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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

Flores v. Amigon

Plaintiff Maria Flores sued her former employer, La Flor Bakery, for unpaid overtime wages under federal and state laws. During discovery, La Flor Bakery requested Flores' immigration documents, social security number, and passports, arguing this information was relevant to a defense based on the Immigration Reform and Control Act of 1986 (IRCA) and the Hoffman Plastic Compounds, Inc. Supreme Court decision, which it contended would preclude back pay for undocumented aliens. Flores filed a motion for a protective order, asserting that her immigration status was irrelevant to her Fair Labor Standards Act (FLSA) claims and that disclosing such information would have an intimidating effect. The court, distinguishing Hoffman Plastic as applying to back pay for work not performed, found Flores' immigration status irrelevant to her claims for wages for work already completed. Consequently, the court granted Flores' motion for a protective order, concluding that the potential prejudice of disclosing her immigration status significantly outweighed any minimal probative value for the defense.

Fair Labor Standards ActFLSAImmigration Reform and Control ActIRCAundocumented workersback payovertime wagesprotective orderdiscoveryimmigration status
References
10
Case No. 13-08-00589-CV
Regular Panel Decision
Nov 10, 2010

National Union Fire Insurance Company of Pittsburgh, Pa and Industrial Risk Insurers v. John Zink Company Fisher Controls Company, Inc. Fisher Controls International, Inc. Fisher Controls Installation and Service Company And Valtek, Inc.

This litigation, stemming from refinery explosions and fires in the 1980s, involved an appeal by National Union Fire Insurance Company and Industrial Risk Insurers (the Insurers) against various contractors (the Contractors). The Insurers, as subrogees of Valero Energy Corporation, sought damages for product liability, negligence, breach of contract, and Deceptive Trade Practices Act (DTPA) violations. The core legal dispute centered on whether the Contractors qualified as 'subcontractors' under a master contract between Valero and M.W. Kellogg Construction Company, which contained extensive waiver and release provisions. The appellate court affirmed the trial court's final summary judgment, concluding that the Contractors were indeed subcontractors, the express negligence doctrine did not apply to the post-act release, and Valero had validly waived its DTPA claims, thereby binding its subrogees.

Contractual WaiversSubrogation RightsSummary Judgment AppealExpress Negligence RuleDeceptive Trade Practices ActParol Evidence Rule ApplicationJudicial AdmissionsConstruction ContractsInsurance LitigationThird-Party Beneficiary
References
31
Case No. MISSING
Regular Panel Decision

Lynch v. City of Jellico

The case consolidated appeals from Jerry Wayne Lynch and David A. Lozano, challenging the constitutionality of several provisions within the Workers’ Compensation Reform Act of 2004. Specifically, the plaintiffs contested the mandatory benefit review conference, the multiplier used for permanent partial disability benefits, and the reliance on the AMA Guides for anatomical impairment. The trial judge had previously ruled these provisions unconstitutional, citing violations of due process, separation of powers, open courts, and equal protection, as well as the Tennessee Human Rights Act and Tennessee Handicap Act. However, the Tennessee Supreme Court reversed, affirming the constitutionality of all challenged provisions. The Court found that these statutory elements serve legitimate state interests in ensuring uniformity, predictability, and cost efficiency within the workers' compensation system, and do not infringe upon the stated constitutional rights or acts.

Workers' CompensationConstitutional LawDue ProcessEqual ProtectionSeparation of PowersOpen Courts DoctrineBenefit Review ConferencePermanent Partial DisabilityAMA GuidesMultiplier Provisions
References
28
Case No. 04-14-00451-CV
Regular Panel Decision
Nov 26, 2014

Wheelabrator Air Pollution Control, Inc. v. City of Public Service Board of San Antonio, a Municipal Board of the City of San Antonio

Wheelabrator Air Pollution Control, Inc. appealed an order granting a plea to the jurisdiction on its attorney's fees claim in a breach of contract suit against the City of San Antonio acting through the City Public Service Board (CPS). The Fourth Court of Appeals in San Antonio, Texas, affirmed the trial court's decision. The court determined that Chapter 271 of the Texas Local Government Code, as applicable to the 2004 contract, did not waive governmental immunity for attorney's fees. Furthermore, the court rejected arguments that CPS waived immunity by seeking affirmative relief or engaging in a proprietary function. The appellate court concluded that the trial court properly granted the plea to the jurisdiction due to the absence of a clear and unambiguous waiver of immunity for attorney's fees.

Governmental ImmunityAttorney's FeesBreach of ContractPlea to JurisdictionTexas Local Government CodeChapter 271Waiver of ImmunityProprietary FunctionSubject Matter JurisdictionAppellate Review
References
20
Case No. MISSING
Regular Panel Decision

Majlinger v. Cassino Contracting Corp.

Plaintiff Stanislaw Majlinger, an undocumented immigrant, commenced an action for injuries sustained in a scaffold fall, asserting negligence and Labor Law violations. Defendants moved for partial summary judgment to dismiss Majlinger's claim for lost earnings. They argued that federal immigration law, particularly the Supreme Court's decision in Hoffman Plastic Compounds, Inc. v. National Labor Relations Bd., precludes undocumented aliens from recovering lost wages for work not performed. The court acknowledged prior New York state precedents that allowed such recoveries but ultimately concluded that the Hoffman decision, interpreting the Immigration Reform and Control Act of 1986 (IRCA), necessitated the dismissal of Majlinger's lost wages claim. Consequently, the court granted the defendants' motions, severing and dismissing the plaintiff's claim for lost wages.

