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

Case No. 03-01-00491-CV
Regular Panel Decision
Apr 11, 2002

West Orange-Cove Consolidated Independent School District Coppell Independent School District La Porte Independent School District And Port Neches-Groves Independent School District v. Felipe Alanis, Texas Commissioner of Education The Texas Education Agency Carol Keeton Rylander, Texas Comptroller of Public Accounts And the Texas State Board of Education Alvarado I.S.D. Anthony I.S.D. Aubrey I.S.D. Bangs I.S.D.

Four Texas school districts, led by West Orange-Cove Consolidated Independent School District, appealed the dismissal of their action seeking a declaratory judgment that the state's school finance system is unconstitutional. The districts contended that the $1.50 tax cap had become a de facto floor, forcing them to tax at the maximum allowable rate to provide education, thereby constituting an unconstitutional state ad valorem tax. The appellate court affirmed the dismissal, ruling that the districts failed to state a viable cause of action because they did not allege they were forced to tax at the cap specifically to provide the constitutionally-mandated 'accredited education.' The court also found the claim unripe, emphasizing that the focus should be on whether the state's requirements forced a lack of meaningful discretion in setting tax rates for an accredited education, not on a desired level of education or the number of districts taxing at the cap.

School Finance ReformConstitutional ChallengeAd Valorem TaxationEducation FundingDeclaratory JudgmentAppellate JurisdictionRipeness DoctrineTexas Constitution Article VII, Section 1Texas Constitution Article VIII, Section 1-eProperty Tax Cap
References
30
Case No. NO. 02-11-00285-CV
Regular Panel Decision
May 24, 2012

Gregory Earl Reed D/B/A Hit City Records & Tapes v. County of Tarrant, Tarrant County Hospital District, Tarrant County Community College District, City of Forest Hill, and Fort Worth Independent School District

Appellant Gregory Earl Reed d/b/a Hit City Records & Tapes appealed the trial court’s denial of his equitable bill of review. The bill challenged a default judgment for delinquent property taxes, tax lien foreclosure, and a tax-foreclosure sale obtained by Appellees. Reed contended that he and Ronald Reed, the registered agent, were not properly served, and even if served, it was ineffective as Ronald was no longer a partner. The Court of Appeals affirmed the trial court's decision, concluding that service upon Ronald was effective because the filed deed showed him as a partner, and there was no indication to Appellees that their notice had failed, thus no due process violation.

Equitable Bill of ReviewDefault JudgmentDelinquent Property TaxesTax Lien ForeclosureTax Foreclosure SaleService of ProcessDue ProcessPartnership LawAd Valorem TaxesSufficiency of Evidence
References
22
Case No. 03-98-00533-CV
Regular Panel Decision
Jul 15, 1999

Carole Keeton Rylander, Comptroller of Public Accounts of the State of Texas And John Cornyn, Attorney General of the State of Texas v. 3 Beall Brothers 3, Inc.

3 Beall Brothers 3, Inc. (Bealls), a fiscal year taxpayer, sued the Comptroller for a refund of an "additional tax" after its merger, claiming the tax was unconstitutional as it resulted in fiscal year taxpayers paying tax on earned surplus over a longer period than calendar year taxpayers upon ceasing business. The district court sided with Bealls. However, the Texas Court of Appeals reversed this decision, upholding the constitutionality of the additional tax. The court found the tax rationally related to legitimate state purposes of revenue generation and mitigating fiscal effects of corporate reorganizations, and it did not violate equal protection, equal and uniform taxation, or the federal commerce clause. The court determined the tax applied even-handedly based on previously untaxed earned surplus and Bealls had a substantial nexus with Texas.

