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

Case No. 03-09-00635-CV
Regular Panel Decision
Aug 19, 2011

Texas Racing Commission and Charla Ann King, Executive Director v. Javier Marquez D/B/A J&M Racing and Farm

Javier Marquez's racehorses were disqualified and their race purse redistributed due to inadvertently wearing incorrect saddle cloth numbers, a violation of commission rules. Marquez appealed the stewards' decision to the Texas Racing Commission, but the executive director, Charla Ann King, denied the appeal, citing a provision of the Texas Racing Act that deemed such decisions final. Marquez then filed a suit against the Commission and King, seeking declaratory relief. The trial court denied relief under the Administrative Procedure Act but granted it under the Uniform Declaratory Judgments Act, declaring that King exceeded her statutory authority by denying the appeal and by disqualifying the horses and redistributing the purse. On appeal, the Court of Appeals affirmed that the director exceeded her authority by refusing the administrative appeal, but vacated and dismissed the trial court's rulings on the disqualification and purse redistribution, holding that the trial court lacked subject matter jurisdiction until Marquez exhausted his administrative remedies. The court also affirmed a reduced award of attorney's fees.

Racing ActAdministrative LawDeclaratory JudgmentSovereign ImmunityUltra Vires ClaimAdministrative AppealHorse RacingDisqualificationPurse RedistributionSubject Matter Jurisdiction
References
20
Case No. MISSING
Regular Panel Decision

New York Racing Ass'n v. State of New York Racing & Wagering Board

The New York Racing Association (NYRA) filed a CPLR article 78 application seeking to exempt competitive bidding policy documents from disclosure under the New York Freedom of Information Law (FOIL), citing Public Officers Law § 87 (2) (d) regarding trade secrets and potential substantial competitive injury. NYRA challenged a determination by the State of New York Racing and Wagering Board (NYSRWB) that had partially denied this exemption for certain approved policy changes. The court, applying the Encore test, found that even a summarized release of these documents would constitute a disclosure of proprietary trade information. Such disclosure, especially to the press, was deemed likely to cause significant competitive disadvantage to NYRA, impacting its franchise renewal and bankruptcy reorganization efforts. Consequently, the court granted NYRA's application, vacating the NYSRWB's prior determination and ruling that the documents are exempt from FOIL disclosure.

FOILFreedom of Information LawPublic Officers LawTrade SecretsCompetitive BiddingProprietary InformationCommercial EnterpriseSubstantial InjuryRacing IndustryRegulatory Board
References
14
Case No. MISSING
Regular Panel Decision
Feb 08, 2006

Pierce v. Texas Racing Commission

John L. Pierce, II appealed a district court judgment affirming a Texas Racing Commission order. The Commission had penalized Pierce after his racehorse tested positive for a prohibited drug, ipratropium. Pierce challenged the Commission's decision on multiple grounds, including the modification of an Administrative Law Judge's recommendation, perceived unequal punishment compared to the trainer, lack of proper notice for the initial stewards' hearing, the burden of proof applied at the State Office of Administrative Hearings, and the constitutionality of several Commission rules. The appellate court, reviewing for substantial evidence, found no prejudice to Pierce's substantial rights or violation of his constitutional rights. The court affirmed the district court's judgment, upholding the Commission's order.

Horse RacingDrug ViolationAdministrative LawDue ProcessEqual ProtectionBurden of ProofConstitutional LawTexas Racing ActPenalty DisparitySubstantial Evidence
References
36
Case No. 03-03-00277-CV
Regular Panel Decision
May 13, 2004

Glen Smith v. Maximum Racing, Inc.

This appellate case concerns a dispute between Glen Smith and Maximum Racing, Inc. following the termination of an agreement to provide race cars for Smith's son. Smith refused to return a racing car, claiming Maximum Racing owed him for "compensable work" and sought a lien. Maximum Racing counterclaimed for conversion. A jury found Smith had not performed compensable work, leading the trial court to rule for Maximum Racing. On appeal, Smith challenged the waiver of the conversion claim, the finding of conversion without compensable work, and asserted a good-faith defense. The Third District Court of Appeals, at Austin, affirmed the trial court's judgment, concluding that the conversion claim was not waived, the jury's finding was supported by evidence, and good faith is not a valid defense to conversion under Texas law.

ConversionProperty LawContract DisputeAppellate ProcedureJury VerdictWorker's LienGood Faith DefenseWaiver of ClaimsTexas Court of AppealsAutomotive Industry
References
19
Case No. MISSING
Regular Panel Decision

Jara v. New York Racing Ass'n

An employee of Seasons Contracting Corp., acting as the plaintiff, suffered personal injuries during demolition work at Aqueduct Race Track, owned by New York Racing Association, Inc., and overseen by Tishman Construction Corporation of New York as the construction manager. The plaintiff fell eight feet while traversing a partially demolished wall and debris. The Supreme Court initially granted summary judgment to the defendants on Labor Law claims and denied the plaintiff's motions. On appeal, the order was modified: the defendants' summary judgment motions were denied, the plaintiff's cross-motion for summary judgment on Labor Law § 240(1) liability was granted, and leave was granted to supplement the bill of particulars with Industrial Code §§ 23-1.7 (e)(1) and (2). The appellate court determined that the defendants failed to provide adequate safety devices, which proximately caused the plaintiff's injuries, and that the specified Industrial Code sections were applicable.

