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

Case No. 01-05-00838-CV
Regular Panel Decision
May 31, 2007

Craig Thomas, Karen Thomas, Kaitlin Thomas and Caroline Thomas v. CNC Investments, L.L.P.

This case involves an appeal by Craig Thomas and his family (Appellants) against CNC Investments, L.L.P. (Appellee) following a summary judgment in favor of CNC. Deputy Craig Thomas was injured while assisting another deputy hired by CNC for security at an apartment complex; he was shot by the other deputy and run over by a suspect in a stolen vehicle. The Appellants sued CNC for vicarious liability for assault, premises liability, and negligent hiring. The Court of Appeals affirmed the trial court's summary judgment, ruling that the other deputy was acting as a public-safety officer, the "firefighter's rule" barred premises liability claims, and the negligent hiring claim lacked sufficient evidence.

Summary JudgmentVicarious LiabilityPremises LiabilityNegligent HiringFirefighter's RulePublic Safety OfficerOff-Duty OfficerRespondeat SuperiorLicensee DutyForeseeability
References
57
Case No. 13-13-00566-CV
Regular Panel Decision
Sep 11, 2014

C.L. Thomas, Inc. and Thomas Fuels Lubricants & Chemicals, Inc. v. Lexington Insurance Company and Acordia of Texas, Inc.

Appellants C.L. Thomas, Inc. and Thomas Fuels Lubricants & Chemicals, Inc. (Thomas) challenged a summary judgment favoring appellees Lexington Insurance Company (Lexington) and Acordia of Texas, Inc. (Acordia) regarding insurance coverage for an arbitration award. Thomas sought to recoup a $5 million arbitration award paid to an employee, Gregory Morris, for wrongful termination and defamation. Thomas's claims against Lexington for breach of contract and Texas Insurance Code violations were denied due to untimely notice, which the court found prejudiced Lexington. Thomas also sued Acordia for breach of contract and negligence. The appellate court affirmed the summary judgment for Lexington and for Acordia's negligence claims under the economic loss rule, but reversed and remanded the breach of contract claim against Acordia for further proceedings.

Insurance Coverage DisputeArbitration AwardWrongful TerminationDefamation ClaimsBreach of ContractNegligenceTimely Notice ProvisionClaims-Made PolicyOccurrence PolicyEconomic Loss Rule
References
26
Case No. 2019 NY Slip Op 01015 [169 AD3d 1479]
Regular Panel Decision
Feb 08, 2019

Matter of Monroe County Fedn. of Social Workers, IUE-CWA Local 381 v. Stander

The Appellate Division, Fourth Department, dismissed a CPLR article 78 proceeding commenced by the Monroe County Federation of Social Workers. Petitioner sought to compel Hon. Thomas A. Stander, a retired Supreme Court Justice, to render a judgment in an underlying special proceeding. The petition was found untimely, filed in August 2018, beyond the four-month statute of limitations from the December 2017 refusal of demand. Additionally, it was jurisdictionally defective due to a lack of personal jurisdiction over the respondent. Finally, the court concluded the petition was without merit, as mandamus relief is an extraordinary remedy for mandatory, not discretionary, acts, and the respondent's "decision and order" was deemed a judgment from which petitioner failed to appeal.

Mandamus to CompelCPLR Article 78Timeliness of ActionPersonal JurisdictionExtraordinary RemedyAppellate ProcedureJudgment EntrySpecial ProceedingSupreme Court JusticeRetired Justice
References
24
Case No. 14-16-00495-CV
Regular Panel Decision
Jul 08, 2016

in Re Tom Thomas, Dan Sheehan and Marc Culp, Individually and as Successor to the Interest of Thomas, Sheehan & Culp, L.L.P

Relators Tom Thomas, Dan Sheehan, and Marc Culp, in their capacity as successors to the law firm Thomas Sheehan & Culp, LLP, initiated legal action against Legacy Trust Company, N.A., which serves as the court-appointed Receiver for the Article IV Trust. The core of their dispute revolves around the collection of a contingent fee. Initially filed in Dallas County, the lawsuit was subsequently transferred to Harris County Probate Court Number Two. Following this transfer, the Relators filed a Motion for Emergency Stay of Proceedings to circumvent discovery obligations, a motion that was granted on July 8, 2016. Legacy Trust Company, acting as the Real Party in Interest, has since filed a Motion to Reconsider the Order Granting this Emergency Stay, contending that the stay merely prolongs the litigation, unduly prejudices both Legacy and the trust's beneficiaries, and lacks compelling justification. Legacy asserts the necessity of ongoing discovery for the case's resolution and proposes that any concerns regarding the waiver of the Relators' plea in abatement could be addressed through a Rule 11 agreement. The motion urges the court to deny the Emergency Stay upon reconsideration.