Franchise TaxAdditional TaxConstitutional LawEqual ProtectionCommerce ClauseTaxationFiscal YearCalendar YearCorporate ReorganizationEarned Surplus
References
36
Case No. MISSING
Regular Panel Decision

Manolov v. Borough of Manhattan Community College

Plaintiff Alex Manalov, a former nursing student at Borough of Manhattan Community College (BMCC), filed a pro se action alleging race and gender discrimination, violations of his Fourteenth Amendment due process rights, breach of contract, and negligent supervision by BMCC professors. Manalov claimed his professors inadequately prepared students, treated him unfairly, and discriminated against white males, leading to his failure in exams and withdrawal from the nursing program. BMCC moved to dismiss the complaint. Magistrate Judge Frank Maas recommended granting the motion, finding insufficient factual basis for discrimination claims and no deprivation of a cognizable property or liberty interest for the due process claim. The District Court adopted the Magistrate Judge's report in its entirety and granted BMCC's motion to dismiss.

Academic discriminationGender discriminationRace discriminationDue ProcessFourteenth AmendmentBreach of contractNegligent supervisionMotion to dismissHigher educationNursing program
References
49
Case No. 13-24-00035-CV
Regular Panel Decision
Dec 05, 2024

International Brotherhood of Electrical Workers, Local 278, Eduardo Rodriguez, Esteban J. Cavazos, Jerry Castillo, David L. Mays Jr., Avery Santos, Andrew Sitterly Jr., Miguel F. Carranco, Michael De La Cruz, Hector Carrillo, David Roberts, Ronnie Flores, Connor Hamilton, Israel Lopez, Chris Hernandez, Christian Sanchez, and Jose A. Martinez v. Corpus Christi Independent School District

This case concerns an appeal by the International Brotherhood of Electrical Workers, Local 278, and several individual workers (Appellants) against the Corpus Christi Independent School District and its Board of Trustees (Appellees). Appellants challenged the Appellees' prevailing wage rate determination, arguing it violated Chapter 2258 of the Texas Government Code. The trial court initially granted summary judgment in favor of the Appellees. On appeal, the Thirteenth District of Texas Court of Appeals affirmed in part and reversed and remanded in part, concluding that the individual workers had taxpayer standing, but finding a fact issue existed as to whether the Board of Trustees' wage rate survey complied with statutory requirements, specifically regarding its geographical scope and reliance on outsourced data.

Workers' RightsPrevailing WageGovernment CodeUltra ViresSummary JudgmentStandingTaxpayer StandingPolitical SubdivisionPublic WorksTexas Law
References
39
Case No. ADJ6937463
Regular
Jan 16, 2015

DELIA MELENDEZ vs. VICTOR VALLEY COMMUNITY COLLEGE DISTRICT, PIPS

The Workers' Compensation Appeals Board (WCAB) reconsidered two decisions regarding applicant Delia Melendez's claims against Victor Valley Community College District. The WCAB rescinded the Findings and Order in Case No. ADJ6937463 to correctly identify the cumulative injury period and injured body parts, finding applicant sustained industrial injury to her psyche from January 5, 2009, through July 20, 2009. However, the WCAB affirmed the WCJ's determination that this psychiatric injury claim is barred by Labor Code section 3208.3(h) because it was substantially caused by a lawful, good-faith personnel action. Consequently, the WCAB affirmed the WCJ's denial of benefits for all alleged injuries in both cases.

AOE/COEpsychiatric injurycumulative traumaLabor Code section 3208.3(h)personnel actionreconsiderationrescindedaffirmedmedical treatmenttemporary disability
References
0
Case No. 2019 NY Slip Op 02881 [171 AD3d 1071]
Regular Panel Decision
Apr 17, 2019

Matter of Outhouse v. Cortlandt Community Volunteer Ambulance Corps, Inc.

Angela Outhouse, an emergency medical technician, initiated a CPLR article 78 proceeding to compel Cortlandt Community Volunteer Ambulance Corps, Inc. (Volunteer Ambulance) to produce records under the Freedom of Information Law (FOIL). Outhouse sought records related to the rejection of her reinstatement application. Volunteer Ambulance contended it was not an "agency" subject to FOIL. The Supreme Court, Westchester County, initially granted Outhouse's petition. However, the Appellate Division, Second Department, reversed this decision, finding that Volunteer Ambulance, despite contracting with a town district for services, does not meet the criteria of a governmental entity performing a governmental function under Public Officers Law § 86 (3), and therefore is not an agency subject to FOIL. The proceeding was dismissed.

