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

Case No. W2012-00469-COA-R3-PT
Regular Panel Decision
Sep 17, 2012

In the Matter of: D.C., Jr., G.C., D.C., and H.C.

This case concerns the appeal of D.C., Sr. against the termination of his parental rights to his four children (D.C., Jr., G.C., D.C., and H.C.). The Tennessee Department of Children’s Services (DCS) removed the children due to neglect and abuse. The juvenile court terminated his parental rights on grounds of abandonment (failure to provide a suitable home), substantial noncompliance with the permanency plan, and persistent conditions. The Court of Appeals affirmed the termination, agreeing with the juvenile court on most grounds but reversing the finding on abandonment by failure to support, concluding that even minimal payments were token support and that the father ceased payments upon moving to Texas. The appellate court found overwhelming evidence that termination was in the children's best interest.

Parental Rights TerminationChild NeglectChild AbuseAbandonmentPermanency Plan NoncompliancePersistent ConditionsJuvenile Court AppealChild SupportBest Interest of ChildFoster Care
References
39
Case No. No. 08-07-00346-CV
Regular Panel Decision
Feb 24, 2010

W.C. LaRock, D.C., P.C. D/B/A Auto & Work Injury Clinic and Maria Del Carmen Gallardo/Rosemary Smith v. Rosemary Smith/W.C. LaRock, D.C., P.C. D/B/A Auto & Work Injury Clinic and Maria Del Carmen Gallardo

Rosemary Smith, an El Paso Police Officer, sued W.C. LaRock, D.C., P.C., d/b/a Auto & Work Injury Clinic, and its employee Maria Gallardo, alleging negligence after a physical therapy session aggravated a prior back injury. The City of El Paso, Smith's worker's compensation subrogee, joined as a plaintiff. The jury found Gallardo negligent, awarding Smith $488,000, which the trial court reduced to $339,983.58. Both parties appealed. The Court of Appeals found the expert testimony on causation insufficient to establish that Gallardo's therapy proximately caused Smith's reherniation, as the expert only stated it was "possible." The court reversed the trial court's judgment.

Medical MalpracticeNegligenceCausationExpert TestimonyPhysical TherapyHerniated DiscSpinal SurgeryProximate CauseLegal SufficiencyAppeal
References
33
Case No. No. E2003-01832-COA-R3-PT
Regular Panel Decision
Jun 07, 2004

In Re: C.D.C., Jr.

The case "In re C.D.C., JR." concerns the termination of parental rights of Christopher Dean Collins, Sr. to his son, C.D.C., Jr. The Juvenile Court for Greene County terminated the father's rights based on statutory grounds of willful non-support, non-visitation, and the child's best interests. The father appealed, arguing he was unaware of his son's location. The Court of Appeals of Tennessee at Knoxville affirmed the lower court's decision, citing the father's lack of credibility, failure to maintain contact or provide support despite legal obligations, and general indifference. The court emphasized that the child was thriving in a prospective adoptive foster home, making termination in his best interest, and found clear and convincing evidence of abandonment and parental unfitness.

Termination of Parental RightsChild AbandonmentChild SupportParental UnfitnessBest Interest of ChildAppellate CourtJuvenile LawVisitation RightsDue ProcessCredibility Assessment
References
16
Case No. 2015-2609 Q C
Regular Panel Decision
Jun 01, 2018

Gl Acupuncture, P.C. v. Allstate Ins. Co.

This case involves an appeal by GL Acupuncture, P.C., as assignee of Dwayne O. Ferguson, against Allstate Insurance Company regarding first-party no-fault benefits. The Civil Court of the City of New York, Queens County, had initially denied plaintiff's motion for summary judgment and granted defendant's cross-motion, dismissing the complaint due to alleged excessive charges. On appeal, the Appellate Term, Second Department, found that Allstate Insurance Company failed to demonstrate timely mailing of denial of claim forms, thus precluding their defense. However, GL Acupuncture, P.C. also failed to establish its entitlement to summary judgment. Therefore, the Appellate Term modified the order by denying the defendant's cross-motion for summary judgment, while affirming the denial of the plaintiff's motion for summary judgment.

No-fault benefitsSummary judgmentDenial of claimTimely mailingStandard office practiceInsurance defenseAppellate reviewPrima facie caseExcess workers' compensation fee scheduleAssignee claims
References
4
Case No. MISSING
Regular Panel Decision
Jul 10, 2013

Christopher C. v. Bonnie C.

This divorce action between Christopher C. and Bonnie C. addresses equitable distribution, spousal maintenance, and counsel fees. The defendant, Bonnie C., who has a court-appointed guardian due to mental and emotional difficulties, had separated from the plaintiff in 2003 and informally divided marital assets. The court ratified this prior asset division, noting the defendant had dissipated her share. Finding the defendant unable to work and self-support, and the plaintiff capable of employment despite his claims of disability, the court awarded the defendant non-durational permanent maintenance of $2,500 per month and substantial attorney's fees. The plaintiff's motion to suspend or refund temporary maintenance was denied.

