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

Case No. 01-07-00935-CV
Regular Panel Decision
Aug 27, 2009

Leonard Sheppard, Jr., Trustee v. Interbay Funding, LLC

The appellate court affirmed a modified summary judgment in a dispute over real property lien priority. Appellant Leonard Sheppard, Jr., Trustee, challenged the trial court's ruling that Interbay Funding, LLC held an equitable first lien after refinancing a loan for Julian Kimble. The core issue was whether Interbay's refinanced loan maintained its senior lien position over a subordinate lien held by Sheppard, even after the original Interbay lien was released. The court, applying the Restatement (Third) of Property (Mortgages) § 7.3, determined that Interbay was contractually entitled to retain a first lien for the amount used to discharge the prior debt, as Sheppard suffered no prejudice. Consequently, the judgment was modified to remove the term "equitable" from Interbay's first lien, thereby affirming its priority.

Mortgage LawReal PropertyLien PrioritySummary JudgmentEquitable SubrogationContractual SubrogationRefinancingAppellate ReviewRestatement of PropertyTexas Law
References
18
Case No. 07-10-0486-CV
Regular Panel Decision
Jun 17, 2011

the City of Lubbock, by and Through the Texas Municipal League Intergovernmental Risk Pool, as Subrogee v. Lester Payne, Individually and D/B/A Ponderosa Properties and Jarred Pierson and Diana Venice Pierson

A Lubbock police officer, Jarred Pierson, was injured while on duty and received workers' compensation benefits from the City of Lubbock. The City, acting as subrogee, intervened in Pierson's personal injury lawsuit against Ponderosa Apartments, the property owner where the injury occurred. Pierson subsequently non-suited his claims with prejudice, leading Ponderosa to obtain a dismissal of the City's subrogation claims. The City appealed, contending that its statutory subrogation rights should not be extinguished by the employee's voluntary dismissal. The Court of Appeals agreed, emphasizing that once a subrogee's rights are established by payment, they are not defeated by the subrogor's subsequent actions if the tortfeasor knew of the subrogee's claim. The court reversed the trial court's dismissal order and remanded the case for further proceedings.

Workers' CompensationSubrogation ClaimDismissal of ClaimsNon-suit with PrejudiceAppellate ReviewInsurance Carrier RightsThird-Party LiabilityReal Party in InterestSettlement ImpactRemand for Proceedings
References
21
Case No. MISSING
Regular Panel Decision

Sheppard v. Interbay Funding, LLC

This case involves a dispute over lien priority on real property between Leonard Sheppard Jr., Trustee (appellant) and Interbay Funding, LLC (appellee). Julian Kimble purchased property financed by two loans, one from Interbay and one from Lake Olympia, with Lake Olympia's lien subordinate to Interbay's original. Kimble later refinanced the Interbay loan, leading to a dispute over whether the new Interbay refinanced lien maintained the original first-lien priority over the Lake Olympia lien, which had been assigned to Property Sales & Management, L.L.C. and then to Sheppard. Interbay sought a declaratory judgment to confirm its superior lien status, arguing contractual and equitable subrogation. The trial court granted Interbay summary judgment, ruling it held an "equitable first lien." The appellate court modified the judgment to remove the word "equitable" and affirmed that Interbay maintained a first lien based on contractual documents and principles from the Restatement (Third) of Property (Mortgages), finding no material prejudice to the junior lienholder for the amount used to discharge the original senior debt.

Lien PriorityReal PropertyMortgage RefinancingSubrogationEquitable SubrogationContractual SubrogationSummary JudgmentAppellate ReviewDeed of TrustPromissory Note
References
17
Case No. MISSING
Regular Panel Decision

Sheppard v. Phoenix

This case originated from a pro se complaint filed by Ahmed Sheppard, which evolved into a class action on behalf of fifteen inmates of the Central Punitive Segregation Unit (CPSU) at Rikers Island, alleging a pattern of brutality and excessive physical violence by correction officers. A detailed consent decree, known as the Stipulation, was negotiated with the City of New York and implemented with the assistance of expert consultants. The Stipulation led to significant institutional reforms in the CPSU, including new use-of-force policies, improved training, enhanced oversight, and a reduction in serious incidents, inmate self-mutilation, and grievances. The Court found that the goals of the Stipulation were accomplished, and the institutional changes were sustained, leading to the termination of the Stipulation and the dismissal of the case.

Class ActionPrison ReformExcessive ForceConsent DecreeRikers IslandCorrectional FacilityInmate RightsMonitoringInstitutional ChangeUse of Force Policy
References
7
Case No. ADJ7526420
Regular
Aug 22, 2014

JARRED SHEPPARD vs. SCHLUMBERGER, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

This Workers' Compensation Appeals Board case concerns a Petition for Reconsideration filed by a party. The Board reviewed the petition and the WCJ's report and has denied reconsideration. The denial is based on the reasoning provided in the WCJ's report, which the Board adopts. Additionally, the Board admonished the lien claimant for failing to serve the petition on all adverse parties as required by statute and regulation.

