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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

Matter of Computerized Steel Fabricators, Inc.

The reorganized Chapter XI debtor, Computerized Steel Fabricators, Inc., initiated a motion to hold Pension Fund Iron Workers Local 455 in contempt. Computerized argued that its Chapter XI confirmation order discharged any potential withdrawal liability under the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA), which the Pension Fund was attempting to collect post-confirmation. However, the court determined that Computerized's collective bargaining agreement was not rejected during bankruptcy and remained in effect, and thus the withdrawal liability arose in June 1982, post-confirmation, when Computerized ceased operations. The court held that this post-confirmation claim was not provable or dischargeable under the Bankruptcy Act and that the MPPAA's application was constitutional and not retroactive. Consequently, the application to hold the Pension Fund in contempt was denied.

BankruptcyChapter XIContemptMPPAAERISAWithdrawal LiabilityCollective Bargaining AgreementPost-confirmation ClaimsDischargeExecutory Contract
References
15
Case No. MISSING
Regular Panel Decision

Old Country Iron Works, Inc. v. Iron Workers Locals 40, 361 & 417 of the International Ass'n of Bridge, Structural & Ornamental Iron Workers Union Security Funds

This labor-management dispute began with Old Country Iron Works, Inc. seeking to stay arbitration initiated by Local 361, claiming its collective bargaining agreement was solely with Local 40. After the case was removed to federal court, Old Country moved for remand, while the unions cross-moved for summary judgment to compel arbitration. The District Court denied Old Country's remand motion, asserting federal jurisdiction due to the dispute's reliance on interpreting the collective bargaining agreement under the Taft-Hartley Act. However, the court also denied the unions' summary judgment motions without prejudice, citing uncertainties regarding the need for an arbitration order and the scope of the arbitration agreement concerning potential jurisdictional issues. The parties were subsequently directed to engage in settlement discussions.

Labor LawCollective Bargaining AgreementArbitrationRemoval JurisdictionTaft-Hartley ActSection 301Summary JudgmentMotion to RemandFederal Common LawJurisdictional Dispute
References
20
Case No. MISSING
Regular Panel Decision

Ramales v. Pecker Iron Workers of Westchester, Inc.

Pecker Iron Workers of Westchester, Inc. appealed an order from the Supreme Court, Kings County, which granted summary judgment to Christ Fellowship Baptist Church and Myler Church Building Systems, Inc., on their cross-claim for contractual indemnification. The appeal concerned an action to recover damages for personal injuries. The appellate court reviewed the contractual indemnification provision, finding that the church defendants established their prima facie burden. Pecker Iron Workers failed to raise a triable issue of fact regarding whether the accident was caused by the negligence of its subcontractor, River Steel Corp. Consequently, the Supreme Court's decision to grant summary judgment for contractual indemnification was affirmed.

contractual indemnificationsummary judgmentpersonal injurynegligenceappealindemnification provisionsubcontractor liabilitythird-party claimtort lawNew York law
References
7
Case No. MISSING
Regular Panel Decision
Jan 16, 1996

AGIP Petroleum Co. v. Gulf Island Fabrication, Inc.

This case involves a dispute over insurance coverage and subrogation rights following damages to a drilling/production platform jacket. Plaintiffs, Underwriters of AGIP Petroleum Co., Inc., sought to recover over $15,000,000 in damages from Defendant Gulf Island Fabrication, Inc., alleging negligence and breach of warranty related to the jacket's fabrication. Gulf Island countered that it was an "other assured" under AGIP's builder's risk policy, which included a waiver of subrogation rights against all assureds. The court, applying American federal maritime and Texas law, determined that Gulf Island was an "other assured" under the policy and that the Underwriters had waived their right to subrogation. Consequently, Gulf Island's motion for summary judgment was granted, and Underwriters' cross-motion for partial summary judgment was denied.

Summary JudgmentAdmiralty LawMarine InsuranceSubrogationAdditional AssuredWaiver of SubrogationContract InterpretationChoice of LawTexas LawFederal Maritime Law
References
64
Case No. MISSING
Regular Panel Decision

Kerrigan Iron Works, Inc. v. Cook Truck Lines, Inc.

This case concerns a dispute where Kerrigan Iron Works, Inc., a shipper, sought an injunction against common carriers and Teamsters Local 327. The carriers, including Cook Truck Lines and Hoover Motor Express, refused customary service to Kerrigan due to Local 327 employees not crossing picket lines set by another union (Iron Workers) at Kerrigan's plants. Kerrigan argued this refusal violated state common law and statutes regarding a carrier's public duty. The Chancery Court granted a permanent injunction, which Local 327 appealed, asserting federal labor law preemption and contractual rights to refuse service. The appellate court affirmed, holding that the union's conduct was not a federally protected activity or unfair labor practice, nor was there an exclusive federal remedy, thus preserving state court jurisdiction to enforce common carrier duties.

Labor DisputeInjunctionCommon Carrier DutyState Court JurisdictionFederal PreemptionNational Labor Relations ActPicket LineUnfair Labor PracticesConcerted ActivitiesContract Law
References
24
Case No. MISSING
Regular Panel Decision

Marshel v. AFW Fabric Corp.

