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

Case No. 07-05-0110-CV
Regular Panel Decision
Apr 14, 2005

$1,364.00, One 1997 Ford Thunderbird, One Phillips VCR Television, One Remington Monitor and Cameras, One Sentinel Intercom and One Set of Tanita Scales v. State of Texas

Alvin L. Gaither, an inmate, appealed a trial court's forfeiture order concerning cash and various personal items. The Court of Appeals for the Seventh District of Texas at Amarillo issued a directive for Gaither to pay a $125 filing fee within ten days. Gaither failed to comply with this order. Consequently, the appellate court dismissed the appeal for failure to comply with the Texas Rules of Appellate Procedure and the Clerk's notice regarding the filing fee.

Appeal DismissedForfeiture OrderFiling FeePro Se AppellantAppellate ProcedureNon-complianceTexas Court of AppealsInmate AppellantCivil ProcedureJudicial Dismissal
References
4
Case No. 2022 NY Slip Op 05053 [208 AD3d 818]
Regular Panel Decision
Aug 24, 2022

Thorpe v. One Page Park, LLC

Lorenzo Thorpe, an employee at a construction site owned by One Page Park, LLC, sustained injuries after falling into a 14-16 foot deep pit. He commenced a personal injury action against One Page Park, LLC and A-W Coon & Sons, Inc., alleging common-law negligence and violations of Labor Law §§ 200, 240 (1), and 241 (6). The Supreme Court initially granted summary judgment to the defendants and denied the plaintiff's cross-motion for summary judgment on liability. Upon reargument, the Appellate Division, Second Department, modified the order, denying the defendants' motion for summary judgment on the Labor Law § 240 (1) cause of action against One Page Park, LLC, citing elevation-related risk and triable issues of fact. The court affirmed the denial of the plaintiff's cross-motion for summary judgment on liability under Labor Law § 240 (1).

Personal InjuryConstruction AccidentLabor Law Section 240(1)Elevation-Related HazardSummary Judgment MotionReargumentAppellate ReviewProximate CauseTriable Issue of FactProperty Owner Liability
References
18
Case No. 14-04-00888-CV
Regular Panel Decision
Jan 09, 2007

Tello v. Bank One, N.A.

Pablo Tello appealed a summary judgment granted in favor of Bank One, N.A. and Banc One Acceptance Corp. Tello had entered a vehicle lease agreement which was later assigned to the Bank One entities. After Tello allegedly defaulted on payments, Bank One sued for breach of contract. Tello counterclaimed for DTPA violations, common-law fraud, and breach of contract, asserting he was fraudulently induced into the lease by a salesperson due to his inability to read English. The trial court granted summary judgment for the Bank, awarding damages and attorney's fees. The Court of Appeals affirmed the decision, finding Tello had waived most of his appellate issues due to inadequate briefing and failure to properly present them in the trial court. A dissenting opinion argued that Bank One failed to sufficiently prove its damages.

Summary JudgmentBreach of ContractVehicle Lease AgreementDTPA ViolationsCommon-Law FraudAffirmative DefensesFraudulent InducementEquitable EstoppelAppellate ProcedureWaiver of Arguments
References
39
Case No. MISSING
Regular Panel Decision

Auqui v. Seven Thirty One Limited Partnership

Jose Verdugo, a food service deliveryman, was injured in December 2003 and received workers' compensation benefits. He also initiated a personal injury lawsuit against Seven Thirty One Limited Partnership. The Workers' Compensation Board (WCB) later determined that Verdugo's disability ended on January 24, 2006, leading to the termination of his benefits. Subsequently, the defendants in the personal injury action sought to preclude Verdugo from relitigating the duration of his disability, arguing collateral estoppel based on the WCB's finding. The court, affirming the WCB's decision, reversed the Appellate Division's order, granting the defendants' motion to preclude further litigation on disability beyond the WCB's determined date, finding the issue was fully and fairly litigated.

Workers' Compensation BenefitsPersonal Injury ActionCollateral EstoppelAdministrative Law JudgeWorkers' Compensation BoardDisability DurationMedical TreatmentLost EarningsMedical ExpensesGuardianship Proceeding
References
6
Case No. MISSING
Regular Panel Decision
Oct 12, 2010

Gunther v. Capital One, N.A.

Plaintiff Eric Gunther filed a class action against Capital One Bank and Capital One Financial Corporation, alleging improper banking fees. Gunther, a former North Fork Bank customer, became a Capital One Bank account holder after a merger. He claimed Capital One Bank increased fees, including ATM withdrawal and overdraft fees, without proper notice, charged 'Undeliverable Mail Fees,' deceptively marketed 'free checking,' and failed to provide fee schedule notifications. The Court dismissed most of Gunther's breach of contract claims, except for the 'Undeliverable Mail Fees' claim. Claims under the Connecticut Unfair Trade Practices Act and for unjust enrichment were also dismissed. A New York General Business Law § 349 claim was dismissed with leave to replead. The Court denied dismissal for the declaratory judgment claim against Capital One Bank. All claims against Capital One Financial were dismissed, as the plaintiff failed to establish direct or indirect liability through corporate veil piercing.

