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

Case No. 21-0676
Regular Panel Decision
Jun 07, 2024

Steve Huynh, Individually Yvonne Huynh, Individually Huynh Poultry Farm, LLC D/B/A Steve Thi Huynh Poultry Farm D/B/A Huynh Poultry Farm T & N Poultry Farm, LLC Thinh Bao Nguyen, Individually Timmy Huynh Poultry Farm Timmy Huynh, Individually And Sanderson Farms, Inc. v. Frank Blanchard, Angelia Snow, Tanya Berry, Kimberly Riley, John Miller, Amy Miller, Chad Martinez, Emily Martinez, Mersini Blanchard, Malakoff Properties, LLC, and Ronny Snow

This case originated from a nuisance suit brought by neighbors against two large poultry farms in Henderson County, Texas, operated by the Huynh family and Sanderson Farms, Inc. The neighbors alleged persistent, offensive odors constituting a nuisance. A jury initially found a temporary nuisance, leading the trial court to issue a permanent injunction that effectively shut down the farms. The Supreme Court of Texas affirmed the entitlement to permanent injunctive relief, agreeing that harm was imminent and legal remedies inadequate. However, it reversed the trial court's injunction in part, finding it overly broad for completely halting operations and imposing a wide geographic ban, and remanded the case for a more tailored injunction.

Nuisance LawPoultry FarmingEnvironmental RegulationsInjunctive ReliefProperty RightsOdor NuisanceTemporary NuisancePermanent NuisanceBalancing EquitiesJudicial Discretion
References
108
Case No. 13-15-00098-CV
Regular Panel Decision
Jun 04, 2015

Hudson Insurance Company v. Bruce Gamble Farms, Jim Gamble Farms, Brian Jones Farms, & Crop Guard Group, Inc.

The case involves an appeal regarding a trial court's denial of Hudson Insurance Company's motion to compel arbitration. Plaintiffs, Bruce Gamble Farms, Jim Gamble Farms, and Brian Jones Farms, sued Hudson and CropGuard Group, Inc., alleging overcharged crop insurance premiums for Crop Year 2013. The appellees argue that a valid and conscionable arbitration agreement did not exist, citing non-receipt of the policy, unconscionable terms like a shortened statute of limitations, and the dispute falling outside the arbitration clause's scope as it pertains to policy or procedure interpretation rather than claims for loss. The brief advocates for upholding the trial court's decision.

Crop InsuranceArbitrationContract DisputeUnconscionabilityAppellate ReviewInsurance PremiumsTexas LawFederal Arbitration ActMotion to CompelCivil Procedure
References
36
Case No. No. 10-12-00197-CV
Regular Panel Decision
Sep 05, 2013

Brian Dunn, Janel Dunn and Leisel Moseley v. Happy Hill Farm Academy/Home and Happy Hill Farm Children's Home Endowment Fund, Happy Hill Farm Children Home, Inc., A/K/A Dallas Cowboys Courage House

Appellants Leisel Moseley, Brian Dunn, and Janel Dunn appealed a summary judgment favoring Happy Hill Farm Academy/Home and related entities. They claimed wrongful termination, alleging Happy Hill Farm operates as a treatment or mental-health facility under the Texas Health and Safety Code, and contested the applicability of statutory exemptions. The court affirmed the summary judgment, ruling that Happy Hill Farm is neither a treatment nor a mental-health facility, but a basic child care facility with a school. Furthermore, the court found Happy Hill Farm exempt from former Chapter 242 of the Texas Health and Safety Code, as it operates under the jurisdiction of the Texas Department of Family and Protective Services, a recognized state agency.

