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

Case No. MISSING
Regular Panel Decision
Aug 06, 2015

Sidney B. Hale, Jr. v. City of Bonham

The document comprises two appendices related to Texas law. Appendix A presents Chapter 101 of the Texas Civil Practice and Remedies Code, known as the Texas Tort Claims Act, which addresses governmental liability for torts, defining terms, outlining liability for governmental units, setting limitations on liability, and detailing procedural aspects. Appendix B includes sections from Chapter 271 of the Texas Local Government Code, concerning purchasing and contracting authority for municipalities, counties, and other local governments, with a focus on definitions, waivers of immunity for breach of contract, and limitations on adjudication awards.

Texas lawGovernmental immunityTort claimsMunicipal liabilityLocal governmentPurchasing authorityContracting authorityStatutory interpretationSovereign immunityCivil practice and remedies
References
0
Case No. M2005-00932-COA-R3-CV
Regular Panel Decision

Amos v. Metropolitan Government of Nashville

The case concerns former police and fire department employees of the Metropolitan Government of Nashville and Davidson County who sought to include lump-sum payments for unused vacation days in their pension calculations. The trial court and Court of Appeals ruled against the employees, granting summary judgment to Metro, concluding that these payments were not part of "average earnings" as defined by the Metro Code. The Supreme Court affirmed this decision, acknowledging that while lump-sum vacation payments are indeed compensation for personal services, their timing (paid after employment termination) prevented their inclusion in the "average earnings" for pension benefits. The court emphasized that the Metro Code's pension formula is based on a sixty-month calculation, which would be disrupted by including post-termination payments. Furthermore, the absence of a specific provision for vacation leave in pension credit, unlike sick leave, indicated no legislative intent to include such payments in pension calculations.

Pension calculationVacation payLump-sum paymentAverage earningsMetro Code interpretationDeclaratory judgmentSummary judgmentAppellate reviewStatutory constructionPublic employee benefits
References
29
Case No. ADJ3766392 (AHM 0088962)
Regular
Jul 02, 2013

SHIRLEY HARRELSON vs. COUNTY OF ORANGE, YORK RISK SERVICES GROUP, INC.

This case concerns Shirley Harrelson's claim of discrimination under Labor Code §132a after she voluntarily retired for service and was subsequently denied disability retirement. The Workers' Compensation Appeals Board denied reconsideration, adopting the administrative law judge's report. The Board found Harrelson was not entitled to job reinstatement under Government Code §31725.7(b) because she voluntarily retired for service prior to her disability retirement application. Furthermore, she failed to prove she suffered disadvantages due to her injury or claim.

Workers' Compensation Appeals BoardCounty of OrangeYork Risk Services GroupShirley HarrelsonGovernment Code §31725.7Phillips v. County of FresnoDepartment of Rehabilitation/State of California v. Workers' Comp. Appeals Bd.Labor Code §132aservice retirementdisability retirement
References
2
Case No. MISSING
Regular Panel Decision

Friedar v. Government of Israel

Samuel Friedar, a New York citizen, sued the Government of Israel and its branches for failing to compensate him for medical costs and expenses incurred after being injured while serving in the Israeli Army in 1948. Friedar alleged breach of contract, intentional withholding of information, negligent loss of files, and wrongful conversion of funds. The Government moved to dismiss, claiming sovereign immunity under 28 U.S.C. § 1604 and that the action was barred by the Act of State doctrine. The Court found that the Government was entitled to sovereign immunity, rejecting Friedar's arguments for exceptions based on waiver or commercial activity. Furthermore, even if jurisdiction existed, the Court would dismiss the case under the Act of State doctrine, citing the impropriety of reviewing a foreign state's internal administrative activity, especially regarding military and veterans' benefits. The Government’s motion to dismiss was granted.

Sovereign ImmunityAct of State DoctrineMotion to DismissForeign Sovereign Immunities ActFSIAGovernmental ImmunityCommercial Activity ExceptionVeterans' BenefitsJurisdictionInternational Law
References
13
Case No. M2015-01488-COA-R3-CV
Regular Panel Decision
Jun 30, 2016

The Metropolitan Government of Nashville and Davidson County v. The Civil Service Commission of The Metropolitan Government of Nashville And Davidson County, Tennessee

An officer with the Davidson County Sheriff's Department, Jerry Clark, was terminated for dishonesty after filing reports alleging he was attacked during training, which an investigation found to be exaggerated. An administrative law judge initially ordered his reinstatement with a ten-day suspension, a decision adopted by the Civil Service Commission. However, the Metropolitan Government sought judicial review, and the chancery court reversed the Commission's decision, finding it unsupported by substantial evidence. The Court of Appeals affirmed the chancery court's ruling, concluding that the ALJ's findings were not backed by material evidence and remanded the case to the Commission for a determination of appropriate disciplinary action.

