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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

Echostar Satellite L.L.C. and Dish Network Service L.L.C. v. Ray Aguilar

Ray Aguilar sued his employers, Echostar Satellite L.L.C. and Dish Network Service, L.L.C., for wrongful termination in violation of the Texas Labor Code Chapter 451, alleging retaliation for filing a workers' compensation claim after a workplace injury. Aguilar claimed a hostile work environment, denial of a pay raise, and being pressured into unpaid FMLA leave, leading to his termination for 'job abandonment' without proper notice. A jury found in Aguilar's favor, awarding actual and punitive damages. The appellate court affirmed the findings of retaliation and constructive discharge, concluding there was sufficient evidence that the employers failed to uniformly enforce their absence control policy and showed a causal link between the claim and termination. However, the court reversed the punitive damages award, finding insufficient evidence of actual malice.

Retaliatory DischargeEmployment DiscriminationTexas Labor Code Chapter 451Absence Control PolicyConstructive TerminationFamily Medical Leave Act (FMLA)Exemplary DamagesLegal SufficiencyFactual SufficiencyAppellate Review
References
42
Case No. 08-10-00328-CV
Regular Panel Decision
Oct 17, 2012

Echostar Satellite L.L.C. and Dish Network Service L.L.C. v. Ray Aguilar

Ray Aguilar, a former employee, sued Echostar Satellite L.L.C. and Dish Network, L.L.C. for wrongful termination under the Texas Labor Code Chapter 451, alleging retaliation for filing a workers' compensation claim. A jury found in Aguilar's favor, awarding actual and exemplary damages. On appeal, the Eighth District Court of Appeals of Texas affirmed the jury's findings regarding the employer's failure to uniformly enforce its absence control policy, the presence of retaliatory discharge, and constructive termination. However, the court reversed the award of exemplary damages, concluding there was insufficient evidence of actual malice.

Workers' CompensationRetaliatory DischargeAbsence Control PolicyConstructive TerminationExemplary DamagesTexas Labor CodeFMLAJury VerdictAppellate ReviewEmployment Law
References
42
Case No. 09-23-00047-CV
Regular Panel Decision
Jun 27, 2024

Dockside Marine, L.L.C. v. Joshua Walker, Bryan Brown, and HTX Watersports, L.L.C.

Dockside Marine, L.L.C. appealed the trial court's grant of summary judgment in favor of Joshua Walker, Bryan Brown, and HTX Watersports, L.L.C. Dockside's claims included theft, conversion, breach of fiduciary duty, tortious interference with contract, and civil conspiracy, stemming from allegations that Walker, their former General Manager, diverted business and employees to a new competing dealership, HTX. The Court of Appeals partially reversed, finding genuine issues of material fact for theft and conversion claims against all appellees, and for breach of fiduciary duty against Walker. However, the court affirmed the summary judgment for knowing participation in breach of fiduciary duty against Brown and HTX, and for tortious interference and civil conspiracy against all appellees. This affirmation was based on Dockside's failure to present sufficient evidence regarding a "meeting of the minds" or direct interference for these specific claims.

theftconversionbreach of fiduciary dutytortious interferencecivil conspiracysummary judgmentat-will employmentboat dealership disputecontract disputeappellate review
References
39
Case No. 04-22-00232-CV
Regular Panel Decision
Dec 11, 2024

Champion Food Service, Inc. and Champion Food Service 2, Inc. (Cross-Appellee) v. ProAlamo Foods, L.L.C. and ProCoastal, L.L.C. (Cross-Appellant)

Champion Food Service, Inc. and Champion Food Service 2, Inc. (Champion) appealed a final judgment in favor of ProAlamo Foods, L.L.C. and ProCoastal, L.L.C. (Pro Parties) after a jury trial. The appellate court reversed the trial court's order awarding additional post-verdict attorneys' fees to the Pro Parties, finding the re-opening of evidence impermissible. However, the court affirmed the judgment for the Pro Parties on their quantum meruit claim, including attorneys' fees (excluding the reversed post-verdict award). Champion's claims for DTPA violations and breach of implied warranty were denied due to insufficient evidence. The court upheld the trial court's evidentiary rulings regarding frozen meat products and text messages.

Quantum MeruitAttorneys' FeesDirected VerdictBreach of ContractImplied WarrantyDTPAAppellate ReviewJury VerdictPost-Verdict FeesFood Distribution
References
48
Case No. 13-06-471-CV
Regular Panel Decision
Apr 17, 2008

Day Cruises Maritime, L.L.C. and Corpus Christi Day Cruise, L.L.C. v. Christus Spohn Health System D/B/A Christus Spohn Hospital Memorial

This case involves an appeal from summary judgments. Appellants (Day Cruises Maritime, L.L.C. and Corpus Christi Day Cruise, L.L.C., collectively "Texas Treasure") contested the trial court's decision in favor of appellee (Christus Spohn Health System d/b/a Christus Spohn Hospital Memorial, "Christus"). The dispute arose from medical expenses incurred by a seaman, Judy Ann Lanado, employed by Texas Treasure, who suffered severe brain damage after surgery at Christus. Texas Treasure sought to avoid liability for the entire hospital bill and claimed equitable subrogation. The appellate court affirmed the denial of Texas Treasure's motion for summary judgment on its plea in intervention but reversed the granting of Christus's motions for summary judgment on its counterclaim and Texas Treasure's plea in intervention, remanding for further proceedings to determine negligence and attributable expenses.

