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

Case No. 21-0676
Regular Panel Decision
Jun 07, 2024

Steve Huynh, Individually Yvonne Huynh, Individually Huynh Poultry Farm, LLC D/B/A Steve Thi Huynh Poultry Farm D/B/A Huynh Poultry Farm T & N Poultry Farm, LLC Thinh Bao Nguyen, Individually Timmy Huynh Poultry Farm Timmy Huynh, Individually And Sanderson Farms, Inc. v. Frank Blanchard, Angelia Snow, Tanya Berry, Kimberly Riley, John Miller, Amy Miller, Chad Martinez, Emily Martinez, Mersini Blanchard, Malakoff Properties, LLC, and Ronny Snow

This case originated from a nuisance suit brought by neighbors against two large poultry farms in Henderson County, Texas, operated by the Huynh family and Sanderson Farms, Inc. The neighbors alleged persistent, offensive odors constituting a nuisance. A jury initially found a temporary nuisance, leading the trial court to issue a permanent injunction that effectively shut down the farms. The Supreme Court of Texas affirmed the entitlement to permanent injunctive relief, agreeing that harm was imminent and legal remedies inadequate. However, it reversed the trial court's injunction in part, finding it overly broad for completely halting operations and imposing a wide geographic ban, and remanded the case for a more tailored injunction.

Nuisance LawPoultry FarmingEnvironmental RegulationsInjunctive ReliefProperty RightsOdor NuisanceTemporary NuisancePermanent NuisanceBalancing EquitiesJudicial Discretion
References
108
Case No. MISSING
Regular Panel Decision

In re Paragon Process Service, Inc.

Paragon Process Service, Inc. appealed a decision by the Unemployment Insurance Appeal Board, which held the company responsible for unemployment insurance contributions for its process servers from 1978 to 1980. Paragon contended that these process servers were independent contractors, not employees, over whom it exercised no control beyond legal requirements. The court, referencing precedents like *Matter of 12 Cornelia St. (Ross)*, determined that the Board lacked a rational basis for classifying the process servers as employees. Consequently, the court reversed the Board's decision. The matter was then remitted to the Unemployment Insurance Appeal Board for further proceedings consistent with this new finding.

Unemployment insuranceIndependent contractorProcess serversEmployer liabilityEmployee classificationAppellate reviewAdministrative decisionRational basis reviewLabor lawNew York law
References
2
Case No. MISSING
Regular Panel Decision

Steuben Foods, Inc. v. GEA Process Engineering, Inc.

Plaintiff Steuben Foods, Inc. initiated a patent infringement lawsuit against Defendants GEA Process Engineering and GEA Procomac S.p.A., alleging infringement of United States Patent No. 6,209,591. The case involved motions for summary judgment filed by the Defendants, which were subject to reports and recommendations by a Magistrate Judge. Following Plaintiff's objections to the Magistrate Judge's second Report and Recommendation, the District Court reviewed the matter de novo. The Court ultimately denied Plaintiff's objections and adopted the Magistrate Judge's recommendation, granting Defendants' amended motion for summary judgment. The decision hinged on the proper construction of the patent claim term "into," which the Court found to imply the possibility of contact with the contents of a region, a condition not met by the accused product.

Patent InfringementSummary JudgmentClaim ConstructionFederal Rules of Civil ProcedureMagistrate JudgeReport and RecommendationObjectionsSterile RegionsValve Activation MechanismAseptic Processing
References
12
Case No. MISSING
Regular Panel Decision

General Textile Printing & Processing Corp. v. Expromtorg International Corp.

The case involves a breach of contract action filed by General Textile Printing & Processing Corp. (GTP), a Connecticut corporation with offices in New York City, against Expromtorg International Corp. and its president, Guennadi Razouvaev, both Michigan residents. The defendants moved to stay the litigation in favor of arbitration, citing an arbitration clause in the original sales notes (OSN), and also sought to dismiss claims against Razouvaev for lack of personal jurisdiction. Plaintiff GTP opposed these motions and filed a cross-motion to stay arbitration, arguing that a later, unsigned settlement stipulation had supplanted the arbitration agreement and that defendants had waived their right to arbitrate through litigation. The Court denied the motion to dismiss Razouvaev, finding a prima facie case for piercing the corporate veil based on alleged fraudulent conduct. Ultimately, the Court denied GTP's cross-motion, ruling that the arbitration agreement in the OSN remained effective and that no waiver of arbitration had occurred, thus granting defendants' motion to stay the entire action pending arbitration.

Breach of ContractArbitrationPersonal JurisdictionCorporate Veil PiercingWaiver of ArbitrationDiversity JurisdictionFederal Arbitration ActSales NotesSettlement StipulationAlter Ego Doctrine
References
50
Case No. MISSING
Regular Panel Decision

Zorn v. Local 662, Salesmen & Poultry Workers Union

This case involves a motion for a temporary injunction filed by Zorn’s Poultry Farms against Local 662, seeking to halt picketing activities. The plaintiff, Peter Zorn, claimed the picketing began after he refused the union's request for recognition, asserting his 17 employees were not union members. The defendants countered that their actions were peaceful and aimed at organizing employees. Given the plaintiff's intention to approach the National Labor Relations Board, the court inferred interstate commerce involvement. Citing established precedent (Dooley v. Anton), the court concluded that state courts should defer jurisdiction to the NLRB in matters concerning unfair labor practices. Consequently, the court denied the injunctive relief and vacated the previously issued stay.

InjunctionPicketingLabor DisputeUnion OrganizingNLRB JurisdictionState Court JurisdictionFederal PreemptionUnfair Labor PracticesInterstate CommerceCollective Bargaining
References
6
Case No. MISSING
Regular Panel Decision
Nov 19, 2018

Golden Spread Coop., Inc. v. Emerson Process Mgmt.

