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

Case No. 03-99-00427-CV
Regular Panel Decision
May 11, 2000

Carole Keeton Rylander, as Successor to John Sharp, Comptroller of Public Accounts of the State of Texas And John Cornyn, as Successor to Dan Morales, Attorney General of the State of Texas v. Bandag Licensing Corporation

This case involves an appeal by the Comptroller of Public Accounts and the Attorney General of Texas from a district court judgment. The district court awarded Bandag Licensing Corporation (BLC) a recovery of $503,726 in franchise taxes paid under protest for the years 1992-96, along with attorney's fees. The central issue was whether BLC's mere possession of a certificate of authority to do business in Texas, without physical presence or intrastate business, constituted a 'substantial nexus' for franchise tax purposes under the Commerce Clause and Due Process Clause of the United States Constitution. The appellate court affirmed the district court's judgment, concluding that such passive possession was insufficient for taxation. Furthermore, the court found section 112.108 of the Texas Tax Code, which prohibited attorney's fees in declaratory judgment actions against the state, unconstitutional, thereby upholding the award of attorney's fees to BLC.

Franchise TaxCommerce ClauseDue Process ClauseDeclaratory Judgment ActGovernmental ImmunitySubstantial NexusCertificate of AuthorityInterstate CommerceTaxation LawConstitutional Law
References
34
Case No. MISSING
Regular Panel Decision
Feb 10, 2000

Rylander v. Bandag Licensing Corp.

This case concerns an appeal by the Comptroller of Public Accounts and the Attorney General from a district court judgment that awarded Bandag Licensing Corporation (BLC) recovery of franchise taxes paid under protest for the years 1992-96, along with attorney's fees. BLC, an Iowa corporation, held a certificate of authority to do business in Texas but had no physical presence or conducted intrastate business in the state, operating solely through interstate commerce. The Comptroller's assessment of franchise taxes, based solely on BLC's certificate of authority, was challenged as a violation of the Commerce Clause and Due Process Clause of the United States Constitution, as well as the Texas Tax Code. The appellate court affirmed the trial court's judgment, concluding that BLC's mere possession of a certificate of authority did not establish a "substantial nexus" with Texas required by the Commerce Clause, nor did it satisfy the minimum contacts for the Due Process Clause. The court also upheld the award of attorney's fees to BLC, ruling that the amended Tax Code § 112.108, which prohibits such fees in declaratory judgment actions against the state, was unconstitutional as an unreasonable financial barrier to court access.

Franchise TaxCommerce ClauseDue Process ClauseSubstantial NexusPhysical PresenceDeclaratory JudgmentAttorney's FeesGovernmental ImmunityTaxation LawConstitutional Law
References
34
Case No. 03-10-00160-CV
Regular Panel Decision
Aug 31, 2010

William H. Kuntz, Jr., in His Official Capacity as Executive Director of the Texas Department of Licensing and Regulation Texas Department of Licensing and Regulation Texas Commission of Licensing and Regulation Frank S. Denton v. Reema Khan, D/B/A Salon Rupa - Shapes Brow Bar

This appeal concerns district court orders that partially denied a plea to the jurisdiction and granted a temporary injunction. The appellants, governmental defendants including the Texas Department of Licensing and Regulation and its executive director and members, faced claims from appellee Reema Khan, who operates eyebrow threading businesses. Khan was penalized for practicing cosmetology without a license and challenged this, arguing eyebrow threading is not within the statutory scope of cosmetology. The appellate court reversed the district court's denial of the plea to the jurisdiction for Khan's declaratory claims, dismissing them as redundant to her Administrative Procedures Act (APA) judicial review claim. However, the court affirmed the temporary injunction, finding no abuse of discretion given Khan's viable APA claim and probable right to recovery against the Department's regulation of eyebrow threading.

