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

Case No. 03-21-00120-CV
Regular Panel Decision
Feb 24, 2022

Brian Manley, Chief of Austin Police Department Brian Manley, Individually Commander Mark Spangler, Austin Police Department Lt. Jerry Bauzon, Austin Police Department Officer Benjamin Bloodworth, Austin Police Department Officer Collin Fallon, Austin Police Department Sgt. Eric Kilcollins, Training Coordinator, Austin Police Academy And Officer Shand, Lead Instructor, Stress Reaction Training, Austin Police Academy v. Christopher Wise

Christopher Wise, a former Austin Police Academy cadet, sued Brian Manley (APD Chief) and six other APD officers after sustaining severe injuries, including heat exhaustion and stroke, during a stress reaction training in October 2018. Wise alleged that officers intentionally discouraged cadets from hydrating despite high temperatures and failed to provide timely medical aid. The defendants sought dismissal under the Texas Tort Claims Act's election-of-remedies provisions. The district court dismissed claims against the City of Austin and APD but not against the individual officers. The appellate court reversed the district court's decision, ruling that Wise's claims against the individual officers were based on conduct within the scope of their employment and could have been brought under the TTCA, thus mandating their dismissal.

Texas Tort Claims ActGovernmental ImmunityElection of RemediesScope of EmploymentPolice MisconductCadet InjuryHeat IllnessSupervisor NegligenceAppellate CourtReversal
References
25
Case No. 03-01-00187-CV
Regular Panel Decision
Jan 10, 2002

Power Resource Group, Inc. v. Public Utility Commisison of Texas and Texas-New Mexico Power Company

This appeal concerns Power Resource Group, Inc.'s challenge to the Public Utility Commission of Texas's interpretation of rule 23.66, which governs the obligation of electric utilities to purchase energy and capacity from qualifying facilities (QFs). Power Resource argued that utilities must contract with QFs within 90 days of notification, irrespective of the QF's ability to deliver power within that period. The Commission asserted that a legally enforceable obligation only arises if the QF can provide energy within 90 days. The Texas Court of Appeals affirmed the district court's judgment, upholding the Commission's interpretation as reasonable and not preempted by federal law, and denied Power Resource's contract and fraud claims against Texas-New Mexico Power Company.

Public Utility CommissionElectric UtilitiesQualifying Facilities (QF)PURPAEnergy Purchase ObligationAdministrative Rule InterpretationStatutory InterpretationContract LawFraud ClaimsSummary Judgment
References
39
Case No. 07-14-00405-CV
Regular Panel Decision
Aug 20, 2014

City of Plainview Texas, William Mull, in His Official Capacity as Chief of Police of the City of Plainview Police Department, and Ken Coughlin, Capacity as Chief of Police of the City of Plainview Police Department v. Korey Ferguson

Korey Ferguson, a police officer for the City of Plainview, Texas, was terminated after an alleged incident of excessive force involving citizen Amber Washington. Ferguson contended that the City violated Texas Government Code Sections 614.023(a) and (b) by failing to provide him with a copy of Washington's signed complaint before taking disciplinary action. The Trial Court ruled in favor of Ferguson, ordering his reinstatement with back pay, based on the belief that noncompliance with the statute mandated this remedy. The City of Plainview is appealing this decision, arguing that reinstatement is not a mandatory remedy for the statutory violation, that the evidence at trial was insufficient to support Ferguson's reinstatement given his unfitness as an officer, and that the order to reinstate him is against public policy.

Police MisconductExcessive ForceReinstatementDue ProcessStatutory ComplianceTexas Government CodeCivil ServiceAdministrative LawPublic PolicyAppellate Review
References
33
Case No. 2025 NY Slip Op 00258
Regular Panel Decision
Jan 16, 2025

Scaletta v. Michels Power, Inc.

Brandon Scaletta, a helicopter lineman, sued Michels Power, Inc., the general contractor, after sustaining serious injuries when the helicopter he was working outside of crashed. Plaintiff alleged negligence and violations of New York Labor Law. Defendant sought dismissal, arguing plaintiff's claims were preempted by the Federal Aviation Act, which occupies the field of air safety. The Supreme Court denied dismissal, ruling the helicopter functioned as construction equipment. The Appellate Division affirmed, holding that the claims arose from the state's police power over occupational health and safety, not air safety, and did not conflict with federal regulations. A dissenting opinion argued the accident was inextricably linked to air safety, warranting federal preemption.

Federal PreemptionAir SafetyLabor LawNegligenceOccupational Health and SafetyAppellate DivisionHelicopter AccidentConstruction WorkGeneral Contractor LiabilityWorkplace Safety
References
25
Case No. 03-96-00130-CV
Regular Panel Decision
Jun 26, 1997

Milton O'Bryant Leonard Hendon, Jr. Jimmie Cross Joe Ortiz And Marvin Rasco v. City of Midland Richard L. Czech, Individually and in His Official Capacity as Chief of Police, City of Midland Police Department And J. W. Marugg, Individually and in His Official Capacity as Lieutenant, City of Midland Police Department

Several police officers sued their employer, the City of Midland, and supervisors for alleged unlawful employment practices, including retaliation due to their disabilities and prior lawsuits. The trial court granted summary judgment for the defendants. The appellate court affirmed the summary judgment regarding claims of tortious interference, intentional infliction of economic injury, and requests for back pay for constitutional violations. However, it reversed and remanded the judgment concerning official and derivative sovereign immunity, intentional infliction of emotional distress, reinstatement for constitutional violations, and breach of a duty of good faith and fair dealing, finding genuine issues of material fact. The court also vacated and dismissed the Texas Labor Code claims due to a lack of subject matter jurisdiction.

