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

Case No. 09-3356
Regular Panel Decision

Placid Oil Co. v. Williams (In re Placid Oil Co.)

This Revised Memorandum Opinion and Order addresses cross-motions for summary judgment in an adversary proceeding initiated by Placid Oil Company, a reorganized debtor from a 1980s Chapter 11 bankruptcy. Placid sought a determination that post-confirmation tort claims, filed by the Williams Defendants (Post-Confirmation Tort Claimants) in Louisiana state court for asbestos exposure, were discharged by Placid's 1988 bankruptcy confirmation order. The claims arose from the death of Mrs. Myra Williams due to mesothelioma, allegedly caused by indirect asbestos exposure from her husband's work clothes while he was employed by Placid at its Black Lake Facility pre-confirmation. Applying the 'pre-petition relationship test,' the bankruptcy court found that Mrs. Williams' exposure constituted a pre-petition 'claim' and that the Post-Confirmation Tort Claimants were 'unknown creditors.' Concluding that constructive notice via newspaper publication was sufficient for these unknown creditors and that appointing a future claims representative was not warranted, the court granted summary judgment in favor of Placid, discharging the tort claims.

Bankruptcy DischargeAsbestos ExposurePost-Confirmation ClaimsUnknown CreditorsDue Process NoticeSummary JudgmentPre-petition Relationship TestMesotheliomaTort LiabilityChapter 11 Reorganization
References
29
Case No. DC-13-04564-L
Regular Panel Decision
Apr 16, 2015

in Re: Island Hospitality Management, Inc., Post Properties, Inc. and Post Addison Circle Limited Partnership

Plaintiff Jane Doe filed a lawsuit alleging sexual assault and related damages, including mental anguish. Her designated psychologist, Dr. William Flynn, conducted a mental examination. Defendants Island Hospitality Management, Inc., Post Properties, Inc., and Post Addison Circle Limited Partnership sought an independent psychological examination of the plaintiff by their expert, Dr. Lisa Clayton. The district court initially denied this motion, and subsequently denied the defendants' joint motion for reconsideration. This mandamus record documents the appellate review of this discovery dispute.

Sexual AssaultMental AnguishPsychological ExaminationDiscovery DisputeForensic PsychologyPremises LiabilityMandamus PetitionCivil ProcedureExpert WitnessTexas Law
References
59
Case No. MISSING
Regular Panel Decision
May 01, 2005

In Re Balderas

This decision addresses post-confirmation attorneys' fees in Chapter 13 bankruptcy cases, using the Balderas case as a factual background. The debtors in the Balderas case sought modification of their plan due to payment defaults and requested $350 in attorney's fees for the motion. The court outlines the history of the Balderas' numerous modifications, moratoriums, and associated attorney fee awards, totaling $3,495, highlighting how these fees were paid out of plan distributions at the expense of creditors. The court analyzes sections 1326(b)(1) and 330(a)(4)(B) of the Bankruptcy Code to determine the reasonableness and payment method of such fees. Ultimately, the court establishes new rules for post-confirmation attorney fee awards in the Western District of Texas, San Antonio Division, including a $2,500 prima facie base fee, a $100 per month payment rate for additional fees, and specific guidelines for various types of motions. The current $350 fee request for the Balderas case's moratorium is approved but with caution against future similar requests.

BankruptcyChapter 13Attorneys' FeesPost-Confirmation FeesPlan ModificationCreditor DistributionsSecured ClaimsAdministrative ExpensesDebtor RepresentationFeasibility
References
26
Case No. MISSING
Regular Panel Decision

Hansen v. Post

The petitioner, a child protective worker, sought custody of Christopher Post, whose parents, Rose and William Post, had a documented history of child abuse and neglect, leading to the removal of seven other children from their care. Christopher had also been involved in two prior neglect proceedings. The parents exhibited severe deficiencies in parenting skills, an inability to address Christopher's emotional disturbances, and a history of rejecting assistance. After voluntarily placing Christopher with the petitioner, who became his psychological parent, they abruptly cut off contact. The Family Court found extraordinary circumstances, justified judicial intervention, and granted custody to the petitioner, a decision which the appellate court subsequently affirmed.

Custody DisputeParental UnfitnessChild NeglectExtraordinary CircumstancesFamily Court Act Article 6Child Protective ServicesAppealParental RightsPsychological ParentEmotional Disturbance
References
5
Case No. 04-15-00433-CV
Regular Panel Decision
Sep 17, 2015

Texas Commission on Environmental Quality & Post Oak Clean Green, Inc. v. Guadalupe County Groundwater Conservation District

This is an opening brief from the Texas Commission on Environmental Quality (TCEQ) and Post Oak Clean Green, Inc. (Post Oak), appealing the denial of their plea to the jurisdiction by the 2nd 25th Judicial District Court, Guadalupe County. The case concerns the Guadalupe County Groundwater Conservation District's (the District) suit seeking a declaration that Post Oak's proposed landfill violates District Rule 8.1, even though Post Oak's permit application is still under review by the TCEQ. Appellants argue that the District's claim is not ripe, is impermissibly redundant of judicial review remedies, and that the District lacks standing due to a non-redressable injury. They contend that the TCEQ has exclusive or primary jurisdiction over landfill permitting and that District rules cannot supersede a TCEQ permit. The brief requests reversal of the trial court's order and dismissal of the District's suit.

