Updated Daily

Case Law Database

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

Case No. 06-01-00090-CR

Regular Panel Decision

Feb 15, 2002

Nancy Renee Wright v. State of Texas

Nancy R. Wright pleaded guilty to possession of cocaine after her punishment range was enhanced by two prior felony convictions, resulting in a five-year imprisonment sentence. On appeal, Wright argued the trial court erred by interrupting her voir dire and commenting on her prior criminal record, which she contended led her to plead guilty instead of not guilty. The appellate court found that Wright failed to preserve the issue for review because she did not object to the trial court's statements during the trial. Therefore, the judgment was affirmed.

Criminal AppealDrug PossessionFelony EnhancementJury Voir DireJudicial CommentPreservation of ErrorAppellate JurisdictionDue ProcessSentencing GuidelinesTexas Law

References

Case No. 533294

Regular Panel Decision

Feb 03, 2022

In the Matter of the Claim of Nancy Strack

Nancy Strack, a school teacher, sustained a left hip fracture and wrist injury after a fall in 2016, leading to a workers' compensation claim. The Workers' Compensation Board initially ruled a 0% schedule loss of use (SLU) for her left leg, overturning a WCLJ's prior 60% SLU finding. This decision was based on physician Douglas Petroski's evaluation, despite concerns that it, like a previous assessment by Richard Saunders, failed to consider updated X-rays as required by the 2018 Workers' Compensation Guidelines for Determining Impairment. Strack appealed the Board's determination. The Appellate Division reversed the Board's decision, concluding that Petroski's medical opinion lacked substantial evidence due to the omission of updated X-rays. The matter was remitted for a proper determination of the SLU award in accordance with the established impairment guidelines.

Workers' CompensationSchedule Loss of UseLeft Leg InjuryHip FractureMedical GuidelinesIndependent Medical ExaminationAppellate ReviewSubstantial EvidenceRemittalX-ray Requirement

References

Case No. 03-15-00280-CV

Regular Panel Decision

Jul 20, 2015

Michael J. DeLitta v. Nancy Schaefer

This legal brief addresses a business dispute concerning the ownership and management of Axiom Medical Consulting, LLC, involving co-owners Michael J. DeLitta and Nancy Schaefer. Schaefer, the Appellee, is defending a trial court's temporary injunction that prohibits DeLitta from misrepresenting himself as a medical doctor ("Dr. DeLitta") within Axiom. DeLitta, a licensed Physician's Assistant and CEO of Axiom, used a Ph.D from an unaccredited institution to falsely portray himself as a medical doctor, a practice the trial court deemed misleading and harmful. The brief argues that DeLitta's fraudulent conduct, which includes self-dealing and violations of Texas Occupations and Penal Codes, necessitates the affirmation of the injunction to protect Axiom's reputation, prevent civil and criminal liability, and safeguard Schaefer's interests in the company.

Business DisputeTemporary InjunctionFraudulent MisrepresentationFiduciary DutyOccupational MedicinePhysician AssistantDiploma MillProfessional MisconductCorporate GovernanceTrade Practices

References

Case No. 03-01-00652-CV

Regular Panel Decision

Jul 26, 2002

Nancy Broadhurst v. Employees Retirement System of Texas

Nancy Broadhurst, a former Child Protective Services specialist, appealed the denial of occupational disability retirement benefits by the Employees Retirement System of Texas (ERS) Board. Her claim stemmed from a back injury sustained while sitting in a chair at work. Broadhurst argued that the Board arbitrarily disregarded her treating physician's findings and misapplied the 'inherent risk or hazard peculiar to a duty' requirement for occupational disability under the Texas Government Code. The Third District Court of Appeals in Austin affirmed the district court's judgment, ruling that the Board's interpretation of the statute requiring the injury to result from a risk both inherent in and peculiar to the job duties was correct. The court found that sitting in a chair did not constitute a risk peculiar to a CPS specialist's duties.

Occupational DisabilityRetirement BenefitsEmployees Retirement SystemTexas Government CodeStatutory InterpretationAdministrative AppealJudicial ReviewSubstantial EvidenceWork InjuryBack Injury

References

Case No. MISSING

Regular Panel Decision

Moll v. US Life Title Insurance Co. of New York

The case involves plaintiffs Moll, Elser, McGuire, and Harlow suing US Life Title Insurance Company of New York, asserting claims under RESPA, RICO, and state laws. Plaintiffs alleged misrepresentation, failure to disclose kickbacks to attorneys, and aiding and abetting fraud related to title insurance premiums. The court found plaintiffs failed to adequately allege mail fraud or commercial bribery as predicate acts for RICO claims, citing insufficient evidence of misrepresentation, a duty to disclose, substantial assistance in fraud, or economic harm due to non-negotiable premiums. Consequently, the defendant's motion to dismiss the Consolidated Complaint was granted, leave to replead was denied, and pendent state law claims were dismissed for lack of federal jurisdiction.

