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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. MISSING
Regular Panel Decision

Tzolis v. Wolff

The dissent argues that the majority overstepped its bounds by judicially creating a right for Limited Liability Company (LLC) members to bring derivative actions, a right that the New York Legislature explicitly considered and rejected during the enactment of the LLC Law in 1994. Justice Read highlights the legislative history, demonstrating that while the Assembly initially included derivative action provisions in proposed LLC bills, the Senate consistently omitted them, leading to a deliberate legislative compromise that excluded such rights from the final statute. The dissent criticizes the majority's justification based on existing common law and analogies to other business entities, asserting that there is no settled law regarding derivative suits for LLCs, which are a relatively new statutory form. Citing precedents, Justice Read emphasizes the Court's consistent deference to legislative intent, particularly when proposed statutory language is omitted. The dissenting opinion concludes that the majority has effectively rewritten the law, undermining legislative prerogative and providing a remedy unfettered by the safeguards typically imposed by the Legislature.

Limited Liability Companies (LLCs)Derivative SuitsLegislative IntentStatutory InterpretationJudicial ActivismAppellate ProcedureBusiness LawCorporate GovernancePartnership LawCommon Law Equity
References
12
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

State v. City of Galveston

Justice Terry Jennings dissents from the denial of en banc consideration, arguing that the panel's decision to not shield municipalities from the State's tort claims creates a state sovereignty exception to governmental immunity without legislative approval. This, he contends, subjects local governmental units to unlimited tort liability and undermines the Texas Legislature's sole authority to waive sovereign immunity, as explicitly defined in the Texas Tort Claims Act. Justice Jennings highlights that the Legislature has precisely outlined the circumstances under which municipalities are liable for governmental functions and that any expansion of this liability should be a legislative, not judicial, prerogative. He also criticizes the majority's misapplication of the *Eagle Pass* precedent.

Governmental ImmunityMunicipal LiabilityTort Claims ActState SovereigntyLegislative PrerogativeJudicial ActivismEn Banc ConsiderationDissenting OpinionTexas LawLocal Government
References
7
Case No. 22 S.W.3d 870
Regular Panel Decision
Jun 08, 2000

FM Properties Operating Co. v. City of Austin

This dissenting opinion, joined by Justices Abbott, Hecht, and Owen, argues against the Court's majority decision that Section 26.179 of the Texas Water Code unconstitutionally delegates legislative power to private landowners. The justices assert that the Legislature holds the prerogative to limit regulatory authority previously granted to local governments, and that Section 26.179 represents a valid exercise of this power to foster economic development while ensuring water quality. They contend that the statute establishes clear water-quality standards with comprehensive TNRCC oversight, thus avoiding unconstitutional delegation. The dissent also rejects arguments that Section 26.179 is an unconstitutional local or special law, or a retroactive law, emphasizing the importance of legislative intent and private property rights in the state's regulatory framework.

Constitutional LawDelegation of PowerLegislative AuthorityPrivate Property RightsWater Quality RegulationExtraterritorial Jurisdiction (ETJ)Texas Water CodeStatutory InterpretationLocal Government PowerJudicial Review
References
46
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
6
Case No. MISSING
Regular Panel Decision

Held v. Hall

This CPLR article 78 proceeding addressed the compatibility of holding a county legislator position and a municipal Police Chief position concurrently. The respondent, elected as a Westchester County Legislator, sought to retain his role as Police Chief of the Town/Village of Harrison. Petitioners argued that these two offices were incompatible under common law and a local Westchester County law (Local Law No. 10). The court, presided over by John P. DiBlasi, J., found both common-law incompatibility and a statutory bar applied. It ruled that by accepting and qualifying for the county legislator position on December 3, 2001, the respondent, by implication, resigned from his Police Chief position as per established common law. Consequently, the court vacated a prior preliminary injunction that had prevented the respondent from fully exercising his powers as a county legislator, affirming his eligibility for the legislative role since December 3, 2001.

Incompatible OfficesDual Office HoldingPublic OfficerCounty LegislatorPolice ChiefCommon Law IncompatibilityStatutory BarLocal LawWestchester CountyImplied Resignation
References
38
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