Summary judgmentWrongful terminationTexas Health and Safety CodeMental health facilityTreatment facilityBoarding schoolState agency exemptionEmployment at willRetaliatory dischargeMedical misconduct
References
17
Case No. 03-98-00340-CV
Regular Panel Decision
Jun 17, 1999

Texas Natural Resource Conservation Commission Texas Farm, Inc. And Dean Paul D/B/A Paul Farms/Accord Agriculture, Inc. v. Accord Agriculture, Inc./Texas Natural Resource Conservation Commission Texas Farm, Inc. And Dean Paul D/B/A Paul Farms

Accord Agriculture, Inc. (Accord) initiated a lawsuit against the Texas Natural Resource Conservation Commission (TNRCC), challenging the validity of rules established for concentrated animal feeding operations (CAFOs). Accord contended that the TNRCC failed to meet the Administrative Procedure Act's (APA) reasoned justification requirement and exceeded its statutory authority in promulgating these rules. The trial court invalidated the CAFO rules due to the lack of reasoned justification but dismissed Accord's claims regarding a 'takings' violation and the constitutionality of the Right to Farm Act. On appeal, the Court of Appeals affirmed the invalidation of the CAFO rules and the dismissal of the 'takings' claim. However, it reversed the dismissal of Accord's challenge to the Right to Farm Act, remanding that specific issue for further proceedings.

Administrative Procedure ActReasoned JustificationConcentrated Animal Feeding OperationsEnvironmental RegulationWater QualityAir QualityDeclaratory JudgmentStandingTakings ClaimRight to Farm Act
References
55
Case No. 01-11-00383-CV
Regular Panel Decision
Jan 19, 2012

Mikuni Corporation v. Todd Foster and Candy Foster

This is a products liability lawsuit stemming from a motorcycle accident where Todd Foster was injured due to an allegedly defective carburetor. Appellees Todd and Candy Foster initially sued Classic Honda Mini Trails (CHT), which then filed third-party claims against Mikuni Corporation (Mikuni), the Japanese manufacturer of the carburetor. Mikuni appealed the trial court's denial of its special appearance, arguing a lack of personal jurisdiction in Texas. The appellate court examined both specific and general jurisdiction, including the alter-ego theory between Mikuni and its subsidiary MAC, ultimately concluding that Mikuni had not purposefully availed itself of the Texas market and that MAC's contacts could not be imputed to Mikuni. The court reversed the trial court's order and dismissed the case against Mikuni for lack of personal jurisdiction.

Personal JurisdictionProducts LiabilityCorporate VeilAlter EgoMinimum ContactsDue ProcessStream of CommerceTexas Long-Arm StatuteForeign ManufacturerSubsidiary
References
31
Case No. MISSING
Regular Panel Decision

Castillo v. Case Farms of Ohio, Inc.

A group of migrant farm workers filed a civil action against Case Farms of Ohio, claiming violations of the Migrant and Seasonal Agricultural Worker Protection Act (AWPA), the Fair Labor Standards Act (FLSA), and state laws. The plaintiffs, recruited from Texas to work in Ohio, alleged misrepresentations regarding employment terms, transportation, and housing conditions. The court found Case Farms liable for numerous AWPA violations, including using an unregistered farm labor contractor, failing to provide written disclosures, providing false information, violating working arrangement terms, failing to comply with housing health and safety codes, and failing to ensure vehicle insurance and inspection for the 1996 plaintiffs. Some 1997 plaintiffs also proved violations related to written disclosures and housing occupancy terms. The court awarded statutory and actual damages to different groups of plaintiffs for these violations, while rejecting most FLSA and state law claims due to insufficient evidence or lack of agency.