Consumer Class ActionBanking FeesBreach of ContractMotion to DismissCorporate Veil PiercingTruth in Savings Act (TISA)Unjust EnrichmentDeclaratory JudgmentStanding to SueNew York General Business Law
References
33
Case No. 04-18-00123-CV
Regular Panel Decision
Apr 17, 2019

One Hundred Seventy-One Thousand One Hundred and 00/100 ($171,100.00) in U.S. Currency and One (1) 2012 Volkswagen Jetta, VIN3VWDP7AJ9CM333910 v. State

This is an appeal from a post-answer default judgment in favor of the State of Texas in a forfeiture case. Appellant Mirsha Contla challenged the trial court's denial of her motion for continuance and the overruling of her motion for new trial by operation of law. The Fourth Court of Appeals in San Antonio, Texas, affirmed the denial of the motion for continuance, finding no abuse of discretion by the trial court. However, the appellate court reversed the trial court's judgment regarding the motion for new trial, holding that Contla satisfied all three elements of the Craddock test. The court concluded that her failure to appear was not intentional, she presented a meritorious defense, and a new trial would not cause undue delay or injury to the State, thus reversing and remanding the cause for further proceedings.

Default JudgmentMotion for ContinuanceMotion for New TrialCraddock TestAbuse of DiscretionForfeiture ProceedingsAppellate ReviewCivil ProcedureTexas LawConscious Indifference
References
20
Case No. 2017 NY Slip Op 08303
Regular Panel Decision
Nov 28, 2017

Prevost v. One City Block LLC

Plaintiff Ronald Prevost, a laborer, was injured after slipping on a loose sprinkler pipe at a construction site owned by One City Block LLC. He and his wife sued One City for common-law negligence and Labor Law violations. One City then commenced a third-party action against Island Fire Sprinkler, Inc., the subcontractor responsible for installing the sprinkler system, seeking contractual and common-law indemnification and alleging breach of contract for failure to procure insurance. The Supreme Court denied various summary judgment motions. On appeal, the Appellate Division modified the order, granting One City's motion for summary judgment dismissing the Labor Law § 200 and common-law negligence claims, and granting One City's claim for contractual indemnification by Island Fire. The court also denied Island Fire's motion for summary judgment dismissing One City's claim against it for contractual indemnification and breach of contract for failure to procure insurance. Finally, the Appellate Division affirmed the denial of One City's motion for post-note-of-issue discovery seeking additional independent medical examinations of plaintiff.

Construction accidentLabor LawPremises liabilitySummary judgmentContractual indemnificationBreach of contractInsurance procurementPost-note-of-issue discoveryIndependent medical examinationAppellate procedure
References
16
Case No. MISSING
Regular Panel Decision
Jul 02, 2010

Blyer v. ONE STOP KOSHER SUPERMARKET, INC.

Alvin Blyer, Regional Director of NLRB Region 29, petitioned the District Court for interim relief against One Stop Kosher Supermarket, Inc. under 29 U.S.C. § 160(j). The Director sought an order compelling One Stop to bargain with Local 338, Retail, Wholesale and Department Store Union, after One Stop failed to honor a recognition agreement. The administrative law judge (ALJ) found the recognition agreement binding. The District Court granted the petition, finding reasonable cause for unfair labor practices and irreparable harm to the Union's collective bargaining rights, ordering One Stop to provide information and bargain, but stipulating that any agreement not be implemented until the NLRB's final decision.

National Labor Relations BoardUnfair Labor PracticesInterim InjunctionCollective BargainingUnion RecognitionLabor LawDistrict CourtSection 10(j)Employer-Union RelationsMandatary Injunction
References
14
Case No. M2009-02442-COA-R3-CV
Regular Panel Decision
Oct 28, 2010

Estate of David Holt Ralston, by John A. Ralston, Personal Representative v. Fred R. Hobbs

The personal representative of David Holt Ralston's estate filed an action to rescind twelve deeds executed by Fred R. Hobbs, the decedent's attorney-in-fact, without the decedent's knowledge and for no consideration. The properties were conveyed to Hobbs, his mother, and his daughter. The personal representative alleged breach of fiduciary duty. The trial court rescinded the conveyances for properties still owned by Hobbs and awarded monetary damages for properties transferred to innocent third parties. On appeal, Hobbs challenged the personal representative's standing, statute of limitations, the finding of fiduciary duty breach, and damage calculation. The Court of Appeals affirmed the trial court's decision on all grounds, finding the personal representative had standing, the action was timely filed, and Hobbs breached his fiduciary duty by making unauthorized gifts not in line with the principal's gifting history.

Fiduciary DutyPower of AttorneyReal Property ConversionStatute of LimitationsDeed RescissionMonetary DamagesAppellate ReviewEstate LawUndue InfluenceAttorney-in-Fact Breach
References
32
Case No. 2022 NY Slip Op 00289
Regular Panel Decision
Jan 18, 2022

Matter of Personal-Touch Home Care of N.Y., Inc. v. City of N.Y. Human Resources Admin.

The Appellate Division affirmed the Supreme Court's judgment, which denied a petition to overturn a decision by the Office of Administrative Trials and Hearings Contract Dispute Resolution Board (CDRB). The CDRB had found that Personal-Touch Home Care's claim to use unspent Medicaid funds for fiscal year 2007 to offset workers' compensation assessment expenses from 2009-2010 was foreclosed. The court agreed that the State Department of Health (DOH) rationally interpreted its regulations, concluding that these retroactive assessments, levied due to financial mismanagement of a self-insurance trust, were not

Workers' CompensationMedicaid FundsSelf-Insurance TrustFiscal YearRetroactive AssessmentAdministrative LawAgency DeferenceContract DisputeHealth Care AgenciesFinancial Mismanagement
References
4
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