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Case Law Database

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

Case No. 13-01-00119-CV
Regular Panel Decision
Jun 06, 2002

McAllen Police Officer's Union and the City of McAllen, Texas v. Ricardo Tamez, Individually and as President of the McAllen Professional Law Enforcement Association, and McAllen Professional Law Enforcement Association

The City of McAllen and the McAllen Police Officers Union (appellants) appealed a district court order compelling an election to determine the exclusive bargaining agent for the city's police officers. The Thirteenth District Court of Appeals in Texas reversed the trial court's decision. The appellate court held that selection by petition is a proper method for designating a bargaining agent and found no evidence of coercion in the petition's circulation. It further concluded that the appellees, Ricardo Tamez and the McAllen Professional Law Enforcement Association, failed to provide 'substantial support' to warrant an election, thus denying their requests for a declaratory judgment and a writ of mandamus.

Collective BargainingPolice UnionLabor LawElectionPetitionSupervisor InfluenceMajority RepresentationTexas Local Government CodeNational Labor Relations ActAppellate Review
References
26
Case No. 2018 NY Slip Op 07224 [165 AD3d 1558]
Regular Panel Decision
Oct 25, 2018

Healthcare Professionals Ins. Co. v. Parentis

This case involves an appeal regarding a declaratory judgment action initiated by Healthcare Professionals Insurance Company (HPI) against Michael A. Parentis and others. The dispute arises from a prior medical malpractice verdict against Parentis totaling $8.6 million, which exceeded his combined $2.3 million primary and excess insurance policies from Medical Liability Mutual Insurance Company (MLMIC) and HPI. Parentis alleged bad faith against both insurers for failing to settle the underlying action within policy limits. The Supreme Court initially granted summary judgment to HPI and MLMIC, dismissing Parentis' bad faith claim. The Appellate Division, Third Department, reversed this decision, finding that genuine issues of material fact exist concerning whether both HPI and MLMIC acted in bad faith during settlement negotiations, especially during jury deliberations.

Insurance LawBad Faith Insurance ClaimMedical MalpracticeSummary JudgmentAppellate ReviewSettlement NegotiationsExcess InsurancePrimary InsuranceJury DeliberationsDuty to Settle
References
16
Case No. MISSING
Regular Panel Decision

American Home Assurance Co. v. McDonald

This declaratory judgment action involves American Home Assurance Company seeking to limit its liability under professional liability policies issued to social workers Rory M. McDonald and Helene Ina Anisfeld, who are defendants in an underlying malpractice action brought by Randy Kamhi. Kamhi alleges sexual misconduct and professional negligence against McDonald, and vicarious liability and direct negligence against Anisfeld as McDonald's partner. American Home sought summary judgment to limit indemnification to $25,000 for sexual misconduct claims and punitive damages. The court granted summary judgment in part, affirming the $25,000 limit for McDonald's sexual misconduct and for punitive damages for both McDonald and Anisfeld. However, the court denied the request to terminate American Home's duty to defend McDonald upon exhausting the $25,000 limit and granted Kamhi's cross-motion to stay further summary judgment applications until discovery in the underlying action is complete. Crucially, the court found that extending the sexual misconduct coverage limit to non-sexual malpractice claims violates New York public policy.

Professional Liability InsuranceSexual MisconductInsurance Coverage DisputeDeclaratory JudgmentSummary Judgment MotionPublic Policy ArgumentTherapist MalpracticeDuty to DefendDuty to IndemnifyUnconscionability Claim
References
22
Case No. 2019-02-0551
Regular Panel Decision
Apr 12, 2021

Maples, David ( McClain, Codi) v. Professional Personnel Services

This case involves Codi McClain, son of deceased employee David Maples, seeking death benefits from Professional Personnel Services and American Zurich. Mr. Maples died on December 16, 2017, after a work-related fall. Although funeral expenses were voluntarily paid by Professional Personnel, the claim for death benefits was later denied by American Zurich. McClain filed a Petition for Benefit Determination on November 18, 2019, almost two years after Mr. Maples's death. Professional Personnel Services filed a Motion for Summary Judgment, arguing that McClain failed to file within the one-year statute of limitations. The Court determined that McClain's reason for the late filing (difficulty hiring an attorney) was insufficient to toll the statute. Consequently, the Court granted the motion for summary judgment, dismissing McClain's claim with prejudice.

Summary JudgmentStatute of LimitationsDeath BenefitsTimeliness of FilingWorkers' Compensation ClaimMotion to DismissLegal ProcedureAppellate RightsCourt of Workers’ Compensation ClaimsPrejudice Dismissal
References
1
Case No. MISSING
Regular Panel Decision
Sep 25, 1995

Greenwich v. Markhoff

The plaintiff sustained injuries in a 1989 construction accident and retained law firms, Markhoff & Lazarus, and subsequently Scheine, Fusco, Brandenstein & Rada, P. C., to represent his interests. These firms allegedly limited their representation to a Workers’ Compensation claim and failed to initiate a personal injury action against the responsible parties before the Statute of Limitations expired. Consequently, the plaintiff filed a legal malpractice lawsuit against both law firms. The Supreme Court initially dismissed the complaint against Markhoff & Lazarus due to the timing of counsel substitution and the applicable Statute of Limitations for malpractice. However, the dismissal of the claim against Scheine, Fusco, Brandenstein & Rada, P. C. was found to be erroneous, as the action was timely, and the scope of their professional duty was not limited by their retainer agreement. The Appellate Division modified the lower court's decision, reinstating the malpractice claim against Scheine, Fusco, Brandenstein & Rada, P. C., while affirming the dismissal pertaining to Markhoff & Lazarus.