Official ImmunitySovereign ImmunityEmployment LawRetaliation ClaimsDisability DiscriminationSummary Judgment ReversalTexas Constitutional RightsIntentional Infliction of Emotional DistressDuty of Good Faith and Fair DealingTortious Interference with Contract
References
32
Case No. 2022 NY Slip Op 06241 [210 AD3d 765]
Regular Panel Decision
Nov 09, 2022

Matter of City of Yonkers v. Police Benevolent Assn. of the City of Yonkers

The City of Yonkers appealed an order that confirmed an arbitration award in favor of the Police Benevolent Association of the City of Yonkers. The dispute stemmed from the City's unilateral reduction of police officer overtime hours, which violated an oral agreement to maintain a 60-hour overtime cap. The Supreme Court granted the respondent's motion to confirm the arbitration award, which directed the City to rescind the 2018 policy and restore the 2011 policy. The Appellate Division affirmed the Supreme Court's order, concluding that the arbitration award did not violate strong public policy, was not irrational, and did not exceed the arbitrator's power, as it was based on a reasonable interpretation of the collective bargaining agreement.

Collective Bargaining AgreementArbitration AwardOvertime PolicyPublic Employment Relations BoardImproper Practice ChargeAppellate ReviewJudicial Review of ArbitrationVacaturConfirmation of AwardMunicipal Law
References
8
Case No. MISSING
Regular Panel Decision

Sosa v. Central Power & Light Co.

The Sosas sued Central Power & Light, Houston Power & Light, and General Electric for the wrongful death of Mr. Sosa, alleging liver disease from toxic chemical exposure in the early 1970s. Mr. Sosa died on June 1, 1991, and the Sosas filed suit on June 1, 1993. The defendants moved for summary judgment based on the statute of limitations, arguing the Sosas' First Amended Original Petition's allegations showed Mr. Sosa was incapacitated for twenty years, implying knowledge of injury. The Sosas attempted to file a Second Amended Original Petition without leave of court to invoke the discovery rule, but it was struck as untimely. The appellate court affirmed the trial court's judgment, holding the Second Amended Original Petition was untimely, leave to file was properly denied, the First Amended Original Petition's allegations constituted judicial admissions, and thus, the limitations defense barred the claim as Mr. Sosa was aware of his injuries more than four years prior to his death.

Wrongful DeathStatute of LimitationsSummary JudgmentAmended PleadingDiscovery RuleJudicial AdmissionsToxic ExposureLiver DiseaseAppellate ReviewTexas Civil Procedure
References
24
Case No. E2015-02226-COA-R9-CV
Regular Panel Decision
Aug 19, 2016

Sandra Clark v. Christopher Powers

This interlocutory appeal addresses whether an automobile accident claim was barred by the statute of limitations due to non-compliance with service of process rules. Plaintiffs, Sandra and Sandy Clark, and defendant Christopher Powers's insurer, The General, had an agreement to defer service during settlement talks. Powers's underinsured motorist carrier, Allstate, later 'fronted' The General's policy limit to protect its subrogation rights. After the limitations period, Powers and Allstate moved for dismissal, but the trial court denied summary judgment based on equitable estoppel. The appellate court affirmed the denial, concluding that the agreement to forbear service was valid and ongoing, thus excusing the lack of formal service on Powers at the time the motion was filed.

Automobile AccidentStatute of LimitationsService of ProcessEquitable EstoppelSettlement NegotiationsUnderinsured Motorist CoverageSubrogation RightsSummary JudgmentInterlocutory AppealTennessee Rules of Civil Procedure
References
21
Case No. MISSING
Regular Panel Decision

Powers v. Fox Television Stations, Inc.

Steve Powers, a former television reporter, initiated an age discrimination lawsuit against Fox Television Stations, Inc. following his employment termination in 1992, citing violations of New York State and City human rights laws. Fox subsequently removed the case to federal court and moved to compel arbitration, referencing an arbitration clause within Powers' 1992 employment agreement, and to stay the ongoing action. Powers contended that his employment contract was exempt from the Federal Arbitration Act (FAA) and that his claims fell outside the arbitration clause's scope. The court, relying on Second Circuit precedents, disagreed with Powers' interpretation, concluding that the FAA's employment contract exclusion was limited to the transportation industry and that the broadly worded arbitration clause encompassed the dispute. Consequently, the court granted Fox's motions, compelling arbitration and staying the civil action.

Age DiscriminationEmployment ArbitrationFederal Arbitration ActContract LawStatutory InterpretationMotion to CompelStay of ProceedingsSecond Circuit PrecedentNew York Human Rights LawArbitration Clause Scope
References
12
Case No. 2015 NY Slip Op 06425 [131 AD3d 461]
Regular Panel Decision
Aug 05, 2015

Power v. Frasier

Joseph Power, an employee of the New York City Transit Authority, and his wife, sought damages for personal injuries sustained when Power was struck by a vehicle driven by coemployee John Frasier in a parking lot. Power had received workers' compensation benefits for his injuries. The defendants, John Frasier and his father Edward M. Frasier, moved for summary judgment, arguing the action was barred by the exclusivity provisions of the Workers' Compensation Law. The Supreme Court granted their motion, and the Appellate Division affirmed, holding that the Workers' Compensation Law provides an exclusive remedy when both parties are coemployees acting within the scope of their employment. Since John Frasier was found to be acting within the scope of his employment, he was immune from direct liability, and his father could not be held vicariously liable.

Personal InjuryWorkers' Compensation LawExclusivity ProvisionsCoemployee ImmunitySummary JudgmentVicarious LiabilityScope of EmploymentParking Lot AccidentAppellate ReviewStatutory Interpretation
References
15
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