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Case Law Database

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

Case No. MISSING

Regular Panel Decision

Potter v. MacLean

This case involves an appeal from an order denying defendant Daniel MacLean’s motion to quash a restraining notice and information subpoena. Daniel MacLean was ordered to pay child support and maintenance to the plaintiff, but accumulated over $33,000 in arrears. The Tompkins County Support Collections Unit served a restraining notice and subpoena on Thaler & Thaler, a law firm holding a $15,000 retainer for MacLean. The defendant argued the retainer was exempt, but the court found it subject to restraint under CPLR 5222(a) as MacLean retained an interest in unused funds. The court affirmed the lower court's decision, emphasizing a parent's duty to provide child support and that attorney fee arrangements are not privileged.

Child supportMaintenance arrearsRestraining noticeInformation subpoenaRetainer feeAttorney-client privilegeCPLR 5222Parental dutyLegal representationExempt funds

References

Case No. MISSING

Regular Panel Decision

Hanna v. Clarke

Albert J. Hanna, an executive delegate of Buffalo Local No. 1, brought an action against Paul J. Clarke, president of the Empire State Telephone Workers’ Organization, seeking a declaratory judgment. Hanna challenged his removal by the union's executive committee for allegedly not taking an active part in a meeting. He argued he was deprived of a fair hearing, as his request for postponement due to dental surgery was denied, and that his actions did not warrant charges under the union's constitution. The court found that while Hanna's actions were "childish, undignified and irritating," they did not justify the charges. Consequently, the court granted Hanna a declaratory judgment, declaring the executive committee's action null and void and enjoining them from disapproving his redesignation on the grounds previously stated.

Declaratory JudgmentUnion LawExecutive DelegateFair HearingDue ProcessUnion ConstitutionInternal Union DisputeWorkers' RightsPostponement RefusalExecutive Committee

References

Case No. 03-22-00254-CV

Regular Panel Decision

Dec 07, 2022

Kirsten Hanna, Upside Up Properties, LLC, and Upside Up Ventures, Inc. v. M. Matthew Williams David Howell Law Firm of M. Matthew Williams Leighton, Williams, Adkinson, & Brown, PLLC And Leighton, Michaux, Adkinson, & Brown, PLLC

Kirsten Hanna and two LLCs appealed from a Travis County district court's orders dismissing their professional-negligence claims against their former attorneys, M. Matthew Williams, David Howell, and their associated law firms, under the Texas Citizens Participation Act (TCPA). The appellants also challenged the denial of their application for attorney's fees. The Court of Appeals affirmed the dismissal of Hanna's claims and the denial of her attorney's fees request. However, the court reversed the award of attorney's fees to the Williams Parties, finding the evidence of reasonableness and necessity to be legally insufficient, and remanded that specific issue for redetermination.

Professional NegligenceLegal MalpracticeTexas Citizens Participation ActTCPAAttorney's FeesCommercial Speech ExemptionDTPA ExemptionAnti-Fracturing RuleSummary JudgmentJudicial Estoppel

References

Case No. MISSING

Regular Panel Decision

Hanna v. Godwin

This opinion addresses an appeal by Bob Hanna concerning the distribution of attorney's fees in a worker's compensation case. The initial dispute involved Phillip Godwin, who first represented the injured worker, William Heard, and then Bob Hanna took over the representation. The trial court on remand awarded specific attorney's fees to both Godwin and Hanna. Hanna appealed the distribution, arguing an abuse of discretion. However, prior to the appeal hearing, Hanna voluntarily paid Godwin the contested $7,500. The appellate court, presided over by Chief Justice Barajas, determined that this voluntary payment rendered the appeal moot, as Hanna no longer had a justiciable interest in the outcome. Consequently, the court dismissed the cause of action without addressing the merits of the appeal. The court also declined to impose sanctions requested by Appellee Godwin for delay.

Attorney's Fees DisputeWorkers' Compensation LawMootness DoctrineAppellate ProcedureVoluntary Payment RuleJusticiable InterestCase DismissalTexas Courts of AppealsLegal EthicsSubstitution of Counsel

References

Case No. MISSING

Regular Panel Decision

Medrano v. Reyes

Armando and Elda Medrano sued Sam Reyes and the Hanna, Bentley & Hanna law firm for legal malpractice, alleging the firm failed to timely file a wrongful death suit for their son. The Hanna Firm withdrew from representation due to conflicts and claimed to have sent a withdrawal letter to the Medranos in January 1988, which the Medranos partially disputed regarding the 'third party case'. The Medranos subsequently hired new counsel. The trial court granted summary judgment to the Hanna Firm. The appellate court affirmed, finding that the Hanna Firm had provided reasonable notice of withdrawal, allowing sufficient time for the Medranos to secure other counsel before the statute of limitations expired on the third-party claim.

