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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

Atlantic Casualty Insurance v. Value Waterproofing, Inc.

Atlantic Casualty Insurance Company sought a declaratory judgment that it had no duty to defend or indemnify Value Waterproofing, Inc. in an underlying breach of contract and negligence lawsuit. Value counterclaimed, requesting a declaration that Atlantic Casualty was required to defend and indemnify. The court granted Atlantic Casualty's request, finding that Value failed to provide timely notice of the claim, thereby prejudicing Atlantic Casualty's investigation capabilities. Additionally, the court ruled that Value's work on a commercial property was not covered by its residential-only roofing insurance policy, further justifying the denial of coverage.

Insurance disputeBreach of contractNegligenceDeclaratory judgmentTimely noticeCoverage exclusionCommercial General LiabilityResidential roofingPolicy interpretationPrejudice
References
46
Case No. MISSING
Regular Panel Decision

DBL Liquidating Trust v. Clarkson Construction Co. (In Re Drexel Burnham Lambert Group, Inc.)

DBL Liquidating Trust (Drexel) appealed the Bankruptcy Court's denial of summary judgment in a claim filed by Clarkson Construction Company (Clarkson). The core issue was whether Clarkson ratified approximately 3,000 unauthorized trading transactions by failing to object in writing, despite explicit contractual requirements. Clarkson argued that oral assurances from their broker, Thomas Carpenter, stating 'nothing much was going on,' constituted an oral modification or grounds for equitable estoppel. However, the court found no legal basis for these arguments, emphasizing that the Account Agreement mandated written modifications and timely written objections. The court also highlighted that Clarkson's comptroller, authorized to review account statements, never raised any objections to the trades. Consequently, the District Court reversed the Bankruptcy Court's decision, ruling that Clarkson failed to present a triable issue of fact and dismissing Clarkson's claim.

Securities TradingBrokerage ContractSummary JudgmentEquitable EstoppelOral ModificationRatificationCommodity Customer Account AgreementUnauthorized TradingWritten ObjectionCustomer-Broker Relations
References
20
Case No. Docket Entry No. 1
Regular Panel Decision

Equal Employment Opportunity Commission v. Air Liquide USA LLC

The Equal Employment Opportunity Commission (EEOC) brought an action against Air Liquide USA LLC and Air Liquide Industrial, U.S., L.P. on behalf of Jacqueline Ferrel, alleging retaliation in violation of Title VII of the Civil Rights Act of 1964. Ferrel claimed she was terminated after making allegations of sexual harassment against her manager. Air Liquide moved for complete summary judgment, arguing a lack of causal connection and presenting four legitimate, nondiscriminatory reasons for Ferrel's termination: poor attendance and tardiness, scheduling errors, excessive personal phone calls, and inappropriate use of a corporate credit card. The court denied Air Liquide's motion for summary judgment, finding that the EEOC presented sufficient evidence to establish a prima facie case of retaliation, citing temporal proximity between the harassment claim and the termination decision, increased documentation of performance issues post-claim, and changes in Ferrel's work situation. The court also determined that genuine issues of material fact existed regarding whether Air Liquide's stated reasons for termination were merely a pretext for a retaliatory motive, thereby precluding summary judgment. The court also granted in part and denied in part Air Liquide's motion to strike certain evidence.

RetaliationTitle VIISexual HarassmentEmployment DiscriminationSummary JudgmentPretextCausationMcDonnell Douglas FrameworkFifth CircuitHouston District Court
References
0
Case No. MISSING
Regular Panel Decision

Liquidation Trust v. Daimler AG (In Re Old Carco LLC)

This opinion addresses the motion by Daimler AG and its subsidiaries (the "Daimler Entities") to dismiss the First Amended Complaint filed by the Liquidation Trust of Old CarCo LLC. The Trust's complaint alleges that Daimler orchestrated fraudulent conveyances by stripping assets from CarCo through a complex restructuring prior to selling a controlling interest to Cerberus Capital Management LP. Chief Judge Arthur J. Gonzalez concludes that the restructuring and subsequent sale constituted a single integrated transaction, and the complaint failed to adequately account for all value received by CarCo. Consequently, the court dismisses certain constructive fraud claims (Counts I, II, III, IX, X) without prejudice, allowing for repleading to clarify consideration and insolvency, while dismissing intentional fraud claims (Counts V, VI) and one constructive fraud claim (Count IV) with prejudice due to insufficient particularized facts.

Fraudulent ConveyanceMotion to DismissBankruptcy Adversary ProceedingAsset StrippingCorporate RestructuringIntegrated Transaction DoctrineConsideration ValuationInsolvency AnalysisPleading StandardsInsider Preference
References
46
Case No. MISSING
Regular Panel Decision

In re the Liquidation of the Union Indemnity Insurance

The Superintendent of Insurance, as liquidator of Union Indemnity Insurance Company of New York, sought an order to compel Frank B. Hall and Co. of Connecticut, Inc. (Hall) to turn over funds held at First American Bank of New York. These funds originated from a workers' compensation insurance program between Union and the Public Employer Risk Management Association (PERMA), where Hall acted as Union's agent for premium collection and claims administration. Hall and PERMA opposed the application, arguing the program was self-insurance and Union was not entitled to the funds, with PERMA seeking a constructive trust. The court found that the segregated funds, representing unutilized premiums for claims, constituted general assets of Union and were not protected. It further determined that the PERMA-Union agreement was not a self-insurance plan, as Union bore the primary risk and the plan lacked Workers' Compensation Board approval. Consequently, the court granted the liquidator's application, directing Hall to remit the funds.

