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

Case No. 13-12-00055-CV
Regular Panel Decision
May 17, 2012

Charles W. Bishop Ii v. Troy Lee Perkins and Jeanine May Johnson

The appellant, an inmate named Charles W. Bishop II, appealed the dismissal of his civil suit as frivolous. He had filed a pro se lawsuit against Troy Lee Perkins and Jeanine May Johnson, alleging fraud, breach of contract, conspiracy, theft of trade secrets, and tortious interference. The trial court dismissed the suit under Chapter 14 of the Texas Civil Practice and Remedies Code because Bishop failed to provide the required information about his prior lawsuits. Bishop contended that this dismissal violated his constitutional right to open courts. The Court of Appeals affirmed the trial court's judgment, holding that the procedural requirements of Chapter 14 are reasonable restrictions on inmate litigation and serve the state's interest in conserving judicial resources from frivolous claims.

Inmate LitigationFrivolous LawsuitOpen Courts ProvisionDue ProcessConstitutional LawCivil ProcedurePrisoner RightsAbuse of Judicial SystemProcedural RequirementsTexas Constitution Article I Section 13
References
24
Case No. 09-08-00367-CV
Regular Panel Decision
Oct 08, 2009

Philip J. Pohl v. Polunsky Unit

Philip J. Pohl appealed the dismissal of his lawsuit under Chapter 14 of the Texas Civil Practice and Remedies Code. The Court addressed his contentions regarding exhaustion of administrative remedies, similarity of claims to previous lawsuits, the trial court's failure to grant leave to file, and the frivolity and legal basis of his claims. The court found that Pohl failed to comply with Section 14.005 of the Civil Practice and Remedies Code regarding exhaustion of remedies and that his motion to waive court costs under Section 14.011 was not sufficiently supported by an imminent danger of serious physical injury. The Court also found that Pohl did not provide adequate legal authority or analysis to support his claims, thus overruling his issues regarding frivolity and arguable basis in law. The trial court's judgment was affirmed.

Inmate litigationExhaustion of administrative remediesFrivolous claimsInjunctive reliefPrison Litigation Reform ActPLRATexas Civil Practice and Remedies CodeChapter 14Chapter 41Res judicata
References
18
Case No. 2024 NY Slip Op 04286
Regular Panel Decision
Aug 22, 2024

Reeves v. Associated Newspapers, Ltd.

This case concerns a defamation lawsuit filed by Karl Reeves and his associated companies against Associated Newspapers Ltd. and reporter Anneta Konstantinides. The lawsuit stemmed from an online article detailing Reeves' contentious divorce, child custody battle, and prior criminal charges. Defendants argued the claims constituted a Strategic Lawsuit Against Public Participation (SLAPP) and were protected under fair report privilege. The Supreme Court dismissed the complaint but denied attorneys' fees. On appeal, the Appellate Division clarified the "substantial basis in law" standard for anti-SLAPP suits, ruling it is a higher bar than merely avoiding frivolousness. The court concluded that the plaintiffs' claims lacked this substantial basis, thus entitling defendants to mandatory attorneys' fees. The case was modified to grant defendants' motion under CPLR 3211(g) and remanded for calculation of fees.

SLAPP suitAnti-SLAPP lawDefamationCivil Rights LawCPLR 3211(g)Attorneys' feesPublic interestSubstantial basisFair report privilegeTortious interference
References
44
Case No. 03-00-00115-CV
Regular Panel Decision
Jul 27, 2000

Riad Elsolh Hamad v. Austin Community College

Riad Elsolh Hamad, a former part-time economics instructor at Austin Community College (ACC), appealed a summary judgment rendered against him in his breach of contract suit. Hamad had been terminated due to student complaints and subsequently filed multiple lawsuits, both federal and state, challenging his termination. In the present case, ACC initially failed to respond to Hamad's lawsuit, leading to a default judgment. However, the district court granted ACC's motion for a new trial, citing mistake and the presentation of meritorious defenses, including sovereign immunity. Following the dismissal of Hamad's other related lawsuits (some with prejudice, others as frivolous), ACC successfully moved for summary judgment based on res judicata. The appellate court affirmed the district court's decision, concluding that the district court did not abuse its discretion in granting the new trial and correctly applied res judicata as all of Hamad's claims arose from the same factual nucleus.

Breach of ContractSummary JudgmentRes JudicataIssue PreclusionDefault JudgmentMotion for New TrialSovereign ImmunityPro Se LitigationFrivolous LawsuitAppellate Review
References
30
Case No. MISSING
Regular Panel Decision

El Paso Electric Co. v. Texas Department of Insurance

The Texas Supreme Court addressed whether the State Insurance Liquidator, acting as a receiver or conservator for an insolvent insurance company, qualifies as a 'state agency' under Chapter 105 of the Texas Civil Practice and Remedies Code. Chapter 105 permits litigants to recover fees and expenses if a state agency brings a frivolous claim. Reversing the lower courts, the Supreme Court determined that the receiver and conservator primarily perform a public, regulatory function under the ultimate control of the State Board of Insurance (or Department of Insurance). Therefore, their actions are attributable to the Board for Chapter 105 purposes. The case was remanded to the trial court to determine if the counterclaim was, in fact, frivolous.

