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Case Law Database

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

Case No. 03-04-00050-CV
Regular Panel Decision
Jul 29, 2004

Al Boenker Insurance Agency, Inc. v. the Texas FAIR Plan Association The Texas Department of Insurance And Jose Montemayor, Commissioner of Insurance

Appellant Al Boenker Insurance Agency, Inc. appealed a summary judgment ruling in favor of the Texas FAIR Plan Association (FAIR Plan). Al Boenker had challenged a bulletin issued by FAIR Plan, which restricted fees insurance agencies could charge for homeowners insurance applications and allowed for termination of agencies violating the contract. Al Boenker argued that FAIR Plan violated the separation-of-powers doctrine and exceeded its statutory authority. The Court of Appeals affirmed the district court's judgment, concluding that FAIR Plan is not a state agency subject to the Texas Administrative Procedure Act's rulemaking provisions and acted within its authority derived from the FAIR Plan Act and its Plan of Operation by contractually limiting agent compensation and establishing conditions for agent termination.

Administrative LawInsurance LawContract LawSummary JudgmentDeclaratory JudgmentInjunctionAgency AuthoritySeparation of PowersStatutory ConstructionTexas Court of Appeals
References
16
Case No. E2011-00831-COA-R3-CV
Regular Panel Decision
Mar 30, 2012

Cristy Irene Fair v. Stephen Lynn Cochran

The case of Cristy Irene Fair v. Stephen Lynn Cochran involved an appeal from the Circuit Court for Knox County. The Trial Court dismissed Fair's motor vehicle accident claim because proof of service for her summons was not returned to the clerk until 412 days after issuance, failing to comply promptly with Tenn. R. Civ. P. 4.03(1). Consequently, Fair could not rely on Tenn. R. Civ. P. 3 to toll the statute of limitations. The Court of Appeals affirmed the dismissal, emphasizing the necessity of strict compliance with procedural rules for service of process.

Statute of LimitationsService of ProcessMotion to DismissCivil Procedure RulesAppellate ReviewJudgment AffirmedTennessee LawMotor Vehicle AccidentProof of ServiceTimeliness
References
25
Case No. MISSING
Regular Panel Decision

Galveston County Fair & Rodeo v. Kauffman

Travis Kauffman entered his steer "Reebok" in The Galveston County Fair and Rodeo steer show. After winning a class, the steer was later disqualified due to allegations of "airing," an unethical fitting practice. Daniel S. Kauffman, Jr., Travis's father, sued the Fair alleging violations of the Deceptive Trade Practices-Consumer Protection Act (DTPA), breach of contract, negligence, and gross negligence. A jury found in favor of Kauffman on all claims, with recovery elected under the DTPA. The Fair appealed, challenging aspects of the jury charge, evidence sufficiency, damages, consumer status under DTPA, and attorney's fees. The appellate court affirmed the judgment but modified it by deleting a $1,500 damage award related to negligence.

DTPA ViolationUnconscionable ActNegligenceBreach of ContractSteer DisqualificationAnimal Show EthicsConsumer ProtectionAppellate ReviewDamagesMental Anguish
References
18
Case No. MISSING
Regular Panel Decision

Firefighters United for Fairness v. City of Memphis

This case involves a lawsuit brought by African-American employees of the City of Memphis Fire Department, organized as Firefighters United for Fairness, along with individual members, against the City of Memphis. The plaintiffs alleged violations of their due process and equal protection rights under the Fourteenth Amendment and 42 U.S.C. § 1983, stemming from perceived unfairness and racial discrimination in the 2000 promotional process for lieutenant and battalion chief positions. The court found that the City provided adequate procedural due process through its multiple review processes for test scores and that the plaintiffs failed to prove any instance of racial discrimination. Consequently, the court entered judgment in favor of the defendant, the City of Memphis.

Firefighter promotionRacial discriminationDue ProcessEmployment testingMemphis Fire DepartmentCivil RightsEmployment lawPublic sectorProcedural due processEqual protection
References
11
Case No. MISSING
Regular Panel Decision

T & M Meat Fair, Inc. v. United Food & Commercial Workers, Local 174

The plaintiffs, T & M Meat Fair, Inc. and its owners, filed a class action lawsuit in New York state court against the United Food and Commercial Workers (UFCW) unions and affiliated funds, alleging fraud and breach of fiduciary duty related to their participation in ERISA plans. The defendants removed the case to federal court, citing original jurisdiction under ERISA and LMRA. The plaintiffs then moved to remand the case back to state court, arguing that federal jurisdiction was improper and also sought attorneys' fees and costs. The District Court denied the plaintiffs' motion to remand, finding that federal jurisdiction was proper based on at least one claim arising under ERISA in the amended complaint, and also denied the request for attorneys' fees and costs. The court explicitly stated that Count III, asserting rights under ERISA for Milano, established federal jurisdiction.