Defendants moved to dismiss plaintiffs' consolidated amended complaint, alleging violations of federal securities laws related to a tender offer and merger aimed at returning Concord Fabrics, Inc. to private ownership. The court, referring to prior decisions and Supreme Court precedent like Santa Fe Indus., Inc. v. Green and Ernst & Ernst v. Hochfelder, determined that the fraud allegations were not cognizable under federal securities laws (Sections 10(b), Rule 10b-5, 13, and 14 of the Exchange Act). This was due to the absence of material misrepresentations or non-disclosures and the availability of state appraisal remedies. Consequently, the federal claims were deemed legally insufficient, leading the court to decline jurisdiction over any pendent state law claims. The defendants' motion to dismiss was therefore granted.

Federal Securities LawCorporate MergerTender OfferFraud AllegationsRule 10b-5Section 10(b) Securities Exchange ActState Appraisal RemedySubject Matter JurisdictionMotion to DismissGoing Private Transaction
References
10
Case No. MISSING
Regular Panel Decision

Cherokee Steel Fabricators, Inc. v. Khoury

The case involves Relator Cherokee Steel Fabricators, Inc. seeking a mandamus to vacate a trial court's order compelling discovery of documents related to a fatal accident. Three types of documents were at issue: an adjustor's report, a consulting engineer's report, and witness statements. Cherokee claimed these documents were privileged under Texas Rules of Civil Procedure 166b(3)(b), (c), and (d), arguing they were prepared in anticipation of litigation. The court found that witness statements were explicitly exempt from discovery. It further determined that the adjustor's report and the consulting engineer's report were privileged, as there was good cause to believe a lawsuit would be filed against Cherokee given the severe consequences and the unusual nature of the investigation. The court conditionally granted the mandamus, ordering the respondent to vacate the discovery order.

Discovery DisputeMandamus ProceedingWork Product DoctrineAttorney-Client PrivilegeAnticipation of LitigationAccident InvestigationInsurance ClaimsTexas Civil ProcedurePrivilege ClaimWitness Statements
References
4
Case No. NO. 2-04-040-CV
Regular Panel Decision
May 26, 2005

Melchor Galindo v. Imperial Group, L.P. A/K/A Transportation Technologies Industries, Imperial Fabricating, Inc. and Imperial Fabrication

Appellant Melchor Galindo filed a wrongful termination suit against Appellees Imperial Group, L.P. after being laid off following a work-related back injury and subsequent return to work with restrictions. Imperial filed a motion for summary judgment, which Galindo's counsel failed to timely respond to due to a calendaring error and staff turnover. The trial court denied Galindo's oral motion for leave to file a late response and granted Imperial's motion for summary judgment. On appeal, the Court of Appeals for the Second District of Texas reversed and remanded the case, holding that the trial court abused its discretion by denying leave, as Galindo demonstrated good cause for the late filing (clerical error, not conscious indifference) and no undue prejudice to Imperial would have resulted from a short delay.

Wrongful TerminationSummary JudgmentAbuse of DiscretionLate ResponseGood CauseUndue PrejudiceClerical ErrorMiscalendaringAppellate ReviewProcedural Error
References
8
Case No. 12-06-00257-CV
Regular Panel Decision
Jan 24, 2007

in Re: Thompson, Coe, Cousins, & Irons, LLP

Thompson, Coe, Cousins & Irons, L.L.P. (Thompson Coe) filed a petition for writ of mandamus challenging the trial court’s denial of its plea to the jurisdiction. The respondent is Judge Randall L. Rogers, and the real party in interest is Deep East Texas Self-Insurance Fund (Deep East). Deep East had previously sued Cunningham Lindsey Claims Management, Inc., which Thompson Coe defended. A dispute arose regarding excessive attorney's fees charged by Thompson Coe, allegedly eroding Deep East's recovery from a 'high-low' agreement, leading Deep East to sue Thompson Coe. Thompson Coe's plea to the jurisdiction was denied by the trial court. The appellate court, the Twelfth Court of Appeals District, considered whether mandamus relief was appropriate. It concluded that while Thompson Coe would face further expense and delay, the circumstances did not constitute the extraordinary hardship required to bypass the adequate remedy by appeal. Therefore, the court denied the petition for writ of mandamus.

MandamusPlea to JurisdictionAppellate RemedyAbuse of DiscretionStandingAttorney FeesHigh-Low AgreementTexas Court of AppealsInsurance LitigationWorkers Compensation
References
16
Case No. MISSING
Regular Panel Decision

Chuppe v. GULF IRON WORKS, INC.

Chuppe, a carpenter, was injured after falling from a canopy at a school construction site due to a missing support brace. He sued the subcontractor, Gulf Iron Works, alleging negligence, but a jury found Gulf not negligent and Chuppe negligent. The judgment was appealed, and the higher court reversed and remanded the case due to multiple errors during the initial trial. These errors included the improper admission of opinion testimony regarding causation, the introduction of irrelevant evidence concerning Chuppe's past accidents and habits, and significant juror misconduct where a juror shared personal 'expert' knowledge during deliberations. The appellate court concluded that these errors likely led to an improper verdict.

NegligenceJuror MisconductExpert Witness TestimonyAdmissibility of EvidenceReversible ErrorPersonal InjuryConstruction AccidentSubcontractor LiabilityProximate CauseProper Lookout
References
25
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