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

Case No. 03-09-00635-CV
Regular Panel Decision
Aug 19, 2011

Texas Racing Commission and Charla Ann King, Executive Director v. Javier Marquez D/B/A J&M Racing and Farm

Javier Marquez's racehorses were disqualified and their race purse redistributed due to inadvertently wearing incorrect saddle cloth numbers, a violation of commission rules. Marquez appealed the stewards' decision to the Texas Racing Commission, but the executive director, Charla Ann King, denied the appeal, citing a provision of the Texas Racing Act that deemed such decisions final. Marquez then filed a suit against the Commission and King, seeking declaratory relief. The trial court denied relief under the Administrative Procedure Act but granted it under the Uniform Declaratory Judgments Act, declaring that King exceeded her statutory authority by denying the appeal and by disqualifying the horses and redistributing the purse. On appeal, the Court of Appeals affirmed that the director exceeded her authority by refusing the administrative appeal, but vacated and dismissed the trial court's rulings on the disqualification and purse redistribution, holding that the trial court lacked subject matter jurisdiction until Marquez exhausted his administrative remedies. The court also affirmed a reduced award of attorney's fees.

Racing ActAdministrative LawDeclaratory JudgmentSovereign ImmunityUltra Vires ClaimAdministrative AppealHorse RacingDisqualificationPurse RedistributionSubject Matter Jurisdiction
References
20
Case No. MISSING
Regular Panel Decision

New York Racing Ass'n v. State of New York Racing & Wagering Board

The New York Racing Association (NYRA) filed a CPLR article 78 application seeking to exempt competitive bidding policy documents from disclosure under the New York Freedom of Information Law (FOIL), citing Public Officers Law § 87 (2) (d) regarding trade secrets and potential substantial competitive injury. NYRA challenged a determination by the State of New York Racing and Wagering Board (NYSRWB) that had partially denied this exemption for certain approved policy changes. The court, applying the Encore test, found that even a summarized release of these documents would constitute a disclosure of proprietary trade information. Such disclosure, especially to the press, was deemed likely to cause significant competitive disadvantage to NYRA, impacting its franchise renewal and bankruptcy reorganization efforts. Consequently, the court granted NYRA's application, vacating the NYSRWB's prior determination and ruling that the documents are exempt from FOIL disclosure.

FOILFreedom of Information LawPublic Officers LawTrade SecretsCompetitive BiddingProprietary InformationCommercial EnterpriseSubstantial InjuryRacing IndustryRegulatory Board
References
14
Case No. 03-03-00277-CV
Regular Panel Decision
May 13, 2004

Glen Smith v. Maximum Racing, Inc.

This appellate case concerns a dispute between Glen Smith and Maximum Racing, Inc. following the termination of an agreement to provide race cars for Smith's son. Smith refused to return a racing car, claiming Maximum Racing owed him for "compensable work" and sought a lien. Maximum Racing counterclaimed for conversion. A jury found Smith had not performed compensable work, leading the trial court to rule for Maximum Racing. On appeal, Smith challenged the waiver of the conversion claim, the finding of conversion without compensable work, and asserted a good-faith defense. The Third District Court of Appeals, at Austin, affirmed the trial court's judgment, concluding that the conversion claim was not waived, the jury's finding was supported by evidence, and good faith is not a valid defense to conversion under Texas law.

ConversionProperty LawContract DisputeAppellate ProcedureJury VerdictWorker's LienGood Faith DefenseWaiver of ClaimsTexas Court of AppealsAutomotive Industry
References
19
Case No. MISSING
Regular Panel Decision

Jara v. New York Racing Ass'n

An employee of Seasons Contracting Corp., acting as the plaintiff, suffered personal injuries during demolition work at Aqueduct Race Track, owned by New York Racing Association, Inc., and overseen by Tishman Construction Corporation of New York as the construction manager. The plaintiff fell eight feet while traversing a partially demolished wall and debris. The Supreme Court initially granted summary judgment to the defendants on Labor Law claims and denied the plaintiff's motions. On appeal, the order was modified: the defendants' summary judgment motions were denied, the plaintiff's cross-motion for summary judgment on Labor Law § 240(1) liability was granted, and leave was granted to supplement the bill of particulars with Industrial Code §§ 23-1.7 (e)(1) and (2). The appellate court determined that the defendants failed to provide adequate safety devices, which proximately caused the plaintiff's injuries, and that the specified Industrial Code sections were applicable.

Personal InjuryLabor Law § 240(1)Labor Law § 241(6)Industrial CodeConstruction AccidentDemolition SafetySummary JudgmentAppellate ReviewPremises LiabilityElevation Risk
References
15
Case No. 03-04-00699-CV
Regular Panel Decision
Oct 17, 2006

John L. Pierce, II v. Texas Racing Commission

John L. Pierce, II appealed a district court judgment affirming an order by the Texas Racing Commission. The Commission had imposed penalties on Pierce after his horse, Kristy's Gold Star, tested positive for a prohibited drug, leading to disqualification and redistribution of the purse. Pierce argued against the modification of an administrative law judge's recommendation, unequal punishment compared to the trainer, lack of notice regarding the initial hearing, improper shifting of the burden of proof, and the unconstitutionality of Commission rules. The appellate court found no prejudice to Pierce's substantial rights or violation of his constitutional rights, upholding the Commission's decision.