RICO ActRESPA ActMail FraudCommercial BriberyFraud AllegationsMotion to DismissPendent State ClaimsRule 12(b)(6)Rule 9(b)Title Insurance

References

Case No. MISSING

Regular Panel Decision

Caserotti v. State Farm Insurance

Nancy Ray Caserotti appealed a summary judgment granted in favor of State Farm Insurance Company. The case stemmed from an automobile accident where Nancy, insured by State Farm, was injured by David, also insured by State Farm. Initially, David claimed fault, leading to a $100 settlement check to Nancy, which she later disputed as a full release. Nancy subsequently sued David, leading to a default judgment, then a new trial where State Farm defended David using the release. Nancy then sued State Farm, alleging violations of the DTPA, breach of fiduciary duty, and bad faith. The appellate court affirmed the summary judgment, ruling that State Farm did not owe Nancy, as a third-party claimant under David's policy, a fiduciary duty or a duty of good faith and fair dealing.

Summary JudgmentAutomobile AccidentInsurance LawFiduciary DutyGood Faith and Fair DealingDeceptive Trade Practices ActThird-Party ClaimInsurance ReleaseAppellate ReviewTexas Law

References

Case No. 03-15-00085-CV

Regular Panel Decision

Jan 16, 2015

Michael J. DeLitta And DeLCom Properties, LLC v. Nancy Schaefer

The underlying suit is a business dispute between Michael J. DeLitta and Nancy Schaefer over the ownership of Axiom Medical Consulting, LLC. A temporary injunction, referred to as the “Agreed Order,” was issued on October 29, 2013, to preserve the parties' disputed rights and interests during litigation. DeLitta, despite initially agreeing to and seeking enforcement of the order, later filed a motion on October 22, 2014, to dissolve and declare the temporary injunction void, arguing it failed to comply with Texas Rule of Civil Procedure 683 by not stating reasons for its issuance or setting a trial date. The trial court denied DeLitta's motion on January 16, 2015. The appellee argues that DeLitta is estopped from challenging the Agreed Order due to his prior consent, attempts to enforce its terms, and untimeliness of his appeal. Furthermore, the appellee contends the Agreed Order is enforceable as a Rule 11 agreement, irrespective of its compliance with Rule 683, and therefore, the trial court’s refusal to dissolve it should be affirmed.

Business DisputeTemporary InjunctionAgreed OrderRule 11 AgreementWaiverEstoppelAppellate JurisdictionVoid vs VoidableContract EnforcementDispute Resolution

References

Case No. 03-14-00717-CV

Regular Panel Decision

Dec 04, 2014

Vivek Goswami, M.D. and Austin Heart, PLLC v. Nancy Jo Rodriguez

Nancy Jo Rodriguez filed a health care liability claim against Vivek Goswami, M.D., and Austin Heart, PLLC, alleging negligence related to her continued use of the drug Pradaxa. Rodriguez claims that despite an order from Dr. David Kessler to discontinue Pradaxa, Dr. Goswami failed to follow this order, and nurses/staff at Austin Heart authorized refills. This, she alleges, led to her hospitalization. Appellants objected to the expert report by Dr. Jeffrey A. Breall, arguing it was conclusory, lacked factual support, and failed to adequately define the standard of care, breach, and causation for each appellant. The trial court denied Appellants' motion to dismiss, finding Dr. Breall's report adequate. Appellants are appealing this denial, contending the trial court abused its discretion as the report did not constitute a good-faith effort to comply with Chapter 74 requirements, effectively negating its purpose by concealing facts and offering vague conclusions.

Medical MalpracticeExpert Report AdequacyTexas Civil Practice and Remedies CodeAbuse of DiscretionStandard of CareBreach of DutyCausationConclusory Expert OpinionsMotion to DismissPradaxa Medication

References

Case No. 03-99-00292-CV

Regular Panel Decision

Mar 09, 2000

Nancy J. Feagley v. Texas Workers' Compensation Commission Todd K. Brown Jack E. Abla Ramon Class O.D. Kenemore Royce Faulkner Richard F.Reynolds Donna Lynn Snyder Thomas A. Knapp Philip F. O'Neill Christopher L. Rhodes David Lewallen Mike Renfro

Nancy J. Feagley sued for a declaratory judgment against the Texas Workers' Compensation Commission (TWCC) and others, after her claim for death benefits for her deceased husband was denied. The trial court in Travis County dismissed her suit for want of jurisdiction, finding the proper venue for judicial review of a death benefits decision was Tarrant County, where the employee resided. Feagley appealed, arguing her action was for statutory interpretation, not a benefits review, and that she would be deprived of judicial review. The appellate court affirmed the dismissal, concluding that Feagley's suit was substantively an action seeking judicial review of a death benefits decision, which must be brought in Tarrant County. The court also found no evidence of improper agency rulemaking.

