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

Case No. MDL-1206
Regular Panel Decision
May 27, 1999

In re Lease Oil Antitrust Litigation

This order approves eight settlement agreements in the multidistrict litigation, In re Lease Oil Antitrust Litigation, MDL-1206. The litigation involves claims by royalty and working interest owners against major oil companies for systematically underpaying for crude oil by depressing 'posted prices' below market value. The class comprises millions of members across the US, asserting both state law 'Lease Claims' and federal 'Antitrust Claims' of price-fixing. The court addresses jurisdiction, class certification under Rule 23, the fairness and adequacy of the settlements, and issues related to notice, claim procedures, attorneys' fees, and incentive awards.

Antitrust LawClass Action SettlementOil and Gas RoyaltiesMultidistrict LitigationPrice Fixing ConspiracyFairness DoctrineRule 23 CertificationSupplemental JurisdictionDue Process RightsAttorney's Fees Award
References
71
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

Patrick Edward Reeder v. Jo Beth (Curtis) Reeder

This post-divorce action addresses a father's request to reduce child support following the emancipation of the older child. The mother opposed this, citing the younger child's extracurricular expenses and the father's infrequent visitation, and also sought payment for unpaid child support from 2002. The trial court initially granted the father a reduction, established a new parenting plan with reduced visitation, and included an upward deviation in child support for the younger child, while also finding the father in willful civil contempt for the 2002 arrearage. On appeal, the decision was largely affirmed, but the finding of willful contempt was reversed due to the father's injury-related unemployment in 2002. Additionally, the appellate court mandated prejudgment interest on the child support arrearage from 2002 and remanded the case for a determination of the mother's appellate attorney fees.

Post-divorceChild supportChild emancipationParenting plan modificationVisitation rightsUpward deviationChild Support GuidelinesChild support arrearagePrejudgment interestCivil contempt
References
35
Case No. MISSING
Regular Panel Decision
Apr 26, 2016

The Matter of New York City Asbestos Litigation , Doris Kay Dummitt v. A.W. Chesterton , The Matter of Eighth Judicial District Asbestos Litigation , Joann H. Suttner v. A.W. Chesterton Company

This New York Court of Appeals opinion addresses the scope of a manufacturer's duty to warn regarding dangers arising from the use of its product in combination with a third-party product. The Court held that such a duty exists when the third-party product is necessary for the manufacturer's product to function as intended, whether due to design, mechanics, or economic necessity, and the danger is known and foreseeable. Applying this rule, the Court affirmed judgments against Crane Co. in two separate asbestos litigations, finding that Crane had a duty to warn users of its valves about asbestos exposure from third-party sealing components. The decision clarified the balance of risks and costs in products liability law.

Product LiabilityFailure to WarnAsbestos ExposureMesotheliomaManufacturer DutyCombined Product UseForeseeability of HarmEconomic NecessityComponent Parts DoctrineStrict Liability
References
91
Case No. 02 Civ. 5571(RJH)
Regular Panel Decision

In re Vivendi Universal, S.A. Securities Litigation

This Memorandum Opinion and Order addresses defendants' motion for partial summary judgment concerning plaintiffs' standing in a securities litigation against Vivendi Universal S.A., Jean-Marie Messier, and Guillaume Hannezo. The central issue is whether various investment management companies, suing on behalf of investment funds and their investors, possess constitutional standing under the "Huff exception." The court examines the legal structures of numerous foreign investment vehicles from Germany, Luxembourg, France, Belgium, Sweden, Austria, and Denmark. It concludes that most management companies for German, Luxembourgian FCPs, French FCPs, Belgian FCPs, Swedish, and Austrian funds satisfy the Huff exception, denying summary judgment against them. However, the court grants summary judgment against Danish investment companies, finding their relationship with the Associations does not meet the exception's requirements. The opinion also rules that post-filing assignments or substitutions under Rule 17 FRCP can cure standing defects, allowing plaintiffs time to amend their complaints.

Securities LitigationStandingSummary JudgmentInvestment FundsManagement CompaniesArticle III StandingHuff ExceptionRule 17 FRCPClass ActionVivendi Universal
References
18
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. MISSING
Regular Panel Decision

Viviano v. Allard

This case involves a postjudgment application for equitable distribution of a class action settlement by a former wife against her former husband. The parties were divorced in 1984, with all known marital property having been distributed. The husband became a member of a class action lawsuit against Continental Can Company, where his employment was terminated prior to the divorce, leading to a substantial monetary settlement in 1990. The wife, learning of this settlement in 1992, filed for equitable distribution, arguing the proceeds constituted marital property. The Supreme Court ordered a hearing, finding that the settlement proceeds, if known at the time of divorce, would have been considered marital property. The appellate court affirmed this decision, citing unusual circumstances where an asset was unknown to both parties at the time of the divorce, thereby justifying an opportunity for the wife to litigate the issue. The court held that benefits earned during the marriage, even if realized post-divorce, could be subject to equitable distribution.

Divorce LawEquitable DistributionMarital PropertyClass Action SettlementPostjudgment ReliefRes Judicata ExceptionAppellate ReviewUnforeseen AssetsDeferred CompensationFamily Law
References
8
Case No. 01A01-9506-CV-00255
Regular Panel Decision

Vooys v. Turner

The case concerns an appeal by the Husband challenging the trial court's award of post-judgment interest to the Wife on $185,000. These funds were deposited by the Husband with the court clerk as the purchase price for the marital residence, which had been awarded to the Wife. During the initial appeal of the divorce decree, Husband appealed the award of the house and successfully moved to stay execution of the judgment without bond, requesting the funds be placed in an interest-bearing account. After the initial judgment was affirmed, Wife sought post-judgment interest. The trial court granted it, and the Court of Appeals affirmed this decision. The appellate court held that a party depositing funds into court does not avoid statutory post-judgment interest unless the payment is an unconditional satisfaction of the judgment, especially when the depositor appeals and obtains a stay, thus depriving the other party of the funds' use.

Post-judgment interestDivorceAppellate reviewFunds deposited in courtStay of executionMarital propertyAlimony in solidoStatutory interpretationRule 67.03Rule 67.04
References
14
Case No. 00 Civ. 1898, M21-88, MDL 1358
Regular Panel Decision

In Re Methyl Tertiary Butyl Ether Products Liability Litigation

This opinion and order denies Orange County Water District's (OCWD) motion to remand its action to state court. OCWD, a plaintiff in a multidistrict litigation (MDL) involving water contamination by MTBE, argued that its case was improperly removed from state court under bankruptcy statutes. The District Court, presided over by Judge Shira A. Scheindlin, found that OCWD's motion to remand was untimely under 28 U.S.C. § 1447(c) because it was filed more than 30 days after the notice of removal. The court emphasized that improper removal is a procedural defect, waivable if not challenged within 30 days, while a lack of subject matter jurisdiction can be raised at any time. As the court retained core bankruptcy jurisdiction, the motion was denied, highlighting Congress's intent to prevent late-stage forum shopping and ensure efficient litigation in MDLs.

Multidistrict LitigationMTBE ContaminationWater PollutionRemoval JurisdictionSubject Matter JurisdictionBankruptcy LawRemand MotionProcedural DefectWaiver28 U.S.C. 1447(c)
References
25
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