Environmental LawLandfill PermittingGroundwater ConservationJurisdiction DisputeAdministrative LawDeclaratory Judgment ActRipeness DoctrineStanding (Law)Exclusive JurisdictionPrimary Jurisdiction
References
195
Case No. ADJ9582137
Regular
Sep 20, 2016

SHERYL FEVOLD MILTON vs. COUNTY OF TULARE

This case involves a worker injured in an industrial accident, sustaining shoulder injuries and bilateral carpal tunnel syndrome. The defendant employer sought to delay mandated home modifications until post-surgery recovery, arguing they weren't medically necessary. However, the court found that the modifications were primarily necessitated by the shoulder injuries, not the carpal tunnel syndrome. Medical experts and an occupational therapist confirmed the need for these modifications to enable the applicant's return to independent living and work. Therefore, the defendant's petition for reconsideration was denied, upholding the order for home modifications.

home modificationspermanent and stationarycarpal tunnel release surgerybilateral shouldersrotator cuff tearT-12 paraplegicoccupational therapistcertified aging-in-place specialistskilled nursing facilityindependent living
References
0
Case No. MISSING
Regular Panel Decision

Matter of Computerized Steel Fabricators, Inc.

The reorganized Chapter XI debtor, Computerized Steel Fabricators, Inc., initiated a motion to hold Pension Fund Iron Workers Local 455 in contempt. Computerized argued that its Chapter XI confirmation order discharged any potential withdrawal liability under the Multiemployer Pension Plan Amendments Act of 1980 (MPPAA), which the Pension Fund was attempting to collect post-confirmation. However, the court determined that Computerized's collective bargaining agreement was not rejected during bankruptcy and remained in effect, and thus the withdrawal liability arose in June 1982, post-confirmation, when Computerized ceased operations. The court held that this post-confirmation claim was not provable or dischargeable under the Bankruptcy Act and that the MPPAA's application was constitutional and not retroactive. Consequently, the application to hold the Pension Fund in contempt was denied.

BankruptcyChapter XIContemptMPPAAERISAWithdrawal LiabilityCollective Bargaining AgreementPost-confirmation ClaimsDischargeExecutory Contract
References
15
Case No. No. 06-03609, No. 06-03654
Regular Panel Decision

Padilla v. Wells Fargo Home Mortgage, Inc. (In Re Padilla)

This case addresses how the Bankruptcy Code and Federal Rules of Bankruptcy Procedure affect a mortgage lender's right to collect 'Reimbursable Expenses' in Chapter 13 bankruptcy cases. The Court examined the collection of such expenses both pre- and post-confirmation of a Chapter 13 plan. It held that Bankruptcy Rule 2016(a) governs the collection of these expenses by mortgage lenders in Chapter 13 cases, both pre and post-confirmation. The Court determined that while Section 506(b) limits pre-confirmation expenses for oversecured creditors, it does not apply post-confirmation. Furthermore, the Court found that failure to comply with Rule 2016(a) or the imposition of unauthorized expenses would entitle a debtor to relief, but that such conduct does not violate the automatic stay. The cross-motions for partial summary judgment were denied due to insufficient evidence regarding actual collection of disputed charges.

Bankruptcy LawChapter 13Mortgage ServicingReimbursable ExpensesAttorney FeesBankruptcy ProcedureRule 2016(a)Section 506(b)Plan ConfirmationAutomatic Stay
References
86
Case No. MISSING
Regular Panel Decision

Kaczor v. City of Buffalo

Walter Kaczor, a retired Buffalo Police Officer, sued the City of Buffalo and its officers for age discrimination under the ADEA and New York State Human Rights Law, alleging he was not reinstated due to his age. A jury found the defendants willfully discriminated against Kaczor. Defendants filed post-trial motions challenging the sufficiency of evidence, jurisdictional issues, and damages computation. The court denied defendants' motions for judgment notwithstanding the verdict on liability and willfulness, finding ample evidence to support the jury's findings, including direct evidence of age discrimination. The court also denied motions to dismiss Kaczor's ADEA and pendent state law claims, confirming jurisdiction despite complex interplays between federal and state filing requirements. Issues related to the excessiveness of damages were referred to a Magistrate for settlement negotiations.

Age Discrimination in Employment Act (ADEA)New York State Human Rights LawPost-Trial MotionsWillful DiscriminationJudgment Notwithstanding the Verdict (JNOV)Procedural RequirementsJurisdictional IssuesElection of RemediesDamagesEmotional Distress
References
24
Case No. MISSING
Regular Panel Decision
Jun 17, 1996

Suffolk County Water Authority v. Local 393, Utility Workers Union of America

The Suffolk County Water Authority appealed a Supreme Court judgment that confirmed an arbitration award. The arbitration award had modified a penalty imposed by the Authority on an employee from dismissal to a one-year suspension for disconnecting a water meter. The Authority argued this modification violated public policy. The Appellate Division affirmed the Supreme Court's judgment, concluding that the Authority failed to establish public policy considerations or its own rules warranting court intervention to vacate the award.

Arbitration Award VacaturEmployee DisciplinePublic Policy ChallengeAppellate Court DecisionCPLR 7511Judicial Review of ArbitrationSuffolk CountyEmployee MisconductWater AuthorityArbitrator's Power
References
5
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