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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

Wesby v. Act Pipe & Supply, Inc.

Glenn Wesby was injured while working on Act Pipe & Supply, Inc.'s premises, employed by Labor Express Temporary Services. He sued Act Pipe for negligence. Act Pipe sought summary judgment, arguing that Wesby's claims were barred by Texas Workers’ Compensation statutes under either the Staff Leasing Services Act or the borrowed servant doctrine. The trial court granted summary judgment without specifying the grounds. On appeal, the court affirmed the summary judgment, finding that Wesby was Act Pipe’s borrowed servant and Act Pipe's workers’ compensation insurance applied, thus barring his common law claims, irrespective of whether notice of coverage was provided.

Personal InjurySummary JudgmentBorrowed Servant DoctrineStaff Leasing Services ActWorkers' Comp ExclusivityTemporary EmploymentNegligence ClaimsAppellate AffirmationEmployer Affirmative DefenseTexas Labor Law
References
28
Case No. MISSING
Regular Panel Decision

Lasater v. Hercules Powder Co.

This action was brought by employees of Volunteer Ordnance Works against their employer, operating under a government contract, seeking unpaid overtime compensation, liquidated damages, and attorney's fees under the Fair Labor Standards Act of 1938. The dispute centered on whether time spent at plant gates and in transit on the employer's premises constituted compensable working time. The court found that while the Fair Labor Standards Act generally applied to government contracts and the plaintiffs were engaged in the production of goods for commerce, the specific time claimed was not part of a statutory workweek, particularly considering the wartime context and the benefit to the national war effort. Furthermore, the court determined that the Portal-to-Portal Act of 1947 barred the plaintiffs' claims and affirmed the constitutionality of its provisions, including Section 9, which provides a defense for employers acting in good faith reliance on administrative interpretations. Consequently, judgment was awarded to the defendant.

Overtime CompensationFair Labor Standards ActPortal-to-Portal ActWartime ProductionGovernment ContractorsEmployee WagesStatutory WorkweekJurisdictionConstitutional LawDe Minimis Rule
References
17
Case No. MISSING
Regular Panel Decision

Rodriguez v. Texas Employers' Insurance Ass'n

This case concerns an appeal from a summary judgment granted in favor of a workers' compensation carrier. The appellant's husband died at work, and the carrier denied death benefits, leading the appellant to sue for benefits under the Workers' Compensation Act and for treble damages under the Texas Deceptive Trade Practices Act (DTPA). While the appellant successfully recovered workers' compensation benefits, the trial court granted summary judgment on the DTPA claim, ruling that the decedent was not a "consumer" as defined by the Act. The appellate court affirmed this decision, concluding that the relationship between the decedent and the compensation carrier was statutory, not contractual, meaning there was no "purchase" of goods or services to establish consumer status under the DTPA. Therefore, the denial of workers' compensation liability alone did not give rise to a cause of action under the Deceptive Trade Practices Act.

Workers' CompensationDeceptive Trade PracticesSummary Judgment AppealConsumer StatusInsurance LiabilityStatutory RelationshipContractual RelationshipDeath Benefits ClaimTreble DamagesAppellate Court Decision
References
2
Case No. 03-07-00725-CV
Regular Panel Decision
Jan 16, 2009

City of San Antonio Acting by and Through City Public Service Board N/K/A CPS Energy v. Bastrop Central Appraisal District and Chief Appraiser Mark Boehnke

The City of San Antonio, through CPS Energy, sought a writ of mandamus to compel the Bastrop Central Appraisal District (BCAD) and its chief appraiser to act on an untimely application for an open-space agricultural appraisal for 1999-2002. CPS Energy's land, previously tax-exempt for public use, lost this status retroactively after BCAD discovered a lignite mining lease with Alcoa. Although BCAD processed a similar application for 2003, it took no action on the earlier untimely applications. The appellate court affirmed the trial court's denial of mandamus, holding that BCAD had no statutory duty to act on applications filed after appraisal records approval and that CPS Energy's due-process rights were not violated, as they had opportunities to file timely applications. The court also rejected CPS Energy's estoppel argument against BCAD.

