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

Case No. 01-04-01088-CV
Regular Panel Decision
Nov 23, 2005

Universal Computer Consulting, Ltd. Universal Computer Services, Inc. And Dealer Computer Services, Inc. v. Dealer Solutions, L.L.C., Dealer Solutions Holdings, Inc. ADP, Inc., Business Solutions, Inc., SMC Investment, Inc., Southwest Toyota, Inc., and SMC Luxury Cars, Inc.

This trade secrets case involves Appellants Universal Computer Systems, Inc. (UCS) and Appellees Dealer Solutions, L.L.C., Dealer Solutions Holdings, Inc., ADP, Inc., SMC Investment, Inc., Southwest Toyota, Inc., SMC Luxury Cars, Inc., and Business Solutions, Inc. (collectively DSI). The parties had a dispute regarding trade secret misappropriation and a breach of a license agreement, which they agreed to arbitrate. The trial court confirmed the arbitrators' decision, which UCS appealed, alleging improper discovery orders and 'gross mistakes' by the arbitrators. The appellate court affirmed the trial court's confirmation, finding that any error in the trial court's discovery order was ameliorated by the arbitrators' full consideration of evidence, and that UCS failed to demonstrate gross mistake in the arbitration decision.

Trade secretsArbitrationDiscovery sanctionsArbitration awardCopyright preemptionSoftware licensingConfidentiality agreementBreach of contractGross mistakeTexas General Arbitration Act
References
21
Case No. 05-18-00188-CV
Regular Panel Decision
Aug 16, 2019

Global Supply Chain Solutions, LLC v. Riverwood Solutions, Inc., and Lori Austin

This case involves a dispute between Global Supply Chain Solutions, LLC (Global Supply) and Riverwood Solutions, Inc. (Riverwood) and Lori Austin. After failed merger talks, Global Supply sued Riverwood for breach of contract, misappropriation of trade secrets, and tortious interference, also seeking injunctive relief against Austin. Key issues included whether Austin was an employee or independent contractor, if Riverwood breached non-solicitation clauses, and the application of the 'inevitable disclosure' doctrine for trade secrets. The trial court granted summary judgment for Riverwood and Austin and struck Global Supply's expert witnesses. The appellate court affirmed the judgment, finding no reversible error in the summary judgment rulings or the striking of expert witnesses, and upheld the award of attorney's fees to Austin.

Breach of ContractTrade Secrets MisappropriationTortious InterferenceIndependent ContractorNon-Solicitation AgreementSummary JudgmentExpert Witness TestimonyInevitable Disclosure DoctrineDeclaratory JudgmentAttorney's Fees
References
30
Case No. 24-BC01B-0007
Regular Panel Decision
Oct 31, 2024

Synergy Global Outsourcing, LLC v. Hinduja Global Solutions, Inc., and HGS Healthcare, LLC

This case concerns a commercial dispute over unpaid commissions, initiated by Synergy Global Outsourcing, LLC against Hinduja Global Solutions, Inc. and HGS Healthcare, LLC. The plaintiff removed the action, originally filed in the 191st Judicial District Court of Dallas County in 2019, to the newly established First Business Court Division for Dallas County in October 2024. The defendants subsequently filed a motion to remand, contending that the Business Court's jurisdiction, as defined by H.B. 19, is restricted to civil actions commenced on or after September 1, 2024. The Business Court granted the remand motion, ruling that the plain text of H.B. 19, Section 8, indeed limits its authority to cases filed from September 1, 2024, onwards, thus preventing it from hearing the plaintiff's pre-existing case. The Relator (Synergy) argues this interpretation is a clear abuse of discretion, asserting that H.B. 19 is a procedural statute intended to apply to ongoing matters and that Section 8 merely signifies the court's operational commencement date. The Relator is pursuing mandamus relief, arguing that there is no adequate remedy by conventional appeal.