Immigration LawLost WagesUndocumented AlienLabor Law ViolationsScaffold AccidentSummary JudgmentIRCAHoffman Plastic CompoundsEmployment LawPersonal Injury
References
5
Case No. MISSING
Regular Panel Decision

Sanango v. 200 East 16th Street Housing Corp.

In this case, an undocumented alien plaintiff, injured in a construction accident, was initially awarded substantial damages, including lost earnings. The defendants appealed the lost earnings portion, arguing that federal immigration policy, specifically the Immigration Reform and Control Act of 1986 (IRCA) as interpreted by the Supreme Court in Hoffman Plastic Compounds, Inc. v National Labor Relations Bd., preempts state law allowing recovery for wages that could only have been earned illegally in the United States. The court agreed, holding that such an award would unduly infringe upon explicit statutory prohibitions critical to federal immigration policy. Consequently, the court vacated the awards for past and future lost earnings and remanded the matter for a new trial, limiting the evidence admissible on that issue to proof of wages the plaintiff would have earned in his country of origin. The judgment was otherwise affirmed.

Undocumented AlienLost EarningsIRCA PreemptionFederal Immigration PolicyState Tort LawSupremacy ClauseLabor LawConstruction AccidentPersonal InjuryDamages
References
14
Case No. MISSING
Regular Panel Decision

Volt Technical Services Corp. v. Immigration & Naturalization Service

Plaintiff Volt Technical Services Corp. applied for H-2 visas for nuclear start-up technicians, which the Immigration and Naturalization Service (INS) denied, asserting the need was permanent, not temporary. After the denial was affirmed on appeal, Volt filed suit, alleging the INS's decision was arbitrary and capricious. The court upheld the INS's interpretation of the Immigration and Nationality Act § 101(a)(15)(H)(ii), which requires the employer's need for services to be temporary, not just the individual assignments. Finding that Volt demonstrated a recurring need for such technicians over several years, the court granted the INS's motion for judgment on the pleadings and denied Volt's.

Immigration LawH-2 visasNonimmigrant WorkersTemporary EmploymentImmigration and Nationality ActAdministrative Procedures ActDeclaratory Judgment ActAgency InterpretationJudicial ReviewNuclear Industry
References
5
Case No. MISSING
Regular Panel Decision

United States v. Perez

This Order addresses challenges by six defendants to the constitutionality of the Sentencing Reform Act of 1984 and the Sentencing Guidelines. District Judge Nowlin found that the Act violates the separation of powers doctrine and Article I, Section 7 of the U.S. Constitution, particularly concerning the composition and authority of the Sentencing Commission and the lack of presidential presentment for the Guidelines. The Court further ruled that the Sentencing Guidelines infringe upon defendants' due process rights by unduly restricting judicial discretion in sentencing and limiting the consideration of individual circumstances. While concluding the unconstitutional provisions could be severed, the Court directed that, pending appellate review, sentences for offenses committed after November 1, 1987, should be determined as if committed before that date, accounting for the absence of parole.

Sentencing Reform ActSentencing GuidelinesConstitutional LawSeparation of PowersArticle IDue ProcessJudicial DiscretionFederal Criminal JusticeJudicial IndependencePresentment Clause
References
42
Case No. MISSING
Regular Panel Decision

Martinez v. Reich

Plaintiffs, migrant workers, sued the Department of Labor (DOL) and other federal agencies, alleging violations of the Immigration and Nationality Act (INA) and the Wagner-Peysner Act. They contended that the DOL unlawfully approved alien labor certification applications, specifically for tree planters hired by Frank Stanley. Plaintiffs argued that tree planters should be classified as agricultural workers, subject to more comprehensive protections under Subparts B and C of 20 C.F.R. § 655, rather than the less stringent procedures of Subpart A and the General Administration Letters. The court addressed the defendants' mootness argument, ruling that the case was capable of repetition yet evading review despite an earlier settlement with Stanley. Ultimately, the court found that tree planters are not agricultural workers under Part 655 and concluded that the DOL did not act arbitrarily or capriciously by applying different procedures for non-agricultural workers.

Administrative Procedures ActImmigration and Nationality ActWagner-Peysner ActAlien Labor CertificationMigrant WorkersTemporary Foreign WorkersAgricultural EmploymentNon-Agricultural EmploymentSummary JudgmentMootness Doctrine
References
11
Case No. MISSING
Regular Panel Decision

Balbuena v. IDR Realty LLC

Justice Ellerin's dissenting memorandum argues that the Immigration Reform and Control Act of 1986 (IRCA) does not preempt state labor laws concerning an undocumented alien's recovery of lost wages. Ellerin contends that denying such recovery would undermine IRCA's purpose by enabling employers who violate the act to benefit from their unlawful conduct. The dissent emphasizes that Congress did not intend for IRCA to supersede state common law remedies for lost wages in tort actions, citing legislative history. It further asserts that awarding lost earnings to undocumented aliens aligns with state policy and does not significantly impede IRCA's objectives. Therefore, the dissent concludes that New York law should govern, allowing a jury to determine the plaintiff's potential earnings.

Immigration Reform and Control ActIRCA PreemptionUndocumented Workers RightsLost WagesState Labor LawFederal PreemptionEmployer SanctionsTort DamagesSummary JudgmentDissenting Opinion
References
20
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