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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

Government Employees Insurance v. Uptown Health Care Management, Inc.

Plaintiffs GEICO allege a scheme where defendants, including Uptown Health Care Management d/b/a East Tremont, Hisham Elzanaty, Alan Goldenberg, Dr. Hisham Ahmed, and Dr. Jadwiga Pawlowski, fraudulently billed GEICO for millions in services. GEICO contends East Tremont was ineligible for reimbursement under New York's no-fault insurance laws, operating without a legitimate medical director, violating its operating certificate, and paying kickbacks for referrals. The complaint raises six causes of action, including declaratory judgment, RICO violations (18 U.S.C. §§ 1962(c), 1962(d)), common law fraud, aiding and abetting fraud, and unjust enrichment. Defendants moved to dismiss under Rule 12(b)(1) for Burford abstention and Rule 12(b)(6) for failure to state a claim, arguing GEICO's claims would invalidate a DOH license and interfere with state oversight. Citing the similar Allstate Ins. v. Elzanaty action, the court denied defendants' motions, affirming that insurers can challenge fraudulent licensing and conduct under RICO and fraud claims, even if state authorities have approved the facility. The court concluded that such claims do not disrupt New York's regulatory scheme and need not be raised exclusively with the DOH or through an Article 78 proceeding.

Insurance FraudNo-Fault InsuranceRICO ActMedical LicensingHealthcare FraudAbstention DoctrineRule 12(b)(1) MotionRule 12(b)(6) MotionArticle 28 FacilitiesKickbacks
References
21
Case No. 04-06-00417-CV
Regular Panel Decision
Jun 25, 2008

Sylvia Casas, Ind. Substantively Consolidated Bankruptcy Estates of Fountain View, Inc. as Successor to Summit Care Corporation, Summit Care Texas, L.P. D/B/A Comanche Trail Nursing Center and Summit Care Management Texas and Robert Gundling, Ind. v. Rosamarie Paradez, as the Administrator and Heir at Law of the Estate of Tranquilino Mendoza

This case involves a medical malpractice survival action initiated by Rosamarie Paradez, daughter of the deceased Tranquilino Mendoza, against Sylvia Casas, Robert Gundling, and the consolidated bankruptcy estates of Fountain View, Inc. (successor to Summit Care Corp. and Summit Care Texas, L.P., operators of Comanche Trail Nursing Center). Mendoza, an 81-year-old nursing home resident, suffered severe injuries after being beaten by a violent roommate, allegedly due to the appellants' negligence. The appellants challenged various aspects of the trial court's judgment, including the denial of new trial motions, sufficiency of damages, excessive awards, and the application of damages caps. The appellate court affirmed the trial court's judgment, upholding the damages awarded for pain, mental anguish, and physical impairment, and finding no error in the application of the damages cap or the finding of negligence against Gundling.

Medical MalpracticeNursing Home NegligencePersonal InjurySurvival ActionAppellate ReviewJury ArgumentDamages CapFactual SufficiencyMental AnguishPhysical Impairment
References
35
Case No. MISSING
Regular Panel Decision
Apr 27, 2012

China Auto Care, LLC v. China Auto Care (Caymans)

Plaintiffs China Auto Care, LLC and China Auto Care Holdings, LLC brought an action against China Auto Care (Caymans), Digisec Corporation, and the estate of Chander Oberoi, alleging various causes of action stemming from the 2011 sale of Digisec's assets. Defendants sought to dismiss the complaint and compel arbitration, citing an arbitration clause in the parties' "Business Relationship and Shareholder Agreement." The court analyzed the scope of the arbitration clause under the Federal Arbitration Act. Finding the clause to be broad, the court concluded that the plaintiffs' claims were within its scope, as they "touch matters" governed by the Shareholder Agreement. Consequently, the court granted the defendants' motion, staying the litigation and compelling arbitration.

ArbitrationShareholder AgreementCorporate DisputeMotion to CompelFederal Arbitration ActSecond Circuit PrecedentFraudulent InducementCorporate GovernanceCayman Islands LawStay of Proceedings
References
25
Case No. MISSING
Regular Panel Decision
Mar 03, 2008

Texas Mutual Insurance Co. v. Sara Care Child Care Center, Inc.

