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

Case No. 06-17-00093-CV
Regular Panel Decision
May 09, 2018

Jessica Growden, Individually and on Behalf of All Others Similarly Situated v. Good Shepherd Health System, the Good Shepherd Hospital, Inc., and Good Shepherd Medical Center

Jessica Growden sued Good Shepherd Medical Center as a class action after being charged an allegedly unreasonable amount for her daughter's emergency room visit. Growden, uninsured, sought a declaratory judgment that the hospital's contract only allowed billing for the reasonable value of services. Good Shepherd waived Growden's bill before class certification and moved to dismiss for lack of subject-matter jurisdiction due to mootness. The trial court dismissed the suit. On appeal, the Court of Appeals applied the "picking-off exception" to the mootness doctrine, finding that Good Shepherd's waiver was a litigation strategy. The appellate court reversed the dismissal of Growden's class-action claims and her individual claim for attorney fees under the Declaratory Judgments Act, remanding for further proceedings, while affirming the trial court's judgment in all other respects.

Class ActionMootness DoctrinePicking-off ExceptionDeclaratory Judgment ActAttorney FeesSubject-Matter JurisdictionMedical Billing DisputeHospital Emergency ServicesContractual LiabilityAppellate Procedure
References
41
Case No. 2021 NY Slip Op 01050 [191 AD3d 884]
Regular Panel Decision
Feb 17, 2021

Matter of Faith A. M. (Faith M.)

The mother, Faith M., appealed an order from the Family Court, Kings County, which found her to have derivatively neglected her child, Faith A.M. This finding stemmed from a prior neglect determination in May 2014 concerning her other children due to excessive corporal punishment, which the court deemed proximate in time to the current proceeding. The evidence presented, including statements from siblings, testimony from a school counselor, and observations of injuries, corroborated the ongoing use of excessive corporal punishment. The Family Court's assessment of the mother's credibility, finding her denials incredible, was supported by the record, reinforced by her guilty plea to disorderly conduct related to similar allegations. The Appellate Division affirmed the Family Court's order, as the mother failed to provide evidence that the circumstances leading to the neglect finding no longer existed.

Child NeglectDerivative NeglectCorporal PunishmentFamily Court ActAppellate ReviewParental JudgmentPreponderance of EvidenceCredibilityPrior FindingsRisk of Harm
References
11
Case No. MISSING
Regular Panel Decision
Dec 19, 1945

Empire Case Goods Workers Union v. Empire Case Goods Co.

Empire Case Goods Workers Union, on behalf of its members, brought an action against Empire Case Goods Company and Sidney G. Bose to recover vacation pay stipulated in a contract. Empire sold its business to Bose, leading both defendants to deny liability for the vacation pay. The Special Term initially dismissed the complaint against both defendants, reasoning that Empire's employees became Bose's and Bose was not party to the contract. On appeal, the court affirmed the dismissal against Bose, finding no implied assumption of Empire's wage structure. However, it reversed the dismissal against Empire, holding Empire liable for the vacation pay as employees were not notified of the change in employer and continued to work under Empire's apparent authority, making Empire responsible under master and servant law.

Vacation PayEmployer LiabilitySuccessor LiabilityEmployment ContractSale of BusinessNotice of TerminationAgency RelationshipMaster and Servant LawAppellate ReviewWage Dispute
References
2
Case No. 05-20-00859-CV
Regular Panel Decision
Aug 11, 2022

Full of Faith Christian Center, Inc., Full of Faith Christian Center Ministries, Full of Faith Christian Center Ministries, Inc., Calvin Ray Calhoun, and Peggy Calhoun v. Kenneth May & Desire Ophelia Fuentes-May

Kenneth May and Desire Ophelia Fuentes-May (Appellees) sued Full of Faith Christian Center, Inc. and related entities/individuals (Appellants) for nuisance, trespass, negligence, and unlawful diversion of water. A no-answer default judgment was entered against Appellants. Appellants challenged the default judgment, raising issues with citation, substituted service, and an unserved supplemental petition, among others. The appellate court found service and citation were not defective and upheld the denial of the motion for new trial on most grounds. However, the court reversed the award of punitive damages against appellants jointly and severally, remanding for a new trial solely on exemplary damages, and affirmed the trial court's judgment in all other respects.

Default JudgmentService of ProcessSubstituted ServicePunitive DamagesJoint and Several LiabilityMotion for New TrialAppellate ReviewTexas Civil ProcedureNuisanceTrespass
References
33
Case No. MISSING
Regular Panel Decision

GOOD SHEPHERD MEDICAL CENTER, INC. v. State

Good Shepherd Medical Center challenged the constitutionality of two Texas statutes (2003 amendments) that mandated "any willing provider" status for general hospitals in specific geographic areas for TRS-Care and TRS-ActiveCare programs. Good Shepherd, which previously held a de facto sole-provider status in Longview, Gregg County, argued these amendments were unconstitutional local or special laws. The district court dismissed Good Shepherd's claims for lack of standing and also ruled on the merits, declaring the statutes constitutional. On appeal, the higher court affirmed the district court's finding that Good Shepherd lacked standing to bring its claims. Consequently, it vacated the district court's decision on the merits, stating that the district court lacked subject-matter jurisdiction to adjudicate those issues. Good Shepherd's suit was ultimately dismissed with prejudice, and the intervenors' claims were also dismissed.