DivorceSpousal MaintenanceEquitable DistributionGuardianshipMental Health IssuesAsset DissipationAttorney's FeesFinancial CapacityPermanent MaintenanceMarital Property
References
12
Case No. 02-15-00044-CV
Regular Panel Decision
May 12, 2016

in the Interest of M.C. and A.C., Minor Children

In this case, R.C. appealed the trial court's judgment for S.G. regarding past-due child support. The dispute originated from a 1986 divorce decree ordering R.C. to pay child support, which S.G. sought to collect over two decades later. The trial court initially awarded S.G. $139,976.43, but this order was later set aside, and a new trial was granted. Subsequently, the trial court signed a judgment for S.G. in the amount of $146,437.56, plus interest, attorney's fees, and court costs. R.C. challenged the sufficiency of the evidence for the arrearages calculation and the award of attorney's fees, and also requested a payout schedule. The appellate court affirmed the attorney's fees and the decision not to establish a payout schedule, but reversed the amount of child support arrearages, rendering judgment for S.G. in the amount of $104,862.27, which was the amount R.C. had stipulated to.

Child Support ArrearagesFamily LawAppellate ReviewSufficiency of EvidenceInterest CalculationAttorney's FeesDefault JudgmentMotion for New TrialWage AssignmentChild Support Enforcement
References
38
Case No. 07-15-00327-CV
Regular Panel Decision
Jun 14, 2015

Herring Bancorp, Inc. C.C. Burgess And C. Campbell Burgess v. John Mikkelsen, Acting Solely in His Capacity as Trustee of the John Mikkelsen Trust

This case concerns a dispute over the redemption of preferred shares and claims of minority shareholder oppression. Appellants, Herring Bancorp, C.C. Burgess, and C. Campbell Burgess, argue that the trial court erred in finding their 2006 and 2013 share redemptions invalid and in ruling that minority oppression is a viable cause of action under Texas law. They contend that Mikkelsen's tort claims should have been dismissed and that all redemptions complied with the Articles of Incorporation, thus Mikkelsen is no longer a shareholder. Appellants seek to reverse the trial court's judgment, including awards for damages and attorney's fees, and request that judgment be rendered in their favor or the case be remanded for a new trial.

Minority Shareholder OppressionStock RedemptionBreach of ContractFiduciary DutySubchapter S CorporationCorporate GovernanceAppellate ProcedureDeclaratory JudgmentAttorney FeesJury Instruction Error
References
51
Case No. MISSING
Regular Panel Decision
Jul 19, 2001

LaBarbera v. C. Volante Corp.

This action, brought under the Labor Management Relations Act and ERISA, sought recovery of delinquent pension fund contributions from October 1, 1993, to June 30, 1997. The court previously granted default judgment against C. Volante Corp. and C. Volante Trucking Corp. Plaintiffs, trustees of Local 282 Funds, moved for summary judgment against the remaining defendant, Vital Trucking Corp. The court found C. Volante Corp. liable for contributions based on its course of conduct, adopting collective bargaining agreements. C. Volante Trucking Corp. was found jointly liable under the 'single employer' theory due to shared operations, management, and ownership with C. Volante Corp. Vital Trucking Corp. was found jointly and severally liable under the 'alter ego' theory, as it was formed shortly after Volante/Trucking ceased operations, sharing substantially identical business purpose, equipment, customers, and management with the Volante family, indicating an attempt to avoid CBA obligations. The court denied Vital's motion for summary judgment and granted plaintiffs' motion, adopting the Magistrate Judge's recommendation for damages.

Labor Management Relations ActEmployee Retirement Income Security ActPension Fund ContributionsDelinquent ContributionsSummary JudgmentDefault JudgmentSingle Employer DoctrineAlter Ego DoctrineCollective Bargaining AgreementUnion Labor
References
16
Case No. 2015-2389 S C
Regular Panel Decision
Apr 13, 2017

Thomas Dow, D.C., P.C. v. New York Cent. Mut. Fire Ins. Co.

This case involves an appeal from an order of the District Court of Suffolk County concerning a provider's action to recover assigned first-party no-fault benefits. The defendant, New York Central Mutual Fire Ins. Co., moved for summary judgment, asserting that the amount sought by the plaintiff exceeded the workers' compensation fee schedule. The District Court initially denied this motion, citing the defendant's failure to establish timely denial of claims. However, the Appellate Term reversed this decision, finding that the defendant had indeed timely mailed its denial forms and made a prima facie showing that the charges were in excess of the permitted fee schedule. The plaintiff failed to provide admissible evidence to counter the defendant's fee schedule defense. Consequently, the Appellate Term granted the defendant's motion for summary judgment.

No-Fault BenefitsSummary JudgmentWorkers' Compensation Fee ScheduleTimely DenialAppellate TermSuffolk CountyInsurance LawAssigned BenefitsMedical ProviderPrima Facie Showing
References
2
Case No. W2012-00925-COA-R3-CV
Regular Panel Decision
Mar 19, 2013

Hill Boren, P.C. v. Paty, Rymer and Ulin, P.C. and James Eric Hamm

This case involves an attorney’s fee dispute between two law firms and their client. Hill Boren, P.C. and Paty, Rymer & Ulin, P.C. jointly represented James Eric Hamm in a personal injury suit. Hamm later discharged Hill Boren, P.C., and Paty, Rymer & Ulin, P.C. continued the representation, settling the case and retaining the entire contingency fee. Hill Boren, P.C. sued for a share of the fee, alleging breach of contract and misrepresentation, among other claims. The defendants argued that Hill Boren, P.C. was limited to quantum meruit due to termination for cause. The trial court granted summary judgment to the defendants, and the Court of Appeals affirmed, finding that Hamm’s termination of Hill Boren, P.C. was for cause due to a lack of communication, limiting Hill Boren’s recovery to quantum meruit.

Attorney Fee DisputeContingency Fee AgreementQuantum MeruitFELA Railroad CaseClient-Attorney DischargeProfessional MalpracticeSummary Judgment AppealContract BreachFraudulent MisrepresentationIntentional Interference
References
45
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