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

Case No. 10-06-00236-CV
Regular Panel Decision
Jan 09, 2008

What Happened in Felix vs. Weber Metals Reconsideration?

Navasota Resources, L.P. initiated a lawsuit to enforce a preferential right clause within a joint operating agreement with First Source Texas, Inc. and related entities concerning oil and gas interests. The trial court granted summary judgment for First Source and Chesapeake Energy Corp., denying Navasota's motion. On appeal, the court examined whether the preferential right was triggered by a multi-asset 'package deal' and if Navasota was obligated to accept all additional terms. The appellate court determined that the preferential right was indeed invoked, and Navasota was not required to agree to unrelated conditions like stock purchases or entry into an Area of Mutual Interest. Consequently, the court found a binding contract was formed, the preferential right provision was not an unreasonable restraint on alienation, and rejected defenses of mistake or unconscionability. The judgment of the trial court was reversed, with judgment rendered in favor of Navasota for breach of contract and specific performance, and the case was remanded for determination of attorney's fees and revenues.

Oil and GasPreferential RightJoint Operating AgreementSummary JudgmentBreach of ContractSpecific PerformanceRestraint on AlienationPackage DealAppellate ReviewContractual Option
References
92
Case No. MISSING
Regular Panel Decision

How Did the WCAB Rule in Hardgrove vs. Intercon Security?

Bobby Duncan, an employee of First Texas Homes, sustained injuries after falling from stairs on a construction site. He alleged negligence, citing unsafe working conditions and failure to inspect the premises, particularly due to insufficient clearance on the stair platform that violated OSHA and company safety standards. The trial court granted summary judgment in favor of First Texas. On appeal, the court reversed and remanded, finding that genuine issues of material fact existed regarding First Texas's actual knowledge of the dangerous condition, whether the condition posed an unreasonable risk of harm, and if First Texas's negligence was the proximate cause of Duncan's injuries. The court emphasized that an employee's awareness of a defect does not necessarily eliminate the employer's duty in a nonsubscriber case.

Summary JudgmentPremises LiabilityEmployer NegligenceNonsubscriber EmployerOccupational SafetyConstruction Site InjuryHazardous ConditionForeseeabilityProximate CauseAppellate Review
References
61
Case No. 2018 NY Slip Op 02766 [160 AD3d 921]
Regular Panel Decision
Apr 25, 2018

What Did the WCAB Decide in Cuadra vs. Community Home Care?

Ibia M. Clarke, an employee of First Student Management, LLC (FSM), sustained personal injuries due to a defective condition at FSM's premises. She subsequently filed a negligence action against First Student, Inc., the premises owner. The defendant sought summary judgment, arguing it was an alter ego of FSM, making workers' compensation her exclusive remedy under the Workers' Compensation Law. The Supreme Court, Nassau County, initially denied the defendant's motion. On appeal, the Appellate Division, Second Department, reversed the Supreme Court's order, finding that the defendant successfully demonstrated, prima facie, that it was an alter ego of the plaintiff's employer, FSM. Consequently, the defendant's motion for summary judgment dismissing the amended complaint was granted.

Personal InjuryNegligenceSummary JudgmentWorkers' Compensation LawExclusive RemedyAlter Ego DoctrineEmployer LiabilityPremises LiabilityAppellate ReviewCorporate Structure
References
9
Case No. MISSING
Regular Panel Decision

How Were Death Benefits Handled in Bocanegra vs. Sun-Gro Commodities?

This habeas corpus proceeding addresses the First Amendment associational rights' privilege against disclosure of membership lists for dissident groups, applied to states via the Fourteenth Amendment. Michael Lowe, Grand Dragon of the Texas Knights of the Ku Klux Klan, was held in contempt for refusing to produce the Klan's membership list during an investigation by the Texas Commission on Human Rights into housing discrimination in Vidor. The court found that the State failed to demonstrate a substantial relation between the requested information and a compelling state interest, as required by federal precedent. The State's various arguments, including a 'Ku Klux Klan' exception and waiver, were rejected. Consequently, the court granted Lowe's petition for writ of habeas corpus and ordered his discharge, emphasizing the protection of associational freedoms.

First AmendmentAssociational RightsHabeas CorpusKu Klux KlanMembership List DisclosureHousing DiscriminationContempt of CourtFreedom of AssociationFourteenth AmendmentCompelling State Interest
References
12
Case No. MISSING
Regular Panel Decision

Can a WCJ Be Disqualified for Appearance of Bias?

This case involves an action brought by a plaintiff against a defendant union seeking damages for assault and battery. The union filed a motion to dismiss the first cause of action alleged in the amended complaint. The court affirmed the order denying the union's motion to dismiss, insofar as appealed from. Additionally, the plaintiff was granted leave to serve a second amended complaint concerning the second cause of action within ten days from the entry of the order.

Assault and BatteryMotion to DismissAmended ComplaintUnion LiabilityDamagesCivil ProcedureAppellate ReviewCosts and DisbursementsPanel DecisionLeave to Amend
References
0
Case No. MISSING
Regular Panel Decision
Jul 28, 2015

What Were the Key Rulings in Torrez vs. SuperShuttle?

