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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

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. MISSING
Regular Panel Decision
May 28, 1993

Suffolk County Democratic Committee v. Gaffney

The New York Supreme Court, Appellate Division, affirmed an order by the Suffolk County Supreme Court, dismissing a lawsuit brought by the Suffolk County Democratic Committee and Dominick J. Baranello. The plaintiffs had challenged the constitutionality of Local Laws, 1993, No. 12, which reapportioned the Suffolk County Legislature. The appellate court upheld the dismissal of claims based on lack of standing for the Committee and Baranello, as well as causes of action under the Municipal Home Rule Law, Voting Rights Act, and Civil Rights Act, citing a lack of applicability or factual support. Furthermore, the denial of a preliminary injunction was affirmed because the plaintiffs failed to demonstrate a likelihood of success on their equal protection claim, despite the reapportionment plan's population deviation being constitutionally suspect.

ReapportionmentStanding DoctrineLocal Government LawConstitutional ChallengeVoting Rights LitigationCivil Rights LitigationEqual Protection ClausePreliminary Injunction DenialSuffolk County LegislatureMunicipal Home Rule
References
24
Case No. MISSING
Regular Panel Decision

Allen v. Official Employment-Related Issues Committee (In Re Enron Corp.)

On February 6, 2003, 176 former Enron employees (Plaintiffs) filed a Complaint for Declaratory Judgment, seeking a court declaration that bonuses received from Enron were valid and non-avoidable. The Official Employment-Related Issues Committee of Enron Corp. (Employee Committee) responded on March 28, 2003, with a Motion to Dismiss the declaratory judgment action. The Court found the Complaint to be an improper use of the Declaratory Judgment Act, as all potential liability had already accrued from past transactions, and plaintiffs failed to demonstrate substantial prejudice or risk of increased liability. Consequently, the Court granted the Motion to Dismiss, thereby dismissing the Plaintiffs' Complaint and the Adversary Proceeding.

Declaratory Judgment ActMotion to DismissBankruptcy CodeBankruptcy CourtEnronEmployee BonusesAvoidable TransfersJurisdictionFirst Filed RuleVenue
References
23
Case No. 03-11-00072-CV
Regular Panel Decision
Aug 06, 2014

State of Texas' Agencies and Institutions of Higher Learning Office of Public Utility Counsel Steering Committee of Cities Served by Oncor Oncor Electric Delivery Company, LLC// Public Utility Commission of Texas v. Public Utility Commission of Texas Office of Public Utility Counsel Steering Committee of Cities Served by Oncor// State of Texas' Agencies and Institutions of Higher Learning Steering Committee

This case is an administrative appeal concerning a final order from the Public Utility Commission (PUC) that increased rates for Oncor Electric Delivery Company, LLC. The Texas Court of Appeals, Third District, at Austin, reviewed the district court's judgment on various regulatory and financial issues. The appellate court affirmed the district court's judgment on eight of twelve issues but reversed and remanded four issues back to the Commission for further proceedings. These reversed issues included the university discount, municipal franchise-fee expenses, the calculation of 'lead days' for the franchise-tax component of cash working capital, and the federal income-tax expense. The court's decision hinged on statutory interpretation and the application of regulatory standards in the context of utility ratemaking.

Electric Utility RegulationRate IncreaseAdministrative LawAppellate ReviewTexas Public Utility CommissionOncor Electric Delivery CompanyState Universities DiscountFranchise TaxFederal Income Tax ExpenseAutomated Metering Systems
References
110
Case No. MISSING
Regular Panel Decision

Official Committee of Unsecured Creditors of LTV Aerospace and Defense Co. v. Official Committee of Unsecured Creditors of LTV Steel Co. (In re Chateaugay Corp.)

The Official Committee of Unsecured Creditors of LTV Aerospace and Defense Company (Aerospace Committee) appealed a Bankruptcy Court's November 5, 1991, order that authorized LTV Steel to make payments to the J & L Hourly Pension Plan. The Aerospace Committee claimed standing based on the potential consolidation of LTV estates, a prospective claim for contribution against LTV Steel, and the effect on their cash distributions. The District Court dismissed the appeal, ruling that the Aerospace Committee lacked standing. The court found their asserted interests too indirect and speculative, emphasizing that a party must be directly and adversely affected pecuniarily by a bankruptcy order to have standing for appeal.