Police MisconductTermination of EmploymentDishonestyAdministrative ReviewJudicial PrecedentCivil Service LawSubstantial Evidence RuleWorkers' Compensation ClaimsRetaliation AllegationsDue Process Rights
References
7
Case No. MISSING
Regular Panel Decision

Pelham Council of Governing Boards v. City of Mount Vernon

This case addresses a special proceeding initiated by the Pelham Council of Governing Boards, an unincorporated entity comprising the Villages of Pelham and Pelham Manor, the Town of Pelham, and the Pelham Union Free School District. The petitioner sought to annul a resolution adopted by the City Council of the City of Mount Vernon in January 2000, which rezoned a 14.55-acre site for the Sanford Boulevard Redevelopment Project. The core issue was the petitioner's standing to bring the action. The court examined associational standing, noting that while three of the four member municipalities might have individual standing under the Westchester County Administrative Code, the Pelham Union Free School District would not. Ultimately, the court determined that the petitioner failed to demonstrate proper representation of its members' views or a necessity for organizational standing in this context, granting the respondents' defense and dismissing the petition for lack of standing.

Organizational StandingAssociational StandingLand UseZoningMunicipal LawCapacity to SueEnvironmental Review (SEQRA)Mount Vernon City CouncilPelham MunicipalitiesSchool District Standing
References
18
Case No. MISSING
Regular Panel Decision

7-Eleven, Inc. v. Combs

7-Eleven, Inc. sued the Comptroller of Public Accounts and the Attorney General of Texas seeking a partial refund of sales tax on financial software. The trial court granted summary judgment to the State, which 7-Eleven appealed. 7-Eleven argued its software transfers to out-of-state franchisees qualified for a sale-for-resale exemption and that software for out-of-state company stores was not subject to Texas use tax. The appellate court reversed the summary judgment for the State and remanded the case, highlighting the applicability of the sale-for-resale exemption to the franchise software and the materiality of the 'use' definition for out-of-state company stores, requiring further factual development.

Sales TaxSoftware LicensingTax ExemptionSale for ResaleData Processing ServicesTangible Personal PropertyUse TaxOut-of-State SalesFranchise StoresCompany Stores
References
34
Case No. MISSING
Regular Panel Decision

Texas Alcoholic Beverage Commission v. Live Oak Brewing Co.

The Texas Alcohol Beverage Commission appealed a trial court's judgment declaring Section 102.75(a)(7) of the Texas Alcoholic Beverage Code unconstitutional. This statute prohibits manufacturers from accepting payment for the assignment of territorial distribution rights. Appellees, several craft breweries, argued the statute violated their economic liberty interest under the Texas Constitution's due course of law clause by restricting their ability to sell territorial rights and hindering business expansion. The appellate court reversed the trial court's decision, finding that the appellees failed to demonstrate the statute deprived them of occupational freedom or was unconstitutionally oppressive. The court affirmed the constitutionality of the statute, stating it operates within the legitimate framework of the state's three-tier alcoholic beverage regulatory system and is part of a broader legislative compromise.

Economic regulationDue course of lawTexas ConstitutionThree-tier systemAlcoholic beverage industryCraft beerDistribution rightsFacial challengeAs-applied challengeStatutory interpretation
References
21
Case No. MISSING
Regular Panel Decision

Reed v. Cooper (In Re Cooper)

This Memorandum Opinion and Order addresses a motion by The Cadle Company, an individual creditor, seeking authorization to prosecute the Chapter 7 estate's causes of action, specifically a Section 542 turnover action and state law fraud claims. The motion was opposed by the debtors, Gary R. and Junanne M. Cooper, and conditionally by the Chapter 7 Trustee. The court analyzes whether an individual creditor in a Chapter 7 case can be granted independent or derivative standing to pursue estate causes of action, distinguishing between Chapter 7 and Chapter 11 contexts. The court concludes there is no textual basis in the Bankruptcy Code for such standing in a Chapter 7 case, noting the unique role of the Chapter 7 trustee as an independent fiduciary without the conflicts of interest often present in Chapter 11. Even if such power existed, the court finds Cadle did not present a compelling argument, as the Trustee had exercised business judgment in attempting to settle the claims. The court ultimately DENIES Cadle's Standing Motion, stating that while Cadle can pursue its independent Section 727(d) action, it cannot usurp the Trustee's role.

Chapter 7 BankruptcyDerivative StandingCreditor StandingTrustee AuthorityEstate Causes of ActionAvoidance ActionsBankruptcy Code InterpretationEquitable PowersJudicial DiscretionMotion Denied
References
32
Case No. RQ-0006-GA
Regular Panel Decision

Opinion No.

The opinion from the Texas Attorney General addresses whether the Howard County Commissioners Court can utilize filing fees from the county law library fund (Local Government Code §323.023) to finance online legal research services. Specifically, it evaluates a proposal from the Howard County Bar Association to provide Westlaw access to the general public, jail inmates, judges, and public and private attorneys. A primary concern was the potential for impermissible subsidization of private attorneys and a violation of Article III, Section 52(a) of the Texas Constitution, which prohibits the unconstitutional grant of public funds for private purposes. The Attorney General concluded that the relevant statute permits such expenditures for the law library and judges, and any incidental benefit to private attorneys does not render the expenditure unconstitutional, provided there is a predominant public purpose and adequate public control. Ultimately, the decision rests with the commissioners court's discretion to determine if the expenditure serves a legitimate public purpose and is adequately controlled.

Legal Research ServicesCounty Law Library FundPublic Funds ExpenditureConstitutional LimitationsTexas Local Government CodeHoward County Commissioners CourtAttorney General OpinionPublic Purpose DoctrineIncidental Private BenefitContract Law
References
23
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