Cosmetology RegulationEyebrow ThreadingAdministrative Procedures ActDeclaratory Judgments ActPlea to JurisdictionTemporary InjunctionStatutory InterpretationProfessional LicensingGovernmental AuthorityUltra Vires Act
References
24
Case No. 03-23-00316-CV
Regular Panel Decision
Apr 16, 2025

City of Killeen, Texas and Ground Game Texas v. Bell County, Texas; The 27th Judicial District Attorney's Office; And the Bell County Attorney's Office

The City of Killeen, Texas, and Ground Game Texas appealed the trial court's denial of their pleas to the jurisdiction. The underlying lawsuit, filed by Bell County, the 27th Judicial District Attorney’s Office, and the Bell County Attorney’s Office, challenged the constitutionality and validity of a Killeen ordinance decriminalizing misdemeanor marijuana possession. Appellants argued that the appellees lacked standing and that governmental immunity barred the suit. The appellate court affirmed the trial court's order, concluding that the District Attorney’s Office had standing due to the ordinance's interference with its prosecutorial discretion and duties. It also found that governmental immunity was waived for challenges to an ordinance's validity and for concurrent claims for injunctive relief under the Uniform Declaratory Judgments Act.

Decriminalization OrdinanceMarijuana PossessionPlea to the JurisdictionGovernmental ImmunityStandingProsecutorial DiscretionUniform Declaratory Judgments ActTexas Local Government CodeTexas Health & Safety CodeTexas Code of Criminal Procedure
References
29
Case No. 13-10-00016-CV, 13-10-00023-CV, 13-10-00059-CV
Regular Panel Decision

Cascos v. Cameron County Attorney

This case consolidates three interlocutory appeals primarily involving a dispute between the Cameron County Commissioners Court and the Cameron County Attorney. Appellants, comprising county officials and attorneys, challenged trial court orders that granted a temporary restraining order and a temporary injunction against them, favoring the County Attorney, and denied their plea to the jurisdiction. The appellate court conditionally granted the appellants' petition for writ of mandamus, ensuring their right to supersede the temporary injunction during appeal. While dismissing an appeal regarding the temporary restraining orders as moot, the court ultimately dissolved the temporary injunction and reversed the trial court's judgment. The court concluded that the Commissioners Court possesses implied powers to manage county business and employ legal counsel, and the County Attorney does not hold an exclusive right to represent the county in all civil matters, thereby finding the trial court abused its discretion in issuing the injunction.

Interlocutory AppealMandamusTemporary InjunctionGovernmental Entity DisputeCounty Attorney DutiesCommissioners Court AuthorityDeclaratory JudgmentStatutory InterpretationRes JudicataMootness Doctrine
References
106
Case No. 03-12-00309-CV
Regular Panel Decision
Aug 08, 2013

Larry F. York// Texas Guaranteed Student Loan Corporation and Greg Abbott, Attorney General for the State of Texas v. Texas Guaranteed Student Loan Corporation And Greg Abbott, Attorney General for the State of Texas// Cross- Larry F. York

This case involves Larry F. York's challenge to an Attorney General's open-records ruling concerning the Texas Guaranteed Student Loan Corporation (TGSL). York sought disclosure of various TGSL records, including board meeting minutes, a Strategic Plan, President's Reports, EAS-related documents, and a VFA application. The district court ordered disclosure of the actual minutes and EAS records but allowed TGSL to withhold attachments, the Strategic Plan, President's Reports, and pricing information from the VFA application. The Court of Appeals largely sided with York, affirming the disclosure of minutes and EAS records and reversing to order disclosure of the Strategic Plan, President's Reports, and other minute attachments. However, it affirmed the withholding of VFA pricing information and the denial of attorney's fees to York.

Open Meetings ActPublic Information ActGovernment TransparencyStudent LoansGovernmental RecordsCompetitive HarmDeclaratory JudgmentAttorney's FeesStatutory ConstructionAppellate Review
References
62
Case No. MISSING
Regular Panel Decision

