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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

Bonded Builders Home Warranty Association of Texas D/B/A Bonded Builders Warranty Group, Daniel Avila, Grisele Edith Arizpe, and AA Builders, LLC v. Patricia Rockoff

Patricia Rockoff purchased a home from AA Builders, LLC, which included a warranty from Bonded Builders Home Warranty Association of Texas (BBWG). After discovering structural defects, Rockoff filed claims against both AA Builders and BBWG, subsequently initiating a lawsuit. Both AA Builders and BBWG moved to compel arbitration based on the warranty's terms, but the trial court denied these motions. On interlocutory appeal, the appellate court reversed, affirming the validity and scope of the arbitration agreement. The court rejected arguments regarding the unconscionability of arbitrator selection and limitations on remedies, but remanded the case for the trial court to determine if the arbitration costs render the agreement substantively unconscionable after an arbitrator is appointed.

Interlocutory AppealArbitrationUnconscionabilityHome WarrantyConstruction DefectsFederal Arbitration ActTexas Deceptive Trade Practices ActContract LawProcedural UnconscionabilitySubstantive Unconscionability
References
54
Case No. MISSING
Regular Panel Decision

Armadillo Bail Bonds v. State

This case involves an appeal by Jerry Wardlow, doing business as Armadillo Bail Bonds, a surety, against the State of Texas regarding a criminal bail bond forfeiture. The central issue is whether article 22.16(c)(2) of the Texas Code of Criminal Procedure, which delays final judgment against a bond for eighteen months in felony cases, violates the separation of powers doctrine of the Texas Constitution. The trial court had entered a final judgment before the expiration of the eighteen-month period, concluding the statute was unconstitutional. The appellate court affirmed the trial court's decision, agreeing that the legislative imposition of an eighteen-month delay in entering final judgment constitutes an unconstitutional interference with the judiciary's power, which includes the power to enter and execute judgments. The court reasoned that such a delay usurps judicial functions and renders the judicial branch powerless to administer justice without denial or delay.

Bail Bond ForfeitureSeparation of PowersJudicial PowerLegislative InterferenceTexas ConstitutionCode of Criminal ProcedureFinal Judgment DelayAppellate ReviewConstitutional LawJudicial Branch
References
9
Case No. 04-24-00386-CV
Regular Panel Decision
Feb 26, 2025

In Re Texas Mutual Insurance Company, Judy Bond, and Allstate County Mutual Insurance v. the State of Texas

Edward Santos filed a lawsuit against Texas Mutual Insurance Company, Judy Bond, and Allstate County Mutual Insurance, alleging liability for his injuries being compensated through workers' compensation benefits, thereby limiting liability under other coverages. Texas Mutual and Bond challenged the trial court's denial of their pleas to the jurisdiction, arguing that the Texas Department of Insurance, Division of Workers' Compensation (the Division) had exclusive jurisdiction over Santos's claims. The Fourth Court of Appeals found that Santos's claims against Texas Mutual and Bond, predicated on the improper investigation, handling, or settlement of his workers' compensation claim, fell within the Division's exclusive jurisdiction, and he failed to exhaust administrative remedies. Consequently, the Court conditionally granted the petition for a writ of mandamus for Texas Mutual and Bond, directing the trial court to dismiss claims against them. However, the Court denied Allstate's petition, as Santos's claims against Allstate involved a liability claim against a non-workers' compensation carrier, which did not abrogate the Division's exclusive jurisdiction by re-litigating the course and scope of employment question.

MandamusWorkers' CompensationExclusive JurisdictionAdministrative RemediesPlea to the JurisdictionInsurance CodeDeceptive Trade Practices ActFraudConspiracyEmployer Liability
References
25
Case No. MISSING
Regular Panel Decision

Bonded Waterproofing Services, Inc. v. Anderson-Bernard Agency, Inc.

This case involves Bonded Waterproofing Services, Inc. suing its insurance broker, Anderson-Bernard Agency, Inc. and Thomas Bernard (A-B and Bernard), and its insurer, National Indemnity Company (NIC), after NIC disclaimed coverage for a worker's injury. Bonded alleged that A-B and Bernard misrepresented coverage, breached contract, and were negligent in failing to obtain adequate insurance, and that NIC was vicariously liable. The Supreme Court denied motions to dismiss by A-B and Bernard and a summary judgment motion by NIC. On appeal, the court affirmed the denial of A-B and Bernard's motions, finding that Bonded sufficiently stated causes of action for negligent misrepresentation and breach of contract, and that the negligence claim was not time-barred. However, the court found that NIC's motion for summary judgment should have been granted, as A-B and Bernard were not its agents.

Insurance Coverage DisputeBroker NegligenceBreach of ContractNegligent MisrepresentationSummary Judgment MotionVicarious LiabilityAgency RelationshipStatute of LimitationsConflict of LawsNew York Law
References
26
Case No. MISSING
Regular Panel Decision

Clayton B. Obersheimer, Inc. v. Travelers Casualty & Surety Co. of America

Plaintiff, a subcontractor for Massa Construction, Inc., initiated an action against defendant surety to secure payment on a labor and materials bond after Massa ceased payments due to alleged breaches by plaintiff. Defendant denied plaintiff's claim, asserting plaintiff materially breached its subcontract by failing to make pension contributions, provide releases, and obtain a separate payment bond. The Supreme Court granted plaintiff partial summary judgment on liability, which defendant appealed. The Appellate Division affirmed, finding plaintiff presented sufficient evidence of compliance and defendant failed to raise a triable issue of fact regarding a material breach. The court noted that alleged non-payments to suppliers only affected the subcontract price, not Massa's obligation to continue performance, and found no requirement for plaintiff to pay pension contributions to the Iron Workers District Council or obtain a separate payment bond from glaziers unions.