Horse RacingDrug ViolationAdministrative LawDue ProcessEqual ProtectionTexas Racing CommissionAppellate ReviewBurden of ProofConstitutional LawSubstantial Evidence
References
28
Case No. 2015 NY Slip Op 06798 [131 AD3d 1033]
Regular Panel Decision
Sep 16, 2015

Rossi v. Flying Horse Farm, Inc.

Troy Rossi, a horse groomer, sued Flying Horse Farm, Inc., for personal injuries sustained from a ladder fall at the defendant's commercial property, alleging Labor Law violations. The Supreme Court granted Rossi's motion to dismiss the defendant's homeowner's exemption defense and, sua sponte, dismissed the recalcitrant worker defense. The Appellate Division, Second Department, affirmed the dismissal of the homeowner's exemption, finding the property was primarily commercial and not a residence under the exemption. However, the Appellate Division modified the Supreme Court's order by reinstating the recalcitrant worker defense. This modification was based on the Supreme Court's error in dismissing the defense sua sponte when the plaintiff had not moved for such relief.

Personal injuryLabor LawHomeowner's exemptionRecalcitrant worker defenseSummary judgmentAppellate procedureAffirmative defensesLadder fallCommercial propertyProperty owner liability
References
11
Case No. MISSING
Regular Panel Decision
Feb 08, 2006

Pierce v. Texas Racing Commission

John L. Pierce, II appealed a district court judgment affirming a Texas Racing Commission order. The Commission had penalized Pierce after his racehorse tested positive for a prohibited drug, ipratropium. Pierce challenged the Commission's decision on multiple grounds, including the modification of an Administrative Law Judge's recommendation, perceived unequal punishment compared to the trainer, lack of proper notice for the initial stewards' hearing, the burden of proof applied at the State Office of Administrative Hearings, and the constitutionality of several Commission rules. The appellate court, reviewing for substantial evidence, found no prejudice to Pierce's substantial rights or violation of his constitutional rights. The court affirmed the district court's judgment, upholding the Commission's order.

Horse RacingDrug ViolationAdministrative LawDue ProcessEqual ProtectionBurden of ProofConstitutional LawTexas Racing ActPenalty DisparitySubstantial Evidence
References
36
Case No. MISSING
Regular Panel Decision

Brown v. American Racing Equipment, Inc.

Ronald Brown was injured while attempting to fix a car belonging to Bill Martinez, a manager at American Racing Equipment, Inc. (American Racing). Brown's injury occurred when Terry Harrison, a salesman for American Racing, started the car, causing it to roll and pin Brown. Harrison was performing a personal favor for Martinez at the time, using an American Racing van to assist Brown. Brown and his wife sued Harrison for negligence, alleging American Racing was vicariously liable. The trial court granted a take-nothing summary judgment in American Racing's favor, implicitly finding Harrison was not within the course and scope of his employment. The appellate court affirmed, concluding that Harrison was not acting within the scope of his general authority or furthering American Racing's business when the accident occurred, thereby precluding vicarious liability.

Vicarious LiabilityCourse and Scope of EmploymentSummary JudgmentNegligencePersonal ErrandEmployer LiabilityAppellate ReviewAutomobile AccidentEmployee DeviationSpecial Mission Doctrine
References
12
Case No. 2017 NY Slip Op 08359 [155 AD3d 1014]
Regular Panel Decision
Nov 29, 2017

Keceli v. Yonkers Racing Corp.

The plaintiff, Suzanne Elizabeth Keceli, an openly gay woman, alleged employment discrimination based on sexual orientation and unlawful retaliation against her employer, Yonkers Racing Corporation, and individual supervisors. She claimed persistent discriminatory comments and retaliatory actions after complaining about the workplace environment. The Supreme Court, Westchester County, initially granted summary judgment to the defendants, dismissing her claims. On appeal, the Appellate Division, Second Department, affirmed this decision. The appellate court found that the defendants had presented legitimate, nondiscriminatory reasons for their actions, and Ms. Keceli failed to provide sufficient evidence to create a triable issue of fact regarding pretext or a causal link between her protected activity and the adverse employment actions.

employment discriminationsexual orientation discriminationhostile work environmentunlawful retaliationsummary judgmentprima facie caseprotected activityadverse employment actionpretextcausal connection
References
9
Case No. MISSING
Regular Panel Decision

Smith v. Maximum Racing, Inc.

This case involves a dispute between Glen Smith and Maximum Racing, Inc. following the termination of an agreement where Maximum Racing provided race cars for Smith's son, and Smith performed maintenance. Smith refused to return one car, claiming he was owed money for 'compensable work' and seeking to establish a lien. Maximum Racing counterclaimed for conversion. A jury found that Smith had not performed compensable work, leading the trial court to rule in favor of Maximum Racing for conversion. Smith appealed, arguing that the conversion counterclaim was waived, that his expenses constituted compensable work, and that his good-faith exercise of statutory rights was a defense to conversion. The appellate court affirmed the trial court's judgment, finding the conversion claim was not waived, sufficient evidence supported the jury's finding against compensable work, and good faith is not a defense to conversion under Texas law.

ConversionProperty LawLienCompensable WorkJury FindingsWaiverTexas Rules of Civil ProcedureGood Faith DefenseAppellate ReviewPersonal Property
References
19
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