This putative class action challenges New York laws prohibiting non-lawyer equity ownership in law firms, alleging violations of the First and Fourteenth Amendments and the dormant Commerce Clause. The case was remanded from the Court of Appeals after an initial dismissal for lack of standing. Plaintiffs Jacoby & Meyers, LLP and Jacoby & Meyers USA II PLLC argued these laws impede their ability to raise capital and expand legal services. However, the District Court concluded that the plaintiffs' constitutional challenges were without merit. The court found that the proposed activity constituted commercial conduct, not protected speech or association, and that the state laws were rationally related to New York's legitimate interest in regulating the legal profession. Consequently, the defendants' motion to dismiss the third amended complaint was granted.

First AmendmentFourteenth AmendmentDormant Commerce ClauseLegal Profession RegulationNon-Lawyer Equity OwnershipLaw Firm FinancingConstitutional LawFreedom of SpeechFreedom of AssociationEqual Protection
References
76
Case No. 01-23-00619-CV
Regular Panel Decision
Apr 23, 2024

Why Was Removal Denied in Rush vs. California Correctional Institution?

First Transit, Inc. sought mandamus relief concerning the trial court’s order denying its motion for medical examinations of Stephon Gladney by First Transit’s experts. Gladney had filed a personal injury lawsuit against First Transit and Gwendolyn Neveu for injuries sustained in a collision. The appellate court conditionally granted the petition in part, finding the trial court abused its discretion by denying the examination by First Transit’s neurology expert, Dr. Steven Lovitt, as proper neurocognitive testing had not been performed and in-person examination was necessary. However, the court denied the petition regarding the orthopedic examination by Dr. R. Alexander Mohr due to insufficient evidence of necessity.

MandamusDiscoveryMedical ExaminationPersonal InjuryAbuse of DiscretionAdequate Remedy by AppealGood CauseNeurological InjuryOrthopedic InjuryExpert Witness
References
13
Case No. MISSING
Regular Panel Decision

What Did the WCAB Clarify in Ontiveros vs. Savers Stores?

This case involves an appeal by First State Bank against C.D. Morse concerning a judgment related to negligence and conversion. The core dispute arose when First State Bank, holding car titles as collateral for Morse, released them to Monte Scarbrough without Morse's approval. Scarbrough then sold the vehicles and used the proceeds to reduce his own separate debt owed to First State. The court examined several issues including negligence, the Texas Theft Liability Act, gross negligence, constructive trust, conversion, lost profits, joint enterprise, and agency. The court ultimately sustained First State's argument that the negligence finding was legally unfounded due to the unforeseeability of Scarbrough's criminal conduct. However, it reversed the trial court's refusal to enter judgment on the jury's finding that First State converted six of the car titles, thereby affirming the damages for conversion while reversing those for negligence.

NegligenceConversionCar TitlesForeseeabilityCausationTheft Liability ActGross NegligenceConstructive TrustLost ProfitsJoint Enterprise
References
24
Case No. MISSING
Regular Panel Decision

Why Was Reconsideration Denied in Gomez vs. Dorothy Stevens?

This case involves Twenty First Century L.P.I and Twenty First Century L.P.II, owners of McDonald's franchises, suing several defendants for fraud, breach of fiduciary duty, aiding and abetting, and RICO violations. The defendants, including former employees Michael Malpiedi and Richard Redzinski, engaged in a scheme to embezzle millions by submitting inflated invoices for construction work and receiving kickbacks. The court granted partial summary judgment, finding all listed defendants liable for common law fraud and aiding and abetting breach of fiduciary duty. Malpiedi and Redzinski were also found liable for breach of fiduciary duty. Additionally, Malpiedi, Redzinski, Stephen Delli Bovi, and Delli Bovi Construction Corporation were held liable for civil RICO damages. However, the plaintiff's motion for summary judgment regarding Angelo Vignola's and D & D Electric's RICO liability was denied, leaving that issue for trial.

FraudEmbezzlementKickbacksRICOBreach of Fiduciary DutySummary JudgmentCollateral EstoppelMail FraudWire FraudInterstate Commerce
References
24
Case No. MISSING
Regular Panel Decision

Why Was Reconsideration Dismissed in Sabino vs. Johnson Pump Company?

This case involves a motion by Defendant Gateway Bank to dismiss counts against it in the Third Amended Complaint filed by First Interregional Equity Corporation. First Interregional, a broker-dealer, alleges it was defrauded out of several hundred thousand dollars through the manipulation of 'penny stock' prices of Merlin Baines common stock. The Third Amended Complaint specifically alleges that Gateway Bank was negligent in the hiring, retention, and supervision of its vice-president, Raymond T. Bogert, and is vicariously liable under the doctrine of respondeat superior for his actions, which allegedly facilitated the fraudulent scheme. Gateway's motion sought dismissal for lack of subject-matter jurisdiction and failure to state a claim. The court denied the motion, finding supplemental jurisdiction over the state-law claims and a triable issue of fact regarding Bogert's apparent authority and Gateway's foreseeability of his conduct.

Securities FraudPenny StockBroker-Dealer LiabilityCorporate NegligenceRespondeat SuperiorApparent AuthoritySubject-Matter JurisdictionRule 12(b)(1) MotionRule 12(b)(6) MotionSupplemental Jurisdiction
References
17
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