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 The trial court rescinded the conveyances for properties still owned by Hobbs and awarded monetary damages for properties transferred to innocent third parties.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

Matter of John Z.

This case involves an appeal from an order recommitting the respondent to petitioner's custody due to a dangerous mental disorder. The respondent, with a history of multiple killings and a prior finding of not guilty by reason of mental disease or defect, had his parole revoked after exhibiting aggressive and threatening behavior upon conditional release. The Supreme Court determined he suffered from Antisocial Personality Disorder with narcissistic and paranoid features, which was deemed a dangerous mental disorder justifying civil confinement under CPL 330.20. The appellate court affirmed, rejecting the argument that the diagnosis was legally insufficient and upholding the finding of current dangerousness based on expert testimony, the respondent's history of violence, and his lack of insight into his condition.

dangerous mental disordercivil confinementantisocial personality disordernarcissistic featuresparanoid featuresCPL 330.20recommitmentmental illnessparole revocationexpert testimony
References
10
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. 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. 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. 13-ev-3288; 13-cv-4244
Regular Panel Decision

Alzheimer's Disease Resource Center, Inc. v. Alzheimer's Disease & Related Disorders Ass'n

This case involves two related lawsuits stemming from the disaffiliation of the Alzheimer’s Disease Resource Center, Inc. (ADRC) from the Alzheimer’s Disease and Related Disorders Association (the Association). In case 13-ev-3288, ADRC alleged unfair competition, false advertising, and other claims. The Court denied dismissal for false advertising under the Lanham Act, New York General Business Law § 349, and unjust enrichment, but granted dismissal for trademark infringement, common law unfair competition, UCC violations, conversion, tortious interference, and fraud. In case 13-cv-4244, ADRC alleged breach of contract and misappropriation of trade secrets related to donor lists. The Court granted the Association's motion to dismiss this complaint in its entirety. Punitive damages were stricken for Lanham Act and unjust enrichment claims.

Unfair CompetitionLanham ActFalse AdvertisingTrademark InfringementNew York General Business Law § 349Unjust EnrichmentMotion to DismissBreach of ContractTrade Secret MisappropriationConversion
References
55
Case No. 01-22-00313-CV
Regular Panel Decision
May 16, 2024

Team Industrial Services, Inc. v. Kelli Most, Individually and as Personal Representative of the Estate of Jesse Henson

Kelli Most, individually and as personal representative of the estate of Jesse Henson, sued Team Industrial Services, Inc. for wrongful death and survival claims after Henson died from severe burns sustained in a steam release at a Kansas power plant. Most alleged Team was negligent in servicing pressure relief valves. The jury found Team 90% negligent and Westar (Henson's employer) 10% negligent, awarding Most $222 million in damages. On appeal, Team challenged the trial court's denial of its motion to dismiss for forum non conveniens and its refusal to apply Kansas law, which has limits on non-economic damages and different joint and several liability rules. The appellate court found that Kansas law should have been applied for proportionate responsibility and wrongful death damages caps, and that the jury's non-economic damages award was excessive due to improper arguments. The court also determined that all forum non conveniens factors favored dismissal to Kansas, vacating the judgment and dismissing the case.

Wrongful DeathSurvival ActionNegligence (Corporate)Forum Non ConveniensChoice of Law (Conflicts)Damages CapsComparative NegligenceExcessive DamagesAppellate Court DecisionIndustrial Safety
References
74
Case No. 04-19-00485-CV
Regular Panel Decision
Feb 03, 2021

Rob Jennings, III and El Veleno, Ltd. v. Susan Jennings, Tres Mujeres, Ltd., and Pamela J. Person

This case involves a dispute over a Rule 11 Settlement Agreement to dissolve a limited partnership and partition the Mira Flores Ranch. Appellants, Rob Jennings III and El Veleño, Ltd., repudiated the Agreement. Appellees, Susan Jennings, Tres Mujeres, Ltd., and Pamela J. Person, filed a motion for summary judgment on their breach of contract action and sought specific performance. The trial court granted the motion, ordered specific performance, and severed the order. The appellate court affirmed the trial court's order, concluding that the Agreement was an enforceable contract and that the Appellants had waived the forty-five-day deadline for executing dissolution documents.

Partnership DisputeSettlement AgreementBreach of ContractSpecific PerformanceSummary JudgmentAppellate ReviewContract InterpretationMaterial TermsTimely PerformanceWaiver
References
66
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