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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
Jul 02, 2012

Next Phase Distribution, Inc. v. John Does 1-27

Plaintiff Next Phase Distribution, Inc. filed a motion seeking leave for early discovery to identify John Doe defendants who allegedly infringed copyright by downloading their pornographic film via BitTorrent. The Court initially ordered Next Phase to show cause why John Does 2-27 should not be severed. After reviewing Next Phase's response and considering a district-wide split in similar cases, the Court sua sponte exercised its discretion to sever and dismiss without prejudice all claims against John Does 2-27 due to potential for differing defenses, risk of false positives, and the sensitive nature of the subject matter. The Court then granted Next Phase’s Motion for Discovery solely for John Doe 1 and issued a protective order to maintain confidentiality, citing the need for information to identify John Doe 1 and the routine deletion of ISP logs.

Copyright InfringementBitTorrentPeer-to-peer networkJohn Doe defendantsExpedited discoverySeverance of claimsFederal Rules of Civil Procedure Rule 20(a)Federal Rules of Civil Procedure Rule 20(b)Federal Rules of Civil Procedure Rule 21Federal Rules of Civil Procedure Rule 42(b)
References
24
Case No. MISSING
Regular Panel Decision

Mason Tenders District Council of Greater New York v. Phase Construction Services, Inc.

This opinion and order addresses motions brought by the Mason Tenders District Council of Greater New York, various associated Funds, and John Virga (Plaintiffs) against Phase Construction Services, Inc. and SL Construction Group, Inc. (Defendants). Plaintiffs alleged breach of contract and violations of the Taft-Hartley Act and ERISA. The Court granted Plaintiffs' motion to amend the complaint to include Salvatore LaBarca and Phase NY as defendants, finding good cause despite delays due to ongoing discovery issues and diligence in seeking amendment upon discovering new facts regarding LaBarca's corporate conduct and the creation of Phase NY. The Court also granted Plaintiffs' motion to compel discovery, citing Defendants' continued non-compliance and awarding attorneys' fees.

Breach of ContractERISA ViolationsTaft-Hartley ActMotion to Amend ComplaintMotion to Compel DiscoveryCorporate Veil PiercingAlter Ego LiabilitySingle Employer DoctrineDiscovery DisputesCourt Sanctions
References
52
Case No. 772 S.W.2d 417
Regular Panel Decision
May 15, 1989

State v. Melson

Hugh Melson was convicted of first-degree murder and sentenced to death. He filed a post-conviction petition alleging ineffective assistance of counsel for failing to present mitigating evidence during the sentencing phase of his trial. The trial court denied the petition, but the Court of Criminal Appeals reversed, finding counsel ineffective and ordering a new sentencing hearing. The Supreme Court of Tennessee reversed the Court of Criminal Appeals' decision, holding that counsel's decision not to re-offer cumulative mitigating evidence at the sentencing phase was a reasonable strategic choice, as such evidence had already been extensively presented during the guilt phase. Consequently, the Supreme Court dismissed Melson's post-conviction petition.

Post-conviction reliefIneffective assistance of counselDeath penaltySentencing phaseMitigating evidenceStrategic decisionsSixth AmendmentAdversarial processJudicial scrutinyCumulative evidence
References
31
Case No. W2006-01381-CCA-R3-PD
Regular Panel Decision
Jul 01, 2009

Perry Anthony Cribbs v. State of Tennessee

Perry Anthony Cribbs appealed the denial of his petition for post-conviction relief from convictions including first-degree felony murder and a death sentence, raising claims of actual innocence and ineffective assistance of counsel. The Court of Criminal Appeals of Tennessee, while affirming the post-conviction court's ruling on mental retardation based on specific IQ cutoffs, focused on the trial counsel's deficient performance. The court found that counsel failed to adequately investigate and present mitigating evidence concerning Cribbs' mental impairments during the sentencing phase. This oversight rendered the sentencing phase fundamentally unfair, leading to the reversal of the death sentence and a remand for a new capital sentencing hearing. The judgment regarding the guilt phase of the trial was affirmed, and the presiding post-conviction judge was disqualified from further proceedings.

Capital PunishmentDeath Sentence ReversedIneffective Assistance of CounselMental ImpairmentPost-Conviction ReliefSentencing RemandNeurological DysfunctionBrain AtrophyIQ ScoresAdaptive Behavior Deficits
References
92
Case No. MISSING
Regular Panel Decision

United Technologies Communications Co. v. International Brotherhood of Electrical Workers, Local Union No. 3

This case involves a damage action brought by United Technologies Communication Company (UTCC), formerly General Dynamics Communications Company (GDCC), against Local 3, International Brotherhood of Electrical Workers (IBEW), under Section 303 of the National Labor Relations Act. UTCC alleged that Local 3 engaged in illegal secondary boycotts and jurisdictional disputes at two New York City sites, One Broadway and Two Broadway, in violation of Section 8(b)(4) of the Act. The court found Local 3 liable, concluding that its members, agents, and executive board supported and ratified unlawful actions, including work stoppages, threats, vandalism, and harassment, aimed at forcing employers to cease business with GDCC and assign work to Local 3 members. While liability was established, the plaintiff's claim for lost sales to potential customers was denied due to insufficient proof of direct causation. The decision concludes the liability phase of the trial, with a second phase to be scheduled for the determination of damages.