Workers' Compensation Appeals BoardPetition for ReconsiderationDeniedWCJ ReportLabor Code section 5905WCAB Rules 10505WCAB Rules 10850Lien ClaimantAdverse PartiesService
References
0
Case No. MISSING
Regular Panel Decision

Mendelsohn v. University Hospital

Barry Mendelsohn sued University Hospital and Dennis Sheppard for retaliation and discrimination. He alleged Sheppard failed to promote him in retaliation for union complaints, violating 42 U.S.C. § 1988. He also claimed the Hospital discriminated based on sex and retaliated by removing teaching duties after he filed a sex discrimination charge, violating Title VII and NYHRL. Defendants moved to dismiss. The court granted dismissal of the § 1983 retaliation claim against Sheppard and the Title VII sex discrimination claim (with leave to amend regarding qualification), and the NYHRL claims. However, the court denied dismissal of the Title VII retaliation claim against the Hospital, finding that diminished teaching responsibilities constituted an adverse employment action.

Employment DiscriminationRetaliationTitle VIISex DiscriminationFailure to PromoteAdverse Employment ActionFederal Rules of Civil Procedure 12(b)(6)42 U.S.C. Section 1983First AmendmentMotion to Dismiss
References
23
Case No. 12 Civ. 6363(PKC)
Regular Panel Decision

Smith v. Manhattan Club Timeshare Ass'n

This case involves Corinne Smith, a co-owner of a timeshare interest, who filed a class action lawsuit against The Manhattan Club Timeshare Association, Inc. and others. Smith's claims largely mirrored those previously dismissed with prejudice in a prior case, Sheppard v. Manhattan Club Timeshare Ass’n, Inc. The court addressed whether removal to federal court was proper under the Class Action Fairness Act (CAFA) and if it had subject matter jurisdiction, concluding removal was proper and denying Smith's motion to remand. The core issue was whether Smith's action was barred by res judicata due to her privity with Kelly J. Sheppard, the lead plaintiff in the earlier Sheppard case, and the identical nature of the claims. Finding that the claims were indeed barred by res judicata, the court granted the defendants' motions to dismiss and for judgment on the pleadings. Additionally, Smith's request to amend the complaint by substituting a new plaintiff was denied due to undue delay and repeated litigation of similar claims, while the defendants' motion for sanctions was also denied.

Class Action Fairness ActRes JudicataClaim PreclusionFederal Subject Matter JurisdictionClass CertificationMotions to DismissJudgment on the PleadingsRule 11 SanctionsTimeshare InterestsPrivity
References
59
Case No. MISSING
Regular Panel Decision

Sheppard v. Blitman/Atlas Building Corp.

This case concerns an appeal from a Supreme Court judgment that initially favored the plaintiff, apportioning liability between Turner Construction Corp. (30%) and Northberry Corp. (70%). The appellate court modified the judgment, vacating the awards for past and future lost earnings and future pain and suffering, and remanded these for a new trial unless the plaintiff stipulates to a reduced award. The court also limited Turner's indemnification by Northberry to costs not covered by Turner's own insurance. Procedurally, the court affirmed the jury's liability apportionment, upheld a Workers' Compensation Board's finding on the plaintiff's back injury, and allowed Turner to amend its third-party complaint for breach of contract to procure insurance. Finally, the court granted reargument and recalled and vacated its prior Decision and Order from December 19, 2000.

Jury Verdict ReviewLiability ApportionmentDamages AssessmentLost EarningsPain and SufferingIndemnification ClauseBreach of Contract (Insurance)Third-Party ClaimWorkers' Compensation DeterminationAppellate Review
References
16
Case No. MISSING
Regular Panel Decision
Aug 25, 1999

Sheppard v. Blitman / Atlas Building Corp.

This case involves a judgment from the Supreme Court, Bronx County, concerning a plaintiff's personal injury sustained on a construction site. A jury found defendant Turner Construction Corp. 30% liable and third-party defendant Northberry Corp. 70% liable after the plaintiff slipped on ice covered by ash. The court modified the jury's award for past and future lost earnings and future pain and suffering, deeming them excessive, and remanded for a new trial on these damages unless the plaintiff stipulates to a reduced award. The court affirmed the liability apportionment. Additionally, the decision addressed Northberry's failure to procure insurance for defendants, the preclusive effect of a Workers' Compensation Board determination on causation, proper amendment of pleadings for cross-claims, and the admissibility of a union witness's testimony regarding pension plans.

Personal injuryConstruction accidentPremises liabilityJury verdict reviewDamages modificationLiability apportionmentThird-party liabilityInsurance contract breachCollateral estoppelProcedural law
References
13
Case No. ADJ7551953
Regular
Mar 22, 2023

JARRED BROWN vs. INTEGRITY FLORRING, MARKEL SERVICES

The Workers' Compensation Appeals Board dismissed the applicant's petition for removal. The applicant argued that a stipulation approved by the WCJ for a second deposition was improper and would cause irreparable harm. However, the Board found the petition was not ripe because the stipulation was conditioned on a QME exam or vocational evaluation, neither of which had yet occurred. Therefore, the dispute regarding the need for additional testimony was premature.

Petition for RemovalStipulationDepositionQMEVocational EvaluationIrreparable HarmControversyAdditional TestimonyNot RipeDismissed
References
0
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