Migrant workers' rightsAgricultural employmentWorker Protection ActFair Labor Standards ActWage and hour violationsUnregistered labor contractorSubstandard housingUnsafe transportationFalse promisesJoint employer doctrine
References
71
Case No. No. 11-12-00339-CV
Regular Panel Decision
Nov 26, 2014

Alfred Elwess v. Farm Bureau County Mutual Insurance Company of Texas and Texas Farm Bureau Mutual Insurance Company

Alfred Elwess, injured in an auto accident, sought to recover under his underinsured motorist (UIM) coverage from Farm Bureau County Mutual Insurance Company of Texas and Texas Farm Bureau Mutual Insurance Company (Appellees). The Appellees filed a motion for summary judgment, arguing Elwess failed to obtain permission to settle with the tortfeasor and that his damages were covered by workers' compensation. The trial court granted summary judgment for the Appellees. The Eleventh Court of Appeals reversed, finding insufficient evidence that Elwess's failure to obtain permission materially prejudiced the Appellees' subrogation rights and that his damages were payable under workers' compensation, especially since his employer did not have such coverage. The court remanded the case for further proceedings.

Summary JudgmentUnderinsured Motorist (UIM)Insurance Coverage DisputeSettlement Without Consent ExclusionSubrogation RightsWorkers' Compensation ExclusionMaterial BreachActual PrejudiceAppellate ReviewDe Novo Review
References
7
Case No. MISSING
Regular Panel Decision

Mero v. Foster

The Supreme Court ruled that Farm Family Insurance Companies must defend and indemnify the Fosters under their primary liability policy. This decision was based on the interpretation of the optional farm employee coverage, which was deemed to cover the injuries of infant John Mero, Jr., resolving policy ambiguities in favor of the policyholder. Conversely, the court found Farm Family not obligated to indemnify the Fosters under their umbrella policy, as it specifically excluded workers' compensation-related injuries without optional coverage. This judgment, encompassing both the primary and umbrella policies, was unanimously affirmed on appeal.

Insurance LawPolicy InterpretationFarm Employee CoverageUmbrella PolicyDeclaratory JudgmentAppellate ReviewContract AmbiguityDuty to DefendIndemnificationWorkers' Compensation Exclusion
References
4
Case No. MISSING
Regular Panel Decision

DeLeon v. Gurda Farms, Inc. (In Re Gurda Farms, Inc.)

This case involves an appeal by thirteen migrant seasonal farmworkers (plaintiffs-appellants), who are creditors of defendants-bankrupts Gurda Farms, Inc. and Stanley Gurda. The farmworkers challenged a Bankruptcy Court order that denied their request to proceed in forma pauperis (without payment of fees) in their appeal. The plaintiffs had previously obtained a judgment against the defendants under the Farm Labor Contractor Registration Act of 1963 and were prosecuting that action in forma pauperis when the defendants filed for bankruptcy, automatically staying the civil suit. The core legal question is whether 28 U.S.C. § 1915(a), which allows individuals to proceed in forma pauperis, is applicable to creditors appealing a bankruptcy court's decision, especially given the Supreme Court's ruling in United States v. Kras. The District Court distinguished this case from Kras, noting the plaintiffs' pre-existing in forma pauperis status and the minimal impact on the bankruptcy system's self-supporting goal. The court granted the plaintiffs leave to prosecute this appeal in forma pauperis.

In Forma PauperisBankruptcy AppealCreditor RightsFarm Labor Contractor Registration ActStatutory InterpretationConstitutional LawDue ProcessEqual ProtectionReferees' Salary ActBankruptcy Fees
References
13
Case No. ADJ 8101286
Regular
Apr 09, 2012

BLANCA LARA vs. FOSTER FARMS

The Workers' Compensation Appeals Board (WCAB) denied Foster Farms' petition for removal, upholding the initial decision to deny a change of venue. The defendant argued for transfer to the Long Beach office based on Labor Code Section 5501.5, claiming the applicant's attorney's principal place of business was an improper venue choice. However, the WCAB found venue appropriate in Los Angeles County, as the applicant resided there, and the injury allegedly occurred there. No other grounds for good cause to transfer venue were established.

Petition for RemovalVenueLabor Code Section 5501.5Workers' Compensation Appeals BoardAdministrative Law JudgeCumulative TraumaPrincipal Place of BusinessObjectionsChange of VenueApplicant Residence
References
1
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