Insurance LiquidationAgency AgreementPremium FundsGeneral AssetsSelf-InsuranceConstructive TrustInsurance LawSuperintendent of InsuranceThird-Party AdministratorClaims Administration
References
2
Case No. MISSING
Regular Panel Decision

Claim of Korthals v. Valu Home Centers, Inc.

Claimant sustained back injuries in 2003 and 2009 while employed by Valu Home Centers, Inc. and Spectrum Human Services, respectively. A 2009 independent medical examination apportioned liability for her condition across both injuries and prior motor vehicle accidents. After claimant's 2011 back surgery, Spectrum's carrier requested further action, prompting Valu's carrier to seek a liability transfer for the 2003 claim to the Special Fund for Reopened Cases. The Workers’ Compensation Board approved this transfer, ruling no prior request to reopen the 2003 claim existed. The Special Fund appealed, contending the 2009 medical report served as an application to reopen. The court reversed the Board's decision, determining that the medical report submitted in 2009 indeed constituted a timely application to reopen the 2003 claim, thereby preventing liability transfer to the Special Fund.

Workers' Compensation LawSpecial Fund for Reopened CasesLiability ApportionmentClaim ReopeningIndependent Medical ExaminationWorkers' Compensation Board DecisionAppellate ReviewBack InjuryPrior InjurySeven-Year Rule
References
5
Case No. MISSING
Regular Panel Decision
Aug 30, 2006

State ex. rel. Flowers v. Tennessee Trucking Ass'n Self Insurance Group Trust

This appeal involves three members of a workers’ compensation self-insured group trust, Ocoee River Transport, Western Express, Inc., and DCI Transportation, LLC, challenging two trial court orders. The appellants were held in contempt and sanctioned for failing to make periodic payments of assessments as ordered by the court. Additionally, one appellant contested the assessment of the Liquidator’s administrative fees, arguing they were denied the opportunity for discovery regarding the reasonableness and necessity of these fees. The appellate court affirmed the trial court's finding of contempt and the imposition of sanctions. However, the court reversed the decision regarding administrative fees, remanding the issue for further proceedings to allow for appropriate discovery and a determination of the applicability of privilege or work product doctrine to the Liquidator's records.

contemptworkers' compensationself-insured group trustliquidationadministrative feesdiscoverydue processwillfulnesssanctionsappellate review
References
66
Case No. SFO 0444182 SFO 0470385
Regular
Nov 16, 2007

MARK CRUZ vs. WESTLAKE AUTO SERVICE, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION for RELIANCE NATIONAL INSURANCE COMPANY, in liquidation, by INTERCARE INSURANCE SERVICES, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board granted reconsideration and found the State Compensation Insurance Fund liable for 4% of pre-liquidation benefits paid by Reliance and 100% of post-liquidation benefits paid by CIGA. The Board clarified that "workers' compensation benefit payments" encompass temporary disability, permanent disability, and medical treatment but specifically exclude administrative costs such as medical management, copying, and bill review. Therefore, the State Fund is not obligated to reimburse CIGA for these administrative expenses.

CIGAReliance National Insurance CompanyState Compensation Insurance Fundcontributionpermanent disabilitymedical treatmentcumulative traumaspecific injurypre-liquidation paymentspost-liquidation payments
References
6
Case No. MISSING
Regular Panel Decision
Sep 26, 1985

In Re Continental Airlines Corp.

The case concerns Continental Airlines' motion to disallow or estimate at zero value the contract rejection damages claimed by the Air Line Pilots Association (ALPA) following Continental's Chapter 11 bankruptcy filing. Continental had rejected its collective bargaining agreement with ALPA, and ALPA subsequently filed a $408 million claim for damages. The court asserted jurisdiction over the claim, rejecting ALPA's argument for deferral to a specialized tribunal. The court ultimately concluded that ALPA's claim for lost future wages lacked merit because the collective bargaining agreement did not guarantee employment and Continental would have ceased operations regardless. Additionally, the court found ALPA's damage calculations flawed as they extended beyond the contract's termination date. Consequently, the court disallowed ALPA's claim entirely and estimated its value at zero.

BankruptcyContract RejectionCollective Bargaining AgreementAirline IndustryLabor LawDamages EstimationBankruptcy JurisdictionArbitration DeferralRailway Labor ActChapter 11 Reorganization
References
90
Case No. MISSING
Regular Panel Decision

In Re Sumerell

This memorandum opinion addresses Wachovia Bank of South Carolina's objection to the debtors', Craven and Amy Sumerell, claim of exemptions in a Chapter 7 bankruptcy case. Wachovia alleged that the debtors undervalued their personal property and acted in bad faith through prepetition transfers and non-disclosure of assets. The court ruled that "fair market value" is the correct valuation standard for exemptions under Tennessee law, rejecting the debtors' use of "liquidation value," and largely sustained Wachovia's objection regarding household furnishings. However, the court denied Wachovia's request to prevent the debtors from amending their schedules, finding insufficient evidence of bad faith or fraud directly related to the bankruptcy case to justify such a severe penalty. The debtors are consequently ordered to file new exemption schedules based on the court's fair market valuation standards.

BankruptcyChapter 7ExemptionsPersonal Property ValuationFair Market ValueLiquidation ValueBad Faith AllegationsFraudulent TransfersHousehold GoodsAutomobile Transfers
References
63
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