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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

Holick v. Cellular Sales of New York, LLC

Plaintiffs, a group of Sales Representatives, initiated an action against defendants Cellular Sales of Knoxville, Inc. and Cellular Sales of New York, L.L.C., alleging violations of the Fair Labor Standards Act (FLSA) and New York State Labor Law. They claimed misclassification as independent contractors, which led to a deprivation of guaranteed compensation, including minimum wage and overtime. Defendants responded with motions to dismiss for lack of subject matter jurisdiction and personal jurisdiction, and alternatively, to compel mediation/arbitration based on clauses in the sales agreements. The Court denied the motion to dismiss for lack of subject matter jurisdiction, affirming its power to adjudicate FLSA claims. However, it granted the defendants' motion to compel arbitration, determining that the mediation clauses were valid, unwaived, and that FLSA claims are arbitrable under federal law, leading to the dismissal of the complaint without prejudice. All other pending motions, including plaintiffs' request for conditional collective action certification, were subsequently denied as moot.

FLSALabor LawMisclassificationIndependent ContractorCollective ActionArbitrationMediationSubject Matter JurisdictionPersonal JurisdictionRule 12(b)(1)
References
28
Case No. 03-99-00265-CV
Regular Panel Decision
Apr 27, 2000

Ford Motor Company Freightliner Truck Corporation Sterling Truck Corporation Metro Ford Truck Sales, Inc. And Daniel H. Foley, Jr./Motor Vehicle Board of the Texas Department of Transportation v. Motor Vehicle Board, Texas Department of Transportation/Metro Ford Truck Sales, Inc. Daniel H. Foley, Jr. Freightliner Truck Corporation Sterling Truck Corporation And Ford Motor Company

This case involves an appeal from a district court judgment concerning an order from the Motor Vehicle Board of the Texas Department of Transportation. The dispute originated from Ford's proposed termination of Metro Ford Truck Sales, Inc.'s franchise due to alleged abuse of Ford's Competitive Price Assistance (CPA) program, where Metro misrepresented customer names to obtain higher discounts. The Board found good cause for termination but imposed a conditional termination remedy requiring the sale of Metro's dealership. The Court of Appeals affirmed the termination for good cause, the refusal to transfer the dealership to Eileen Beard, and the denial of Ford's requested chargeback expenses. However, it reversed and remanded the district court's affirmation of the Board's conditional termination remedy, finding it unlawful.

Franchise TerminationDealer FraudCPA Program AbuseStatutory InterpretationAdministrative LawMotor Vehicle BoardEquitable EstoppelGood Cause TerminationAppellate ReviewJudicial Discretion
References
33
Case No. MISSING
Regular Panel Decision

Complete Auto Sales, Inc. v. Life Insurance Co. of North America

Plaintiff Complete Auto Sales, Inc. (Complete) filed a motion to remand its case against defendant Life Insurance Company of North America (LINA) back to state court. The case originated from Complete seeking contribution/indemnity from LINA, its insurer, for claims made against Complete by an injured employee. LINA had removed the case to federal court, arguing ERISA preemption. While some claims were partially remanded earlier, Complete now argues that LINA's insurance policy is exempt from ERISA jurisdiction, citing a prior ruling where a similar LINA policy was found to be state-governed. The court agreed, finding the current policy similar and not preempted by ERISA, thus lacking federal subject matter jurisdiction. Consequently, the motion to remand was granted, sending the case back to the 162nd Judicial District Court of Dallas County, Texas.

ERISA PreemptionRemoval JurisdictionState Law ClaimsInsurance Policy ExemptionFederal Question JurisdictionSubject Matter JurisdictionMotion to RemandTexas LawFifth CircuitDistrict Court
References
12
Case No. 05-15-00837-CV
Regular Panel Decision
Jul 26, 2016

J&M Sales of Texas, LLC v. Anette H. Sams

Anette H. Sams sued J&M Sales of Texas, LLC for negligence after sustaining an injury from a falling shelf in a retail store. Sams secured a default judgment for $45,350.79 against J&M Sales. J&M Sales subsequently moved for a new trial, asserting that their failure to file an answer was not intentional or due to conscious indifference, that they possessed a meritorious defense based on Sams's potential contributory negligence, and that a new trial would not cause undue delay or injury to Sams. The trial court denied this motion. The Court of Appeals reversed the trial court's decision, concluding that J&M Sales had successfully met all three elements of the Craddock standard for granting a new trial, and remanded the case for further proceedings.

Negligence ClaimDefault JudgmentMotion for New TrialAbuse of DiscretionCraddock StandardMeritorious DefenseConscious IndifferenceContributory NegligenceAppellate ReviewTexas Civil Procedure
References
9
Case No. MISSING
Regular Panel Decision

Arthur Glick Truck Sales, Inc. v. H.O. Penn MacHinery Co.

Arthur Glick Truck Sales, Inc. (Truck Sales) initiated a lawsuit in state court against H.O. Penn Machinery Co. and Caterpillar, Inc., asserting several claims, including one under the Federal Automobile Dealers’ Day in Court Act. The case was subsequently removed to federal court by H.O. Penn, and both defendants filed motions to dismiss. Truck Sales later withdrew its federal claim and moved for the case to be remanded to state court. The District Court, after considering principles of supplemental jurisdiction under 28 U.S.C. § 1367(c) and relevant precedents like United Mine Workers v. Gibbs and Valencia v. Sung M. Lee, decided to decline supplemental jurisdiction. Given the prompt withdrawal of the sole federal claim, the court determined that remanding the case to the New York State Supreme Court was appropriate in the interest of comity and judicial economy.

Federal Question JurisdictionSupplemental JurisdictionRemandFederal Automobile Dealers' Day in Court ActContract DisputeState Law ClaimsJudicial EconomyComityWithdrawal of Federal ClaimMotion to Dismiss
References
4
Case No. MISSING
Regular Panel Decision

MacHinery Sales Co. v. Diamondcut Forestry Products, LLC

Machinery Sales Co., Inc. filed an action for rescission of a contract to purchase a chip mill, alleging fraudulent misrepresentation by Diamondcut Forestry Products, LLC, Columbia Trading, Inc., and Champion International Corporation regarding the mill's value and included items. Following a bench trial, the court found no fraud and entered judgment for the defendants. Machinery Sales appealed, presenting issues concerning fraudulent inducement, agency imputation, entitlement to rescission, and damages. The appellate court affirmed the trial court's judgment, concluding that the evidence did not preponderate against the finding that defendants did not fraudulently induce the contract.

Rescission of ContractFraudulent MisrepresentationChip Mill SaleContract DisputeBench TrialAppellate ReviewAffirmed JudgmentTennessee LawReal Estate AppraisalAgency Law
References
10
Case No. MISSING
Regular Panel Decision

Benavidez v. TRAVELERS INDEMNITY COMPANY OF CONNECTICUT

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. 2015-06-0332
Regular Panel Decision
Dec 11, 2015

Jones, Cedric v. Crencor Leasing & Sales

The employee, Cedric Jones, sustained a left shoulder injury at work when a ladder fell. His employer, Crencor Leasing and Sales, provided medical benefits but contested temporary disability payments, asserting Jones was terminated for cause. Jones claimed his dismissal was a pretext for absences related to his injury and that suitable light-duty work was not provided. The trial court upheld the termination for cause but found the employer could not accommodate Jones's medical restrictions, leading to an award of temporary disability. On appeal, the Appeals Board affirmed the termination for cause finding, but reversed the determination that the employer could not provide accommodations, remanding the case for further proceedings.

Workers' CompensationTermination for CauseTemporary Disability BenefitsWork RestrictionsPretextAccommodationsShoulder InjuryMedical TreatmentEmployee MisconductTimecard Fraud
References
5
Case No. MISSING
Regular Panel Decision
Sep 11, 2009

George v. IBC Sales Corp.

The defendant IBC Sales Corporation appealed an order denying its cross-motion for summary judgment in a wrongful death action. The decedent, an employee of Interstate Brands Corporation (Brands), was killed at a bakery thrift store owned by IBC Sales, a subsidiary of Brands. The plaintiff, the decedent’s wife, filed a workers' compensation claim, which found a work-related death, and then sued IBC Sales. IBC Sales argued that workers’ compensation was the exclusive remedy, claiming it was an alter ego of Brands or the decedent's special employer. The Supreme Court denied IBC Sales’s cross-motion, finding questions of fact regarding the alter ego status and special employment relationship. The appellate court affirmed, agreeing that IBC Sales failed to establish its prima facie entitlement to judgment as a matter of law.

Wrongful DeathSummary JudgmentWorkers' Compensation LawAlter EgoSpecial EmployeeParent SubsidiaryCorporate VeilAppellate ReviewNew York StateNassau County
References
10
Case No. MISSING
Regular Panel Decision

In Re Casse

The debtor, Robert E. Casse, moved to vacate the foreclosure sale of his home, arguing it violated the automatic stay after his Chapter 13 filing. Key Bank National Association opposed, contending the Chapter 13 case was void due to a prior court order dismissing Casse's third Chapter 11 case "with prejudice" to prevent serial filings. The court denied Casse's motion, finding his Chapter 13 filing violated the previous order, which was a proper exercise of judicial authority under the Bankruptcy Code to prevent abuse of process. Consequently, the Chapter 13 case was dismissed as a nullity. The court reserved jurisdiction to consider imposing sanctions against the debtor.

BankruptcyForeclosureAutomatic StaySerial FilerDismissal with PrejudiceChapter 13Chapter 11Bad Faith FilingJudicial AuthorityAbuse of Process
References
42
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