SubcontractorSurety BondPublic Improvement ProjectLabor and Materials BondPartial Summary JudgmentAppellate ReviewBreach of ContractPension ContributionsPayment ObligationsGlaziers Unions
References
17
Case No. MISSING
Regular Panel Decision
Sep 28, 2004

In re Human Performance, Inc.

Human Performance, Inc., doing business as Woodstock Spa & Wellness, appealed a decision by the Unemployment Insurance Appeal Board. The Board had assessed Human Performance, Inc. for additional unemployment insurance contributions for massage therapists and aestheticians, classifying them as employees. Woodstock argued they were not employees. The court affirmed the Board's decision, finding that Woodstock maintained control over important aspects of the therapists' work, including setting fees, scheduling services, handling complaints, providing workers’ compensation coverage, and supplying the workspace, equipment, and supplies.

Unemployment InsuranceMassage TherapistsAestheticiansEmployer-Employee RelationshipWellness CenterDay SpaIndependent ContractorWorkers Compensation CoverageLabor LawAppeal Board Decision
References
1
Case No. MISSING
Regular Panel Decision
Jul 25, 2012

Robinson v. Bond Street Levy, LLC

Peter Robinson, a laborer for Virginia Construction & Management, Inc., was injured on December 26, 2007, when he fell from a ladder after being struck by ductwork at a building owned by Bond Street Levy, LLC. He and his wife subsequently commenced an action against Bond Street Levy, LLC, alleging a violation of Labor Law § 240 (1). The Supreme Court, Kings County, granted the plaintiffs' motion for summary judgment on the issue of liability. The appellate court affirmed this decision, finding that the plaintiffs successfully established the absence of adequate safety devices and that this violation was a proximate cause of the injuries. The defendant's arguments regarding a triable issue of fact on sole proximate cause and prematurity of the motion were rejected.

Personal InjuryLabor LawWorkplace AccidentLadder FallSummary JudgmentLiabilityProperty OwnerConstruction SiteNondelegable DutyProximate Cause
References
16
Case No. 05-17-01187-CV
Regular Panel Decision
Jun 01, 2018

Linda Douglas v. Taylor Sims and Dallas Performance, LLC.

This case involves an appeal from a jury trial where Dallas Performance, LLC (DP) and Taylor Sims prevailed against Linda Douglas. Linda had sued DP for conversion, wrongful detention of her vehicle, and other claims after DP retained her car due to unpaid repair and storage fees. The jury found in favor of DP and Sims, awarding them $9,000.00 for breach of contract regarding storage fees and $3,200.00 in quantum meruit for motor work. The appellees, DP and Sims, argue that the trial court's judgment, which was entered in accordance with the jury's findings, should be affirmed. They assert their right to a possessory lien on the vehicle and that Linda agreed to the storage fee policy and additional work performed on her car.

Motor Vehicle RepairPossessory LienStorage FeesQuantum MeruitBreach of ContractAttorney's FeesConversionWrongful DetainerDallas PerformanceLinda Douglas
References
25
Case No. MISSING
Regular Panel Decision

Bond v. American Air Filter

Joe Bond, a forklift operator for American Air Filter, sustained a crush injury to his foot at work on March 10, 1983. Initially, the company's designated physician, Dr. Dowling, misdiagnosed the injury as minor, leading Bond to seek treatment from his personal physician and subsequently orthopedic surgeon Dr. Janovich. Dr. Janovich diagnosed tibial nerve entrapment and performed surgery, also noting related back problems. The trial court awarded temporary total disability, 60% permanent partial disability, and medical expenses. The appellate court affirmed the permanent partial disability award and the employer's responsibility for medical expenses, crediting Dr. Janovich's testimony. However, it modified the period for temporary total disability benefits to begin April 22, 1983, and end February 27, 1984, remanding the case for further proceedings.

Foot InjuryTibial Nerve EntrapmentTarsal Tunnel SyndromePermanent Partial DisabilityTemporary Total DisabilityMedical Treatment ChoiceEmployer Liability for Medical ExpensesPhysician TestimonyAppellate ReviewSurgical Release
References
5
Case No. 08-06-00181-CV
Regular Panel Decision
Sep 25, 2008

Jesus Diaz De Leon D/B/A Payless Bail Bonds v. Olie S. Robinson

Mr. Diaz de Leon (Payless Bail Bonds) appealed the denial of a motion for new trial after a default judgment was entered against him in a suit brought by Mr. Robinson. Mr. Robinson sought to cancel a transaction, declare deeds void, and recover damages related to his home, which collateralized a bail bond. Mr. Diaz de Leon's attorney had a scheduling conflict and sent a substitute attorney, who was excused by the trial court, leading to a default judgment. The appellate court found that the trial court abused its discretion in denying the motion for new trial, citing the Craddock elements. The court concluded that the failure to appear was not intentional, a meritorious defense was alleged, and granting a new trial would not injure the plaintiff. Therefore, the judgment was reversed, and the case remanded for a trial on the merits.

Default JudgmentMotion for New TrialAbuse of DiscretionBail BondCollateralHomesteadQuitclaim DeedWarranty DeedDeed of TrustEviction
References
6
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