Declaratory JudgmentJurisdictionVenueWorkers' CompensationDeath BenefitsAppeals Panel DecisionStatutory InterpretationHeart Attack RuleAdministrative Procedure ActJudicial Review

References

Case No. MISSING

Regular Panel Decision

Nancy Alanis v. US Bank National Association as Successor Trustee to Bank of America National Association, as Successor by Merger to One LaSalle Bank, N.A. as Trustee for the MLMI Trust Series 2006-HE6

Nancy Alanis sued U.S. Bank National Association, BAC Home Loans Servicing, L.P., and The Law Offices of Mann & Stevens for fraud and violations of debt collection statutes related to the foreclosure of her San Antonio property. Following a jury trial, Alanis was awarded damages against U.S. Bank for Texas Fair Debt Collection Practices Act (FDCPA) violations and against BAC for common-law fraud, including attorney's fees, while Mann & Stevens received a take-nothing judgment. On appeal, Alanis challenged the denial of declaratory judgments, the granting of JNOV for Mann & Stevens, and the reduction of her damages due to settlement credits and comparative liability. U.S. Bank and BAC cross-appealed the damages for out-of-pocket expenses and attorney's fees. The appellate court affirmed the trial court's JNOV for Mann & Stevens and the application of comparative responsibility and settlement credit, but reversed the award of out-of-pocket damages and attorney's fees to Alanis, resulting in a net recovery of $0 for Alanis from U.S. Bank and BAC.

ForeclosureHome Equity LoanFraudDebt CollectionFDCPA ViolationTexas Finance CodeTexas Property CodeAppellate DecisionJury Verdict ReviewComparative Liability

References

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Updated Daily

Case Law Database

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

Case No. 06-01-00090-CR

Regular Panel Decision

Feb 15, 2002

Nancy Renee Wright v. State of Texas

Criminal AppealDrug PossessionFelony EnhancementJury Voir DireJudicial CommentPreservation of ErrorAppellate JurisdictionDue ProcessSentencing GuidelinesTexas Law

References

Case No. 533294

Regular Panel Decision

Feb 03, 2022

In the Matter of the Claim of Nancy Strack

Workers' CompensationSchedule Loss of UseLeft Leg InjuryHip FractureMedical GuidelinesIndependent Medical ExaminationAppellate ReviewSubstantial EvidenceRemittalX-ray Requirement

References

Case No. 03-15-00280-CV

Regular Panel Decision

Jul 20, 2015

Michael J. DeLitta v. Nancy Schaefer

Business DisputeTemporary InjunctionFraudulent MisrepresentationFiduciary DutyOccupational MedicinePhysician AssistantDiploma MillProfessional MisconductCorporate GovernanceTrade Practices

References

Case No. 03-01-00652-CV

Regular Panel Decision

Jul 26, 2002

Nancy Broadhurst v. Employees Retirement System of Texas

Occupational DisabilityRetirement BenefitsEmployees Retirement SystemTexas Government CodeStatutory InterpretationAdministrative AppealJudicial ReviewSubstantial EvidenceWork InjuryBack Injury

References

Case No. MISSING

Regular Panel Decision

Moll v. US Life Title Insurance Co. of New York

RICO ActRESPA ActMail FraudCommercial BriberyFraud AllegationsMotion to DismissPendent State ClaimsRule 12(b)(6)Rule 9(b)Title Insurance

References

Case No. MISSING

Regular Panel Decision

Caserotti v. State Farm Insurance

Summary JudgmentAutomobile AccidentInsurance LawFiduciary DutyGood Faith and Fair DealingDeceptive Trade Practices ActThird-Party ClaimInsurance ReleaseAppellate ReviewTexas Law

References

Case No. 03-15-00085-CV

Regular Panel Decision

Jan 16, 2015

Michael J. DeLitta And DeLCom Properties, LLC v. Nancy Schaefer

Business DisputeTemporary InjunctionAgreed OrderRule 11 AgreementWaiverEstoppelAppellate JurisdictionVoid vs VoidableContract EnforcementDispute Resolution

References

Case No. 03-14-00717-CV

Regular Panel Decision

Dec 04, 2014

Vivek Goswami, M.D. and Austin Heart, PLLC v. Nancy Jo Rodriguez

Medical MalpracticeExpert Report AdequacyTexas Civil Practice and Remedies CodeAbuse of DiscretionStandard of CareBreach of DutyCausationConclusory Expert OpinionsMotion to DismissPradaxa Medication

References

Case No. 03-99-00292-CV

Regular Panel Decision

Mar 09, 2000

Nancy J. Feagley v. Texas Workers' Compensation Commission Todd K. Brown Jack E. Abla Ramon Class O.D. Kenemore Royce Faulkner Richard F.Reynolds Donna Lynn Snyder Thomas A. Knapp Philip F. O'Neill Christopher L. Rhodes David Lewallen Mike Renfro

Declaratory JudgmentJurisdictionVenueWorkers' CompensationDeath BenefitsAppeals Panel DecisionStatutory InterpretationHeart Attack RuleAdministrative Procedure ActJudicial Review

References

Case No. MISSING

Regular Panel Decision

Nancy Alanis v. US Bank National Association as Successor Trustee to Bank of America National Association, as Successor by Merger to One LaSalle Bank, N.A. as Trustee for the MLMI Trust Series 2006-HE6

ForeclosureHome Equity LoanFraudDebt CollectionFDCPA ViolationTexas Finance CodeTexas Property CodeAppellate DecisionJury Verdict ReviewComparative Liability

References

Showing 1-10 of 126 results

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