Personal InjuryLabor Law § 240(1)Labor Law § 241(6)Industrial CodeConstruction AccidentDemolition SafetySummary JudgmentAppellate ReviewPremises LiabilityElevation Risk
References
15
Case No. 10-01-00085-CV
Regular Panel Decision
Jun 02, 2004

Mark Steward v. Colonial Casualty Insurance Company

Mark Steward appealed an order denying the reinstatement of his suit against Colonial Casualty Insurance Company, which had been dismissed for want of prosecution. Steward had initially filed a workers' compensation claim suit on March 3, 1998. The district court provided notice of potential dismissal in July 2000, and subsequently dismissed the suit in November 2000. Steward argued that he did not receive adequate notice and that his failure to act was not due to conscious indifference. The appellate court found that Steward did receive adequate notice under Texas Rule of Civil Procedure 165a(2) and that his arguments regarding conscious indifference, applicable to Rule 165a(1), were misapplied. Furthermore, Steward failed to demonstrate good cause for the two-year period of inactivity in his suit. The court concluded that his participation in the reinstatement hearing resolved any due process concerns, thus affirming the trial court's judgment.

Dismissal for Want of ProsecutionReinstatement of SuitAbuse of DiscretionAdequate NoticeDue ProcessTexas Rules of Civil Procedure 165aWorkers' Compensation ClaimAppellate ReviewJudicial Administration RulesConscious Indifference
References
12
Case No. MISSING
Regular Panel Decision

Steward v. Colonial Casualty Insurance Co.

Mark Steward appealed from an order denying the reinstatement of his suit against Colonial Casualty Insurance Company, which had been dismissed for want of prosecution. Steward raised three main complaints: his failure to file a motion to retain was not intentional, he lacked notice of the court's intent to dismiss, and the dismissal violated his due process rights. The appellate court found that Steward had received adequate notice under Texas Rule of Civil Procedure 165a(2) and that his participation in the reinstatement hearing cured any due process concerns. Consequently, the court concluded that Steward failed to demonstrate good cause for his inaction and that the trial court did not abuse its discretion by refusing to reinstate the suit. The judgment denying reinstatement was affirmed.

Dismissal for Want of ProsecutionMotion to ReinstateAbuse of DiscretionAdequate NoticeDue ProcessTexas Rules of Civil Procedure 165aInherent Authority of CourtWorkers' Compensation ClaimAppellate ReviewGood Cause
References
12
Case No. MISSING
Regular Panel Decision

Brown v. American Racing Equipment, Inc.

Ronald Brown was injured while attempting to fix a car belonging to Bill Martinez, a manager at American Racing Equipment, Inc. (American Racing). Brown's injury occurred when Terry Harrison, a salesman for American Racing, started the car, causing it to roll and pin Brown. Harrison was performing a personal favor for Martinez at the time, using an American Racing van to assist Brown. Brown and his wife sued Harrison for negligence, alleging American Racing was vicariously liable. The trial court granted a take-nothing summary judgment in American Racing's favor, implicitly finding Harrison was not within the course and scope of his employment. The appellate court affirmed, concluding that Harrison was not acting within the scope of his general authority or furthering American Racing's business when the accident occurred, thereby precluding vicarious liability.

Vicarious LiabilityCourse and Scope of EmploymentSummary JudgmentNegligencePersonal ErrandEmployer LiabilityAppellate ReviewAutomobile AccidentEmployee DeviationSpecial Mission Doctrine
References
12
Case No. 2017 NY Slip Op 08359 [155 AD3d 1014]
Regular Panel Decision
Nov 29, 2017

Keceli v. Yonkers Racing Corp.

The plaintiff, Suzanne Elizabeth Keceli, an openly gay woman, alleged employment discrimination based on sexual orientation and unlawful retaliation against her employer, Yonkers Racing Corporation, and individual supervisors. She claimed persistent discriminatory comments and retaliatory actions after complaining about the workplace environment. The Supreme Court, Westchester County, initially granted summary judgment to the defendants, dismissing her claims. On appeal, the Appellate Division, Second Department, affirmed this decision. The appellate court found that the defendants had presented legitimate, nondiscriminatory reasons for their actions, and Ms. Keceli failed to provide sufficient evidence to create a triable issue of fact regarding pretext or a causal link between her protected activity and the adverse employment actions.

employment discriminationsexual orientation discriminationhostile work environmentunlawful retaliationsummary judgmentprima facie caseprotected activityadverse employment actionpretextcausal connection
References
9
Case No. 03-04-00699-CV
Regular Panel Decision
Oct 17, 2006

John L. Pierce, II v. Texas Racing Commission

John L. Pierce, II appealed a district court judgment affirming an order by the Texas Racing Commission. The Commission had imposed penalties on Pierce after his horse, Kristy's Gold Star, tested positive for a prohibited drug, leading to disqualification and redistribution of the purse. Pierce argued against the modification of an administrative law judge's recommendation, unequal punishment compared to the trainer, lack of notice regarding the initial hearing, improper shifting of the burden of proof, and the unconstitutionality of Commission rules. The appellate court found no prejudice to Pierce's substantial rights or violation of his constitutional rights, upholding the Commission's decision.

Horse RacingDrug ViolationAdministrative LawDue ProcessEqual ProtectionTexas Racing CommissionAppellate ReviewBurden of ProofConstitutional LawSubstantial Evidence
References
28
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