CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. E2011-00896-COA-R3-CV
Regular Panel Decision
Mar 30, 2012

John P. Konvalinka, Trustee v. American International Group, Inc.

The plaintiff, John P. Konvalinka, Trustee, appealed an order from the Chancery Court for Bradley County that set aside a default judgment he had obtained against American International Group, Inc. The defendant had successfully argued that it was not properly served. The appellate court reviewed the trial court's certification of the order as final under Rule 54.02 of the Tennessee Rules of Civil Procedure. The court found that the Rule 54.02 certification was improvidently granted because the order, which merely set aside a default judgment and reopened the complaint, did not dispose of an entire claim or was not dispositive with respect to a party. Consequently, the Court of Appeals dismissed the appeal for lack of appellate jurisdiction.

Default JudgmentAppellate JurisdictionRule 54.02 CertificationInterlocutory AppealWorkers' CompensationService of ProcessDefault Judgment Set AsideLack of JurisdictionTennessee Rules of Civil ProcedureTennessee Rules of Appellate Procedure
References
15
Case No. M2022-00740-COA-R3-CV
Regular Panel Decision
Feb 12, 2025

Thomas Patterson v. Tennessee Department of Safety and Homeland Security

Appellant Thomas Patterson challenged an administrative law judge's default order concerning the civil asset forfeiture of his vehicle, asserting that administrative officials lacked authority due to not swearing a judicial oath and that the default was improperly issued. The Commissioner’s Designee and the Chancery Court both affirmed the original default and denied Patterson’s request to set it aside. On appeal, the Court of Appeals considered whether the administrative officials required a judicial oath of office and if the default procedures were correctly applied. The appellate court affirmed, concluding that no judicial oath was statutorily or constitutionally mandated for the administrative judge or the Commissioner’s Designee, and that the default and the refusal to set it aside were procedurally sound. Consequently, all claims against Bradley County, including attorney's fees, were also dismissed as the default against Patterson was upheld.

Civil Asset ForfeitureAdministrative Law JudgeOath of OfficeDue ProcessDefault JudgmentAppellate ReviewTennessee Court of AppealsChancery CourtAdministrative Procedures ActRule 60.02
References
30
Case No. 03-94-00668-CV
Regular Panel Decision
Jun 21, 1995

Alicia Moreno v. Liberty Mutual Fire Insurance Company

Alicia Moreno appealed an adverse default judgment by writ of error against Liberty Mutual Fire Insurance Company. The appeal challenged a district court's default judgment that set aside a workers' compensation award previously granted to Moreno by the Workers' Compensation Commission. Moreno raised several points of error, including non-compliance of the citation with Texas Rule of Civil Procedure 16 (regarding endorsement of receipt date/hour), the return's failure to show server authorization, a discrepancy between the service address and the citation's address, and non-compliance with Texas Rule of Civil Procedure 239a concerning notice of default judgment. The appellate court affirmed the default judgment, ruling that minor citation errors were not grounds for reversal, official signatures on returns fulfilled authorization requirements, and address discrepancies did not void service. It also held that Rule 239a violations should be challenged in a bill of review, not a writ of error, and clarified that due process concerns under *Peralta* apply only where a defendant was not served with process.

Default JudgmentWrit of ErrorWorkers' CompensationProcedural RulesService of ProcessCitationDue ProcessBill of ReviewAppellate ReviewTexas Rules of Civil Procedure
References
20
Case No. MISSING
Regular Panel Decision

Associated Indemnity Corp. v. Kyles

This case is an appeal by writ of error filed by Associated Indemnity Corporation to challenge a default judgment entered against it. The dispute originated from a worker's compensation claim where the Industrial Accident Board (IAB) made a clerical error in the final award. Appellant initially sought to set aside the IAB award, but failed to comply with statutory procedures regarding nonsuit and the Appellee's subsequent cross-action to mature the award. The trial court granted a default judgment to the Appellee, which Appellant contended was erroneous due to lack of jurisdiction and improper procedure. The appellate court affirmed the trial court's decision regarding the default judgment, finding that the statutory requirements for nonsuit were not met, entitling Appellee to proceed on her counterclaim. However, the appellate court reversed and remanded the award of attorney's fees, as there was no evidence presented to support that award.

Workers' CompensationDefault JudgmentWrit of ErrorJurisdiction DisputePlea in AbatementNonsuitAttorney's FeesClerical ErrorStatutory InterpretationAppellate Review
References
12
Case No. Appeal Nos. 1, 2, and 3
Regular Panel Decision
Aug 29, 2012

Abbott v. Crown Mill Restoration Development, LLC

This case concerns appeals from the Supreme Court, Onondaga County, primarily focusing on a plaintiff's Labor Law and common-law negligence action against Crown Mill Restoration Development, LLC. Following Crown Mill's default at a damages inquest, a default judgment was entered. The plaintiff then initiated an enforcement action, seeking to pierce the corporate veil to hold Crown Mill's owner, Vito William Lucchetti, Jr., and several related entities liable. Crown Mill moved to vacate the default judgment, citing law office failure and Workers' Compensation Law defenses. The appellate court modified the lower court's order, vacating the default judgment's damages award and remitting for a new assessment, while affirming the denial to fully vacate the default due to Crown Mill's failure to provide a reasonable excuse. Appeals concerning dismissal of the enforcement action and a stay of discovery were also addressed, with one deemed moot.

