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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

McDonald v. City of New York

The plaintiff sustained personal injuries while working on a dry dock at the Brooklyn Navy Yard. The Supreme Court initially denied the defendants' motions for summary judgment, asserting the case did not fall under admiralty jurisdiction. On appeal, the higher court reversed this finding, concluding that a maritime nexus and situs existed, thus invoking substantive maritime law. This preemption by federal maritime law rendered the strict liability provisions of New York Labor Law §§ 240 and 241 inapplicable. Consequently, the appellate court granted the defendants' motions to dismiss claims based on these labor laws, while affirming the denial of dismissal for claims under common law negligence and Labor Law § 200.

Admiralty JurisdictionMaritime LawLabor LawPreemptionPersonal InjuryDry DockSummary JudgmentAppellate CourtNew YorkNegligence
References
18
Case No. 05-17-00423-CV
Regular Panel Decision
Dec 31, 2018

Linda Dickens and Dickens Law, LLC v. Jason C. Webster, P.C. D/B/A the Webster Law Firm and Jason Webster

This case concerns a dispute between two lawyers, Linda Dickens and Jason C. Webster, over an alleged contingency fee sharing agreement in a wrongful death case. Webster sought a declaration that the agreement was unenforceable under Texas law, while Dickens counterclaimed for tortious interference and breach of contract, arguing Kansas law should apply. The trial court dismissed Dickens’s tortious interference claim under the TCPA and granted summary judgment to Webster. On appeal, the court reversed the dismissal of Dickens's tortious interference claim, finding sufficient evidence, but affirmed that Texas law applies and the fee sharing agreement is unenforceable due to a lack of written client consent as required by Texas Disciplinary Rules. The case is remanded for further proceedings on the tortious interference claim.

Fee Sharing AgreementTortious InterferenceTexas Citizens Participation ActCommercial Speech ExemptionChoice of LawProfessional Conduct RulesContingency FeesLegal EthicsSummary JudgmentAppellate Review
References
40
Case No. MISSING
Regular Panel Decision

Munusamy v. McClelland Engineers, Inc.

This Memorandum Order addresses three consolidated maritime death and injury cases brought by foreign plaintiffs against American and foreign defendants. The defendants sought dismissal under the doctrine of forum non conveniens, asserting that foreign law should apply due to insufficient connections with the U.S. The court, presided over by Judge Joe J. Fisher, meticulously examined jurisdictional bases, choice of law principles (including the Lauritzen-Romero-Rhoditis factors), and both public and private interests relevant to a forum non conveniens dismissal. Emphasizing the "equality of treatment to all seamen" mandated by the Shipowners' Liability (Sick and Injured Seamen) Convention, the court ultimately denied the defendants' motions to dismiss, concluding that such dismissal would contradict federal maritime law. The court decided to defer the choice of law determination until evidence on the merits had been presented.

Maritime LawForum Non ConveniensChoice of LawJones ActDeath on the High Seas ActAdmiralty JurisdictionInternational LitigationSeamen's RightsFederal JurisdictionForeign Plaintiffs
References
20
Case No. 02 CV 7106(RPP)
Regular Panel Decision
Apr 25, 2003

In Re Millenium Seacarriers, Inc.

This case concerns an appeal by Assuranceforeningen Skuld (Skuld) from a Bankruptcy Court order. Skuld sought to establish a priority maritime lien for unpaid insurance premiums against vessels of Millenium Seacarriers, Inc., which was in Chapter 11 bankruptcy. The Bankruptcy Court denied Skuld's motion for summary judgment and granted summary judgment to the Foreign Mortgagees (Allfirst Bank and Wayland Investment Funds, L.L.C.), ruling that Norwegian law, stipulated in Skuld's insurance contract, did not recognize such a lien. The District Court affirmed this decision, holding that federal choice of law principles dictate the enforcement of the choice of law provision in the international insurance agreement, leading to the application of Norwegian law where no such maritime lien exists.

Maritime LawChoice of LawForum Selection ClauseInternational ContractBankruptcy AppealSummary JudgmentAdmiralty LawShip MortgagePreferred Maritime LienInsurance Premiums
References
13
Case No. 01 Civ. 6600(RLC)
Regular Panel Decision

Internet Law Library, Inc. v. Southridge Capital Management, LLC

Internet Law Library, Inc. and Hunter M.A. Carr (Internet Law) moved to consolidate two separate legal actions and sought designation as the plaintiff in the combined litigation. Cootes Drive LLC and other entities (Cootes Drive) opposed Internet Law's plaintiff designation but did not object to consolidation itself. The first action, initiated by Internet Law in Texas, alleged securities law violations and fraud by Cootes Drive regarding a Stock Purchase Agreement. The second action, filed by Cootes Drive in New York, accused Internet Law of breaching the same agreement and committing fraud. The Texas court subsequently transferred Internet Law's action to New York for potential consolidation. The court, finding common legal and factual questions and minimal risks of confusion or prejudice, granted the consolidation. Additionally, the court designated Internet Law as the plaintiff and *sua sponte* consolidated a third related case, *Brewer, et al. v. Southridge Capital Management LLC, et al.*

Consolidation of actionsRule 42(a) F.R. Civ. P.Realignment of partiesCompulsory counterclaimForum shoppingFirst-to-file ruleStock Purchase AgreementSecurities fraudBreach of contractJudicial economy
References
27
Case No. 13-01-00119-CV
Regular Panel Decision
Jun 06, 2002

