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Case Law Database

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

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 The trial court rescinded the conveyances for properties still owned by Hobbs and awarded monetary damages for properties transferred to innocent third parties.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. MISSING
Regular Panel Decision

West v. C.B. Ragland Co.

The case involves a widow seeking to commute her deceased husband's workers' compensation death benefits into a lump sum, citing personal hardship. The trial court granted a full lump sum commutation of over $74,000. On appeal, the Supreme Court of Tennessee found that the widow had not established the 'special need' required for a full commutation under T.C.A. § 50-6-229. However, recognizing a need for funds to cover legitimate claims, the Supreme Court modified the lower court's judgment, authorizing a partial lump sum payment of $15,000, with the remaining benefits to be paid periodically.

Workers' CompensationDeath BenefitsLump Sum CommutationPeriodic PaymentsSpecial NeedStatutory InterpretationAppellate ReviewJudicial DiscretionPartial CommutationWidow's Benefits
References
4
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
Case No. MISSING
Regular Panel Decision
Apr 02, 1997

Robinson v. Metro-North Commuter Railroad

Plaintiffs, 25 current or former Metro-North employees, filed two class action lawsuits alleging employment discrimination based on race under Title VII of the Civil Rights Act of 1964 and various New York State laws against Metro-North Commuter Railroad. They sought class certification for "all African-American employees of defendant Metro-North Commuter Railroad from 1983 through 1996." The Court consolidated the two actions but subsequently denied the motion for class certification. The denial was based on the plaintiffs' failure to satisfy the commonality and typicality requirements of Federal Rule of Civil Procedure 23(a). The Court found that the plaintiffs' statistical data and sociological opinion were insufficient to establish company-wide discriminatory practices, and individual claims varied significantly, thus lacking typicality for such a broad class.

Employment DiscriminationRace DiscriminationClass ActionClass Certification DenialFederal Rules of Civil Procedure 23Commonality RequirementTypicality RequirementStatistical EvidenceSociological OpinionTitle VII
References
19
Case No. 03-17-00534-CV
Regular Panel Decision
Jan 02, 2018

Denise Stroup, as Legal Guardian of D. L. S., an Incapacitated Person v. MRM Management, Inc.

This is an appeal from a summary judgment in a personal injury car-crash case involving an incapacitated person, Douglas Lee Stroup (Appellant). Appellant sued Penny Harrington Taylor for negligence and MRM Management, Inc. (Appellee) for vicarious liability, alleging Taylor, a licensed real estate salesperson, was acting for MRM. Appellee's motion for summary judgment was granted, asserting Taylor was an independent contractor, thus negating vicarious liability. Appellant argues that the independent contractor agreement is void under the Texas Occupation Code, which assigns liability to brokers for their salespersons' tortious conduct. Furthermore, Appellant contends that MRM should be estopped from relying on the agreement, and that factual disputes exist regarding Taylor's employment status, joint-enterprise liability, and statutory vicarious liability under the Texas Occupations Code. Appellant seeks to reverse the trial court's order granting summary judgment, arguing sufficient evidence was presented to raise genuine issues of material fact for trial.

Personal InjuryCar CrashVicarious LiabilityIndependent ContractorReal Estate AgentReal Estate BrokerTexas Occupations CodeRespondeat SuperiorJoint EnterpriseSummary Judgment Appeal
References
22
Case No. 03-94-00079-CV
Regular Panel Decision
Feb 14, 1996

Owens-Corning Fiberglas Corporation v. Barbara Wasiak Tyler Turner Boulo, as Personal Representative of the Heirs and Estate of Stanley Wasiak, James Edwin Wingate, Sr. and Jean Wingate Homer Clifton Brownlee, Sr. and Alma Brownlee And Martha Barnes, Individually

Owens-Corning Fiberglas Corporation appealed a trial-court judgment awarding compensatory and punitive damages to several appellees. The appellees, including Barbara Wasiak and other individuals, suffered wrongful death, personal injury, and loss of consortium due to exposure to "Kaylo," an asbestos-containing product manufactured by Owens-Corning. The case was tried under Alabama substantive law where the asbestos exposures occurred. Owens-Corning raised eleven points of error, challenging the exclusion of testimony regarding its financial condition, arguing that repetitive punitive damage awards violated due process, and contesting certain jury instructions. The appellate court found no error in the trial court's rulings and affirmed the judgment, concluding that the punitive damages were reasonable and consistent with legal objectives.

asbestos litigationproduct liabilitypunitive damagesmass tortdue process challengeAlabama lawTexas appellate procedurejury instructionswrongful deathpersonal injury
References
59
Case No. MISSING
Regular Panel Decision

