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

Case No. MISSING

Regular Panel Decision

Juhl v. Airington

This concurring opinion, authored by Justice Gonzalez and joined by Justice Abbott, advocates for the adoption of the 'Fireman's Rule' in Texas and its broader application beyond premises liability cases. The opinion discusses the historical rationale of the rule, including premises liability, assumption of risk, and public policy considerations, citing numerous cases from various jurisdictions. It applies the rule to the case of police officer Airington, who was injured while removing protestors, including Barbara Baldwin, from an abortion clinic. The opinion concludes that Airington should be barred from recovery, arguing that public safety officials assume inherent risks and that allowing recovery could have a chilling effect on political speech and civil disobedience, a constitutionally protected right.

Fireman's RuleAssumption of RiskPublic PolicyNegligencePolice Officer InjuryProtestorsFree SpeechFirst AmendmentPolitical SpeechCivil Disobedience

References

107

Case No. MISSING

Regular Panel Decision

Brewer v. United States

The plaintiff, Boyd Richard Brewer, Sr., a self-proclaimed tax protestor, initiated litigation against the Internal Revenue Service (IRS) to regain properties seized and sold due to his failure to file tax returns from 1980-1982 and 1984-1987. Rather than challenging his tax liability, Brewer focused on alleged procedural defects in the IRS's assessment and collection methods. The court denied Brewer's motion for a preliminary injunction, citing the Anti-Injunction Act and the availability of other legal remedies. Furthermore, the court largely granted the government's motions for summary judgment, dismissing most of Brewer's procedural challenges, including those related to notices, statute of limitations, and delegation of authority. However, the court reserved its decision on specific claims regarding the IRS's compliance with assessment procedures and the precise dates of title transfer for certain properties, ordering the government to provide further documentation.

Tax Protestor LitigationIRS Collection ProceduresAnti-Injunction ActQuiet Title ActionNotice of DeficiencyTax Assessment ValiditySummary Judgment StandardProcedural IrregularitiesStatute of Limitations (Tax)Paperwork Reduction Act

References

Case No. MISSING

Regular Panel Decision

Center for Bio-Ethical Reform, Inc. v. Black

This civil rights action, brought under 42 U.S.C. § 1983, involves protestors and activists who alleged violations of their First and Fourteenth Amendment rights at the State University of New York at Buffalo. The plaintiffs displayed graphic anti-abortion photo-murals and claimed that university officials intentionally allowed counter-demonstrators to obstruct their exhibit, thereby impairing their freedom of speech and equal protection rights. The court addressed the defendants' motion to dismiss the complaint for failure to state a claim, as well as the plaintiffs' standing to sue. It denied the motion to dismiss for the remaining plaintiffs—Center for Bio-Ethical Reform, Inc., UB Students for Life, and Matthew Ramsey—finding they plausibly alleged constitutional violations based on viewpoint discrimination and retaliation. However, the court dismissed Gregg Cunningham, Darius Hardwick, and Christian Andzel from the action without prejudice due to lack of individual standing.

Civil RightsFirst AmendmentEqual Protection42 U.S.C. § 1983Motion to DismissStandingViewpoint DiscriminationUniversity ProtestsAnti-abortionPublic Forum

References

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Juhl v. Airington

Fireman's RuleAssumption of RiskPublic PolicyNegligencePolice Officer InjuryProtestorsFree SpeechFirst AmendmentPolitical SpeechCivil Disobedience

Brewer v. United States

Center for Bio-Ethical Reform, Inc. v. Black

Civil RightsFirst AmendmentEqual Protection42 U.S.C. § 1983Motion to DismissStandingViewpoint DiscriminationUniversity ProtestsAnti-abortionPublic Forum