MandamusBusiness CourtJurisdiction DisputeStatutory InterpretationRetroactivityTexas LawCommercial LitigationRemand OrderAppellate ProcedureEffective Date of Statute
References
20
Case No. 02-25-00220-CV
Regular Panel Decision
Oct 23, 2025

1 Solar Solution, LLC and Mohammad Ali Samana v. S&A Wholesale Inc., D.B.A. Trendy Energy Solutions and Trendy Communications

Appellee S&A Wholesale Inc., d/b/a Trendy Energy Solutions and Trendy Communications (Trendy), obtained a default judgment against Appellants 1 Solar Solution, LLC and Mohammad Ali Samana. Appellants argued that the trial court abused its discretion by failing to set aside the default judgment, claiming they satisfied the Craddock factors. The trial court denied their motion. The appellate court reviewed the denial of the new-trial motion for abuse of discretion and affirmed the trial court's decision, finding that the appellants' explanation for failing to answer did not negate conscious indifference.

Default JudgmentCraddock FactorsMotion for New TrialAbuse of DiscretionConscious IndifferenceAccident or MistakeAppellate ReviewTexas Civil ProcedureFailure to AppearLegal Representation
References
23
Case No. 07-12-00328-CV
Regular Panel Decision
Apr 14, 2014

Janet Bontke, Individually and as Guardian of the Estate and Person of Nolan Bontke, a Ward v. Cargill Meat Logistics Solution, Inc., Cargill Meat Solutions Corporation and Tulia Feed Lot, Inc.

Janet Bontke, individually and as guardian of Nolan Bontke, appealed a trial court judgment denying recovery against Cargill Meat Logistics Solution, Inc., Cargill Meat Solutions Corporation, and Tulia Feed Lot, Inc. Nolan Bontke, an independent contractor, sustained injuries while loading a steer at Tulia Feed Lot when he was struck by an agitated animal. The appeal raised issues concerning references to insurance, the exclusion of a rebuttal expert witness, the classification of cattle handling as inherently dangerous, and the factual sufficiency of the jury's negligence findings. The appellate court overruled all of Bontke's issues and affirmed the trial court's judgment.

negligenceindependent contractorcattle handlinginherently dangerous activityevidence admissionexpert witness exclusionfactual sufficiencyappealTexaspersonal injury
References
26
Case No. 08-06-00153-CV
Regular Panel Decision
Jun 27, 2008

David J. Quick v. Plastics Solutions of Texas, Inc., a Texas Corporation Plastics Solutions Molding, Inc., a Texas Corporation Kurt H. Ruppman, Sr., Individually and Fairfield Enterprises, Inc.

Appellant David J. Quick appealed a take-nothing judgment concerning contract claims against Plastic Solutions of Texas, Inc., Plastic Solutions Molding, Inc., Kurt H. Ruppman, Sr., and Fairfield Enterprises, Inc. Quick, a certified public accountant, sought royalties based on an agreement related to Ruppman's patented cryogenic technology. The trial court interpreted the "Royalty Revenue Agreement" to limit Quick's interest to licensing income derived from a specific heat-set/barrier blow molding technology process after January 23, 1997, and found no such income. The court also concluded that Quick's breach of contract claim was barred by failure of consideration and prior material breach due to his cessation of services. The Eighth District of Texas Court of Appeals affirmed the trial court's judgment on all issues, including the contract interpretation and the award of attorney's fees to Fairfield.

Contract lawRoyalty agreementBreach of contractDeclaratory judgmentFailure of considerationPrior material breachAttorney's feesAppellate reviewContract interpretationPatent licensing
References
47
Case No. 01-14-00687-CV
Regular Panel Decision
Mar 13, 2015

the Better Business Bureau of Metropolitan Houston, Inc., the Better Business Bureau of Metropolitan Houston Education Foundation, Dan Parsons, Chris Church, Church Enterprises, Inc., Gary Milleson, Ronald N. McMillan, D' Artagnan Bebel, Mark Goldie, Cha v. John Moore Services, Inc. and John Moore Renovation, LLC

This document contains two responses from John Moore Services, Inc. and John Moore Renovation, LLC. The primary document, filed March 13, 2015, is a response to the Appellants' (Better Business Bureau et al.) objections to consolidation of related cases for submission. John Moore Services, Inc. and John Moore Renovation, LLC (Appellees) advocate for consolidation, asserting it would serve justice and efficiency by resolving all issues in a single judgment and prevent further confusion arising from separate appeals. The embedded document, filed June 12, 2014, is a response and objection to the Better Business Bureau's motion for attorneys' fees, court costs, expenses, and sanctions. John Moore argues that the requested fees are not reasonable or necessary, that the issue of reasonableness requires a jury trial, and that the supporting evidence (Elkin Affidavit and invoices) is legally insufficient and conclusory. Furthermore, John Moore contends that awarding fees at this stage would be neither just nor equitable, given the ongoing viable claims, and requests the court to deny the motion for fees, sustain their objections, grant their motion to consolidate, and compel discovery responses.

