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

Case No. 03-10-00358-CV
Regular Panel Decision
Jan 27, 2012

Russell H. Fish, III, Individually and Derivatively on Behalf of Texas Legislative Service, Partnership v. Texas Legislative Service, Partnership Andrew K. Fish And John C. Fish

This case concerns a dispute within the Texas Legislative Service (TLS) partnership, where Russell H. Fish, III, sued his brothers Andrew K. Fish and John C. Fish for alleged breaches of their partnership agreement, fiduciary duties, and intellectual property misappropriation. Russell claimed Andrew and John improperly set their compensation, denied him access to partnership records, and violated terms regarding the sale of their mother's partnership interest. Furthermore, Russell alleged that Andrew competed with TLS by operating similar businesses in other states and misused TLS's trade secrets and software. The trial court initially granted summary judgment in favor of Andrew and John on all claims. On appeal, the court affirmed most of the trial court's rulings but reversed and remanded the breach of contract claim related to partner compensation, citing a partial limitations bar and a remaining factual dispute regarding waiver.

Partnership AgreementBreach of ContractFiduciary DutySummary JudgmentStatute of LimitationsWaiverTrade SecretsCopyright InfringementPartner CompensationAccess to Records
References
27
Case No. 03-06-00501-CV
Regular Panel Decision
May 25, 2007

Edd Hendee, Individually and as Executive Director of C.L.O.U.T. v. David Dewhurst, Tom Craddick, State of Texas, and the Texas Legislative Budget Board

This case originated from a suit filed by Edd Hendee and Citizens Lowering Our Unfair Taxes (C.L.O.U.T.) against the Lieutenant Governor, Speaker of the House, Comptroller, members of the Legislative Budget Board, and the State of Texas. Plaintiffs challenged H.B. 1, enacted in response to the Neeley v. West Orange Cove case, which aimed to shift public school funding. They alleged that H.B. 1's appropriation violated Article VIII, Section 22 of the Texas Constitution and Chapter 316 of the Government Code by exceeding the biennial cap on the rate of growth of appropriations. Plaintiffs also argued that Chapter 316 constituted an unconstitutional delegation of legislative power. The district court granted the State Defendants' plea to the jurisdiction and dismissed the claims. The appellate court affirmed the dismissal of the unconstitutional delegation claim but reversed and remanded the claims regarding the unconstitutionality and illegality of H.B. 1's appropriation for further proceedings, noting that Plaintiffs are entitled to amend their pleadings to address associational standing defects.

Constitutional LawState AppropriationsSpending CapLegislative Budget BoardTaxpayer StandingSeparation of PowersJudicial ReviewPublic School FinanceTexas ConstitutionGovernment Code
References
45
Case No. 1999-05407
Regular Panel Decision

Red Cap Valet, Ltd. v. Hotel Nikko (USA), Inc.

This case involves appeals by defendants Ramon Rosa and Leigh Russo from orders of the Supreme Court, Nassau County, concerning defamation and tortious interference with a contract. Ramon Rosa's appeal regarding an order denying his cross-motion to dismiss for lack of personal jurisdiction was withdrawn. The Appellate Division modified another order, granting Leigh Russo's motion to dismiss the fourth cause of action (defamation) against her, finding the statement subject to qualified privilege and the plaintiff failed to allege malice. Additionally, the plaintiff was denied leave to replead the sixth cause of action (conspiracy to tortiously interfere with contractual relations) against both defendants, as New York does not recognize an independent tort for conspiracy. The Supreme Court's decision to not dismiss the second cause of action against Ramon Rosa for tortious interference with prospective contractual relations was upheld.

DefamationTortious InterferenceContractual RelationsMotion to DismissPersonal JurisdictionLeave to RepleadQualified PrivilegeAppellate ReviewCivil ProcedureConspiracy
References
8
Case No. MISSING
Regular Panel Decision

Exxon Corp. v. Allsup

Robert Allsup sued Exxon Corporation for tortious interference with his lifetime employment contract with King Ranch and with a prospective employment relationship with Don Brock, Distributor (DBD). Allsup, a gate guard since 1961 with a verbal lifetime employment agreement, was effectively managed by Exxon and its subcontractors from 1976. In 1988, Exxon awarded the gate guard contract to DBD, who, under Exxon's influence and based on prior complaints from Exxon personnel, refused to hire Allsup. The jury found Exxon tortiously interfered with Allsup's contract and awarded damages. The appellate court affirmed the finding of tortious interference and associated damages, including exemplary damages, but reversed the finding regarding negligent handling of employment relationship as it constitutes an intentional tort.

Tortious InterferenceContractual RelationshipProspective EmploymentLifetime ContractActual MalicePunitive DamagesJury VerdictTexas Appellate CourtEmployer InterferenceAffirmative Defense
References
46
Case No. 889 F. Supp. 98
Regular Panel Decision
Jun 02, 1995

Haley v. Pataki

Legislative employees of New York State sought a preliminary injunction to compel payment of their bi-weekly salaries, which were withheld by Governor Pataki after March 31, 1995, amidst a state budget dispute. They alleged violations of the Contract Clause, Equal Protection, Due Process, and separation of powers. The court dismissed the State of New York as a defendant due to Eleventh Amendment immunity but proceeded against Governor Pataki. Finding irreparable harm and a likelihood of success on the Contract Clause claim, the court issued a mandatory preliminary injunction. This order requires the Governor, when seeking future appropriations for state workers, not to exclude legislative employees and to allocate funds for their payment.