Texas Civil Practice and Remedies CodeChapter 105State AgenciesFrivolous ClaimsInsurance RegulationState Insurance LiquidatorInsolvent InsurersReceivershipConservatorshipAttorney's Fees
References
26
Case No. 11-07-00116-CV
Regular Panel Decision
Jan 22, 2009

State Office of Risk Management v. Shawnae R. Foutz

The State Office of Risk Management (SORM) appealed a trial court's decision to sanction it for filing a frivolous lawsuit against Shawnae R. Foutz, who had suffered a compensable mental-trauma injury. The appellate court affirmed the trial court's finding that SORM's lawsuit was groundless and filed in bad faith, upholding the imposition of sanctions. However, it reversed the specific $100,000 monetary sanction, remanding the case for a new hearing to determine an appropriate amount, as the original order lacked a basis for its calculation. The court also noted SORM's misrepresentation of expert testimony during the appeal and indicated a separate show cause order would be issued for this conduct.

Frivolous LawsuitSanctionsMental Trauma InjuryPTSDJudicial ReviewAppellate ProcedureAbuse of DiscretionRule 13Chapter 10Expert Testimony
References
15
Case No. MISSING
Regular Panel Decision

STATE OFFICE OF RISK MANAGEMENT v. Foutz

Shawnae R. Foutz, a correctional officer, suffered PTSD after witnessing an inmate stabbing and was granted workers' compensation benefits. The State Office of Risk Management (SORM) challenged this finding through judicial review, arguing the injury was due to repetitive mental trauma, which is not compensable. A jury found in favor of Foutz, and the trial court sanctioned SORM and its attorneys for filing a frivolous lawsuit. The appellate court affirmed the trial court's finding that SORM filed a frivolous suit, stating there was no reasonable basis for their claim. However, the appellate court reversed the $100,000 monetary sanction imposed on SORM, remanding for a new hearing to determine an appropriate sanction, as the original amount lacked explanation.

Workers' CompensationFrivolous LawsuitSanctionsPTSDMental Trauma InjuryJudicial ReviewAppellate ProcedureAbuse of DiscretionTexas Rules of Civil ProcedureTexas Civil Practice & Remedies Code
References
15
Case No. 01 Civ. 7585(PKL)
Regular Panel Decision

Jones v. Hirschfeld

Paula Jones sued Abraham Hirschfeld for breach of contract, alleging he failed to pay her $1,000,000 as per an October 1998 agreement to settle her lawsuit against President Clinton. Hirschfeld had publicly offered this amount to Jones to drop her suit. Jones, however, later settled her Arkansas lawsuit against Clinton for $850,000, explicitly stating that Hirschfeld's money was no longer on the table. The court found that Jones's actions and the terms of the settlement agreement constituted an abandonment of her contract with Hirschfeld. Therefore, the defendant's motion for summary judgment was granted, dismissing Jones's complaint. The court also denied defendant's motions for recusal and a renewed jury trial, and imposed sanctions against the defendant and his attorney for the frivolous jury trial motion.

Breach of ContractSummary JudgmentRecusal MotionJury Trial WaiverContract AbandonmentUnilateral ContractSanctionsFrivolous MotionsFederal Civil ProcedureJudicial Discretion
References
42
Case No. 03-07-00067-CV
Regular Panel Decision
Aug 27, 2008

Luis Lagaite, Jr. v. Brad Livingston, David Doughty, Keith Clendennen, Tracy Allen, Joseph M. Smith and Kelli Ward

Luis Lagaite, Jr., an inmate, appealed the dismissal of his suit against employees of the Texas Department of Criminal Justice (TDCJ). Lagaite originally filed a petition for writ of mandamus in Travis County, alleging retaliation for reporting official misconduct and seeking reinstatement as a breakfast cook, among other reliefs. The TDCJ employees filed a motion to dismiss under Chapter 14 of the Civil Practice and Remedies Code, which allows dismissal of inmate lawsuits deemed frivolous or malicious, and the trial court granted this motion. The trial court dismissed Lagaite's suit for failing to comply with Section 14.004, which requires an inmate to file a declaration of previous lawsuits. The appellate court affirmed the trial court's order of dismissal, finding no abuse of discretion as Lagaite failed to provide the required declaration.

Inmate litigationpro se appealChapter 14 dismissalCivil Practice and Remedies Codefrivolous lawsuitadministrative remediesretaliationTexas Department of Criminal Justiceappellate reviewabuse of discretion
References
21
Case No. MISSING
Regular Panel Decision

Incantalupo v. Lawrence Union Free School District No. 15

The case concerns a motion for attorneys' fees and costs filed by Defendants against Plaintiffs and their former counsel, Robert M. Agostisi, following the dismissal of a lawsuit as frivolous. Plaintiffs had alleged that the Lawrence Union Free School District's "Consolidation Plan" to close a school and cut taxes violated the First and Fourteenth Amendments by favoring Orthodox Judaism. The Court, Seybert, District Judge, previously dismissed the initial complaint as frivolous, a decision upheld on appeal. In this memorandum and decision, the Court granted the motion for fees and costs in part, finding the Plaintiffs' complaint "completely without merit" and Mr. Agostisi's conduct demonstrated bad faith due to misrepresentation of facts and the inclusion of unnecessary, stereotypical, and offensive allegations. The Court awarded the Defendants $5,000 in attorneys' fees, to be equally assessed against the Plaintiffs and Mr. Agostisi, rejecting the Defendants' request for $120,000 as unreasonable.

Attorneys FeesFrivolous LitigationSanctionsFirst AmendmentEstablishment ClauseEqual ProtectionReligious DiscriminationSchool BoardTax CutsPublic Education
References
43
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