Property Tax LawAppellate ProcedureMandamus ActionStatutory InterpretationDue Process RightsTax Exemption RevocationOpen-Space Agricultural AppraisalUntimely ApplicationGovernmental EstoppelTexas Tax Code
References
21
Case No. MISSING
Regular Panel Decision
Mar 12, 1998

Cytyc Corp. v. Neuromedical Systems, Inc.

Cytyc Corporation initiated this action against Neuromedical Systems, Inc. (NSI) and two of its officers, asserting claims under the Lanham Act and New York General Business Law, alleging unlawful disparagement of its ThinPrep system. NSI filed a counterclaim, asserting claims under the Lanham Act, for defamation, and for statutory and common law unfair competition under New York State law. The core of NSI's counterclaim was that Cytyc made numerous false or misleading statements regarding its ThinPrep system and NSI's Papnet system. The court granted Cytyc's motion to dismiss NSI's defamation claim, finding the statements either true or non-actionable opinion, and not concerning NSI. However, the court denied dismissal for NSI's Lanham Act, General Business Law, and common law unfair competition claims, determining that a small number of the challenged statements by Cytyc could provide a basis for relief.

Lanham ActUnfair CompetitionFalse AdvertisingDefamationProduct DisparagementMedical Device MarketingFDA ApprovalCivil Procedure Rule 12(b)(6)CounterclaimThinPrep System
References
24
Case No. MISSING
Regular Panel Decision

Martinez v. Reich

Plaintiffs, migrant workers, sued the Department of Labor (DOL) and other federal agencies, alleging violations of the Immigration and Nationality Act (INA) and the Wagner-Peysner Act. They contended that the DOL unlawfully approved alien labor certification applications, specifically for tree planters hired by Frank Stanley. Plaintiffs argued that tree planters should be classified as agricultural workers, subject to more comprehensive protections under Subparts B and C of 20 C.F.R. § 655, rather than the less stringent procedures of Subpart A and the General Administration Letters. The court addressed the defendants' mootness argument, ruling that the case was capable of repetition yet evading review despite an earlier settlement with Stanley. Ultimately, the court found that tree planters are not agricultural workers under Part 655 and concluded that the DOL did not act arbitrarily or capriciously by applying different procedures for non-agricultural workers.

Administrative Procedures ActImmigration and Nationality ActWagner-Peysner ActAlien Labor CertificationMigrant WorkersTemporary Foreign WorkersAgricultural EmploymentNon-Agricultural EmploymentSummary JudgmentMootness Doctrine
References
11
Case No. MISSING
Regular Panel Decision

Conan Properties, Inc. v. Mattel, Inc.

Conan Properties, Inc. (CPI) sued Mattel, Inc. for copyright infringement, Lanham Act violations, unfair competition, dilution, breach of contract, and fraud and misrepresentation concerning the "CONAN THE BARBARIAN" character and Mattel's "He-Man" toy line. Mattel moved to dismiss the amended complaint on several grounds, including failure to plead compliance with copyright prerequisites and fully plead a Lanham Act cause of action, and absence of jurisdiction over state law claims. The District Court, presided over by Judge Kevin Thomas Duffy, determined that CPI's copyrights were derivative works and that claims of infringement of unregistered copyrights (beyond eight attached registrations) and the fraud and misrepresentation claim for lack of particularity should be dismissed without prejudice, allowing CPI to file a second amended complaint. The court denied dismissal motions for Lanham Act, unfair competition, and dilution claims, maintaining pendent jurisdiction over the remaining state law claims.