Legal MalpracticeAttorney WithdrawalProfessional ConductDuty to NotifyStatute of LimitationsSummary JudgmentTexas LawClient RepresentationConflict of InterestWorkers' Compensation

References

Case No. 2025-70-0855

Regular Panel Decision

Dec 23, 2025

Inman, William v. Maclean Fogg Co.

Employee William A. Inman, III appealed the trial court's denial of benefits for a back injury sustained on March 29, 2022. The employer, Maclean Fogg Co., initially accepted the claim but later denied it, asserting the statute of limitations had expired. The trial court found the employee lacked sufficient evidence to demonstrate a likelihood of prevailing on the statute of limitations issue, thus denying his request for benefits. On appeal, the Workers' Compensation Appeals Board affirmed the trial court's interlocutory decision and remanded the case. The Board highlighted the employee's failure to file a transcript or a brief, which proved detrimental to his appeal, and upheld the trial court's findings regarding the injury date, last voluntary payment, and the untimely filing of the petition for benefit determination.

Statute of limitations defenseInterlocutory appealBenefit determination petitionMedical impairmentMaximum Medical Improvement (MMI)Untimely filingAppellate procedurePro se litigantIncomplete appellate recordBack injury claim

References

Case No. 2020 NY Slip Op 03703

Regular Panel Decision

Jul 02, 2020

Matter of Djukic v. Hanna Andersson, LLC

Claimant Anela Djukic, a sales lead for Hanna Andersson, LLC, slipped and fell inside a shopping mall entrance on her way to work. A Workers' Compensation Law Judge initially established her claim, but the Workers' Compensation Board reversed, finding the injury did not arise out of and in the course of her employment. The Appellate Division, Third Department, affirmed the Board's decision, reiterating that for off-premises accidents to be compensable, there must be a special hazard at the location and a close association of the access route with the employment premises. The court found no evidence that the chosen entrance served a business purpose, was controlled by the employer, or presented a risk specifically related to claimant's employment, concluding the wet ground condition was a general danger to any passerby.

off-premises injurygoing and coming rulespecial hazard exceptionWorkers' Compensation BoardAppellate Divisionslip and fallmall entrancecourse of employmentarise out of employmentemployer control

References

Case No. 14-22-00433-CV

Regular Panel Decision

Nov 21, 2023

Bill Wyly Development, Inc. and William Wyly v. Eron Smith and Hanna Smith

This case involves an appeal by Bill Wyly Development, Inc. and William Wyly against Eron and Hanna Smith. The Smiths had initially sued Wyly for trespass and intentional infliction of emotional distress after declining to hire Wyly Development to build their home, leading to verbal threats and property damage. The trial court awarded the Smiths $32,500 in damages. On appeal, the court reversed the intentional infliction of emotional distress claim, concluding that Wyly's conduct was not sufficiently extreme and outrageous. However, the court affirmed the jury's award of $11,500 for trespass damages, finding the evidence factually sufficient. The motion for rehearing was denied.

Emotional DistressTrespass LawAppellate ProcedureDirected VerdictFactual SufficiencyContract DisputeProperty DamageVerbal ThreatsJury VerdictRehearing Denied

References

Case No. 03-12-00144-CV

Regular Panel Decision

Mar 15, 2013

FM Express Food Mart, Inc. and Fouad Hanna Mekdessi v. Susan Combs, Comptroller of Public Accounts of the State of Texas, and Greg Abbott, Attorney General of the State of Texas

This case involves an appeal by FM Express Food Mart, Inc. and its shareholder Fouad Hanna Mekdessi against a summary judgment affirming a sales tax deficiency assessment by the Texas Comptroller of Public Accounts. FM Express challenged the Comptroller's audit methodology, which used estimated sales figures due to the company's inadequate records, and also contested the constitutionality of Texas Tax Code provisions requiring prepayment of taxes for judicial review. The appellate court affirmed the lower court's decision, holding that the Comptroller was authorized to estimate taxes when proper records were not kept and that FM Express failed to demonstrate the audit was unreasonable. The court declined to address the constitutional challenge, finding no actual injury to FM Express regarding the prepayment requirement.