McAllen Police Officer's Union and the City of McAllen, Texas v. Ricardo Tamez, Individually and as President of the McAllen Professional Law Enforcement Association, and McAllen Professional Law Enforcement Association

The City of McAllen and the McAllen Police Officers Union (appellants) appealed a district court order compelling an election to determine the exclusive bargaining agent for the city's police officers. The Thirteenth District Court of Appeals in Texas reversed the trial court's decision. The appellate court held that selection by petition is a proper method for designating a bargaining agent and found no evidence of coercion in the petition's circulation. It further concluded that the appellees, Ricardo Tamez and the McAllen Professional Law Enforcement Association, failed to provide 'substantial support' to warrant an election, thus denying their requests for a declaratory judgment and a writ of mandamus.

Collective BargainingPolice UnionLabor LawElectionPetitionSupervisor InfluenceMajority RepresentationTexas Local Government CodeNational Labor Relations ActAppellate Review
References
26
Case No. 03-97-00478-CV
Regular Panel Decision
Feb 04, 1999

A. James Lynn v. Board of Law Examiners of the State of Texas

A. James Lynn appealed from a trial court judgment that affirmed an order by the Board of Law Examiners of the State of Texas. The Board found that Lynn did not possess the good moral character required for admission to the Bar of Texas, citing his engagement in the unauthorized practice of law, a public reprimand from the Texas State Board of Public Accountancy, and violations of HUD regulations. The Travis County District Court affirmed the Board's order. On appeal, Lynn raised ten issues, including claims regarding the lack of substantial evidence, rational connection of character traits, constitutionality of the unauthorized practice of law statute, res judicata, right to a jury trial, and due process. The Court of Appeals, Third District, at Austin, overruled all of Lynn's issues, finding that substantial evidence supported the Board's findings and that there was a clear and rational connection between Lynn's character traits and his fitness to practice law. The court affirmed the trial court's judgment.

Bar AdmissionMoral CharacterUnauthorized Practice of LawProfessional MisconductCertified Public AccountantHUD RegulationsAppellate ReviewSubstantial EvidenceDue ProcessRes Judicata
References
18
Case No. MISSING
Regular Panel Decision

Cammon v. City of New York

Willie Gammon, a foreman dock builder, was injured while repairing a pier in New York City and sought compensation under New York Labor Law §§ 200, 240 (1), and 241 (6) against the City of New York and Anjac Enterprises, Inc. The central issue was whether Federal maritime law preempts these State Labor Laws. The Supreme Court initially dismissed the complaint, but the Appellate Division reversed, reinstating the Labor Law claims. The Court of Appeals affirmed the Appellate Division's decision, concluding that under the circumstances, the plaintiff's Labor Law claims were not preempted by Federal maritime law, emphasizing the "maritime but local" exception and New York's strong interest in worker protection. The court noted that strict liability is not entirely antithetical to Federal maritime law and that local regulations governing landowner/contractor liability do not unduly interfere with maritime commerce or uniformity.

Maritime LawFederal PreemptionNew York Labor LawStrict LiabilityWorkers' CompensationLongshore and Harbor Workers’ Compensation ActAdmiralty JurisdictionPier RepairConstruction Worker InjuryState Police Powers
References
23
Case No. 15-24-00097-CV
Regular Panel Decision
Aug 27, 2024

Randall Law v. Texas Department of Insurance – Division of Workers' Compensation Subsequent Injury Fund, Jeff Nelson, Kara MacE, and Blaise Gerstenlauer

Appellant Randal Law, a catastrophically injured worker receiving lifetime income benefits from the Subsequent Injury Fund, appeals a decision from the 353rd Civil District Court of Travis County, Texas. The District Court granted the defendants' Plea to the Jurisdiction, dismissing Law's claims without prejudice. Law argues that manager Blaise Gerstenlauer acted with "Severe Ultra Vires conduct" by unilaterally interrupting his lifetime income benefits, which are protected by the Texas Labor Code from legal process and are paid until the employee's death. Law contends that this ultra vires act bypasses sovereign immunity, allowing his case to proceed in the Texas Judicial Review System. The brief requests the Fifteenth Court of Appeals to reverse the lower court's order and grant jurisdiction to Law.

Workers' CompensationLifetime Income BenefitsSubsequent Injury FundUltra Vires ActSovereign ImmunityPlea to JurisdictionAppellate CourtInjunctive ReliefCatastrophic InjuryTexas Labor Code
References
2
Case No. MISSING
Regular Panel Decision

Konopczynski v. Adf Constr. Corp.

Plaintiff brought a Labor Law and common-law negligence action for injuries sustained after tripping in a floor depression at a worksite. The Supreme Court initially granted the defendant's motion for summary judgment, dismissing the complaint. On appeal, the order was modified. The appellate court affirmed the dismissal of the Labor Law § 241 (6) claim, agreeing that the floor depressions were an integral part of the construction. However, the court reinstated the Labor Law § 200 and common-law negligence claims, finding that the defendant failed to prove a lack of constructive notice regarding the hazardous conditions, despite the open and obvious nature of the depression.

Personal InjuryWorkplace AccidentTripping HazardSummary JudgmentPremises LiabilityConstructive NoticeComparative FaultLabor Law § 200Labor Law § 241(6)Common-Law Negligence
References
6
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