Labor Law ViolationSecondary BoycottJurisdictional DisputeNational Labor Relations ActTaft-Hartley ActUnion LiabilityAgency PrinciplesCollateral EstoppelDamage ActionNon-Jury Trial
References
45
Case No. 2-03-164-CR
Regular Panel Decision
May 06, 2004

Lauren Beth Owen v. State

Lauren Beth Owen appealed her conviction for possession of methamphetamine. A jury found Owen guilty and assessed punishment at sixteen years’ confinement and a $10,000 fine. Owen contended the trial court erred by admitting evidence during the guilt-innocence phase that she was on deferred adjudication probation for the instant offense and that she had several fictitious driver’s licenses and credit cards in her possession when arrested. The appellate court affirmed the trial court's decision regarding the deferred adjudication probation, finding it admissible under Rule 404(b) to rebut Owen’s defense of lacking intent or knowledge. However, the court found the admission of fictitious driver’s licenses and credit cards for impeachment purposes to be an abuse of discretion under Rules 608(b) and 609. Despite this error, the court deemed it harmless due to ample other evidence supporting Owen's guilt. The trial court's judgment was affirmed.

Methamphetamine PossessionDrug ConvictionExtraneous OffensesRule 404(b) EvidenceImpeachment EvidenceDeferred Adjudication ProbationHarmless Error AnalysisAppellate ReviewTexas Court of AppealsCriminal Procedure
References
33
Case No. ADJ7690958
Regular
Jul 17, 2012

MICHEL SALMO vs. PHASE II TRANSPORTATION, GREAT AMERICAN INSURANCE COPANY

The Workers' Compensation Appeals Board denied reconsideration of an administrative law judge's decision. The judge found the applicant, Michel Salmo, to be an independent contractor, not an employee of Phase II Transportation, at the time of his alleged injury. This finding was based on the judge's assessment of Salmo's testimony as unreliable and contradictory regarding his truck ownership and lease arrangements. The Board adopted the judge's report and recommendations, emphasizing the great weight given to credibility findings.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportGarza v. Workers' Comp. Appeals Bd.independent contractoremployeeemployment relationshiplease agreementowner-operatorcontrol
References
1
Case No. MISSING
Regular Panel Decision

Hemmings v. St. Marks Housing Associates, Phase II L.P.

The case involves an appeal concerning a plaintiff who was injured on a demolition site in January 1991, allegedly struck by a falling beam. The plaintiff sued the property owner, St. Marks Housing Assoc., Phase II L.P., and general contractor, Blakel Construction Corp., alleging negligence and Labor Law violations. The Supreme Court initially granted the plaintiff summary judgment on liability under Labor Law § 240 (1). However, the appellate court reversed this, ruling that the plaintiff failed to sufficiently establish the manner of the accident due to a lack of corroborating evidence beyond his deposition testimony. The appeal from Blakel regarding a caption amendment and a cross-appeal from L.C. Drywall Corp. were dismissed on procedural grounds, with the order being modified and affirmed as modified.

Personal InjuryLabor Law § 240(1)Summary Judgment ReversalConstruction AccidentFalling ObjectIndemnification ClaimsProcedural DismissalSufficiency of EvidenceAppellate PracticeWitness Hearsay
References
9
Case No. MISSING
Regular Panel Decision
Apr 21, 2016

Davis v. International Bank of Commerce (In re Diamond Beach VP, LP)

This case is an appeal from a U.S. Bankruptcy Court judgment concerning the valuation of an unfinished condominium complex, Diamond Beach, in Galveston, Texas. Appellant Randall Davis, the principal owner and guarantor of the debt, disputes the valuation, arguing it was too low, thus increasing his deficiency judgment owed to Appellee International Bank of Commerce (IBC). The project, consisting of Phase I (completed units and common amenities) and Phase II (undeveloped land with a right to use Phase I amenities), went bankrupt after Hurricane Ike and sales difficulties. The Bankruptcy Court valued Phase II and the unsold Phase I units at approximately $21.5 million, leading to a deficiency judgment of about $6 million for Davis. The District Court affirmed the Bankruptcy Court's decision, finding its modified income approach to valuation, which rejected the cost approach due to market conditions and the non-fee simple interest in common elements, was supported by the record and legal precedent.

Condominium ValuationBankruptcy AppealDeficiency JudgmentReal Estate DevelopmentAppraisal MethodologyCost ApproachIncome ApproachProperty ValuationGalveston Real EstateChapter 11 Bankruptcy
References
55
Case No. 01C01-9709-CC-00384
Regular Panel Decision
Jul 21, 1999

Richard C. Taylor v. State

The State of Tennessee appealed the Williamson County Circuit Court's grant of post-conviction relief to Richard C. Taylor, which set aside his first-degree murder conviction and death sentence. The relief was granted due to ineffective assistance of counsel during both the guilt and sentencing phases of his 1984 trial. The state argued that the trial court applied an incorrect legal standard for prejudice and that the evidence did not support the finding of ineffective assistance. The Court of Criminal Appeals of Tennessee affirmed the trial court's judgment, concluding that the evidence supported the finding that Taylor received constitutionally ineffective assistance of counsel.

Ineffective Assistance of CounselPost-Conviction ReliefFirst Degree MurderDeath PenaltyMental CompetencyBorderline Personality DisorderAntisocial Personality DisorderPsychosisSentencing PhaseGuilt Phase
References
27
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