Summary JudgmentAppellate ReviewSworn AccountVerified DenialDue ProcessEquitable SubrogationMaintenance and CureMaritime LawAlien CrewmanHospital Expenses
References
52
Case No. 12-14-00254-CV
Regular Panel Decision
Mar 09, 2015

Neurodiagnostic Tex, L.L.C. v. Robert Josh Pierce and Synergy IOM, LLC

Neurodiagnostic Tex, L.L.C. (Appellant) sued Robert "Josh" Pierce, a former employee, and Synergy IOM, L.L.C. (Appellee) for tortious interference with Pierce's covenant not to compete. Pierce, an IOM technician, left Neurodiagnostic after eight years to work for Synergy. Appellant alleged that the noncompete agreement was violated and sought damages. Synergy argued the covenant was unenforceable due to unreasonable restraints (time, geographic area, scope of activity) and lack of a protectable interest, such as confidential information or specialized training. Synergy also contended that Appellant failed to prove actual damages or interference. The trial court's judgment in favor of Synergy is being appealed, with Synergy requesting its affirmation.

Noncompete covenantTortious interferenceEmployment agreementIntraoperative neurophysiologic monitoringIOM technicianTrade secretsConfidential informationGeographic restraintsDuration restraintsSummary judgment
References
83
Case No. MISSING
Regular Panel Decision
Apr 17, 2008

Day Cruises Maritime, L.L.C. v. Christus Spohn Health System

Appellants Day Cruises Maritime, L.L.C. and Corpus Christi Day Cruise, L.L.C. appealed summary judgments in favor of Christus Spohn Health System regarding medical expenses for Judy Ann Lanado, a seaman who suffered severe brain damage. Christus sought payment based on a sworn account, a guarantee, and maritime maintenance and cure. The appellate court reversed the summary judgment for Christus's counterclaim, finding an ineffective sworn denial and Christus's lack of standing for the guarantee. It also found a material fact issue regarding the reasonableness of medical charges under maintenance and cure. The court affirmed the denial of equitable subrogation to appellants but remanded for a determination of Christus's potential negligence affecting the medical bill.

Maritime LawSummary JudgmentMaintenance and CureEquitable SubrogationSworn AccountDue ProcessAlien CrewmanMedical ExpensesTexas LawAppellate Procedure
References
52
Case No. 03-07-00032-CV
Regular Panel Decision
May 07, 2008

Texas Logos, L. P. v. Gregory R. Brinkmeyer, Individually Hori-Zone Concepts, L.L.C. Centerline Supply, Inc. Lonestar Logos & Signs, L.L.C. Media Choice, L.L.C. And Quorum Media Group, L.L.C.

Texas Logos, L.P., an unsuccessful bidder for a TxDOT logo sign contract, filed a second lawsuit against a former TxDOT engineer, his consulting company, the winning vendor, and its affiliates, along with a subcontractor. Texas Logos alleged a conspiracy to unlawfully skew the procurement process and asserted common-law tort claims for fraud, civil conspiracy, and tortious interference with a business relationship, seeking monetary damages. The district court dismissed the suit for want of subject-matter jurisdiction. The Texas Court of Appeals reversed this judgment, holding that the district court possessed subject-matter jurisdiction over the common-law tort claims and that these claims did not constitute an impermissible judicial review of TxDOT's procurement decision.

Procurement fraudCivil conspiracyTortious interferenceGovernmental contractsSubject-matter jurisdictionOfficial immunityCommon-law claimsAppellate reviewTexas Department of TransportationBid rigging
References
35
Case No. 2019 NY Slip Op 07699 [176 AD3d 587]
Regular Panel Decision
Oct 24, 2019

Rivera v. 11 W. 42 Realty Invs., L.L.C.

Plaintiff Humberto Rivera was injured while riding in an elevator filled with unsecured construction materials. Defendants 11 West 42 Realty Investors, L.L.C. and Tishman Speyer Properties, L.P. successfully appealed the denial of their motion for summary judgment, with the Appellate Division finding they established prima facie that they did not cause or have notice of the unsafe condition and only exercised general supervisory control. Conversely, defendants NTT Services, LLC and Pritchard Industries, Inc.'s motion for summary judgment was denied and affirmed on appeal. They failed to demonstrate they did not create a hazard or fully displace the duty to maintain safe premises, given that their employee permitted plaintiff to enter the elevator despite company rules against it. The court also noted unresolved issues regarding contractual indemnification for 11 West 42 Realty Investors, L.L.C.

Elevator AccidentPremises LiabilitySummary Judgment MotionNegligenceContractual IndemnificationGeneral Supervisory ControlUnsecured MaterialsWorker SafetyAppellate Review
References
3
Case No. 01-15-00152-CV
Regular Panel Decision
Feb 10, 2015

Donald B. Mullins and Blue Sky Right of Way, L.L.C. v. Martinez R.O.W., LLC F/K/A Martinez Investments

Donald B. Mullins and Blue Sky Right of Way, L.L.C. (Appellants) contracted with Southern Brush S.W., Inc., and then subcontracted part of the work to Martinez R.O.W., L.L.C. (Appellee). An employee of Martinez, Bonifacio Gomez, was injured on the job and sued Mullins. Mullins filed a cross-claim against Martinez for indemnity and contribution, arguing Martinez agreed to indemnify Blue Sky and Mullins. Martinez, a workers' compensation subscriber, moved for summary judgment under Tex. Labor Code § 417.004, asserting no written agreement for liability assumption existed. The trial court granted Martinez's summary judgment and denied Mullins' subsequent motions to vacate and amend. This appeal concerns whether the district court properly granted summary judgment, given the absence of a pre-accident written agreement where Martinez assumed Mullins' liability.

Workers' CompensationIndemnityContributionSummary JudgmentTexas Labor CodeExpress Negligence RuleThird-Party LiabilityInsurance CertificateGross NegligenceEmployer Protection
References
32
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