Tax ProtestSales Tax AuditEstimated AssessmentInadequate RecordsConstitutional ChallengePrepayment RequirementsJudicial ReviewOpen Courts DoctrineSummary JudgmentTexas Tax Code

References

Case No. 2019-06-2116

Regular Panel Decision

Mar 07, 2022

Hanna, Emad v. Gaylord Opryland, d/b/a Marriott International

Emad Hanna, an employee of Gaylord Opryland, d/b/a Marriott International, alleged a work-related injury to his neck, arm, and fingers from scooping ice cream, asserting an aggravation of a preexisting condition. The Court denied his claim for permanent disability benefits and payment of past medical bills. While Mr. Hanna’s physician, Dr. Abtahi, opined a temporary aggravation without anatomical change or permanent impairment, the Court found this insufficient to establish compensability for permanent disability. The Court also excluded Mr. Hanna's medical bills due to lack of admissible evidence. Consequently, Mr. Hanna failed to prove by a preponderance of the evidence that his claim for permanent partial disability was compensable.

Workers' CompensationPreexisting ConditionAggravationTemporary DisabilityMedical EvidenceCausationPermanent ImpairmentMedical BillsBurden of ProofTennessee Law

References

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Updated Daily

Case Law Database

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

Case No. MISSING

Regular Panel Decision

Potter v. MacLean

Child supportMaintenance arrearsRestraining noticeInformation subpoenaRetainer feeAttorney-client privilegeCPLR 5222Parental dutyLegal representationExempt funds

References

Case No. MISSING

Regular Panel Decision

Hanna v. Clarke

Declaratory JudgmentUnion LawExecutive DelegateFair HearingDue ProcessUnion ConstitutionInternal Union DisputeWorkers' RightsPostponement RefusalExecutive Committee

References

Case No. 03-22-00254-CV

Regular Panel Decision

Dec 07, 2022

Kirsten Hanna, Upside Up Properties, LLC, and Upside Up Ventures, Inc. v. M. Matthew Williams David Howell Law Firm of M. Matthew Williams Leighton, Williams, Adkinson, & Brown, PLLC And Leighton, Michaux, Adkinson, & Brown, PLLC

Professional NegligenceLegal MalpracticeTexas Citizens Participation ActTCPAAttorney's FeesCommercial Speech ExemptionDTPA ExemptionAnti-Fracturing RuleSummary JudgmentJudicial Estoppel

References

Case No. MISSING

Regular Panel Decision

Hanna v. Godwin

Attorney's Fees DisputeWorkers' Compensation LawMootness DoctrineAppellate ProcedureVoluntary Payment RuleJusticiable InterestCase DismissalTexas Courts of AppealsLegal EthicsSubstitution of Counsel

References

Case No. MISSING

Regular Panel Decision

Medrano v. Reyes

Legal MalpracticeAttorney WithdrawalProfessional ConductDuty to NotifyStatute of LimitationsSummary JudgmentTexas LawClient RepresentationConflict of InterestWorkers' Compensation

References

Case No. 2025-70-0855

Regular Panel Decision

Dec 23, 2025

Inman, William v. Maclean Fogg Co.

References

Case No. 2020 NY Slip Op 03703

Regular Panel Decision

Jul 02, 2020

Matter of Djukic v. Hanna Andersson, LLC

off-premises injurygoing and coming rulespecial hazard exceptionWorkers' Compensation BoardAppellate Divisionslip and fallmall entrancecourse of employmentarise out of employmentemployer control

References

Case No. 14-22-00433-CV

Regular Panel Decision

Nov 21, 2023

Bill Wyly Development, Inc. and William Wyly v. Eron Smith and Hanna Smith

Emotional DistressTrespass LawAppellate ProcedureDirected VerdictFactual SufficiencyContract DisputeProperty DamageVerbal ThreatsJury VerdictRehearing Denied

References

Case No. 03-12-00144-CV

Regular Panel Decision

Mar 15, 2013

FM Express Food Mart, Inc. and Fouad Hanna Mekdessi v. Susan Combs, Comptroller of Public Accounts of the State of Texas, and Greg Abbott, Attorney General of the State of Texas

Tax ProtestSales Tax AuditEstimated AssessmentInadequate RecordsConstitutional ChallengePrepayment RequirementsJudicial ReviewOpen Courts DoctrineSummary JudgmentTexas Tax Code

References

Case No. 2019-06-2116

Regular Panel Decision

Mar 07, 2022

Hanna, Emad v. Gaylord Opryland, d/b/a Marriott International

Workers' CompensationPreexisting ConditionAggravationTemporary DisabilityMedical EvidenceCausationPermanent ImpairmentMedical BillsBurden of ProofTennessee Law

References

Showing 1-10 of 34 results

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