Texas Mutual Insurance Company appealed two summary judgment orders and a final judgment in favor of its insured, Sara Care Child Care Center, Inc., and employee Martha Martinez. The core issue was whether Sara Care's workers' compensation policy was extended due to Texas Mutual's alleged failure to comply with statutory cancellation notice requirements, thus covering Ms. Martinez's injury. The Workers' Compensation Commission Appeals Panel and the trial court affirmed coverage. The appellate court affirmed the trial court's judgment regarding judicial review of the Appeals Panel decision, Sara Care's common law claims (breach of contract, promissory estoppel), and the attorney's fee award. However, the court reversed and remanded the trial court's judgment on Sara Care's statutory claims (Texas Insurance Code and Texas Deceptive Trade Practices Act) and the 'knowingly' finding, stating a fact issue remained on whether coverage liability was 'reasonably clear' for these claims.

Workers' Compensation InsurancePolicy NonrenewalStatutory Notice RequirementsSummary Judgment ReviewAppellate Court DecisionBreach of ContractTexas Insurance Code ViolationsDTPA ViolationsAttorney's FeesJudicial Review
References
30
Case No. 08-08-00192-CV
Regular Panel Decision
Sep 15, 2010

Texas Mutual Insurance Company v. Sara Care Child Care Inc. and Martha Martinez

This case involves an appeal by Texas Mutual Insurance Company (TMI) against Sara Care Child Care Center, Inc. and Martha Martinez, challenging summary judgment orders and a final judgment. The core dispute revolves around workers' compensation insurance coverage for an employee's work-related injury, which TMI denied based on policy expiration. The appeals panel and trial court found TMI liable due to its failure to comply with Texas Labor Code Section 406.008 notice requirements for policy cancellation or nonrenewal, extending Sara Care's coverage. The appellate court affirmed the trial court's decision regarding TMI's judicial review petition and its liability for common law claims and attorney's fees. However, the court reversed and remanded the judgment concerning Sara Care's statutory claims under the Texas Insurance Code and the Deceptive Trade Practices Act, as a fact issue remained regarding whether TMI's coverage liability was "reasonably clear," impacting the "knowingly" finding for additional damages.

Workers' Compensation InsurancePolicy NonrenewalSummary Judgment AppealTexas Labor CodeTexas Insurance CodeDeceptive Trade Practices Act (DTPA)Breach of ContractPromissory EstoppelAttorney's FeesJudicial Review
References
30
Case No. MISSING
Regular Panel Decision

Tuttle v. Housing Opportunities Management & Essential Services, Inc.

The plaintiff, a 30-year-old man diagnosed with retardation, suffered severe burns from an assault by a friend in his apartment. He resided in an intensive supportive apartment provided by Housing Opportunities Management and Essential Services, Inc. (H.O.M.E.S.), a non-profit organization offering housing for individuals with psychiatric or developmental conditions within a state-authorized community living program. While H.O.M.E.S. staff and other therapists had approved his move to this less restrictive setting, concerns arose regarding friends taking advantage of him, leading H.O.M.E.S. to initiate a discharge process for him to move to a more supervised environment, which was not completed before the incident. The court deliberated on whether H.O.M.E.S. owed a duty to protect the plaintiff from a third party's criminal acts. Citing Mental Hygiene Law and various precedents, the court concluded that H.O.M.E.S. had no such special duty, emphasizing that the community care system prioritizes individual liberties and the assault by the friend was not reasonably foreseeable. Consequently, the motion to dismiss the complaint was granted.

Community HousingDevelopmental DisabilitiesPsychiatric ConditionsNegligenceDuty of CareForeseeabilityThird-Party Criminal ActsMental Hygiene LawCommunity Care SystemResidential Programs
References
10
Case No. 13-00-313-CV
Regular Panel Decision
Nov 21, 2001

Montemayor, Rolando v. Chapa, Rolando, U.S.A., Waste-Management Resources, LLC, and Waste-Management of Texas, Inc., F/D/A U.S.A. Waste of Texas, Inc.

