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 The trial court rescinded the conveyances for properties still owned by Hobbs and awarded monetary damages for properties transferred to innocent third parties.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

Hefner v. Grievance Committee for District 1-A

Hefner appealed the dismissal of his suit to set aside a private reprimand issued by the District 1-A Grievance Committee of the State Bar of Texas. The trial court dismissed the suit, asserting a lack of jurisdiction because Hefner did not reside in Dallas County, as per the statute. The appellate court determined that the statutory requirement to file suit in the county of residence was a matter of venue, not jurisdiction. Due to the Grievance Committee's failure to properly challenge venue according to Rule 86 of the Texas Rules of Civil Procedure, the improper venue was waived. Consequently, the appellate court reversed the trial court's dismissal and remanded the case for a trial on the merits of Hefner's reprimand.

VenueJurisdictionWaiverPrivate ReprimandState Bar of TexasTexas Rules of Civil ProcedureTrial Court ErrorReversalRemandAppellate Procedure
References
2
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. 2023 NY Slip Op 04454 [219 AD3d 22]
Regular Panel Decision
Aug 30, 2023

Matter of Afra

Attorney Sam Afra faced four charges of professional misconduct, primarily involving escrow-related issues. The Grievance Committee for the Tenth Judicial District filed a petition alleging misappropriation of funds, maintenance of negative escrow account balances, and payment of personal/business expenses from the escrow account. A Special Referee sustained all four charges. The Court considered mitigating factors like personal hardships and remedial actions, but also aggravating factors such as repeated negative balances and unauthorized withdrawals. Ultimately, the Court ordered Sam Afra's suspension from the practice of law for a period of six months, commencing September 29, 2023.

Professional MisconductEscrow Account ViolationsMisappropriation of FundsAttorney SuspensionFiduciary DutyRules of Professional ConductDisciplinary ActionGrievance CommitteeEthical ViolationFinancial Mismanagement
References
1
Case No. MISSING
Regular Panel Decision

In re Ciervo

The Grievance Committee for the Second, Eleventh, and Thirteenth Judicial Districts brought a charge of professional misconduct against respondent Ralph E. Ciervo for failing to cooperate with investigations regarding complaints from Herbert S. Gulston and Julie Medina. A Special Referee sustained the charge, and the Grievance Committee moved to confirm the report. The respondent admitted to the non-cooperation, citing personal difficulties including job loss, recession impact on his practice, and severe injuries from accidents leading to depression and impaired judgment due to pain medication. The Court granted the motion to confirm the Special Referee’s report and suspended the respondent from the practice of law for one year, with conditions for reinstatement including medical reports on his physical and mental health.

Professional misconductAttorney suspensionGrievance CommitteeFailure to cooperateRules of Professional ConductMitigationMedical conditionMental healthReinstatement conditionsDisciplinary action
References
0
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. 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
Case No. MISSING
Regular Panel Decision

Rattikin Title Co. v. Grievance Committee of State Bar of Texas

The Rattikin Title Company appealed a temporary injunction that barred it from preparing legal instruments or providing legal advice in transactions where it was not a direct party or agent. The Grievance Committee of the State Bar of Texas initiated the injunction, asserting that these activities constituted the unauthorized practice of law. The appellate court affirmed the injunction, upholding the trial court's finding that the title company's actions, even if inadvertent due to intertwined operations with a law firm, were illegal under Texas law. The court reiterated that the 'practice of law' includes conveyancing and advising on legal instruments for consideration, and such acts by a corporation are enjoinable. The decision emphasized that the preservation of status quo in injunction cases involving law violations means ceasing the unlawful acts. The court also upheld the trial judge's discretion in not enjoining the title company from certain actions for mortgage loan companies, classifying it as a novel legal question.

Unauthorized Practice of LawTemporary InjunctionTitle InsuranceLegal InstrumentsCorporate Practice of LawAttorney-Client RelationshipGrievance CommitteeState BarTexas LawAppellate Review
References
11
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