Copyright InfringementLanham ActUnfair CompetitionDilutionBreach of ContractFraudMisrepresentationDerivative WorkFederal Rules of Civil Procedure Rule 12(b)(6)Federal Rules of Civil Procedure Rule 9(b)
References
6
Case No. 15-25-00022-CV
Regular Panel Decision
Dec 03, 2024

City of Coppell, Texas; City of Humble, Texas; City of DeSoto, Texas; City of Carrollton, Texas; And City of Farmer's Branch, Texas // Kelly Hancock, in His Official Capacity as Acting Comptroller of Public Accounts of the State of Texas v. Kelly Hancock, in His Official Capacity as Acting Comptroller of Public Accounts of the State of Texas // City of Coppell, Texas; City of Humble, Texas; City of DeSoto, Texas; City of Carrollton, Texas; City of Farmer's Branch, Texas; And City of Round Rock, Texas

The case involves a legal dispute over the State of Texas Comptroller's amendments to Rule 3.334, which governs local sales and use tax sourcing, especially for e-commerce and fulfillment centers. The applicant cities challenge several subsections of the rule, arguing they contravene existing statutes, prior interpretations, and the Administrative Procedure Act due to inadequate notice and reasoned justification. The Comptroller asserts the amendments clarify long-standing interpretations to address modern e-commerce practices, ensure uniform tax application, and prevent revenue manipulation, maintaining that the changes are within their statutory rulemaking authority. The trial court invalidated several contested subsections of Rule 3.334, permanently enjoining their enforcement and remanding them for further consideration. Both parties are appealing aspects of the trial court's decision, with the Comptroller cross-appealing the invalidity rulings. The issue is significant to Texas jurisprudence, determining where sales or use taxes are consummated for local allocation.

Sales Tax SourcingLocal Sales TaxE-commerceFulfillment CentersAdministrative LawStatutory InterpretationTexas Tax CodeRule 3.334Tax Revenue AllocationJudicial Review of Agency Action
References
21
Case No. MISSING
Regular Panel Decision

Alternative Electrodes, LLC v. Empi, Inc.

Plaintiff Alternative Electrodes, LLC (AEL) sued Empi, Inc. and Encore Medical, L.P. for violations of the Lanham Act, Sherman Act, and various New York state laws, including illegal monopoly, false advertising, and tortious interference. Defendants moved to dismiss all claims except the Lanham Act claim. The court denied dismissal for AEL's Sherman Act, Donnelly Act, and breach of contract claims, finding sufficient allegations of antitrust injury, market definition, and breach of a settlement agreement. However, the state law claims for business disparagement/injurious falsehood and tortious interference were dismissed without prejudice, as AEL failed to adequately plead special damages and 'but for' causation, respectively. The civil conspiracy claim, alleged as an independent tort, was also dismissed.

Antitrust LawSherman ActLanham ActBusiness DisparagementTortious InterferenceCivil ConspiracyBreach of ContractMotion to DismissRule 12(b)(6)Monopoly Power
References
66
Case No. MISSING
Regular Panel Decision

Cintas Corp. v. Unite Here

Cintas Corporation and its affiliates sued UNITE HERE, Change To Win, the International Brotherhood of Teamsters, and several individuals, alleging claims under the Racketeer Influenced and Corrupt Organizations Act (RICO), the Lanham Act, and Ohio state law. Cintas accused the defendants of orchestrating a "Corporate Campaign" to pressure them into a card-check/neutrality agreement, involving disparaging websites and communications targeting Cintas's customers and investors. The court granted the defendants' motion to dismiss, finding that Cintas failed to establish predicate acts for the RICO claims (attempted extortion under the Hobbs Act and Ohio law). Additionally, the Lanham Act claims for trademark infringement, unfair competition, trademark dilution, and cybersquatting were dismissed due to lack of likelihood of confusion, commercial use for profit, or bad faith intent to profit. The court declined to exercise supplemental jurisdiction over the remaining Ohio state-law claims, leading to the dismissal of the entire action.

RICOLanham ActTrademark InfringementUnfair CompetitionTrademark DilutionCybersquattingHobbs ActLabor UnionsCorporate CampaignFreedom of Speech
References
30
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