Emergency StayMotion to ReconsiderProbate LawFiduciary DutyDiscovery DisputeAttorney FeesTrust LawReceiverAppellate ProcedureTexas Law
References
58
Case No. 13-99-292-CV
Regular Panel Decision
Apr 13, 2000

De La Garza, Martin v. James C. Thomas, Inc., D/B/A James Thomas Exxon

Appellant, an employee of appellee James C. Thomas, Inc., suffered a knee injury while attempting to air a customer's tire when a part of the air hose blew off. After treatment and surgery, appellant was fired for failing to report to work. Appellee, a nonsubscriber to the Texas Workers Compensation Fund, was sued for common law negligence. The trial court granted summary judgment for the appellee, finding no evidence of negligence or duty owed. Appellant argued the doctrine of res ipsa loquitur should apply, even though it was not formally pleaded initially. The Court of Appeals reversed the summary judgment, holding that res ipsa loquitur could apply to the case and that summary judgment was not proper under all the facts.

NegligenceSummary JudgmentRes Ipsa LoquiturCommon LawAppellate ReviewWorkers Compensation NonsubscriberEmployer LiabilityPremises LiabilityTexas LawPersonal Injury
References
8
Case No. MISSING
Regular Panel Decision

Thomas v. Sullivan

Gertrude Thomas challenged the Social Security Administration's termination of her widow's benefits. After living with Joseph Thomas for 47 years in a common law marriage and receiving benefits, she was denied them following his death because his prior, undissolved ceremonial marriage to Janie Thomas was deemed valid. Gertrude argued that 42 U.S.C. § 416(h)(1)(B) violated equal protection by granting benefits to those in invalid ceremonial marriages but not invalid common law marriages. The District Court upheld the denial, finding a rational basis for the distinction in preventing fraud and easing administration, and dismissed the complaint.

Social Security ActWidow's BenefitsCommon Law Marriage ValidityCeremonial Marriage ValidityEqual Protection ChallengeRational Basis TestStatutory InterpretationFraud PreventionAdministrative EfficiencyDeemed Widow Provision
References
3
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
Case No. MISSING
Regular Panel Decision

Godinet v. Thomas

Celia Godinet, as executrix of Georgina Valdez's estate, appealed a summary judgment in favor of Dr. Georgia Thomas. Valdez, an employee of M.D. Anderson Hospital, suffered an occupational injury from a contaminated needle and was treated by Dr. Thomas, a co-employee. Valdez subsequently died, and her estate filed claims for constitutional violations (42 U.S.C. §§ 1983, 1988), negligence, and gross negligence against Dr. Thomas. The trial court granted summary judgment, finding no actionable deprivation of constitutional rights and applying the Texas Workers’ Compensation Act. The appellate court affirmed, holding that the Workers’ Compensation Act served as the exclusive remedy for Valdez's injuries and precluded the federal claims and those for negligent infliction of emotional distress against a co-employee.

Summary JudgmentWorkers' Compensation Act42 U.S.C. Section 198342 U.S.C. Section 1988NegligenceGross NegligenceMedical MalpracticeExclusive RemedyCo-employee ImmunityOccupational Injury
References
4
Case No. 03-07-00646-CR
Regular Panel Decision
May 14, 2009

Zavian Thomas v. State

Zavian Thomas was convicted of injury to a child and sentenced to 55 years in prison. He appealed, arguing that his statements to police should have been suppressed, the evidence was factually insufficient, and the trial court erred by refusing a hearing on his motions for new trial. The Court of Appeals reviewed the suppression ruling, noting police did not tell Thomas he was not free to leave, and he was allowed to leave when he asked. Regarding factual sufficiency, conflicting medical testimonies were presented on whether the child's death was due to shaken baby syndrome or choking. The court deferred to the jury's resolution of this conflicting evidence. Finally, the court found no abuse of discretion in denying a new trial hearing, as Thomas's motions lacked affidavits and factual substantiation. The conviction was affirmed.

Criminal LawAppellate ReviewMotion to SuppressCustodial InterrogationMiranda WarningsFactual SufficiencyInjury to a ChildShaken Baby SyndromeMedical TestimonyMotion for New Trial
References
11
Case No. 13-13-00205-CV
Regular Panel Decision
Dec 19, 2014

Aon Risk Services Southwest, Inc. v. C.L. Thomas, Inc. and Speedy Stop Food Stores, LLC.

Aon Risk Services Southwest, Inc. (Aon) appeals a judgment in favor of Speedy Stop Food Store, LLC and C.L. Thomas, Inc. (Thomas). Aon was Thomas's insurance broker and was alleged to have breached a fee agreement by advising Thomas that copyright infringement coverage did not exist for the Interplan Suit and for failing to timely notify Lexington Insurance Company of the suit. Thomas incurred substantial attorney's fees defending the Interplan Suit, which was later dismissed. The trial court determined that the Lexington Policy would have provided coverage if timely notice had been given. Aon contended that Thomas could not bring a breach of contract claim, that the award of attorney's fees was improper, and that there was insufficient evidence for the attorney's fee award. The Court of Appeals affirmed the trial court's judgment, finding no error in the legal determination of coverage, the breach of contract claim, or the award of attorney's fees.

Insurance Broker LiabilityBreach of ContractDuty to DefendAttorney FeesCopyright InfringementSummary JudgmentEight-Corners RuleInsurance Coverage DisputeTimely NoticeAppellate Review
References
16
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