Standing DoctrineSubject Matter JurisdictionDeclaratory Judgment ActConstitutional LawLocal & Special LawsTexas Insurance CodeHealthcare Provider Networks"Any Willing Provider" StatutesTeacher Retirement SystemAppellate Procedure
References
22
Case No. MISSING
Regular Panel Decision
Nov 09, 2005

Plaza Restoration, Inc. v. Nationwide Mutual Insurance

The plaintiff insured brought an action seeking a declaratory judgment, alleging that the defendant insurer breached its covenant of good faith and fair dealing. This alleged breach related to a personal injury action previously commenced against the plaintiff by a construction worker. The defendant appealed an order from the Supreme Court, Nassau County, which had denied its motion to dismiss the complaint or for summary judgment, arguing the action was premature. The appellate court rejected the defendant's contention, affirming that a declaratory judgment action against an insurer is permissible even before a judgment in the underlying action. The order of the Supreme Court was affirmed, with costs.

Declaratory JudgmentBreach of CovenantGood Faith and Fair DealingInsurance LawPersonal InjuryConstruction Site InjuryRipeness DoctrineMotion to DismissSummary JudgmentAppellate Review
References
3
Case No. MISSING
Regular Panel Decision

Good Shepherd Medical Center - Linden, Inc. v. Bobby Twilley

Bobby Twilley, Director of Plant Operations for Good Shepherd Medical Center-Linden, Inc., suffered two workplace injuries: a fall from a ladder and a trip over cement. He sued Good Shepherd, alleging negligence, negligence per se, and gross negligence. Good Shepherd moved to dismiss, contending that Twilley's claims were health care liability claims under the Texas Medical Liability Act (TMLA) and required an expert report. The trial court denied the motion, prompting Good Shepherd's interlocutory appeal. The appellate court affirmed, ruling that Twilley's safety claims, while occurring on hospital premises, were entirely unrelated to health care and thus not subject to the TMLA's expert report requirement.

NegligencePremises LiabilityTexas Medical Liability ActExpert Report RequirementHealth Care Liability ClaimStatutory InterpretationWorkplace InjuryOccupational Safety and Health AdministrationInterlocutory AppealAppellate Court Decision
References
10
Case No. MISSING
Regular Panel Decision

Equal Employment Opportunity Commission v. Paramount Staffing, Inc.

The Equal Employment Opportunity Commission (EEOC) filed a lawsuit on behalf of Ernestine Tolar and other African American temporary workers, alleging race discrimination by Paramount Staffing, Inc. in violation of Title VII. The EEOC claimed Paramount Staffing, a staffing agency, systematically chose Hispanic workers over African American applicants for positions at a Technicolor warehouse. Paramount Staffing moved for summary judgment, asserting the EEOC failed to conciliate in good faith by not disclosing class member identities and misrepresenting the class size during settlement negotiations. The Court denied the defendant's motion, finding that the EEOC's conciliation efforts were adequate, it sufficiently outlined the class, and its estimated class size was subject to change as litigation progressed.

Title VIIRace DiscriminationEmployment DiscriminationSummary Judgment MotionEEOC ConciliationGood FaithClass ActionTemporary StaffingRacial BiasDamages Claims
References
11
Case No. MISSING
Regular Panel Decision

Randolph v. Dominion Bank of Middle Tennessee

Edward E. Randolph was discharged from his employment with Dominion Bank of Middle Tennessee after 24 years of service at the age of 60. He filed suit alleging age discrimination, retaliatory discharge, and breach of an implied covenant of good faith and fair dealing in his employment contract. The trial court dismissed the retaliatory discharge claim but denied the motion to dismiss the implied covenant claim. On interlocutory appeal, the court reviewed Tennessee's employment-at-will doctrine and its exceptions, noting the Supreme Court's reluctance to expand them beyond specific legislative or constitutional precedents. The appellate court distinguished Randolph's argument of custom and practice from a written contractual provision, concluding that it did not establish a basis for an implied covenant. Consequently, the appellate court reversed the trial court's order, dismissing the cause of action based on an implied covenant of good faith and fair dealing.

Employee dischargeAge discriminationRetaliatory dischargeImplied covenant of good faith and fair dealingEmployment at will doctrineTennessee employment lawAppellate procedureMotion to dismissStare decisisStatutory interpretation
References
16
Case No. MISSING
Regular Panel Decision

Hard Rock Cafe International, (USA), Inc. v. Hard Rock Hotel Holdings, LLC

Plaintiff Hard Rock Café International (USA), Inc. (HRCI), owner of 'Hard Rock' trademarks, sued Hard Rock Defendants and Equity Holder Defendants for breach of contract, trademark dilution, infringement, and unfair competition. The Hard Rock Defendants counterclaimed for breach of contract, breach of the covenant of good faith and fair dealing, and tortious interference. The court addressed multiple motions to dismiss and a motion to compel arbitration. Claims against most Equity Holder Defendants were dismissed, except for Morgans Management. The motion to compel arbitration for issues related to the 'Rehab' TV show and the Tulsa and Albuquerque properties was granted, but a motion to stay the action pending arbitration was denied. The court also granted HRCI's motion to dismiss certain breach of contract counterclaims and the tortious interference counterclaim, while denying dismissal for other breach of contract counterclaims and the good faith and fair dealing counterclaim.

Trademark DisputeLanham ActUnfair CompetitionBreach of ContractMotion to DismissArbitrationLicensing AgreementJoint TortfeasorGood Faith and Fair DealingTortious Interference
References
72
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