Barbanti v. MTA Metro North Commuter Railroad

Plaintiff Robert Barbanti, formerly an Electronic Specialist at Norfolk Southern Railroad, claims he was fraudulently induced by MTA Metro-North Commuter Railroad (Defendant) to leave his job for a supervisory Signal Inspector position with specific pay. Despite being initially hired as a Signal Inspector, a collective bargaining agreement and a subsequent letter agreement with Local 166 led to him being placed in a lower-paying Electronic Technician role. Barbanti sued for fraudulent inducement, breach of contract, and negligent/reckless misrepresentation in state court, a case which the Defendant removed to federal court arguing preemption by the Railway Labor Act (RLA). The court ruled that Barbanti's state law claims are not preempted by the RLA because their resolution does not require the interpretation of a collective bargaining agreement, as the rights and obligations at issue exist independently of any such agreement. Consequently, the court granted Plaintiff's motion to remand the case to state court and denied Defendant's cross-motion for judgment on the pleadings.

Railway Labor ActPreemptionFraudulent InducementBreach of ContractNegligent MisrepresentationCollective Bargaining AgreementLabor DisputesFederal JurisdictionState Law ClaimsMotion to Remand
References
13
Case No. 866 F.Supp.2d 196
Regular Panel Decision
Nov 07, 2011

Howard v. MTA Metro-North Commuter Railroad

Wendell Howard, an African-American locomotive engineer trainee, sued his former employer, MTA Metro-North Commuter Railroad, for racial discrimination and harassment under Title VII and 42 U.S.C. § 1981, following his termination from a training program. Howard alleged discriminatory treatment by his instructors regarding test answers and derogatory remarks, and that his termination for leaving his worksite without proper authorization and insubordination was pretextual. He also claimed other non-African-American trainees were not disciplined similarly. The court granted summary judgment in favor of MTA Metro-North, finding that Howard failed to provide sufficient evidence to create a genuine issue of material fact that the employer's stated non-discriminatory reasons for termination were a pretext for racial discrimination. Subsequently, Howard filed a motion for relief from judgment under Rule 60(b), citing alleged mistakes, fraud by the defendants, and newly discovered evidence concerning other trainees. The court denied this motion, concluding that Howard's arguments were either rearguments of prior points, lacked clear and convincing evidence of fraud, or the "new evidence" was either available during discovery or not sufficiently convincing to warrant relief.

Employment DiscriminationRacial DiscriminationTitle VIISection 1981Summary JudgmentPro Se LitigantMotion to Vacate JudgmentRule 60(b)Pretext for DiscriminationLocomotive Engineer Training Program
References
66
Case No. 03-19-00063-CV
Regular Panel Decision
Mar 18, 2020

Mary Catherine Person v. Martha Pyron

This case concerns a property dispute between next-door neighbors, Mary Catherine Person and Martha Pyron, over a strip of land and the placement of a fence. Person claimed adverse possession of the land and sought an injunction to remove Pyron's fence. Pyron counterclaimed for trespass, seeking declaratory and injunctive relief regarding the property boundary. The dispute originated from the successive erection of three fences, with previous owners of Pyron's lot allowing Person's use of the disputed strip. The district court granted Pyron's motion for summary judgment, denied Person's, and established the property line based on a 2018 survey, ordering Person to remove encroachments. The Third District Court of Appeals affirmed the lower court's decision, ruling that Person failed to prove continuous hostile adverse possession for the statutory ten-year period, as her initial use was permissive and did not become adverse until 2016 or 2017.

Adverse PossessionProperty DisputeBoundary LineSummary JudgmentTrespassInjunctive ReliefReal PropertyFence DisputeTexas LawAppellate Review
References
5
Case No. 526722
Regular Panel Decision
Apr 11, 2019

Matter of Persons v. Halmar Intl., LLC

Claimant Matthew Persons appealed a Workers' Compensation Board decision that found he violated Workers' Compensation Law § 114-a by exaggerating his condition and failing to disclose volunteer firefighter activities, leading to disqualification from future wage replacement benefits. The Appellate Division, Third Department, found the Board's decision was not supported by substantial evidence, as it was based on speculation, surmise, and mischaracterizations of claimant's activities and medical records. The court noted that claimant was forthcoming about his volunteer work and that video surveillance did not conclusively contradict his reported injuries. Consequently, the decision was reversed, and the matter was remitted to the Board for further proceedings.

Workers' Compensation LawFraudExaggerated ConditionVolunteer Firefighter ActivitiesWage Replacement BenefitsSubstantial EvidenceMedical TestimonyPsychiatric DisabilityVideo SurveillanceRemittal
References
6
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