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

Case No. 03-10-00358-CV
Regular Panel Decision
Jan 27, 2012

Russell H. Fish, III, Individually and Derivatively on Behalf of Texas Legislative Service, Partnership v. Texas Legislative Service, Partnership Andrew K. Fish And John C. Fish

This case concerns a dispute within the Texas Legislative Service (TLS) partnership, where Russell H. Fish, III, sued his brothers Andrew K. Fish and John C. Fish for alleged breaches of their partnership agreement, fiduciary duties, and intellectual property misappropriation. Russell claimed Andrew and John improperly set their compensation, denied him access to partnership records, and violated terms regarding the sale of their mother's partnership interest. Furthermore, Russell alleged that Andrew competed with TLS by operating similar businesses in other states and misused TLS's trade secrets and software. The trial court initially granted summary judgment in favor of Andrew and John on all claims. On appeal, the court affirmed most of the trial court's rulings but reversed and remanded the breach of contract claim related to partner compensation, citing a partial limitations bar and a remaining factual dispute regarding waiver.

Partnership AgreementBreach of ContractFiduciary DutySummary JudgmentStatute of LimitationsWaiverTrade SecretsCopyright InfringementPartner CompensationAccess to Records
References
27
Case No. 2022 NY Slip Op 06588 [210 AD3d 1496]
Regular Panel Decision
Nov 18, 2022

Green v. Evergreen Family Ltd. Partnership

Plaintiff Bradford Green initiated an action to recover damages for injuries sustained from a fall off an A-frame ladder while working on a car wash overhead door. The defendants, Evergreen Family Limited Partnership, moved for summary judgment, arguing plaintiff's activity was not covered by Labor Law § 240 (1) or that plaintiff was the sole proximate cause of his injuries. Plaintiff cross-moved for partial summary judgment on liability and dismissal of the sole proximate cause defense. The Supreme Court denied both motions regarding the Labor Law § 240 (1) claim but granted plaintiff's motion on the 14th affirmative defense. The Appellate Division affirmed, finding triable issues of fact concerning whether the work constituted routine maintenance or a repair, and the adequacy of the safety device provided, thus precluding a sole proximate cause defense as a matter of law.

Ladder FallWorkplace InjuryLabor Law § 240(1)Summary JudgmentProximate CauseSafety EquipmentAppellate DivisionConstruction Site SafetyMaintenance vs. RepairPersonal Injury
References
23
Case No. 2017 NY Slip Op 04241
Regular Panel Decision
May 31, 2017

Alvarez v. Vingsan Ltd. Partnership

Franklin G.S. Alvarez was injured after falling from an unsecured ladder while installing sheetrock at premises owned by Vingsan Limited Partnership and leased by JP Morgan Chase Bank, N.A. He, along with his wife, sued alleging violations of Labor Law §§ 200, 240 (1), and 241 (6), common-law negligence, and loss of consortium. Initially, procedural errors led to denials of summary judgment motions. Upon reargument, the Supreme Court granted the plaintiffs' cross-motion for summary judgment on the issue of liability under Labor Law § 240 (1) and denied JP Morgan's cross-motion to dismiss that cause of action. The Appellate Division, Second Department, affirmed this decision, concluding that the plaintiffs made a prima facie showing of entitlement to judgment under Labor Law § 240 (1) and JP Morgan failed to raise a triable issue of fact.

Ladder AccidentConstruction Site InjuryLabor Law § 240 (1)Summary JudgmentAppellate DivisionPremises LiabilityProximate CauseWorker SafetyUnsecured LadderReargument
References
11
Case No. MISSING
Regular Panel Decision
Sep 18, 2002

O'Connor v. Spencer (1997) Investment Ltd. Partnership

Patrick O'Connor was injured after falling from a six-feet-tall Baker scaffold while performing demolition work for GTI Harbor & Trucking & Rigging, Inc., on premises owned by Spencer (1997) Investment Ltd. Partnership and its general partner, Spencer Realty, Inc. O'Connor and his wife subsequently commenced an action against the appellants, alleging common-law negligence and violations of Labor Law §§ 200, 240(1), and 241(6). The appellants moved for summary judgment, arguing workers' compensation exclusivity and non-liability under the Labor Law sections. The Supreme Court denied their motion in its entirety. On appeal, the order was modified: claims based on common-law negligence and Labor Law § 200 were dismissed, while the denial of summary judgment for Labor Law §§ 240(1) and 241(6) claims was affirmed.

Scaffold AccidentDemolition InjuriesWorkers' Compensation ExclusivityLabor Law ViolationsCommon-Law NegligenceSummary Judgment MotionAppellate Division DecisionPremises LiabilitySafety RegulationsGravity-Related Accident
References
14
Case No. 09-20-00128-CV
Regular Panel Decision
Dec 01, 2022

Edgar Duarte v. Brookaye Partnership Ltd D/B/A Huntington Brook Apartments

Edgar Duarte appealed a summary judgment granted to Brookaye Partnership Ltd. in a premises-liability suit, arguing lack of notification for the hearing and that the judgment was not final. The Court of Appeals affirmed the judgment, finding that Duarte's attorney received proper notice through the electronic filing system, and the associate judge's order became a final decree by operation of law. The court also determined that all parties and claims were disposed of, and the denial of Duarte's motion for new trial was upheld due to insufficient supporting evidence. Consequently, the court found no merit in Duarte's appellate issues.