Plaintiff Golden Spread Cooperative, Inc. (joined by intervenor Westport Insurance Company) sued defendant Emerson Process Management Power & Water Solutions, Inc. for damages arising from a defective distributed control system (DCS) supplied by Emerson. The DCS, installed in Golden Spread's Unit 3 steam turbine, allegedly contained a logic error that caused the turbine to overheat and suffer extensive friction damage. Emerson moved for summary judgment, arguing that Golden Spread's claims for breach of contract, breach of express warranty, negligence, and strict product liability were barred by the contract's exclusive repair-or-refund remedy and the economic loss rule. The Magistrate Judge recommended granting summary judgment for Emerson, concluding that Golden Spread's acceptance of the DCS limited it to warranty claims which Emerson had fulfilled, and that the economic loss rule precluded tort recovery as the damage was to an integrated product, not 'other property.' The Senior Judge adopted these findings and recommendations, granting summary judgment in favor of Emerson.

Economic Loss RuleSummary JudgmentContract LawTort LawBreach of ContractBreach of WarrantyStrict Product LiabilityNegligenceComponent PartIntegrated Product
References
95
Case No. 15-25-00003-CV
Regular Panel Decision
Dec 20, 2024

Lone Star NGL Product Services LLC, (In Its Own Capacity and as Assignee) v. EagleClaw Midstream Ventures LLC and CR Permian Processing, LLC

This is a joint petition for a permissive interlocutory appeal stemming from an order by the Texas Business Court, Eleventh Division. The underlying lawsuit, filed in Harris County in May 2021, involves Lone Star NGL Product Services LLC (and its assignees) against EagleClaw Midstream Ventures LLC and CR Permian Processing, LLC, concerning natural gas purchase agreements. The parties entered a 'Subsequent Agreement' on September 13, 2024, to bring their dispute to the Texas Business Court, leveraging a statutory provision for jurisdiction by agreement. They filed a Joint Notice of Removal, but the Trial Judge issued an order on December 20, 2024, remanding the case. The judge ruled that House Bill 19's Section 8 limits the Business Court's subject-matter jurisdiction to actions commenced on or after September 1, 2024, which this case predates. However, recognizing substantial grounds for differing opinions and the need for clear precedent for the nascent Business Court, the judge certified a permissive interlocutory appeal on the jurisdictional question and stayed the remand order pending the appeal's resolution.

Jurisdictional DisputeBusiness CourtInterlocutory AppealContract LawEnergy LawNatural GasTexas LawStatutory InterpretationPermissive AppealEffective Date
References
40
Case No. MISSING
Regular Panel Decision

I.G. Second Generation Partners, L.P. v. Reade

This case concerns an appeal from multiple orders of the Supreme Court, New York County, presided over by Justice Alice Schlesinger. The appellate court unanimously affirmed the dismissal of plaintiffs' claims for malicious prosecution, abuse of process, tortious interference with contract, and breach of implied contract. The court found that the malicious prosecution claim lacked probable cause, emphasizing that a prior judgment against the plaintiffs created a presumption of probable cause not overcome by subsequent reversal. The abuse of process claim failed as there was no indication of perverted use of process for a collateral advantage. Furthermore, the tortious interference claim was barred by the Noerr-Pennington doctrine, and proposed amendments for implied contract theories were properly denied due to a lack of meeting of the minds and absence of unjust enrichment.

malicious prosecutionabuse of processtortious interference with contractbreach of implied contractNoerr-Pennington doctrineprobable causeamendment of complaintunjust enrichmentaffirmationappellate review
References
17
Case No. MISSING
Regular Panel Decision
Feb 08, 1985

Levensen v. Berkey Professional Processing, Inc.

The plaintiff, a route driver for Berkey Film Processing of New Jersey, Inc., was injured after falling on ice in a parking lot owned by Berkey Professional Processing, Inc. He initiated a negligence action against Professional and McCune Maintenance Company. Professional asserted that the action was barred by Workers’ Compensation Law § 11, arguing that both entities were divisions of the sole surviving corporation, Berkey Photo, Inc., following mergers. The court upheld Professional's defense, finding the common-law tort action barred due to the corporate structure. However, the complaint against McCune Maintenance Company was reinstated, as McCune was deemed a third-party tortfeasor not immune under the Workers’ Compensation Law.

Negligence ActionPersonal InjuryWorkers' Compensation LawCorporate MergerEmployer ImmunityThird-Party TortfeasorSummary JudgmentAppellate ReviewPremises LiabilityCorporate Veil
References
8
Case No. MISSING
Regular Panel Decision

Tullous v. Texas Aquaculture Processing Co. LLC

This case involves a lawsuit brought by plaintiff Derrick Tullous against Texas Aquaculture Processing Company, LLC, Texas Aquaculture Cooperative, and ST Design Corporation, d/b/a Prosource Management Solutions, under the Fair Labor Standards Act (FLSA) for alleged unpaid overtime. The core issues are whether the employees of a catfish processing plant are exempt from FLSA's overtime provisions under an agricultural exemption, and whether ProSource qualifies as a joint employer. Additionally, the applicability of a three-year statute of limitations for willful violations is debated. The court, presided over by District Judge Melinda Harmon, denied motions for summary judgment filed by both Texas Aquaculture and ProSource, citing genuine issues of material fact on all three primary issues.

FLSAOvertime CompensationAgriculture ExemptionJoint EmployerStaff Leasing AgencySummary JudgmentEconomic Realities TestStatute of LimitationsWillful ViolationCatfish Processing
References
33
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