Legal MalpracticeStatute of LimitationsPersonal Injury ClaimScope of RepresentationRetainer AgreementDismissal of ComplaintReinstatement of ClaimAppellate ReviewProximate CauseActual Damages
References
11
Case No. MISSING
Regular Panel Decision

In re the Professional Career Center, Inc.

The Professional Career Center, Inc., offering real estate education, appealed a decision by the Unemployment Insurance Appeal Board, which affirmed the Commissioner of Labor's assessment for additional unemployment insurance contributions. The assessment stemmed from a determination that the Center's teachers were employees, not independent contractors. Despite a consulting agreement, the court found substantial evidence of an employer-employee relationship. This was based on the Center's control over hiring, payment, quality, student recruitment, tuition, scheduling, and curriculum adherence. The court concluded that these factors supported the finding, affirming the decision against Professional Career Center, Inc.

Unemployment InsuranceEmployer-Employee RelationshipIndependent ContractorProfessional EducationReal Estate LicensingLabor LawSubstantial EvidenceAppellate ReviewContributionsAudit
References
3
Case No. MISSING
Regular Panel Decision

Jefferson Apartments, Inc. v. Mauceri

This case involves The Jefferson Apartments, Inc. as the plaintiff, alleging various claims including professional malpractice and fraud against its accountant, Mauceri, and its former managing agent, Tribor Management Inc., and its signatory Maryann Caputo. The plaintiff asserts that Mauceri failed to identify unauthorized transfers from its accounts made by Tribor and Caputo between 2010 and 2012. The court addressed Mauceri's motion to dismiss the claims, specifically evaluating the application of the 'continuous representation' doctrine to toll the statute of limitations for professional malpractice. The motion to dismiss was granted for some professional malpractice claims, negligent misrepresentation, and breach of contract, but denied for other malpractice claims (related to the 2011 financials), aiding and abetting a tort, and fraud, allowing these claims to proceed.

Accounting MalpracticeStatute of LimitationsContinuous Representation DoctrineFraudNegligent MisrepresentationBreach of ContractAiding and AbettingProfessional NegligenceFinancial AuditsAuditor Liability
References
68
Case No. 03-14-00552-CV
Regular Panel Decision
Mar 06, 2015

Raghunath Dass, P.E. v. Texas Board of Professional Engineers

Appellant Raghunath Dass, PE, appeals sanctions imposed by the Texas Board of Professional Engineers (TBPE) for alleged violations of the Texas Engineering Practices Act. Dass asserts the TBPE lacked jurisdiction over the case facts and authority to amend its final order while under judicial review. He argues that the TBPE's amended final order is void because the agency modified a decision during judicial review. Additionally, Dass contends the TBPE lacks subject-matter jurisdiction to regulate construction material testing (CMT), which he argues is not "professional engineering." He also challenges the TBPE's authority to restrict competitive bidding for CMT and asserts that the 2005/2009 CME Policy Advisory Opinion, relied upon by the Board, is an invalid and unenforceable standard not promulgated under the Administrative Procedure Act. Finally, Dass argues that even if the testing was Construction Materials Engineering (CME), Naismith Engineering, not Dass, was the supervising engineer for the project.

Engineering RegulationProfessional ConductLicensing SanctionsAdministrative OverreachStatutory InterpretationPublic Works ProjectsRegulatory ComplianceJudicial OversightAgency Rules ValidityProfessional Responsibility
References
16
Case No. 2016 NY Slip Op 26230
Regular Panel Decision
Jul 25, 2016

Jefferson Apts., Inc. v. Mauceri

This case addresses the application of the "continuous representation" doctrine to toll the statute of limitations in an action alleging accountant or auditor malpractice. Plaintiff, The Jefferson Apartments, Inc., sued Steven J. Mauceri for various causes including professional malpractice, aiding and abetting tort, negligent misrepresentation, breach of contract, and fraud, related to alleged mismanagement and unauthorized withdrawals of funds by co-defendants Tribor Management Inc. and Maryann Caputo. Mauceri moved to dismiss these claims based on documentary evidence, failure to state a cause of action, and the statute of limitations. The court granted dismissal for professional malpractice claims related to transactions prior to June 17, 2012, negligent misrepresentation, and breach of contract, but denied dismissal for professional malpractice concerning 2011 financials, aiding and abetting, and fraud, citing the continuous representation doctrine and sufficient pleading.

Accountant MalpracticeStatute of LimitationsContinuous Representation DoctrineProfessional NegligenceBreach of Contract ClaimFraud ClaimMotion to DismissCPLR 3211CPLR 214Financial Audits
References
67
Case No. M2021-01141-SC-R3-BP
Regular Panel Decision
Jun 06, 2022

Board of Professional Responsibility of the Supreme Court of Tennessee v. Candes Vonniest Prewitt

This case involves an appeal to the Supreme Court of Tennessee concerning attorney Candes Vonniest Prewitt's professional misconduct. A hearing panel found Prewitt violated multiple Rules of Professional Conduct, including failures in expert disclosures, conflicts of interest due to a romantic relationship with her client, and improper withdrawal from representation. The Chancery Court affirmed these findings and the imposed sanctions, which included a thirty-day suspension, additional ethics education, and a practice monitor. The Supreme Court of Tennessee subsequently affirmed the decisions of both the hearing panel and the trial court, upholding the findings of misconduct and the disciplinary actions.

Attorney DisciplineProfessional MisconductConflict of InterestRules of Professional ConductAttorney CompetenceDiligenceWithdrawal from RepresentationExpert DisclosureLegal EthicsSanctions
References
33
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