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Case No. ADJ957849 (MON 0349137)
Regular
Apr 24, 2009

RIMMA AMELOVA vs. GARDNER LITTLE SCHOOL, UNINSURED EMPLOYERS BENEFITS TRUST FUND

This case concerns Rimma Amelova's workers' compensation claim against Gardner Little School. The Workers' Compensation Appeals Board (WCAB) has denied Amelova's petition for reconsideration. The WCAB adopted and incorporated the findings of the workers' compensation administrative law judge (WCJ). The WCAB also gave great weight to the WCJ's credibility determination, as per established legal precedent.

Workers' Compensation Appeals BoardReconsideration DeniedWCJ ReportCredibility FindingGarza v. Workers' Comp. Appeals Bd.Gardner Little SchoolUninsured Employers Benefits Trust FundADJ957849
References
1
Case No. 03-01-00491-CV
Regular Panel Decision
Apr 11, 2002

West Orange-Cove Consolidated Independent School District Coppell Independent School District La Porte Independent School District And Port Neches-Groves Independent School District v. Felipe Alanis, Texas Commissioner of Education The Texas Education Agency Carol Keeton Rylander, Texas Comptroller of Public Accounts And the Texas State Board of Education Alvarado I.S.D. Anthony I.S.D. Aubrey I.S.D. Bangs I.S.D.

Four Texas school districts, led by West Orange-Cove Consolidated Independent School District, appealed the dismissal of their action seeking a declaratory judgment that the state's school finance system is unconstitutional. The districts contended that the $1.50 tax cap had become a de facto floor, forcing them to tax at the maximum allowable rate to provide education, thereby constituting an unconstitutional state ad valorem tax. The appellate court affirmed the dismissal, ruling that the districts failed to state a viable cause of action because they did not allege they were forced to tax at the cap specifically to provide the constitutionally-mandated 'accredited education.' The court also found the claim unripe, emphasizing that the focus should be on whether the state's requirements forced a lack of meaningful discretion in setting tax rates for an accredited education, not on a desired level of education or the number of districts taxing at the cap.

School Finance ReformConstitutional ChallengeAd Valorem TaxationEducation FundingDeclaratory JudgmentAppellate JurisdictionRipeness DoctrineTexas Constitution Article VII, Section 1Texas Constitution Article VIII, Section 1-eProperty Tax Cap
References
30
Case No. NO. 02-12-00201-CV
Regular Panel Decision
Jul 11, 2013

Mary Ellen Little, Becky Little Anthony, Tricia Rose Jackson, Eric John Little, James Shannon Little, Widow and Children of Johnny James Little, and Debra Dee Keefer, as Independent of the Estate of Johnny James Little v. Delta Steel, Inc. and Reliance Steel & Aluminum Co.

This case involves an appeal by the family of Johnny Little against Delta Steel, Inc. and its parent company, Reliance Steel & Aluminum Co., following Johnny's death in a workplace accident. Johnny, a crane operator for Delta Steel, was killed when a steel plate dislodged from an electromagnetic crane lacking a battery backup unit. Appellants sued for wrongful death and survival damages, alleging negligence and gross negligence. The trial court denied appellants' motions for summary judgment, granted appellees' motions, and overruled appellants' objections. On appeal, the Court of Appeals affirmed the summary judgment for Delta Steel due to quasi-estoppel, as Johnny's widow had accepted workers' compensation benefits, and affirmed the summary judgment for Reliance on the gross negligence claim. However, the court reversed the summary judgment for Reliance on the ordinary negligence claim, finding that Reliance had voluntarily undertaken a duty of safety for Delta Steel's employees.

Workers' CompensationNegligenceGross NegligenceSummary JudgmentQuasi-EstoppelParent Company LiabilitySubsidiary LiabilityVoluntary Undertaking DoctrineWorkplace SafetyCrane Accident
References
62
Case No. MISSING
Regular Panel Decision

Mount Sinai Union Free School District v. Board of Education Port Jefferson Public Schools

Mount Sinai and Port Jefferson School Districts had a long-standing contract for Mt. Sinai to send its high school students to Port Jefferson. Following a deterioration of relations and an increase in Mt. Sinai's student population, Mt. Sinai decided to build its own high school. New York Education Law § 3014-c was enacted, requiring sending districts to consider teachers from receiving districts as their own employees. Mt. Sinai challenged this statute, alleging various constitutional violations. The court dismissed claims by teacher, parent/student, and taxpayer plaintiffs for lack of standing, and then dismissed the remaining Contract Clause claim by Mt. Sinai, granting summary judgment to the defendants.

School DistrictsTeacher TenureEducation LawContract ClauseDue ProcessEqual ProtectionStandingAbstention DoctrineSummary JudgmentFederal Civil Procedure
References
17
Case No. 2-08-266-CV
Regular Panel Decision
Mar 05, 2009

Jane Doe, Individually and as Next Friend for Sally Doe, a Minor v. Texas Association of School Boards, Inc. and Texas Association of School Boards Risk Management Fund

Appellant Jane Doe, individually and as next friend for her daughter Sally Doe, a minor, appealed the trial court's order granting summary judgment motions of appellees Texas Association of School Boards, Inc. (TASB, Inc.) and Texas Association of School Boards Risk Management Fund (TASB RMF). The case originated from sexual assaults committed by a school bus driver, John Paul Emenhiser, against Sally Doe. Appellant later sued appellees seeking a declaration that Emenhiser was an insured under their coverage to the Denton Independent School District (DISD), which would obligate appellees to satisfy a $5,000,000 judgment appellant obtained against Emenhiser. The Court of Appeals affirmed the trial court's summary judgment, concluding that an indemnity clause in a prior settlement agreement between appellant and DISD precluded appellees' responsibility to pay the judgment, thereby rendering the coverage issue moot.

Sexual MisconductSummary JudgmentIndemnity AgreementThird-Party BeneficiaryContract InterpretationMinor's RightsQuasi-EstoppelAppellate ProcedureCoverage DisputeSchool Liability
References
39
Case No. 03-04-00744-CV
Regular Panel Decision
May 12, 2006

Greg Abbott, Attorney General of the State of Texas v. North East Independent School District and Dr. Richard A. Middleton, in His Official Capacity as Custodian of Public Records for North East Independent School District

This case addresses whether a memorandum from a school principal to a teacher, which outlines complaints and directs corrective actions, qualifies as a confidential "document evaluating the performance of a teacher" under Texas Education Code Ann. § 21.355. The Attorney General argued it was merely a reprimand and therefore not confidential, while the North East Independent School District (NEISD) contended it was an evaluation. The district court sided with NEISD, granting their motion for summary judgment. The Court of Appeals affirmed this decision, concluding that the memorandum's content, including the principal's judgment on performance issues, corrective directives, and provisions for further review, indeed constituted an evaluation, thereby making it confidential and exempt from public disclosure under the Texas Public Information Act.

Public Information ActTeacher Performance EvaluationConfidentialitySchool District RecordsSummary Judgment ReviewStatutory InterpretationGovernment TransparencyEducation CodeAppellate ReviewTexas Law
References
18
Case No. 03-97-00192-CV
Regular Panel Decision
Feb 05, 1998

Texas Property and Casualty Insurance Guaranty Association v. Texas Association of School Boards Workers' Compensation Self-Insurance Fund, Individually and on Behalf of the Independent School Districts of Aransas Pass, El Paso, Irving, Houston,and Hico

This case involves an appeal from the District Court of Travis County between the Texas Property and Casualty Insurance Guaranty Association (Appellant) and the Texas Association of School Boards Workers' Compensation Self-Insurance Fund, Individually and on Behalf of several Independent School Districts (Appellee). The parties jointly moved the Court of Appeals to vacate the trial court's judgment and render a judgment stating that the appellee should take nothing against the appellant. Citing precedent from *Starnes v. Chapman*, the Court noted that reversing the trial court's judgment effectively vacates it and aligns with their practice when rendering a new judgment. The Court granted the motion, reversed the trial court's judgment, and rendered judgment that the appellee take nothing against the appellant. The decision was rendered per curiam by Justices Powers, Kidd, and B. A. Smith.

Texas Court of AppealsJoint MotionVacate JudgmentRender JudgmentTake NothingWorkers' CompensationSelf-Insurance FundInsurance Guaranty AssociationAppellate PracticePer Curiam
References
1
Case No. MISSING
Regular Panel Decision

Doe v. TEXAS ASS'N OF SCHOOL BOARDS, INC.

This case involves appellant Jane Doe, individually and as next friend for her daughter Sally Doe, appealing a trial court's order granting summary judgment to the Texas Association of School Boards, Inc. (TASB, Inc.) and Texas Association of School Boards Risk Management Fund (TASB RMF). Sally Doe was sexually assaulted by a school bus driver, John Paul Emenhiser. Jane Doe initially sued Emenhiser, then added the Denton Independent School District (DISD) and subsequently appellees (TASB, Inc. and TASB RMF), who provided liability coverage to DISD. Appellant sought a declaration that Emenhiser was an insured under appellees' Sexual Misconduct Claims Endorsement, obligating them to defend him and satisfy any judgment. Appellees countered that no obligation existed due to an exclusion for criminal acts and asserted a counterclaim for contractual indemnity based on a settlement agreement between appellant and DISD. The appellate court affirmed the trial court's summary judgment, holding that the settlement agreement's indemnity provisions precluded appellees' responsibility to pay any judgment obtained against Emenhiser, thereby rendering the coverage issue moot as to appellant.

Summary JudgmentIndemnity AgreementThird-Party BeneficiaryContract InterpretationInsurance Coverage DisputeSexual MisconductMinor's RightsNext Friend RepresentationQuasi-EstoppelAppellate Review
References
35
Case No. 03-01-00491-CV
Regular Panel Decision
Apr 11, 2002

WEST ORANGE-COVE SCHOOL DIST. v. Alanis

Four school districts, led by West Orange-Cove, appealed the dismissal of their lawsuit challenging the constitutionality of the Texas school finance system. They contended that increasing education costs compelled them to levy taxes at the maximum allowable rate, thus transforming the local property tax into an unconstitutional state ad valorem tax. The Court of Appeals of Texas, Austin, affirmed the trial court's dismissal, ruling that the districts failed to sufficiently allege that they were forced to tax at the maximum rate to provide a constitutionally-mandated accredited education, as opposed to an enriched education they desired. The court also determined the claim was not ripe, emphasizing that the districts had not demonstrated a loss of meaningful discretion in setting tax rates concerning their state-imposed educational obligations.

School Finance ReformEducation Funding DisparitiesState Ad Valorem Tax ChallengeConstitutional Law (Texas)Judicial RestraintRipeness of ClaimsEducational AccountabilityLocal Taxing Authority DiscretionProperty Tax CapPublic School System
References
36
Case No. 3-93-672-CV
Regular Panel Decision
Oct 12, 1994

Employers Casualty Company Focus Healthcare Management, Inc. Genesys Cost Management Systems, Inc. Corporate Systems, Ltd. Employers National Risk Management Services, Inc. And Havis Wayne Dortch v. Texas Association of School Boards Workers' Compensation Self Insurance Fund El Paso I.S.D. Irving I.S.D. Hico I.S.D. And Aransas Pass I.S.D.

This is an interlocutory appeal from a district court order granting class certification. The Texas Association of School Boards Workers' Compensation Self-Insurance Fund and several independent school districts (appellees) sued Employers Casualty Company and other entities (appellants) alleging misrepresentation and breach-of-contract related to workers' compensation benefits and medical cost containment services. Appellants raised seven points of error regarding standing, the certification hearing, and the requirements of Texas Rule of Civil Procedure 42. The Court of Appeals affirmed the district court's order, finding that the Fund had standing, the class certification hearing was proper, and the class satisfied the prerequisites and maintenance criteria of Rule 42, particularly under Rule 42(b)(4) for predominance and superiority of common issues.

Class ActionClass CertificationInterlocutory AppealStandingNumerosityCommonalityTypicalityRepresentativenessRule 42Predominance
References
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