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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
Nov 13, 1985

National Union Fire Insurance v. Ideal Mutual Insurance

This case involves an appeal concerning personal jurisdiction over Parthenon Insurance Company. The plaintiff appealed an order denying its motion to reargue and renew opposition to Parthenon's motion to dismiss for lack of personal jurisdiction. The Appellate Division reversed the lower court's decision, granting the plaintiff's motion to reargue and renew, and subsequently denying Parthenon's motion to dismiss without prejudice, allowing for limited discovery on the jurisdictional issue. The central legal question is whether Parthenon, a 'captive' insurer for Hospital Corporation of America (HCA) and its subsidiaries, which conduct business in New York, is subject to personal jurisdiction in New York State. The court found that enough evidence was presented to warrant discovery to establish jurisdiction.

Personal JurisdictionCorporate VeilSubsidiary LiabilityParent CompanyInsurance CoverageMotion to DismissDiscoveryAppellate ReviewCPLRCaptive Insurer
References
4
Case No. 09-05-096 CV
Regular Panel Decision
Apr 21, 2005

in Re CMM Construction Company, Inc.

CMM Construction Company, Inc. (CMM) sought a writ of mandamus to compel the trial court to vacate an order to compel depositions and abate a wrongful death and survival suit. CMM, a subscriber to workers' compensation coverage, argued that the Texas Workers Compensation Commission (TWCC) had exclusive jurisdiction to determine Albert Malbrough's employee status. The trial court, without ruling on CMM's motion to abate, permitted discovery on gross negligence. The Court of Appeals held that while the trial court could permit discovery on jurisdictional issues, it abused its discretion by allowing discovery on the merits before ruling on the abatement motion. The court conditionally granted the writ, instructing the trial court to vacate its order and limit discovery to jurisdictional matters.

MandamusAbatementDiscovery ScopeWorkers' CompensationExclusive JurisdictionGross NegligenceTrial Court DiscretionJurisdictional IssuesOriginal ProceedingConditional Writ
References
5
Case No. MISSING
Regular Panel Decision
May 15, 2018

Matter of Center for Discovery, Inc. v. NYC Dept. of Educ.

The Center for Discovery, Inc. appealed a lower court's dismissal of its CPLR article 78 petition against the NYC Department of Education. Petitioner sought reimbursement for additional, mandated services provided to a student with autism, which NYCDE refused to cover. The Supreme Court had dismissed the case, citing a failure to exhaust administrative remedies. The Appellate Division reversed this decision, ruling that NYCDE's definitive refusal to pay constituted an exhaustion of administrative remedies. The matter is remanded to the Supreme Court to determine if NYCDE must reimburse The Center for Discovery for the services it explicitly required.

Education LawSpecial EducationIndividualized Education PlanAdministrative LawReimbursement DisputeCPLR Article 78Appellate ReviewAutism Spectrum DisorderChildren with DisabilitiesGovernment Liability
References
9
Case No. MISSING
Regular Panel Decision

Tobias Holdings, Inc. v. Bank United Corp.

Plaintiff has brought a federal securities fraud action alleging violations of section 10(b) of the Securities and Exchange Act of 1934 and Rule 10b-5, along with state common law claims for fraud, breach of contract, conspiracy, and tortious interference, with federal jurisdiction over the state claims based on diversity of citizenship. Defendants moved to dismiss the Amended Complaint. The central legal question is whether the automatic stay of discovery provisions of the Private Securities Litigation Reform Act of 1995 (PSLRA), which applies to federal securities claims, also stays discovery for plaintiff's non-fraud state law claims when jurisdiction over such claims is based on diversity. The court, after examining statutory construction and legislative history, concludes that an unduly broad application of the PSLRA's automatic stay would penalize plaintiffs and encourage inefficient duplication of effort by forcing separate state court actions for common law claims. Therefore, the court held that the PSLRA cannot prohibit discovery on non-fraud common law claims arising under diversity jurisdiction, and discovery relating to these claims shall proceed forthwith.

Securities Litigation Reform ActDiscovery StayDiversity JurisdictionFederal Question JurisdictionState Law ClaimsSecurities FraudBreach of ContractTortious InterferenceStatutory InterpretationJudicial Efficiency
References
21
Case No. 88 Civ. 4475 (JMC)
Regular Panel Decision

Daval Steel Products v. M v. Juraj Dalmatinac

Plaintiff Daval Steel Products initiated an admiralty action against the vessel M.V. Ju-raj Dalmatinac and its owners/operators, Europe-Overseas Steamship Lines N.V. and S.P. Shipping Co., Ltd., seeking damages for alleged damage to steel products. Plaintiff moved to compel discovery or dismiss defendants' answer, while defendants cross-moved to dismiss for lack of personal jurisdiction and insufficient service of process. The court granted the defendants' cross-motion, finding that it lacked personal jurisdiction over the foreign corporations and that the plaintiff failed to establish a prima facie case for jurisdiction or justify further discovery on the matter. Consequently, the plaintiff's motion to compel discovery was denied as moot, and the complaint was dismissed against the defendants.

