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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

What Happened in Felix vs. Weber Metals Reconsideration?

A dispute arose between the Employer-Appointed Trustees and Union-Appointed Trustees of the Tapers Industry Insurance and Annuity Funds concerning delinquent employer contributions. An arbitrator issued an award, which the Employer-Appointed Trustees sought to confirm and the Union-Appointed Trustees cross-moved to vacate. Judge Walker of the District Court reviewed the arbitration award, noting the arbitrator based his findings on prior judicial decisions rather than independently interpreting the collective bargaining agreement. The Court determined that the arbitrator failed to apply the contract as bargained for by the parties, thus exceeding his authority. Consequently, the Court vacated the arbitration award and remanded the dispute for proceedings consistent with its order.

Arbitration AwardVacate Arbitration AwardConfirm Arbitration AwardCollective Bargaining AgreementTrust FundsDelinquent ContributionsRes JudicataManifest Disregard of LawScope of Judicial ReviewLabor Dispute
References
12
Case No. MISSING
Regular Panel Decision

How Did the WCAB Rule in Hardgrove vs. Intercon Security?

This case addresses two key issues concerning judicial review of a Texas Workers' Compensation Commission Appeals Panel decision. The first issue is when a party seeking judicial review is required to file a copy of its petition with the Commission under Texas Labor Code section 410.253. The second issue is whether untimely notice to the Commission under this section deprives the trial court of jurisdiction over the judicial review action. The court of appeals had previously held that the filing was required within forty days of the Appeals Panel decision and was mandatory and jurisdictional. However, the Supreme Court, referencing Albertson’s, Inc. v. Sinclair, clarifies that the petition must be filed with the Commission on the same day it is filed in the trial court, and while timely filing is mandatory, it is not jurisdictional. Consequently, the court of appeals' judgment was reversed, and the case was remanded to the trial court for further proceedings.

Workers' CompensationJudicial ReviewAppeals Panel DecisionTimely FilingJurisdictionMandatory RequirementTexas Labor CodeCourt of Appeals ReversalRemandCivil Procedure
References
3
Case No. MISSING
Regular Panel Decision

What Did the WCAB Decide in Cuadra vs. Community Home Care?

This case concerns the process for appointing a new justice to the Tennessee Supreme Court under the "Tennessee Plan." Appellants J. Houston Gordon and George T. Lewis challenged the Governor's rejection of a judicial nominee panel, alleging issues with the validity of the panel after a nominee withdrew, and claiming equal protection violations and applicability of the Tennessee Human Rights Act (THRA). The Supreme Court affirmed the trial court's ruling that the THRA does not apply and that the equal protection challenge is a non-justiciable political question and otherwise without merit. The Court held that a nominee's withdrawal does not invalidate a panel, but renominating a previously rejected candidate on a subsequent panel is impermissible, thus modifying the trial court's remedy to require the Commission to reinstitute the full selection process for the second panel.

Judicial Selection ProcessGubernatorial AppointmentConstitutional InterpretationSeparation of PowersEqual Protection ClauseTennessee Human Rights ActJudicial DiversityPolitical Question DoctrineStatutory ConstructionJudicial Vacancies
References
38
Case No. MISSING
Regular Panel Decision

How Were Death Benefits Handled in Bocanegra vs. Sun-Gro Commodities?

This case addresses a motion by defendants mortgagors to vacate an ex parte order appointing a receiver during a mortgage foreclosure action. Defendants asserted that the lack of notice for the receiver's appointment violated CPLR 6401 and their Federal constitutional due process rights, citing Fuentes v Shevin. The court found that New York's Real Property Actions and Proceedings Law § 1325 (subd 1) permits ex parte receiver appointments when the mortgage contract explicitly waives notice. Furthermore, the court distinguished the present case from Fuentes, concluding that the sophisticated business operators involved had knowingly and voluntarily waived their right to notice, akin to the circumstances in Overmyer Co. v Frick Co. Based on these findings, the court affirmed the validity of the ex parte order and denied the defendants' motion to vacate the appointment of the receiver.

Mortgage ForeclosureReceiver AppointmentEx Parte OrderDue ProcessWaiver of NoticeContractual WaiverCPLRReal Property Actions and Proceedings LawConstitutional LawBusiness Disputes
References
9
Case No. 03-23-00316-CV
Regular Panel Decision
Apr 16, 2025

Can a WCJ Be Disqualified for Appearance of Bias?

The City of Killeen, Texas, and Ground Game Texas appealed the trial court's denial of their pleas to the jurisdiction. The underlying lawsuit, filed by Bell County, the 27th Judicial District Attorney’s Office, and the Bell County Attorney’s Office, challenged the constitutionality and validity of a Killeen ordinance decriminalizing misdemeanor marijuana possession. Appellants argued that the appellees lacked standing and that governmental immunity barred the suit. The appellate court affirmed the trial court's order, concluding that the District Attorney’s Office had standing due to the ordinance's interference with its prosecutorial discretion and duties. It also found that governmental immunity was waived for challenges to an ordinance's validity and for concurrent claims for injunctive relief under the Uniform Declaratory Judgments Act.

Decriminalization OrdinanceMarijuana PossessionPlea to the JurisdictionGovernmental ImmunityStandingProsecutorial DiscretionUniform Declaratory Judgments ActTexas Local Government CodeTexas Health & Safety CodeTexas Code of Criminal Procedure
References
29
Case No. Index No. 500294/2018 Appeal No. 16497-16498-16499 Case No. 2022-00247, 2022-00958, 2022-01285, 2022-02741
Regular Panel Decision
Mar 16, 2023

What Were the Key Rulings in Torrez vs. SuperShuttle?

Alison L. initiated proceedings to appoint an Article 81 guardian for her incapacitated brother, Edgar V.L., alleging financial exploitation by Rachida Naciri, who later married Edgar and entered into a prenuptial agreement. Judy S. Mock was appointed temporary guardian and Gary Elias as counsel. Concerns arose when Mock and Elias failed to investigate the marriage and financial transactions. A special guardian, Lissett C. Ferreira, was subsequently appointed to investigate these matters. The Supreme Court removed Mock and discharged Elias due to conflicts of interest and dereliction of fiduciary duties, appointing successor guardian and counsel. The Appellate Division affirmed these orders, ruling that Alison L. had standing and that the court's actions regarding the appointments and removals were a proper exercise of discretion. The court also dismissed an appeal as moot.

Incapacitated personGuardianshipFinancial exploitationPrenuptial agreementFiduciary dutiesAttorney misconductSpecial guardianArticle 81Due processAppellate review
References
14
Case No. MISSING
Regular Panel Decision

Why Was Removal Denied in Rush vs. California Correctional Institution?

This Memorandum and Order addresses the appointment of a lead plaintiff in a securities class action against SLM Corporation. Initially, Westchester Capital Management, Inc. was appointed, but its Article III standing was questioned following a Second Circuit ruling in W.R. Huff Asset Mgmt. v. Deloitte & Touche LLP, which clarified that investment advisors without a valid assignment of claims lack standing. The court denied Westchester Capital's subsequent motion to approve a post-appointment assignment, reasoning it would not cure the initial lack of standing and presented unique legal issues for the class. Consequently, the court considered other movants for lead plaintiff, ultimately appointing SLM Venture, a joint venture with the largest financial interest, finding it satisfied the typicality and adequacy requirements under the PSLRA and Rule 23. Girard Gibbs & De Bartolomeo, LLP was approved as lead counsel for SLM Venture.

Securities Class ActionLead PlaintiffArticle III StandingInvestment AdvisorAssignment of ClaimsPSLRARule 23Typicality RequirementAdequacy RequirementSecond Circuit Law
References
18
Case No. MISSING
Regular Panel Decision
Mar 02, 2001

What Did the WCAB Clarify in Ontiveros vs. Savers Stores?

Respondent, a 91-year-old widowed woman suffering from a fractured hip and extreme dementia, was admitted to a nursing home. A petitioner initiated a proceeding under Mental Hygiene Law article 81 to appoint a guardian for her personal needs and property management. The Supreme Court found the respondent incapacitated and appointed her children, Harold J. and Patricia N., as coguardians. The court also revoked a durable power of attorney and health care proxy previously executed by the respondent, citing her incapacity at the time of execution. Respondent and her daughter, Viola J., appealed this decision. The appellate court affirmed the Supreme Court's order and judgment, concluding that the petition was sufficient, the appointment of guardians was proper, and the revocation of the power of attorney and health care proxy was justified. The court emphasized the need to keep the respondent in the Albany area, where she had resided all her life.

GuardianshipIncapacitated PersonDementiaMental Hygiene LawDurable Power of AttorneyHealth Care ProxyAppellate ReviewFiduciary DutyPersonal NeedsProperty Management
References
4
Case No. MISSING
Regular Panel Decision

Why Was Reconsideration Denied in Gomez vs. Dorothy Stevens?

Claire Spingarn, a 95-year-old woman with substantial assets, faced a guardianship petition initiated by her son and daughter under Article 81 of the Mental Hygiene Law, seeking the daughter's appointment as guardian. Claire, opposing her daughter's appointment due to long-standing antipathy, retained her own counsel. The court ultimately appointed a non-family member as guardian on June 6, 1994, tailoring the order to Claire's personal and property-management needs. This opinion addresses the reasonableness of the legal fees requested by the petitioners' attorneys, citing concerns about the amount, billing methods, and excessive hours. The court found many billed hours unnecessary, duplicative, and not the responsibility of Claire Spingarn, consequently reducing the legal fee to $32,500.

GuardianshipMental Hygiene Law Article 81Legal FeesAttorney CompensationReasonable FeesElder LawFee ReductionCourt EvaluatorFiduciary DutiesBilling Practices
References
17
Case No. MISSING
Regular Panel Decision

Why Was Reconsideration Dismissed in Sabino vs. Johnson Pump Company?

The plaintiffs appealed an order from Queens County, dated September 26, 2003, which denied their motion for nunc pro tunc judicial approval of a settlement under Workers’ Compensation Law § 29 (5). This law requires either carrier consent or judicial approval within three months of a settlement to avoid forfeiture of future workers' compensation benefits. While judicial approval can be sought beyond the three-month period if the settlement is reasonable, the delay is not due to the party's fault, and the carrier is not prejudiced, the Supreme Court denied the motion. The court found the over one-year delay in seeking approval was attributable to the plaintiffs' own fault or neglect. The appellate court affirmed this decision.

Workers' CompensationJudicial ApprovalSettlementNunc Pro TuncDelay in ApplicationCourt DiscretionAppellate ReviewPersonal InjuryThird-Party ActionForfeiture of Benefits
References
6
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