Summary JudgmentPremises LiabilityDe Novo HearingNotice of HearingMotion for New TrialAppellate JurisdictionFinal JudgmentElectronic FilingAbuse of DiscretionTexas Court of Appeals
References
16
Case No. 13-15-00312-CV
Regular Panel Decision
May 15, 2015

Brian O'Grady, M.D And the O'Grady Family Partnership, Ltd., as Owners of Claims of David Miller, Brett Schulick and River Oaks Capital Management, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA.

This case involves an appeal by Brian O’Grady, M.D. and The O’Grady Family Partnership, Ltd. (Appellants) against National Union Fire Insurance Company of Pittsburgh, P.A. (Appellee). The Appellants challenged a trial court’s judgment that confirmed an arbitration award. The arbitration panel had found no insurance coverage under a professional liability policy for a FINRA arbitration award against Woodbury Financial Services, Inc.'s agents, Miller and Schulick. The Appellants argue that the arbitration panel exceeded its powers by making improper factual findings at the summary judgment stage, particularly regarding whether Woodbury approved or distributed certain investment products and whether the agents' actions were "dishonest, malicious, or knowingly wrongful," which would trigger an exclusion. They contend these findings were made without coverage-specific discovery or a full evidentiary hearing, thereby denying them due process. The appeal seeks to vacate or modify the portion of the award denying coverage for the "Asset Protection Plan" and remand for a full evidentiary hearing.

AppealArbitrationInsurance CoverageProfessional LiabilitySummary JudgmentArbitrator PowersTexas LawFINRA AwardInvestment ProductsDue Process
References
29
Case No. 03-02-00475-CV
Regular Panel Decision
May 08, 2003

Hays County, Texas v. Hays County Water Planning Partnership

This case involves an appeal by Hays County against a district court judgment favoring the Hays County Water Planning Partnership. The partnership had sought an injunction and attorney's fees, alleging that Hays County violated the Open Meetings Act, the Texas Constitution, and the Texas Local Government Code by improperly altering a transportation plan submitted to the Capital Area Metropolitan Planning Organization (CAMPO). The Court of Appeals reversed the district court's finding regarding the Open Meetings Act and the 'open courts' provision of the Texas Constitution, dissolving the injunction. However, it affirmed that Hays County violated the Texas Constitution (Art. V, § 18) and the Local Government Code due to an invalid action by a single commissioner and upheld the award of attorney's fees to the Partnership under the Uniform Declaratory Judgments Act.

Texas Court of AppealsOpen Meetings ActTexas ConstitutionLocal Government CodeDeclaratory Judgments ActSovereign ImmunityLegislative ImmunityCounty Commissioners CourtTransportation PlanInjunction
References
31
Case No. MISSING
Regular Panel Decision

Gulf Shores Council of Co-Owners, Inc. v. Raul Cantu No. 3 Family Ltd. Partnership

The Fourth Court of Appeals reversed a trial court's judgment concerning a dispute between the Gulf Shores Council of Co-Owners, Inc., and the Raul S. Cantu No. 3 Family Limited Partnership. The core issue was the Council's right to levy fees on unit owners who rented outside the designated rent pool and to prohibit the use of independent leasing agents. The trial court had ruled these actions unenforceable and awarded damages for tortious interference. However, the appellate court found that the Council's fees and prohibitions were reasonable and justified under the condominium's Declaration and Bylaws, and that they had a legal right to interfere with the Partnership's contracts. Consequently, the appellate court reversed the damages awarded to the Partnership and rendered judgment in favor of the Council for unpaid assessments and attorney fees.

Condominium LawProperty RightsRental ManagementHomeowners AssociationTortious InterferenceContract LawAppellate ReviewDeclaratory JudgmentUnpaid AssessmentsAttorney Fees
References
20
Case No. MISSING
Regular Panel Decision

Diaz v. Rosbrock Associates Ltd. Partnership

Plaintiff Eduardo Londono Diaz, an employee of New Rochelle Hotel Association (NRHA), sustained injuries while working at the Ramada Plaza Hotel. He commenced an action against Rosbrock Associated Limited Partnership (Rosbrock), the landowner, alleging violations of the Labor Law. Rosbrock, which leased the land to NRHA, moved for summary judgment, arguing that NRHA and Rosbrock were effectively the same entity for Workers' Compensation Law purposes due to identical general and limited partners, thus precluding a lawsuit against the landowner under exclusive remedy provisions. The court granted Rosbrock's motion for summary judgment, finding that despite being separately maintained for tax and legal compliance, the identical partnership makeup rendered them a single entity for workers' compensation, thereby dismissing Diaz's action.

Limited Partnership LiabilityExclusive Remedy DoctrineIdentity of EntitiesLandowner Employer StatusSummary Judgment GrantLabor Law ViolationsPartnership LawStatutory DutyWorkplace Injury ClaimBoiler Maintenance
References
10
Case No. MISSING
Regular Panel Decision

Hays County v. Hays County Water Planning Partnership

Hays County appealed a district court's judgment that found it violated the Open Meetings Act, Texas Constitution, and Local Government Code by improperly altering a transportation plan. The district court had granted an injunction and attorney's fees to the Hays County Water Planning Partnership. The appellate court reversed the findings regarding the Open Meetings Act and the Texas Constitution's 'open courts' provision, and dissolved the injunction. However, it affirmed that a single commissioner's alteration of the plan was invalid as an unauthorized act and upheld the award of attorney's fees to the Partnership.

Open Meetings ActTexas ConstitutionLocal Government CodeUniform Declaratory Judgments ActSovereign ImmunityLegislative ImmunityCounty Commissioners CourtTransportation PlanAbuse of DiscretionStanding
References
31
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