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

Case No. 1:00-1898, MDL 1358(SAS), M 21-88, 04-Civ-2389, 04-Civ-5424, 04-Civ-3417, 04-Civ-4968
Regular Panel Decision
Oct 10, 2006

In Re Methyl Tertiary Butyl Ether (MTBE) Products

This consolidated multi-district litigation (MDL) concerns groundwater contamination by the gasoline additive MTBE and its degradation product, TBA. Defendants moved for summary judgment in several New York actions and one Orange County Water District action, arguing plaintiffs lacked Article III standing because the contamination levels were below the Maximum Contaminant Level (MCL), thus not constituting an "injury-in-fact." The court analyzed whether the MCL defines the scope of a legally protected interest, distinguishing prior cases involving private well owners or those where remediation expenses were not directly linked to contamination. The court concluded that MCLs are regulatory standards for water providers, not a strict definition of what constitutes an injury for tort liability. It determined that contamination below the MCL can still cause a cognizable injury due to monitoring, testing, treatment costs, and issues like taste and odor. The court denied defendants' motions for summary judgment, finding that factual disputes remain regarding the extent of plaintiffs' alleged injuries from low-level MTBE contamination, making a summary judgment ruling premature.

Groundwater ContaminationMTBE LitigationTertiary Butyl Alcohol (TBA)Product LiabilityMulti-District Litigation (MDL)Article III StandingSummary JudgmentMaximum Contaminant Level (MCL)Environmental LawWater Quality Standards
References
60
Case No. MISSING
Regular Panel Decision

In Re Enron Corp.

Enterprise Products Operating L.P. filed a motion for resolution of dispute against Enron Gas Liquids, Inc. (EGLI) regarding lien claims for pre-petition services. Enterprise asserted a total lien claim of $888,059.09 under Texas law for various services including storage, trucking, fractionation, and product treatment of natural gas liquids. EGLI acknowledged a portion of the lien related to trucking and storage but disputed the claim for fractionation and product treatment services. The court examined whether Enterprise qualified as a 'mechanic, artisan, or materialman' under Article XVI, § 37 of the Texas Constitution. The court ultimately denied the fractionation and product treatment lien, finding that Enterprise's complex engineering and technical operations did not fit these traditional definitions. Additionally, the court denied Enterprise's request for post-petition attorneys' fees, citing the absence of a contractual agreement for such fees.

Bankruptcy LawLien EnforcementTexas Constitutional LawSecured ClaimsAttorneys' FeesCommercial DisputeNatural Gas LiquidsFractionation ServicesWarehouseman's LienDebtor-in-Possession
References
12
Case No. MISSING
Regular Panel Decision

Fortune Production Co. v. Conoco, Inc.

This case involves a dispute between four natural gas producers (Fortune Production Co., Tucker Drilling Co., Inc., Curtis Hankamer Corp., and John L. Cox) and their purchaser, Conoco Inc. The producers alleged fraudulent inducement into contracts due to misrepresentations about residue gas resale prices and unjust enrichment for unpaid field liquids. While a jury found fraud and unjust enrichment, it also found the producers had ratified their contracts. The Texas Supreme Court partly reversed a prior appellate decision, holding that certain fraud claims were foreclosed by ratification for periods without definite contracts, but not for definite-term contracts. However, the Court deemed the jury's fraud damage award legally insufficient, remanding those claims. For unjust enrichment, claims covered by express written contracts were precluded, leading to reversals for Fortune, Tucker, and part of Hankamer's claim, while John L. Cox's unjust enrichment award was affirmed. The case was ultimately reversed in part, affirmed in part, and remanded for further proceedings.

Fraudulent inducementUnjust enrichmentNatural gas contractsContract ratificationDamages calculationLegal remediesOil and gas lawAppellate reviewQuasi-contractContract interpretation
References
20
Case No. MISSING
Regular Panel Decision

Gagen v. Kipany Productions, Ltd.

This case concerns an appeal regarding a Labor Law article 6 claim, specifically whether the plaintiff, Gagen, was an employee or an independent contractor of Kipany Productions, Inc. The defendant's cross-motion for summary judgment was granted based on evidence from the plaintiff's tax returns. These returns showed the plaintiff claiming deductions consistent with independent contractor status, contradicting a previous affidavit. Due to these significant conflicts, the self-serving affidavit was disregarded. The Supreme Court's decision to grant summary judgment was affirmed by the appellate court.

Employment lawIndependent contractorOvertime compensationSummary judgmentTax returnsAffidavitEvidentiary conflictAppellate reviewLabor Law Article 6Worker classification
References
10
Case No. M1998-00934-COA-R3-CV
Regular Panel Decision
Mar 07, 2001

Wade Cummins v. Opryland Productions

This case involves an alleged breach of an oral contract and a claim of negligent misrepresentation. Plaintiffs, an Elvis impersonator and his band, claimed Opryland Productions failed to honor an oral agreement to book them for the 1996 Summer Olympics, despite no written contract being executed. They also alleged negligent misrepresentation based on assurances from Opryland's agent. The trial court granted summary judgment for Opryland. The Court of Appeals affirmed the summary judgment on the contract claim, finding no mutual assent or sufficiently definite terms, but reversed the summary judgment on the negligent misrepresentation claim, noting that contractual privity is not required for this tort and disputed facts exist regarding faulty information and justifiable reliance.