ERISALMRARemoval JurisdictionFederal CourtState CourtRemand MotionClass ActionLabor UnionPension FundsHealth Funds
References
14
Case No. MISSING
Regular Panel Decision
Aug 07, 2007

Drake v. Woods

Paris Drake petitioned for a writ of habeas corpus, challenging his New York state conviction for Assault in the First Degree and Criminal Possession of a Weapon in the Third Degree. Drake argued that the trial court violated his due process right to a fair trial and his Sixth Amendment right of confrontation by refusing to recall a witness (Carl Fortner) and by not inspecting a witness's (Witness A) psychiatric records or allowing cross-examination on her mental health. The court first addressed procedural default, finding that state appellate courts did not clearly rely on procedural bars. On the merits, the court denied both grounds for relief, concluding that the trial court's evidentiary rulings were not erroneous and did not deprive Drake of a fundamentally fair trial or his confrontation rights, as the jury had sufficient information to assess witness credibility.

Habeas CorpusSixth AmendmentDue ProcessConfrontation ClauseEyewitness IdentificationPsychiatric RecordsCross-ExaminationProcedural DefaultEvidentiary RulingsAssault First Degree
References
105
Case No. MISSING
Regular Panel Decision

Fox News Network, LLC v. Tveyes, Inc.

Fox News Network, LLC filed a copyright infringement lawsuit against TVEyes, Inc., a media-monitoring service. The district court previously upheld TVEyes' core service as fair use but reserved judgment on four specific features: archiving, e-mailing, downloading, and date-time search. In this renewed decision, the court ruled that TVEyes' archiving function is fair use. The e-mailing function can also be fair use, provided TVEyes implements adequate protective measures. However, the court found that the downloading and date-time search functions are not fair use, concluding they go beyond TVEyes' transformative purpose and pose undue risks to Fox News' copyrights and derivative businesses.

Copyright InfringementFair Use DefenseMedia MonitoringTransformative UseSummary JudgmentArchivingEmail SharingVideo DownloadingDate-Time SearchDigital Rights
References
23
Case No. MISSING
Regular Panel Decision

Ledain v. Town of Ontario

The plaintiff, a retiree, initiated a lawsuit against his former municipal employer, referred to as "the Town," for an alleged breach of contract. The plaintiff contended that the Town had violated his vested rights to postemployment health insurance benefits, which were established under an expired collective bargaining agreement. Specifically, the Town replaced the plaintiff's Blue Million Plan with Blue Choice plans that incurred monthly prescription costs, contrary to the original "no cost" provision. The Town sought to dismiss the complaint, asserting that the plaintiff failed to pursue the issue through the contractually mandated grievance arbitration procedure and did not allege a breach of the union's duty of fair representation. The court ultimately ruled that the grievance arbitration procedure was the exclusive method for resolving such disputes, even for retirees, due to the broad arbitration clause in the agreement. Consequently, the court granted the defendant Town's motion to dismiss the complaint, affirming that a direct lawsuit was not permissible without an allegation of a union's failure in its duty of fair representation.

Collective Bargaining AgreementGrievance ArbitrationRetiree BenefitsHealth InsuranceBreach of ContractDuty of Fair RepresentationTaylor LawCivil Service LawTown LawPublic Sector Labor Law
References
24
Case No. MISSING
Regular Panel Decision

Jody Fair, Inc. v. Dubinsky

Plaintiff Jody Fair, Inc. moved to remand its action from federal court back to the New York State Supreme Court. The defendants, International Ladies Garment Workers Union and Local 25, had removed the case, alleging it involved a claim under the Labor Management Relations Act, specifically section 303(b) concerning secondary boycotts. Plaintiff argued its complaint alleged a common law prima facie tort under New York law, asserting malicious intent by the unions to coerce payment of a debt from a separate entity, Aansworth Ltd., for which Jody Fair, Inc. was not liable. The court granted the motion to remand, ruling that the complaint, fairly read, alleges a prima facie tort at common law and does not necessarily arise under federal labor law. The court also noted that the specific labor activities in question were exempt from federal secondary boycott bans under section 8(e) due to the needle trade exemption, suggesting no federal remedy existed.

Prima Facie TortLabor LawFederal JurisdictionState JurisdictionRemand MotionSecondary BoycottNeedle Trade ExemptionLabor Management Relations ActCommon LawUnfair Labor Practice
References
15
Case No. MISSING
Regular Panel Decision

Coureau v. Granfield

Plaintiff Victor Coureau commenced a pro se action against Bill Granfield, President of Local 100 UNITE HERE, alleging various wrongs including personal injuries, termination of benefits, fraudulent inducement, and racial discrimination. The Court construed these allegations as arising from the Union's duty of fair representation and/or Title VII of the Civil Rights Act. Defendant moved to dismiss the complaint under Rule 12(b)(6) of the Federal Rules of Civil Procedure. The Court granted the defendant's motion, dismissing the plaintiff's complaint with prejudice, primarily due to the claims being barred by the six-month statute of limitations for breach of the duty of fair representation. Additionally, the Title VII claim failed because a breach of the duty of fair representation was not established and the plaintiff did not plead exhaustion of administrative remedies with the EEOC.

Duty of Fair RepresentationStatute of LimitationsMotion to DismissPro Se LitigantTitle VII Civil Rights ActLabor Management Relations ActNational Labor Relations ActUnion GrievanceRacial DiscriminationEmployment Termination
References
23
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