In re Relativity Fashion, LLC

This Memorandum Opinion addresses a motion for attorneys' fees and expenses filed by Relativity Media, LLC (and its affiliates RML Distribution Domestic, LLC, Armored Car Productions, LLC, and DR Productions, LLC, collectively 'Relativity') and Mr. Ryan Kavanaugh against Netflix, Inc. The dispute arose from Netflix's refusal to execute 'Date Extension Amendments' related to a License Agreement, prompting Relativity to seek relief under Section 1142 of the Bankruptcy Code. The Court previously ruled that Netflix was barred by res judicata and judicial estoppel from asserting its claimed contractual rights to distribute films before theatrical release. In this opinion, the Court determined that Relativity was the 'prevailing party' under California Civil Code Section 1717 and the License Agreement's fee provision. Consequently, Relativity is entitled to reimbursement for its own reasonable attorneys' fees and litigation expenses. However, the Court denied Mr. Kavanaugh's request for reimbursement of his counsel's fees and expenses, concluding that he was not a party to the License Agreement and did not meet the exceptions for non-signatories to recover fees. The Court awarded Relativity $818,547.48, comprising $795,732.50 in attorneys’ fees and $22,814.98 in litigation expenses, against Netflix.

Attorneys FeesLitigation ExpensesContract LawCalifornia Civil Code Section 1717Bankruptcy Code Section 1142Prevailing PartyLodestar MethodHourly RatesJudicial EstoppelRes Judicata
References
85
Case No. 03-14-00397-CV
Regular Panel Decision
Jan 15, 2015

American Multi-Cinema, Inc.// Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas v. Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas// Cross-Appellee, American Multi-Cinema, Inc.

This case is an appeal concerning whether American Multi-Cinema, Inc. (AMC) sells 'goods' when exhibiting movies, impacting its eligibility for a cost-of-goods-sold deduction under Texas franchise tax law. The Cross-Appellants (Comptroller and Attorney General) contend that AMC sells intangible property (a license), an experience, or a service, none of which qualify as 'goods' as defined by the Texas Tax Code. They argue that AMC does not produce films, but merely exhibits them, thus not meeting the criteria for the deduction. The brief also addresses the applicability of 2007 and 2013 amendments to the franchise tax statute, asserting they are not retroactive to the 2008 and 2009 tax years at issue. The Cross-Appellants seek to reverse the trial court's decision that AMC is entitled to the deduction.

Franchise TaxCost of Goods SoldTexas Tax CodeMovie ExhibitionIntangible PropertyServicesTax DeductionStatutory InterpretationAppellate LawTax Law
References
20
Case No. 2018 NY Slip Op 03795 [161 AD3d 1478]
Regular Panel Decision
May 24, 2018

Matter of Attorneys In Violation of Judiciary Law § 468-a. (Ettelson)

Julie Ann Ettelson, now known as Julie A. Laczkowski, was suspended from practicing law in 2009 due to noncompliance with attorney registration requirements under Judiciary Law § 468-a. She filed a motion for reinstatement in April 2018, which was reviewed by the Attorney Grievance Committee. The Committee provided findings and deferred to the Court's discretion. The Appellate Division, Third Department, found that the respondent met all requirements for reinstatement, including completing the Multistate Professional Responsibility Examination, maintaining current registration, and demonstrating good character and fitness. The Court also determined that her reinstatement would serve the public interest. Consequently, the Court granted her motion and reinstated her as an attorney.

Attorney ReinstatementProfessional MisconductJudiciary LawAttorney Grievance CommitteeAppellate DivisionAttorney RegistrationDisciplinary ProceedingsLegal EthicsSuspension of AttorneyCharacter and Fitness
References
11
Case No. MISSING
Regular Panel Decision

Attorney General of the State v. Johnson

The Attorney General appealed a judgment awarding Johnson attorney's fees and court costs after a trial court found the Attorney General's fraud claim against Johnson, regarding worker's compensation benefits, to be frivolous. The Attorney General argued that article 8307, section 9a exempted his agency from liability under Chapter 105, that the trial court applied an incorrect legal standard, and that Johnson's motion for fees did not comply with section 105.003. The appellate court affirmed the trial court's judgment, ruling that Chapter 105 is applicable to the Attorney General, that the claim lacked arguable basis as Johnson's form did not inquire about other employment and continuous work during benefits was not wrongful, and that Johnson's motion was timely and procedurally compliant.

Attorney's FeesFrivolous ClaimsWorker's Compensation FraudAppellate ReviewAbuse of DiscretionStatutory InterpretationFraudulent ConcealmentTrial Court Judgment AffirmedLitigation ExpensesState Agency Liability
References
5
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