Contract LawOral ContractNegligent MisrepresentationSummary JudgmentMutual AssentBreach of ContractAppellate ReviewTort LawCommercial TransactionsElvis Impersonator
References
34
Case No. MISSING
Regular Panel Decision
May 20, 1994

Twyford v. Production Associates, Inc.

Production Associates, Inc. appealed an order from the Supreme Court, Richmond County, which granted McDonald’s Corporation’s motion to dismiss a third-party complaint. The primary action involved Thomas E. Twyford, a McDonald's employee, who sued Production Associates for injuries suffered at a convention. Production Associates then sought contribution from McDonald's. The Supreme Court initially applied Pennsylvania law, leading to the dismissal of the third-party complaint. However, the appellate court reversed this decision, concluding that Illinois law should apply based on an 'interests analysis' approach, as both Production Associates and McDonald's have significant ties to Illinois. Illinois workers' compensation law, unlike Pennsylvania's or New Jersey's, does not preclude third-party contribution claims against an employer.

Personal InjuryThird-Party ActionWorkers' CompensationChoice of LawConflict of LawsContribution ClaimsSummary JudgmentAppellate ReviewIllinois LawPennsylvania Law
References
4
Case No. MISSING
Regular Panel Decision

Smith v. Positive Productions

Jonathan Smith, known as Lil Jon, petitioned the District Court to vacate or modify an arbitration award in favor of Positive Productions, a Japanese concert promoter. The dispute arose from Smith's failure to perform three concerts in Japan as per initial and rescheduled agreements, leading to their cancellation. The International Centre for Dispute Resolution arbitrator, Mark Diamond, awarded Positive Productions $379,874.00 for lost profits, expenses, legal fees, and loss of reputation. Smith argued improper notice of arbitration, lack of arbitrator jurisdiction, and manifest disregard of New York law regarding damages. The District Court, presided by Judge Mukasey, denied Smith's petition and granted Positive Productions' cross-petition to confirm the award, finding that Smith received sufficient notice, the arbitrator had jurisdiction, and the damage awards were justified under the law.

Arbitration AwardContract BreachLost ProfitsExpensesReputation DamagesAttorneys' FeesNoticeJurisdictionFederal Arbitration ActNew York Law
References
54
Case No. MISSING
Regular Panel Decision

Amity Leather Products Co. v. RGA Accessories, Inc.

Amity Leather Products Co. moved to hold RGA Accessories, Inc. in civil contempt for violating a prior injunction that prohibited RGA from using Amity's product photographs for its own competing products. Amity alleged RGA used a photo of its 'Macro bag' to promote the 'Petite Valise' through their joint venture, Smithy Accessories. The court found clear and convincing evidence of the violation, noting identical markings on the products in photographs. It rejected RGA's defenses of diligence and shifting blame to its joint venture partner. The court granted Amity's motion, ordering RGA to account for and pay profits from sales to J.C. Penney, cease further use of the promotional material, and issue a disclaimer to all recipients.

Contempt of CourtInjunction ViolationLanham ActFalse AdvertisingJoint Venture LiabilityCivil ContemptUnjust EnrichmentCease and DesistDisclaimerPhotographic Evidence
References
7
Case No. 13-10-00439-CV
Regular Panel Decision
Jul 26, 2012

El Paso Production Oil & Gas USA L. P. N/K/A El Paso E&P Company, L. P. v. Kenneth Sellers

This appeal concerns a title dispute over a mineral estate in Hidalgo County, Texas. Appellant El Paso Production Oil & Gas USA, L.P. challenged the trial court's grant of partial summary judgment to Appellee Kenneth Sellers. Sellers claimed vested record title to mineral interests in Lots 9 and 12, seeking an accounting of oil and gas proceeds. El Paso contended that Sellers's chain of title was broken by competing claims and prior conveyances. The appellate court found that neither party definitively proved or disproved superior title, indicating genuine issues of material fact remained. Consequently, the court reversed the trial court's judgment and remanded the case for further proceedings.

Title disputeMineral rightsOil and gas lawSummary judgment reviewAppellate procedureTexas property lawReal estate titleChain of titleHidalgo CountyReversal
References
14
Case No. MISSING
Regular Panel Decision

Cupples Products Co. v. Marshall

Diana Wright filed a gross negligence claim against Cupples Products, her husband’s employer, after his death, subsequent to settling a workers’ compensation claim with Liberty Mutual Insurance Company, Cupples’ insurer. Wright sought discovery from Liberty Mutual, requesting statements, reports, photographs, diagrams, sketches, and accident/inspection reports related to her husband's accident. The trial court, presided over by Judge John McClellan Marshall, ordered the production of these documents for an in camera inspection. Cupples Products and Liberty Mutual, as relators, filed a petition for a writ of mandamus, contending that the documents were exempt from discovery under TEX.R.CIV.P. 166b(3)(b) and (d), arguing they were privileged communications made in connection with the investigation of the occurrence. The appellate court agreed with the relators, holding that any investigation by an agent of a party, made subsequent to the occurrence out of which the claim has arisen, is privileged and exempt from discovery, even if it was initially for a different claim (workers' compensation). The court conditionally granted the petition for the writ of mandamus, expecting the trial judge to vacate the discovery orders.

Discovery DisputeMandamusPrivileged CommunicationsWork Product DoctrineGross NegligenceWorkers' CompensationInsurance InvestigationTexas Rules of Civil ProcedureIn Camera InspectionWitness Statements
References
1
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