Personal JurisdictionService of ProcessAdmiralty LawMotion to DismissDiscovery DisputesForeign CorporationsTransfer of VenueRule 12(b)(2)Rule 12(b)(5)Rule 37(d)
References
12
Case No. 24-1005-481
Regular Panel Decision
Feb 06, 2025

In Re City of Denton, Gerard Hudspeth, Mayor of Denton, Brian Beck, Mayor Pro Tem of Denton, Vicki Byrd, Paul Meltzer, Joe Holland, Brandon Chase McGee and Chris Watts, Members of the City Council of Denton, Sara Hensley, City Manager of Denton, and Doug Shoemaker, Chief of Police of Denton, in Their Official Capacities v. the State of Texas

The State of Texas initiated a lawsuit against the City of Denton and several of its officials, challenging a voter-approved ordinance (Proposition B) that aimed to decriminalize low-level marijuana offenses. The State argues that this ordinance violates Article XI, Section 5 of the Texas Constitution and Section 370.003 of the Local Government Code, which restrict local entities from adopting policies that do not fully enforce state drug laws. The defendants asserted sovereign immunity, claiming that the ordinance was self-enacting by voter initiative and not an actionable 'adoption' by the city council, thus precluding an ultra vires act. They also contended that the State lacked standing and that further discovery was unnecessary as the case revolved around 'pure law.' The court, however, found that limited discovery concerning disputed jurisdictional facts, such as the actual implementation of the ordinance and the discretionary nature of the council's vote, was appropriate. The court has decided to carry the plea to the jurisdiction and compel certain depositions and written discovery to clarify these factual issues before making a final ruling on jurisdiction.

Marijuana DecriminalizationOrdinance PreemptionState SovereigntyLocal Government AutonomyUltra Vires DoctrineSovereign ImmunityJurisdictional DisputeTexas LawHome Rule CityDrug Enforcement Policy
References
83
Case No. 13-07-386-CV
Regular Panel Decision
Sep 24, 2007

in Re: Cna Lloyds of Texas

The relators, CNA Lloyds of Texas, filed a petition for writ of mandamus, seeking relief from a trial court's discovery orders. They argued the trial court lacked subject-matter jurisdiction, ordered discovery prematurely, and issued an unduly burdensome order. The Court of Appeals for the Thirteenth District of Texas found that the relators failed to establish their entitlement to the relief sought. The court noted that the trial court had not yet ruled on pleas to the jurisdiction and possessed broad discretion in scheduling discovery. The court also determined that the discovery order was not unduly burdensome and that relators did not prove potential criminal liability. Consequently, the Court denied the petition for writ of mandamus and lifted the previously imposed stay.

MandamusDiscovery DisputeSubject-Matter JurisdictionTrial Court DiscretionAppellate ProcedureWorkers' CompensationPleas to the JurisdictionUnduly Burdensome DiscoveryCriminal LiabilityTexas Court of Appeals
References
9
Case No. MISSING
Regular Panel Decision

Hyundai Merchant Marine Co. v. United States

The plaintiffs, owners of the Hyundai New World, brought an action under the Suits in Admiralty Act against the United States, alleging their vessel grounded due to a negligently published nautical chart by the Defense Mapping Agency (DMA). The government moved to dismiss, citing 10 U.S.C. § 2798, a recently enacted statute barring such claims. Plaintiffs sought extensive discovery regarding the statute's legislative history and intent, arguing its unconstitutionality on separation of powers and due process grounds if applied retroactively. The Court, presided over by Judge Leisure, affirmed its jurisdiction to determine its own jurisdiction but ultimately deemed the plaintiffs' discovery requests irrelevant, overbroad, and unduly burdensome. Consequently, the Court granted the defendant's motion to quash discovery, extending the deadline for the motion to dismiss response.

Suits in Admiralty ActDefense Mapping AgencyNautical Chart AccuracyVessel GroundingSubject Matter JurisdictionMotion to Quash DiscoveryStatutory RetroactivitySeparation of PowersCongressional IntentDue Process (Fifth Amendment)
References
12
Case No. MISSING
Regular Panel Decision

Bass v. Waller County Sub-Regional Planning Commission

The Waller County Sub-Regional Planning Commission challenged the court's jurisdiction over an appeal filed by James Bass, Executive Director of the Texas Department of Transportation. The appeal concerned interlocutory orders from a district court, which included granting partial summary judgment to the Planning Commission and deferring a ruling on a plea to the jurisdiction by the Executive Director. The Executive Director argued for jurisdiction under Section 51.014(a)(8) of the Civil Practice and Remedies Code, asserting an implicit denial of his jurisdictional challenges. However, the appellate court concluded it lacked jurisdiction because the district court's explicit deferral of the jurisdictional ruling contradicted any implied denial, or alternatively, effectively vacated any such implied ruling. Consequently, the Planning Commission's motion was granted, and the appeal was dismissed.

interlocutory appealsubject-matter jurisdictiongovernmental immunityplea to the jurisdictionpartial summary judgmentTexas Civil Practice and Remedies CodeLocal Government Codemandamus reliefinjunctive reliefultra vires claims
References
26
Case No. MISSING
Regular Panel Decision

Verdi v. United States

This case addresses the application of pendent jurisdiction in a Federal Torts Claims Act (FTCA) case where a state common law claim is asserted against a party over whom there is no independent federal jurisdiction. Plaintiffs brought an action, including a claim against the Town of Huntington, following a slip and fall accident near a U.S. Post Office. The Town of Huntington moved to dismiss for lack of jurisdiction. The U.S. Magistrate recommended retaining jurisdiction, applying the doctrine of pendent-party jurisdiction. The District Court adopted this recommendation, concluding that pendent-party jurisdiction is appropriate in FTCA cases under these circumstances to ensure all claims can be tried in a single federal forum. Therefore, the Town of Huntington's motion to dismiss was denied, and its request for an interlocutory appeal was also denied.

Pendent JurisdictionFederal Tort Claims ActSlip and FallMotion to DismissPersonal InjuryFederal Court JurisdictionState Law ClaimsCommon Nucleus of Operative FactInterlocutory AppealJudicial Economy
References
27
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