Bankruptcy AppealStanding DoctrinePecuniary InterestCreditors' RightsPension Benefit Guaranty CorporationERISAChapter 11 BankruptcyCorporate ReorganizationJoint and Several LiabilityControlled Group
References
27
Case No. 03-22-00241-CV
Regular Panel Decision
Oct 31, 2023

Texas Political Subdivisions Joint Self-Insurance Fund v. Texas Department of Insurance - Division of Workers' Compensation and Commissioner Cassie Brown in Her Official Capacity

The Texas Political Subdivisions Joint Self-Insurance Fund (TPS Fund) appealed the denial of its plea to the jurisdiction and summary-judgment motion by the 455th District Court of Travis County. The TPS Fund, a self-insured governmental entity, was assessed administrative penalties totaling $132,500 by the Texas Department of Insurance–Division of Workers’ Compensation for violations of the Texas Labor Code related to nonpayment or late payment of workers’ compensation benefits. The TPS Fund asserted governmental immunity from these penalties. The Court of Appeals reviewed the legislative history and prior common law, including Texas Workers’ Comp. Comm’n v. City of Eagle Pass, to determine if immunity was waived. It concluded that the 2019 amendment to Labor Code Section 504.053(e) merely codified existing law, which had already established a clear waiver of immunity for such regulatory actions against self-insured political subdivisions. Therefore, the appellate court affirmed the trial court’s order, holding that the TPS Fund’s governmental immunity is waived for the administrative penalties.

Workers' CompensationGovernmental ImmunityAdministrative PenaltiesTexas Labor CodeSelf-InsurancePolitical SubdivisionsStatutory InterpretationAppellate ReviewRegulatory AuthoritySovereign Immunity
References
13
Case No. 91 Civ. 8373 (DNE)
Regular Panel Decision
Jul 07, 1992

In Re Chateaugay Corp.

This case involves an appeal by the Official Committee of Unsecured Creditors of LTV Aerospace and Defense Company (Aerospace Committee) from a Bankruptcy Court order. The order authorized LTV Steel Company, Inc. to make payments to a pension plan. The LTV Corporation and its affiliates had filed for Chapter 11 bankruptcy in 1986, with cases procedurally but not substantively consolidated. The Aerospace Committee claimed standing to appeal, arguing potential impact from a future unitary reorganization plan, a claim for contribution, and effects on cash distributions. The District Court dismissed the appeal, finding that the Aerospace Committee lacked standing because its pecuniary interests were not directly and adversely affected, and its arguments were speculative.

Bankruptcy AppealStandingPecuniary InterestUnsecured Creditors CommitteePension Plan FundingERISAControlled Group LiabilityChapter 11 ProceedingsProcedural ConsolidationSubstantive Consolidation
References
29
Case No. 01 Civ. 2254
Regular Panel Decision
Apr 30, 2004

Roane v. Greenwich Swim Committee

This tort action stems from injuries sustained by Stephen Roane during a one-mile swim event in Long Island Sound and a subsequent rescue attempt. Plaintiffs, Stephen and Margot Roane, sued the event organizer Greenwich Swim Committee (GSC), boat owner Walter McDermott, and boat manufacturer S2 Yachts, Inc. The court applied general maritime law. It granted S2's motions to preclude plaintiffs' expert witness and for summary judgment, finding the expert's methodology unreliable regarding design defects. However, the court denied GSC and McDermott's motion for summary judgment and granted the plaintiffs' cross-motion to strike their affirmative defenses of waiver and assumption of risk, deeming the waiver unenforceable and assumption of risk inapplicable in admiralty law. The case will proceed to trial against GSC and McDermott.

Maritime LawAdmiralty JurisdictionSummary JudgmentExpert Witness TestimonyDaubert StandardRule 702NegligenceProduct LiabilityWaiver of LiabilityAssumption of Risk
References
37
Case No. MISSING
Regular Panel Decision

Weiss v. American Jewish Committee

Plaintiffs Rabbi Avi Weiss and Rosa Sacharin, descendants of Holocaust victims, sued The American Jewish Committee (AJC) to halt the construction of a memorial trench at the Belzec death camp in Poland, funded by defendant AJC. Plaintiffs argued the trench violated Jewish law (Halacha) and international law, specifically the Alien Tort Claims Act (ATCA) for Sacharin, and intentional/negligent infliction of emotional distress for Rabbi Weiss. The Court, citing Sosa v. Alvarez-Machain, determined that the international conventions referenced by Sacharin (Protocol I and ICCPR) did not establish sufficiently definite or universally accepted legal obligations to prohibit the trench construction. Consequently, Sacharin's ATCA claim was dismissed, and Rabbi Weiss's state law claims were remanded to New York State Supreme Court due to the dismissal of the federal cause of action.

Holocaust MemorialBelzecAlien Tort Claims ActInternational Humanitarian LawJewish Religious LawHalacha ViolationDesecration of GravesEmotional DistressSubject Matter JurisdictionJudicial Discretion
References
12
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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