew York common lawTitle VII claimsHuman Rights Law
References
28
Case No. M2003-02030-COA-R3-CV
Regular Panel Decision
Dec 09, 2005

Consumer Financial Services (Management) Inc., G. Ronald Hall, and Jacquelene O'Rourke Hall v. Consumer Financial Services Management, L.L.C. and Gabriel, L.L.C.

This contract action involved the sale of a loan company. The purchasers encountered significant financial and operational problems post-closing and sought to rescind the transaction, while the sellers later sued for breach of contract. The purchasers filed a counter-complaint, alleging fraudulent inducement through multiple misrepresentations. The trial court sided with the purchasers, finding the sellers had committed fraud, granting rescission of the sale agreement, and awarding compensatory damages, while dismissing the sellers' complaint. The sellers appealed. The Court of Appeals affirmed the trial court's decision, concluding that there was ample evidence of fraudulent misrepresentations and omissions by the sellers, and that the remedies of contract unenforceability, rescission, and damages were appropriate.

Contract DisputeFraudulent InducementRescission of ContractBreach of ContractBusiness AcquisitionMisrepresentationDue DiligenceFinancial DisclosureAppellate ReviewDamages Calculation
References
19
Case No. MISSING
Regular Panel Decision

Envoy Medical Systems, L.L.C. v. State

Envoy Medical Systems, L.L.C. and Independent Review Incorporated, both Independent Review Organizations (IROs), appealed a trial court's judgment denying their request to exempt certain records from disclosure under the Public Information Act (PIA). They sought to prevent the release of information pertaining to their reviewers, reviewer contracts, and compensation terms, arguing that this information was either 'confidential by law' or fell under the commercial or financial information exception of the PIA. The Texas Department of Insurance, having received the initial information request, had interpreted its rules to protect patient-specific data provided *to* IROs, not data provided *by* IROs as part of their certification application. The appellate court affirmed the trial court's judgment, concluding that the appellants failed to demonstrate that any exception to public disclosure applied to the disputed information.

Public Information ActOpen Records ActConfidentiality ExemptionCommercial InformationFinancial InformationIndependent Review OrganizationsIRO CertificationMedical NecessityUtilization ReviewTrade Secrets
References
12
Case No. 01-17-00146-CV
Regular Panel Decision
Aug 27, 2019

Michael Fallon, M.D. v. the University of Texas MD Anderson Cancer Center and Craig Henderson as Officer for the Public Information for the University of Texas MD Anderson Cancer Center

Michael Fallon, M.D. sued the University of Texas MD Anderson Cancer Center and Craig Henderson under the Texas Public Information Act (PIA) after they denied his request for certain information, claiming it was held by an affiliated private entity, the MD Anderson Physicians Network. The trial court dismissed Fallon's suit. The appellate court reversed the dismissal of Fallon's mandamus claim, finding a genuine issue of material fact regarding whether the Cancer Center had a right of access to the Physicians Network's records, thereby making the information "public information" under the PIA. However, the court affirmed the dismissal of Fallon's declaratory judgment claim, stating that the Declaratory Judgments Act does not waive sovereign immunity for such claims. The case was remanded for further proceedings consistent with the opinion.

Public Information ActSovereign ImmunityDeclaratory JudgmentMandamusGovernmental BodyNon-profit OrganizationPhysicians NetworkMedical Peer ReviewSummary JudgmentPlea to Jurisdiction
References
56
Case No. 13-10-00693-CV
Regular Panel Decision
Jul 01, 2011

Counsel Financial Services, L.L.C. v. DAVID McQUADE LEIBOWITZ AND DAVID McQUADE LEIBOWITZ, P.C.

Counsel Financial Services, L.L.C. appealed the denial of its motion to transfer venue from Hidalgo County to Bexar County. This appeal stemmed from Counsel Financial's intervention in a personal injury lawsuit, seeking to claim attorney's fees owed to David McQuade Leibowitz from a settlement. Leibowitz, in turn, intervened defensively, asserting claims against Counsel Financial and seeking injunctions. The appellate court examined whether an interlocutory appeal of the venue ruling was permissible under section 15.003 of the Texas Civil Practice and Remedies Code, which applies to multiple plaintiffs. The court concluded that Leibowitz was an intervening defendant, not a plaintiff, therefore section 15.003 did not apply, and dismissed the appeal for want of jurisdiction.

VenueInterlocutory AppealJurisdictionMotion to TransferTexas Civil Practice and Remedies CodeInterventionPlaintiff StatusDefendant StatusForeign Judgment EnforcementAppellate Court Dismissal
References
19
Case No. MISSING
Regular Panel Decision

Texas Health Care Information Council v. Seton Health Plan, Inc.

Seton Health Plan, Inc., a licensed health maintenance organization (HMO), failed to file its annual Health Plan Employer Data Information Set (HEDIS) reports for 1999 and 2000 with the Texas Health Care Information Council, leading to a dispute over civil penalties. The State, through the Attorney General, initially demanded $153,000, interpreting 'each act of violation' as each day of non-compliance, while Seton contended the maximum penalty was $10,000 per unfiled report. Seton filed a declaratory judgment action to construe the statute, and the district court sided with Seton, assessing a minimum penalty of $1,000 for each report. The State appealed, raising issues of mootness, sovereign immunity, the penalty amount, denial of injunctive relief, and attorney's fees. The appellate court affirmed the district court's interpretation of the penalty, the assessed penalties, and the denial of injunctive relief, but remanded the issue of the State's attorney's fees.