Default JudgmentVacate JudgmentAmended ComplaintLabor LawCommon-Law NegligenceCorporate Veil PiercingWorkers' Compensation LawLaw Office FailureDamages AssessmentMoot Appeal
References
31
Case No. MISSING
Regular Panel Decision

Gecaj v. Gjonaj Realty & Management Corp.

Plaintiff filed a personal injury lawsuit against defendants 28-47 Webb Realty Associates, LLC and Gjonaj Realty & Management Corp., alleging Labor Law violations after an accident. Defendants defaulted, leading to a default judgment of $900,000. The Supreme Court granted defendants' motion to vacate the default, citing their reliance on an insurance broker. However, the Appellate Division, First Department, reversed this decision, ruling that defendants' prolonged inaction despite receiving multiple legal documents over three years constituted an unreasonable excuse for their default. The Appellate Division affirmed the denial of the motion to vacate the default judgment but found the $900,000 damage award excessive and remanded the case for a new inquest to properly determine plaintiff's damages.

Default JudgmentVacate DefaultReasonable ExcuseInsurance BrokerAppellate ReviewLabor Law § 240Damages AssessmentInquestCPLR 5015Employer Liability
References
20
Case No. CV 14-6347(JS)(GRB)
Regular Panel Decision

Gesualdi v. Reid

The plaintiffs, trustees and fiduciaries of several Local 282 Trust Funds, commenced an action against J.H. Reid, General Contractor, seeking to recover allegedly delinquent contributions under ERISA and LMRA. The defendant failed to answer the complaint, leading to a default. After an initial denial of a default judgment motion due to improper service, the plaintiffs renewed their motion. Magistrate Judge Gary R. Brown issued a second Report and Recommendation, advising to grant the renewed default judgment motion, award damages totaling $1,030,265.28 for unpaid contributions, interest, liquidated damages, attorneys’ fees, and costs, and deny injunctive relief. Despite granted extensions, the defendant failed to file timely objections to the recommendation. District Judge Spatt reviewed the recommendation for clear error, found none, and adopted it in its entirety, granting the plaintiffs' motion for a default judgment and directing the entry of judgment in their favor, thereby closing the case.

Default JudgmentERISA ClaimsLMRA ClaimsDelinquent ContributionsEmployee Benefit PlansTrust FundsAttorneys' FeesLiquidated DamagesAudit CostsInjunctive Relief Denied
References
30
Case No. No. 08-13-00252-CV
Regular Panel Decision
Jan 16, 2015

Bank of New York F/K/A the Bank of New York as Trustee for the Certificateholders of the CWABS Inc. Asset Back Certificates, Series 2005-9 v. Chesapeake 34771 Land Trust

The Trust (Appellee) sued the Bank (Appellant), a financial institution, to quiet title to a house after a foreclosure sale. The Trust alleged title irregularities and sought to set aside the Bank's deed, leading to a no-answer default judgment against the Bank. On appeal, the Bank argued improper service of process. The Court of Appeals agreed, finding that service did not strictly comply with Section 17.028 of the Texas Civil Practice and Remedies Code, which mandates specific procedures for serving financial institutions. The court clarified that the term 'may' in the statute indicates a mandatory procedure to protect financial institutions from default judgments. Therefore, the appellate court reversed the trial court's judgment and remanded the cause for further proceedings.

Default JudgmentService of ProcessFinancial InstitutionsTexas Civil Practice and Remedies CodeRestricted AppealQuiet TitleForeclosureStatutory InterpretationSecretary of StateRegistered Agent
References
13
Case No. MISSING
Regular Panel Decision

Hodges v. Bell

This Memorandum addresses a federal habeas corpus petition filed by Henry Eugene Hodges, a state prisoner sentenced to death for first-degree murder. Petitioner challenged his conviction and sentence on multiple grounds, including ineffective assistance of trial and appellate counsel, issues with jury selection and instructions, sufficiency of evidence for aggravating circumstances, and the constitutionality of Tennessee's death penalty statute. The District Court systematically reviewed all non-defaulted claims, finding no constitutional violations or unreasonable application of federal law by the state courts. Numerous other claims were deemed procedurally defaulted for failure to comply with state procedural rules or establish cause and prejudice. Consequently, the Court denied the amended habeas petition and dismissed it with prejudice.

Habeas CorpusCapital PunishmentIneffective Assistance of CounselProcedural DefaultJury Voir DireSentencing PhaseMitigation EvidenceAggravating CircumstancesMedical Examiner TestimonyConstitutional Law
References
112
Case No. 2015 NY Slip Op 06751
Regular Panel Decision
Sep 08, 2015

All State Flooring Distributors, L.P. v. MD Floors, LLC

Plaintiff, All State Flooring Distributors, L.P., initiated legal action against MD Floors, LLC, and Michael Savino to recover $48,188.50 for wood flooring delivered. MD Floors, in turn, filed counterclaims asserting that it incurred additional labor costs due to faulty flooring and was subjected to double-billing. The Supreme Court initially denied the plaintiff's motion for summary judgment, citing both a procedural default and the presence of triable issues of fact. On appeal, the Appellate Division, First Department, affirmed the denial of summary judgment, while correcting the Supreme Court's finding of a procedural default. The Appellate Division concurred that substantial triable issues of fact existed regarding partial payments, attorney's fees, and the alleged personal guaranty by Savino, and also affirmed the existence of triable issues concerning MD Floors' counterclaims for additional labor costs and double-billing.

Summary JudgmentBreach of ContractPersonal GuarantyCounterclaimsProcedural DefaultAppellate ReviewTriable Issues of FactAttorney's FeesCommercial LawContract Dispute
References
3
Showing 1-10 of 3,992 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational