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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Feb 08, 2006

Auble v. Doyle

Plaintiffs initiated an action alleging breach of contract, conversion, unjust enrichment, and negligent misrepresentation against defendant Patrie Doyle. The dispute arose from health care insurance benefits paid to Doyle's former wife between 1997 and 2002, despite her ineligibility post-divorce in 1984. The Supreme Court's initial order, which granted parts of the plaintiffs' motion and denied Doyle's cross-motion for summary judgment, was appealed. The appellate court modified the order, denying parts of the plaintiffs' motion concerning breach of contract and negligent misrepresentation. It awarded plaintiffs $57.50 for conversion and granted Doyle's cross-motion to dismiss the unjust enrichment and negligent misrepresentation claims against him. The order, as modified, was affirmed.

breach of contractconversionunjust enrichmentnegligent misrepresentationsummary judgmenthealth care benefitsinsurance eligibilitymarital statusappellate reviewcredibility assessment
References
12
Case No. 14-03-00463-CV
Regular Panel Decision
May 25, 2004

Lorraine M. Manon v. Manuel E. Solis

Lorraine M. Mañon appealed a judgment in favor of Manuel E. Solis, stemming from a dispute over alleged fraudulent and negligent misrepresentations made during her recruitment for an attorney position. Mañon claimed Solis made misrepresentations regarding work conditions and firm practices. The trial court's initial summary judgment for Solis was reversed and remanded by the Eleventh Court of Appeals. On remand, a jury found Mañon's allegations unfounded. The Fourteenth Court of Appeals affirmed the trial court's judgment, concluding that Mañon failed to conclusively establish her claims for fraud, negligent misrepresentation, or breach of fiduciary duty. The court also found no error in the denial of her motions for judgment notwithstanding the verdict and new trial, and her claims regarding discovery, evidentiary rulings, sealing records, and sanctions were overruled.

FraudNegligent MisrepresentationBreach of Fiduciary DutyEmployment LawAppellate CourtJury VerdictCivil ProcedureJudicial EstoppelMotion for New TrialDiscovery Dispute
References
28
Case No. MISSING
Regular Panel Decision

LM Business Associates, Inc. v. State

Defendant appealed a Court of Claims judgment that found them liable to claimants for conversion and negligent misrepresentation. The case stemmed from the seizure of claimants' computers during a fraud investigation into affiliated businesses, which resulted in the owner's conviction, though claimants were never charged. The seized computers, vital for claimants' businesses, were returned over two years later. The appellate court reversed the judgment, holding that defendant's seizure and retention of the computers were authorized by a valid search warrant, thus not constituting conversion. It further ruled that no 'privity-like relationship' existed between investigators and claimants to support a negligent misrepresentation claim. Lastly, the court dismissed the constitutional tort claim, noting claimants had adequate alternative remedies in other forums.

ConversionNegligent MisrepresentationSearch WarrantSeizure of PropertyState LiabilityAppellate ReviewConstitutional TortFraud InvestigationWorkers' Compensation LawCourt of Claims
References
22
Case No. ADJ10278457
Regular
Oct 16, 2019

GUSTAVO MEDELLIN vs. BOLTHOUSE FARMS, TRAVELERS, A & B RECRUITING, INC., COMMERCE & INDUSTRY INSURANCE, AIG

The Workers' Compensation Appeals Board rescinded a prior award and returned the case for further proceedings. This action was taken because an arbitrator had determined that Commerce & Industry Insurance did not insure A & B Recruiting, contradicting the initial finding of joint and several employer liability and insurance coverage by that company. The Board noted that insurance coverage disputes are subject to mandatory arbitration and the arbitrator's finding supersedes the WCJ's. The case will be returned to the trial level for a new decision, with parties allowed to raise additional issues, including whether A & B Recruiting was uninsured.

Workers' Compensation Appeals BoardReconsiderationFindings and AwardIndustrial InjurySpine InjuryTemporary DisabilityPermanent DisabilityFuture Medical TreatmentJoint and Several LiabilityInsurance Coverage Dispute
References
5
Case No. 11-00-00086-CV
Regular Panel Decision

Manon v. Solis

The case involves Lorraine M. Mahon appealing a trial court's judgment in favor of Manuel E. Solis. The dispute stems from alleged fraudulent and negligent misrepresentations made by Solis during the recruitment of Mahon for an attorney position at his law firm. The Eleventh Court of Appeals had previously reversed a summary judgment in Solis's favor, remanding the case for trial. On remand, a jury found Mahon's allegations unfounded. Mahon raised seven issues on appeal, including claims of procedural establishment of claims, conclusive establishment of claims, errors in denying motions for JNOV and new trial, and errors regarding sealing records and sanctions. The court affirmed the trial court's judgment, finding no errors in denying Mahon's motions and concluding she failed to establish her claims of fraud, negligent misrepresentation, or breach of fiduciary duty as a matter of law.

Employment disputeFraudulent misrepresentationNegligent misrepresentationBreach of fiduciary dutyAppellate reviewMotion for new trialJudgment notwithstanding the verdictJury verdictTrial court judgmentTexas law
References
28
Case No. MISSING
Regular Panel Decision
May 06, 1998

Claim of MacKenzie v. Management Recruiters

In this workers' compensation appeal, the claimant, an office manager for Management Recruiters, sought benefits for injuries sustained in a single-car accident in Ulster County. Her claim was denied by the employer's insurance carrier, arguing the injuries were not work-related and were willfully self-inflicted. After initial reversals, the Workers' Compensation Board ultimately disallowed the claim, concluding the injuries resulted from the claimant's deliberate intent to harm herself, thereby overcoming the statutory presumption against self-injury. The Appellate Division affirmed the Board's decision, finding substantial evidence, including accident reconstruction and psychiatric testimony, supported the finding of willful intent. The court reiterated that conflicting evidence creates a question of fact for the Board, whose determinations are upheld if supported by substantial evidence.

Workers' CompensationWillful Intent to InjureUnexplained AccidentStatutory PresumptionSubstantial EvidencePsychiatric IllnessSuicidal IdeationAppellate ReviewQuestion of FactMedical Testimony
References
11
Case No. MISSING
Regular Panel Decision

Health Acquisition Corp. v. Program Risk Management Inc.

The plaintiffs, home health care companies (Health Acquisition Corp., Bestcare, Inc., and Aides at Home, Inc.), sued various defendants, including accounting firm DeChants, Fuglein & Johnson, LLP (DFJ) and actuarial firm SGRisk, LLC, for professional negligence and negligent misrepresentation. The suit arose after the self-insurance trust they were members of became insolvent, leading to significant assessments from the Workers' Compensation Board. Plaintiffs alleged defendants concealed the trust's true financial state and their liability risks. The Supreme Court initially dismissed claims against DFJ and SGRisk. However, the appellate court reversed this decision, finding the complaint adequately alleged "near-privity" and negligence against both firms, even clarifying that actuaries could be held liable for common-law negligence despite not being licensed professionals for malpractice claims. A partial appeal concerning leave to amend the complaint was dismissed.

professional negligencenegligent misrepresentationCPLR 3211 (a)motion to dismissgroup self-insurance trustWorkers' Compensation Law § 50joint and several liabilityactuariesaccountantsnear-privity
References
15
Case No. MISSING
Regular Panel Decision

Castillo v. Case Farms of Ohio, Inc.

A group of migrant farm workers filed a civil action against Case Farms of Ohio, claiming violations of the Migrant and Seasonal Agricultural Worker Protection Act (AWPA), the Fair Labor Standards Act (FLSA), and state laws. The plaintiffs, recruited from Texas to work in Ohio, alleged misrepresentations regarding employment terms, transportation, and housing conditions. The court found Case Farms liable for numerous AWPA violations, including using an unregistered farm labor contractor, failing to provide written disclosures, providing false information, violating working arrangement terms, failing to comply with housing health and safety codes, and failing to ensure vehicle insurance and inspection for the 1996 plaintiffs. Some 1997 plaintiffs also proved violations related to written disclosures and housing occupancy terms. The court awarded statutory and actual damages to different groups of plaintiffs for these violations, while rejecting most FLSA and state law claims due to insufficient evidence or lack of agency.

Migrant workers' rightsAgricultural employmentWorker Protection ActFair Labor Standards ActWage and hour violationsUnregistered labor contractorSubstandard housingUnsafe transportationFalse promisesJoint employer doctrine
References
71
Case No. MISSING
Regular Panel Decision

Fagan Holdings, Inc. v. Thinkware, Inc.

Plaintiff Fagan Holdings, Inc. sued Defendant Thinkware, Inc. for breach of contract, fraudulent misrepresentation, and negligent misrepresentation regarding a software licensing agreement. Fagan alleged that Thinkware's Darwin software failed to perform as promised and that customer support was inadequate. The court applied Ohio law to the contract claim and Texas law to the tort claims. The court granted Thinkware's motion for summary judgment on the claims of fraudulent misrepresentation, negligent misrepresentation, and breach of the product support services section of the agreement. However, summary judgment was denied for the breach of express warranty claim and the indemnification claim, as genuine issues of material fact remained.

Breach of ContractFraudulent MisrepresentationNegligent MisrepresentationSummary JudgmentSoftware Licensing AgreementChoice of LawExpress WarrantyIndemnificationOhio LawTexas Law
References
37
Case No. MISSING
Regular Panel Decision

Hermann Hospital v. National Standard Insurance Co.

Hermann Hospital appealed a summary judgment granted against it in a lawsuit against unnamed appellees (insurance companies). The hospital sued the appellees for misrepresentation, negligent misrepresentation, and estoppel after the appellees initially verified insurance coverage for patient Jose Carreon, whom the hospital treated, but later denied coverage. Hermann Hospital alleged it relied on these representations and incurred over $200,000 in expenses. The trial court had granted summary judgment for the appellees. The appellate court reversed the summary judgment on the claims of misrepresentation under the Texas Insurance Code and negligent misrepresentation, finding that Hermann Hospital has standing and that material issues of fact exist. However, the court affirmed that estoppel is not an independent cause of action.

Summary JudgmentInsurance LawNegligent MisrepresentationDeceptive Trade PracticesStanding (Law)Appellate ReviewTexas Insurance CodeCommon LawReliance (Legal)Medical Billing
References
15
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