Declaratory JudgmentStatutory ConstructionCivil PenaltiesSovereign ImmunityInjunctive ReliefAttorney's FeesHEDIS ReportHealth Maintenance OrganizationTexas Health and Safety CodeAdministrative Procedure Act
References
43
Case No. 11-12-00290-CV
Regular Panel Decision
Dec 04, 2014

Linda Lewis v. Ally Financial Inc. F/K/A GMAC, Inc. D/B/A GMAC

Linda Lewis appealed the trial court's summary judgment in favor of Ally Financial Inc. Ally Financial had sued Lewis for breach of contract and foreclosure of security interest after she defaulted on a car loan and the vehicle was sold for less than the amount owed. Lewis raised several issues on appeal, including alleged judicial bias (recusal motions), violations of her constitutional rights (Fifth, Sixth, and Fourteenth Amendments), and improper grant of summary judgment. The appellate court affirmed the trial court's decision, finding no procedural or substantive errors. The court concluded that Lewis failed to preserve some issues and that her arguments lacked merit, thus upholding the lower court's ruling.

Appeals CourtSummary JudgmentBreach of ContractForeclosureRecusal MotionConstitutional RightsDue ProcessFifth AmendmentSixth AmendmentFourteenth Amendment
References
44
Case No. 03-02-00114-CV
Regular Panel Decision
Dec 19, 2002

Texas Health Care Information Council and the State of Texas, Office of the Attorney General v. Seton Health Plan, Inc.

This case involves an appeal by the Texas Health Care Information Council and the State of Texas, Office of the Attorney General, against Seton Health Plan, Inc. The core dispute centered on the interpretation of civil penalties for Seton's failure to file annual Health Plan Employer Data Information Set (HEDIS) reports as required by the Texas Health and Safety Code. Seton sought a declaratory judgment asserting that the maximum penalty for such a violation was $10,000 per report, while the State initially pursued a penalty based on each day of violation. The district court sided with Seton on the maximum penalty, assessed minimum penalties of $1,000 for each of the two unfiled reports, denied the State's request for injunctive relief, and ordered the State to pay Seton's attorney's fees. On appeal, the Court of Appeals affirmed the district court's declaratory judgment, the denial of injunctive relief, and the penalty assessment. However, the appellate court reversed and remanded the issue of the State's attorney's fees, ruling that the State was statutorily entitled to reasonable attorney's fees under Government Code section 402.006(c) due to its recovery of a civil penalty.

Texas LawHealth Care RegulationHEDIS Report ViolationCivil PenaltiesDeclaratory Judgment ActionSovereign Immunity WaiverInjunctive Relief DeniedAttorney's Fees AwardStatutory ConstructionAdministrative Law
References
44
Case No. 05-18-00874-CV
Regular Panel Decision
Jul 12, 2019

James Damonte v. Hallmark Financial Services, Inc. and Heath XS, LLC

James Damonte appealed the trial court's denial of his motion to dismiss under the Texas Citizens Participation Act (TCPA) in a lawsuit brought by Hallmark Financial Services, Inc. and Heath XS, LLC. Hallmark accused Damonte of breaching fiduciary duty and contract, and violating the Texas Uniform Trade Secrets Act by misappropriating confidential information and soliciting employees after his resignation. Damonte argued the lawsuit targeted his rights to free speech and association, claiming his communications with employees were about workplace complaints. The Court of Appeals, Fifth District of Texas at Dallas, affirmed the trial court's decision. The court concluded that Damonte failed to demonstrate the TCPA applied, as Hallmark's claims were based on an alleged scheme to misuse confidential business information, not on protected expression concerning matters of public concern or public participation.

Texas Citizens Participation ActMotion to DismissFree Speech RightsRight of AssociationConfidential InformationTrade Secrets ActBreach of Fiduciary DutyBreach of ContractNon-Competition AgreementNon-Solicitation Agreement
References
10
Case No. 05 Civ. 606
Regular Panel Decision

Thomas v. Istar Financial, Inc.

Plaintiff Kenneth Thomas sued iStar Financial, Inc. and Ed Baron for race discrimination, hostile work environment, and retaliation under Title VII and the NYCHRL. Defendants sought summary judgment on all claims, citing Thomas's poor performance and denying discriminatory intent. The Court granted summary judgment for defendants on Thomas's hostile work environment, disparate treatment, and certain retaliation claims (continuing hostile work environment, threats, reprimands, and negative references). However, the Court denied summary judgment on Thomas's claims for discriminatory termination and retaliation in the form of termination, finding that genuine issues of material fact precluded a full dismissal.

Race DiscriminationRetaliationHostile Work EnvironmentTitle VII ClaimsNYCHRL ClaimsSummary Judgment MotionEmployment DiscriminationDisparate TreatmentWrongful TerminationFederal Litigation
References
66
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