Rolando Montemayor, a temporary employee assigned to Waste Management, was injured in an automobile accident and received worker's compensation benefits through his general employer, Express Personnel Services. He subsequently sued Waste Management and its employee, Rolando Chapa, for negligence. The trial court granted summary judgment for the defendants, citing the borrowed servant and fellow servant doctrines, which bar common-law claims under the Texas Worker's Compensation Act's exclusive remedy provision. The Court of Appeals affirmed this decision, finding that Waste Management had the right of control over Montemayor, making him a borrowed servant, and Chapa a co-employee, thus upholding the summary judgment.

worker's compensationsummary judgmentborrowed servant doctrinefellow servant doctrinerespondeat superiortemporary employmentexclusive remedyTexas lawappellate reviewnegligence
References
18
Case No. 03-02-00611-CV
Regular Panel Decision
Jun 05, 2003

Texas Building Owners and Managers Association, Inc. Building Owners and Managers Association International Tanglewood Property Management Company Emissary Group 5599 San Felipe, Ltd. And the Real Access Alliance v. the Public Utility Commission of Texas and the State of Texas

This case concerns the scope of the Public Utility Commission's power to enforce the Building Access Statutes (Texas Utilities Code §§ 54.259-.261). Appellants, consisting of property management organizations and trade groups, sued the Commission, seeking a declaratory judgment that the Statutes are unconstitutional on their face and a permanent injunction. They argued the statutes cause a taking of their property without adequate compensation and that the Commission lacks delegated power to determine compensation. The district court declared the Statutes facially constitutional and denied injunctive relief. The Court of Appeals affirmed the judgment, holding that the legislature constitutionally delegated to the Commission the power to determine 'reasonable' and 'nondiscriminatory' compensation, providing sufficient guidance and an adequate process for obtaining compensation.

Telecommunications regulationPublic Utility CommissionBuilding Access StatutesConstitutional lawTakings clauseDelegation of powerProperty rightsTelecommunications utilitiesCompetitive marketplaceFacial unconstitutionality
References
30
Case No. MISSING
Regular Panel Decision

Texas Home Management, Inc. v. Peavy

Justice HECHT dissents from the majority's decision, which imposes liability on Texas Home Management, Inc. (THM), an intermediate care facility, for the actions of Anthony Tyrone Dixon, a mentally retarded juvenile delinquent who killed Elizabeth Ann Peavy. Dixon was placed at Lakewood House, operated by THM, under the State's habilitation policy. HECHT argues that the Court's ruling wrongly forces liability on private care providers for risks they cannot be compensated for, thereby undermining state policy. The dissent highlights that THM had no legal means to confine Dixon, adhering to regulations for 'least restrictive habilitation setting' and allowing 'therapeutic visits'. HECHT contends that THM's only 'control' was to continue habilitation or return Dixon to the penal system, and it should not be held responsible for the tragic outcome while following state directives.

Mentally Retarded DelinquentsIntermediate Care FacilitiesState LiabilityPrivate Provider LiabilityHabilitation PolicyDissenting OpinionSummary JudgmentDuty of CareControl of ResidentsGovernmental Regulations
References
5
Case No. 14-07-00925-CV
Regular Panel Decision
Feb 24, 2009

Latoya Basey v. Davita Inc., D/B/A Total Renal Care, Nelda Boatwright and Fresenius Medical Care Holding Inc., D/B/A Fresenius Medical Care North America D/B/A Northwest Houston Dialysis, and Biomedical Applications of Texas, Inc.

Latoya Basey appealed a take-nothing summary judgment in a disability discrimination and tort case against her former employer, DaVita, Inc., and potential employer, Fresenius Medical Care Holding, Inc. Basey claimed DaVita fired her after a work-related back injury and that Fresenius refused to hire her due to her injury and prior discrimination charge. The trial court granted summary judgment without specifying grounds. The appellate court affirmed, finding Basey failed to provide evidence of disability for her discrimination and failure-to-accommodate claims, and lacked evidence of causation for her retaliation claims.

Disability DiscriminationRetaliationSummary JudgmentWorkers' CompensationEmployment LawCausal LinkTexas Court of AppealsADAFailure to AccommodateEmployment Termination
References
11
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