Preliminary InjunctionContract ClauseEleventh AmendmentState EmployeesWage DisputeSeparation of PowersDue ProcessEqual ProtectionNew York StateGovernor's Powers
References
33
Case No. MISSING
Regular Panel Decision

I.G. Second Generation Partners, L.P. v. Reade

This case concerns an appeal from multiple orders of the Supreme Court, New York County, presided over by Justice Alice Schlesinger. The appellate court unanimously affirmed the dismissal of plaintiffs' claims for malicious prosecution, abuse of process, tortious interference with contract, and breach of implied contract. The court found that the malicious prosecution claim lacked probable cause, emphasizing that a prior judgment against the plaintiffs created a presumption of probable cause not overcome by subsequent reversal. The abuse of process claim failed as there was no indication of perverted use of process for a collateral advantage. Furthermore, the tortious interference claim was barred by the Noerr-Pennington doctrine, and proposed amendments for implied contract theories were properly denied due to a lack of meeting of the minds and absence of unjust enrichment.

malicious prosecutionabuse of processtortious interference with contractbreach of implied contractNoerr-Pennington doctrineprobable causeamendment of complaintunjust enrichmentaffirmationappellate review
References
17
Case No. MISSING
Regular Panel Decision

Kolomick v. New York Air National Guard

The plaintiff sought to challenge a military personnel decision concerning his qualifications as a medical pararescue technician in the New York Air National Guard, pursuing a claim under the Human Rights Law after an unsuccessful internal discrimination complaint. The court considered whether civilian courts possessed subject matter jurisdiction over such military employment decisions. Justice O'Brien concurred with the decision to affirm the lower court's ruling, asserting that civilian courts lack jurisdiction to interfere with military personnel matters. This position is supported by established legal precedent and policy reasons emphasizing the military's distinct hierarchical structure and the need to avoid judicial second-guessing of professional military judgments. The opinion also discussed the inapplicability of anti-discrimination statutes like Title VII and the ADEA to military personnel without explicit legislative intent, further reinforcing the principle of non-interference by civilian courts in military affairs.

Military Personnel DecisionsSubject Matter JurisdictionJudicial ReviewNational GuardHuman Rights LawDiscrimination Complaint ProcedureMilitary LawFederal PreemptionCivilian Court InterferenceMilitary Efficiency
References
21
Case No. MISSING
Regular Panel Decision

Barker Bros. Waste v. Dyer County Legislative Body

Plaintiff Barker Brothers Waste, Inc. and Northwest Tennessee Disposal Corporation sued defendant Dyer County Legislative Body and Browning-Ferris Industries (BFI) over a waste service contract in Dyer County, Tennessee. Plaintiffs alleged violations of the Commerce Clause and Due Process Clause of the Fourteenth Amendment, as well as state competitive bidding statutes. The court denied the plaintiffs' motion for a preliminary injunction. It found that the Dyer County bidding process was not discriminatory under the Commerce Clause, and that the market participant doctrine would immunize the county's actions even if it were discriminatory. Plaintiffs' Due Process claim was also found to be without merit, and the state law claims were dismissed without prejudice due to lack of subject matter jurisdiction.

Waste ManagementContract DisputeCommerce ClauseDue ProcessCompetitive BiddingMarket Participant DoctrinePreliminary InjunctionJurisdictionDyer CountyMunicipal Contracts
References
46
Case No. Proceedings No. 1, 2, and 3
Regular Panel Decision
Dec 21, 2009

Stewart v. Chautauqua County Board of Elections

This case involves three consolidated proceedings under Election Law article 16 concerning a general election for the position of Chautauqua County Legislator for the Seventh District. The court modified a lower court order, invalidating the J.K. affidavit ballot due to the voter's lack of residency and validating two previously unreadable optical scan ballots, concluding voters did not abandon them. It upheld the validity of the John Doe affidavit ballot, citing a lack of jurisdiction for challenges. The court also affirmed the validity of two absentee ballots despite initial application irregularities and the presence of extrinsic materials. A cross-appeal by Leon H. Beightol regarding the opening and validity of absentee ballots was dismissed in part and denied in part.

Election LawAbsentee BallotsOptical Scan BallotsAffidavit BallotsVoter ResidenceBallot ValidityJudicial EstoppelCross AppealChautauqua CountyGeneral Election
References
25
Case No. MISSING
Regular Panel Decision

Coalition of United Peoples, Inc. v. Brady

The petitioner appeals an order denying a preliminary injunction, which sought to halt a transitional housing project in the Town of Greenburgh, Westchester County. The petitioner challenged the Westchester County Board of Legislators' acceptance of a final environmental impact statement (FEIS) for the project, alleging it was deficient under the New York State Environmental Quality Review Act (SEQRA). The Supreme Court denied the preliminary injunction, concluding that the petitioner failed to satisfy its burden of showing entitlement to relief. The appellate court affirmed the decision, holding that the Board had properly identified and taken a hard look at the environmental concerns, making a reasoned elaboration for its determination, and that its decision was not arbitrary or capricious.

CPLR Article 78Environmental Quality Review ActSEQRAPreliminary InjunctionEnvironmental Impact StatementTransitional HousingJudicial ReviewStandard of ReviewGovernment ActionLand Development
References
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