Freedom of Information Law (FOIL)CPLR article 78Agency DefinitionNot-for-Profit CorporationGovernmental FunctionPublic Officers LawVolunteer Ambulance CorpsRecord ProductionAppellate ReviewReversal
References
7
Case No. No. 22-0620
Regular Panel Decision
Jun 21, 2024

Texas Disposal Systems Landfill, Inc. v. Travis Central Appraisal District, by and Through Marya Crigler, Acting in Her Official Capacity as Chief Appraiser of Travis Central Appraisal District

The dissenting opinion in Texas Disposal Systems Landfill, Inc. v. Travis Central Appraisal District challenges the majority's interpretation of Texas Tax Code Section 42.02(a)(1) regarding property tax appraisal appeals. Justice Boyd argues that limitations on such appeals are jurisdictional and that a district court's review of an appraisal review board order should not be confined solely to the grounds raised in the property owner's initial protest. The dissent asserts that the Tax Code and Texas Constitution mandate that appraised values must reflect both "equal and uniform" taxation and the property's "market value," and therefore, the district court should be able to address market value even if not initially protested. The dissent concurs with the majority's decision to affirm the court of appeals' judgment but disagrees with the prohibition on the district court addressing the market-value issue on remand. Consequently, Justice Boyd respectfully dissents in part.

Property TaxAppraisal LawJurisdictional LimitsMarket ValueEqual and Uniform TaxationDe Novo ReviewAdministrative RemediesTexas Tax CodeTexas ConstitutionJudicial Review
References
23
Case No. 03-15-00744-CV
Regular Panel Decision
Jul 08, 2016

Chambers-Liberty Counties Navigation District v. State

The Chambers-Liberty Counties Navigation District and its Commissioners appealed a trial court's denial of their plea to the jurisdiction and Rule 91a motion to dismiss. The State of Texas sued them, alleging they unlawfully authorized Sustainable Texas Oyster Resource Management, L.L.C. (STORM) to cultivate and harvest oysters in state waters. The appellate court found that sections 12.301 and 12.303 of the Texas Parks & Wildlife Code provided an express statutory waiver of immunity for the District regarding claims of unlawfully possessing oysters. However, the court reversed the trial court's order concerning the State's ultra vires claim against the District, as such claims must be brought against individual officials, not the governmental unit itself. The court affirmed the ultra vires claim against the Commissioners, finding they exceeded their statutory authority by granting STORM rights related to oysters, an authority vested solely in the Texas Parks and Wildlife Department. The court also rejected the ripeness argument, stating the claim was not hypothetical.

Sovereign ImmunityUltra ViresNavigation DistrictsOyster CultivationTexas Water CodeTexas Parks & Wildlife CodeGovernmental AuthorityStatutory InterpretationPlea to JurisdictionRule 91a Motion to Dismiss
References
56
Case No. 3-93-672-CV
Regular Panel Decision
Oct 12, 1994

Employers Casualty Company Focus Healthcare Management, Inc. Genesys Cost Management Systems, Inc. Corporate Systems, Ltd. Employers National Risk Management Services, Inc. And Havis Wayne Dortch v. Texas Association of School Boards Workers' Compensation Self Insurance Fund El Paso I.S.D. Irving I.S.D. Hico I.S.D. And Aransas Pass I.S.D.

This is an interlocutory appeal from a district court order granting class certification. The Texas Association of School Boards Workers' Compensation Self-Insurance Fund and several independent school districts (appellees) sued Employers Casualty Company and other entities (appellants) alleging misrepresentation and breach-of-contract related to workers' compensation benefits and medical cost containment services. Appellants raised seven points of error regarding standing, the certification hearing, and the requirements of Texas Rule of Civil Procedure 42. The Court of Appeals affirmed the district court's order, finding that the Fund had standing, the class certification hearing was proper, and the class satisfied the prerequisites and maintenance criteria of Rule 42, particularly under Rule 42(b)(4) for predominance and superiority of common issues.

Class ActionClass CertificationInterlocutory AppealStandingNumerosityCommonalityTypicalityRepresentativenessRule 42Predominance
References
22
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