LitigationAttorney FeesCase ConsolidationAnti-SLAPP StatuteTexas Civil ProcedureAppellate PracticeJury TrialEvidence ObjectionsDiscovery DisputesLegal Fees Reasonableness
References
27
Case No. 03-12-00293-CV
Regular Panel Decision
Jul 12, 2013

Southwest Pharmacy Solutions, Inc. D/B/A American Pharmacies v. Texas Health and Human Services Commission and Thomas Suehs, Solely in His Official Capacity as Executive Commissioner of the Texas Health and Human Services Commission

Southwest Pharmacy Solutions, Inc. d/b/a American Pharmacies appealed a trial court's judgment granting a plea to the jurisdiction filed by the Texas Health and Human Services Commission (HHSC) and its Executive Commissioner. American Pharmacies challenged HHSC's rulemaking obligations and specific rules related to pharmacy benefits under the Texas Medicaid managed care (MMC) program. They argued that HHSC failed to regulate reimbursement rates for pharmacies and did not comply with statutory requirements for analyzing the economic impact on small businesses. The appellate court affirmed the trial court's judgment, concluding that HHSC was not obligated to set reimbursement rates under the MMC model and had substantially complied with the relevant government code regarding small business impact. The court also determined that American Pharmacies lacked a justiciable interest as their economic losses stemmed from legislative changes rather than the challenged rules.

Medicaid Managed CarePharmacy BenefitsReimbursement RatesAdministrative Procedure ActDeclaratory JudgmentPlea to the JurisdictionUltra ViresStatutory ConstructionSmall Business ImpactTexas Court of Appeals
References
37
Case No. ADJ12575364
Regular
Nov 25, 2020

MIGUEL SOLIS vs. KONICA MINOLTA BUSINESS SOLUTIONS, SOMPO AMERICA

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a WCJ's decision that overturned the Medical Unit's denial of a specialty change for a Qualified Medical Evaluator (QME) panel. The WCAB found that while they have jurisdiction to review Medical Unit decisions, the applicant did not meet the standard for vacating the chiropractic QME panel. The WCAB held that a chiropractor can evaluate disputed medical issues, even with referrals to other specialists, as long as they stay within their scope of practice and report any issues outside their expertise. Therefore, the WCAB rescinded the WCJ's order and directed the parties to utilize the original chiropractic QME panel.

QME panelMedical Unitspecialty disputeorthopedic surgerychiropracticAdjudication NumberPetition for ReconsiderationFindings and OrderLabor Codesubstantial evidence
References
4
Case No. MISSING
Regular Panel Decision
Feb 09, 2006

Quick v. Plastic Solutions of Texas, Inc.

David J. Quick appealed a take-nothing judgment concerning his contract claims against Plastic Solutions of Texas, Inc. (PST), Plastic Solutions Molding, Inc. (PSMI), Kurt H. Ruppman, Sr., and Fairfield Enterprises, Inc. Quick, a certified public accountant, contended he was owed a 3% royalty from a 1997 'Royalty Revenue Agreement' based on 'Net Royalty Income Revenue.' The core dispute involved the interpretation of this term: Quick argued it included manufacturing income, while the defendants asserted it was limited to licensing income from a specific cryogenic technology. The trial court found the agreement ambiguous and ruled in favor of the defendants, concluding the royalty was restricted to licensing income from the specific technology, and no such income was received. Additionally, Quick's breach of contract claim was barred due to failure of consideration and his prior material breach by ceasing to provide services. The appellate court affirmed the trial court's judgment on all grounds, including the award of attorney's fees to Fairfield.

Contract DisputeRoyalty AgreementLicensing IncomeManufacturing IncomeCryogenic TechnologyPatent RightsBreach of ContractFailure of ConsiderationDeclaratory JudgmentAttorney's Fees
References
48
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