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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

Dallas County v. Logan, Roy

This case is an interlocutory appeal where Dallas County challenges the denial of its plea to the jurisdiction in a whistleblower lawsuit filed by Roy Logan. Initially, the appellate court affirmed the denial, but the Texas Supreme Court reversed and remanded, clarifying that all immunity grounds, even if newly raised on appeal, must be considered. On remand, the court evaluates Dallas County's arguments concerning whether Logan reported violations to an 'appropriate law enforcement authority' and if his reports were made in 'good faith,' encompassing both subjective and objective elements. The court concludes that the investigators hired by Dallas County were not considered part of a governmental entity under the Whistleblower Act. Due to Logan not having a full opportunity to address newly raised jurisdictional issues regarding objective good faith in the trial court, particularly in light of recent Supreme Court guidance, the case is reversed and remanded for further proceedings.

Whistleblower ActGovernmental ImmunityPlea to JurisdictionInterlocutory AppealTexas Civil Practice and Remedies CodeTexas Government CodeObjective Good FaithSubjective Good FaithLaw Enforcement AuthorityRetaliation
References
28
Case No. MISSING
Regular Panel Decision

In Re Ran

This is an order from the U.S. Bankruptcy Court after remand from the district court, concerning the recognition of a foreign bankruptcy proceeding under Chapter 15 of the U.S. Bankruptcy Code. Zuriel Lavie, the Israeli trustee, sought recognition of an Israeli bankruptcy proceeding against Yuval Ran. The central issue was determining Ran's "center of main interests" (COMI). The court meticulously reviewed objective factors, including Ran's physical presence, family, employment, and community ties in Houston, Texas, since 1997, as well as his reasons for leaving Israel. The court concluded that Ran's COMI is in the United States, which aligns with his habitual residence, thereby denying Lavie's petition for recognition of the Israeli bankruptcy.

BankruptcyChapter 15Foreign Proceeding RecognitionCenter of Main Interests (COMI)Habitual ResidenceDebtorCreditorInternational Insolvency LawUNCITRAL Model LawForum Shopping
References
55
Case No. No. 10-00-00373-CV
Regular Panel Decision
Mar 02, 2005

Marie Langley, Individually and as Representative of the Estate of John Langley and Mariah Langley, a Minor v. Floyd E. Jernigan, M.D.

This medical malpractice case is on remand from the Texas Supreme Court. Marie Langley, individually and as representative of the Estate of John Langley and Mariah Langley, a minor, sued Dr. Floyd E. Jernigan and others after her husband, John Langley, died following medical treatment. The trial court dismissed claims against Dr. Jernigan due to allegedly inadequate expert reports. This appellate court reverses the trial court's dismissal, finding Langley's expert reports were adequate or, alternatively, that she should have been granted an extension to supplement them. The case is remanded for further proceedings consistent with this opinion.

Medical MalpracticeExpert ReportStandard of CareBreach of DutyCausationDismissalRemandAppellate ReviewAbuse of DiscretionGrace Period
References
14
Case No. MISSING
Regular Panel Decision

Theresa J. v. Patricia J.

This case involves an appeal in a neglect proceeding under Article 10 of the Family Court Act, where the respondent mother was accused of neglecting her three children due to drug misuse. Evidence presented included the mother testing positive for cocaine during childbirth, her admission to occasional cocaine use, and the premature birth and death of one child due to renal failure. While the majority found a prima facie case of neglect warranting a continued fact-finding hearing, the dissenting justice argued that a prima facie case was not established, citing a lack of proof for repeated drug misuse or a direct causal link between the mother's drug use and the child's impairment or death. Both the majority and dissent agreed to remand the case for further proceedings, especially considering a potential subsequent drug arrest of the respondent.

NeglectChild ProtectionDrug MisuseCocainePremature BirthInfant DeathPrima Facie CaseRemandFamily Court ActAppeal
References
0
Case No. MISSING
Regular Panel Decision

Bonnette v. Shell Offshore, Inc.

This case concerns a motion to remand to state court after plaintiffs' injury during a man-overboard drill on a fixed platform in the Gulf of Mexico. Four plaintiffs were injured when a survival capsule, intended for emergency evacuation, fell fifty feet into the water due to operator error. Plaintiffs sued Shell Oil, Shell Offshore, Juan M. Porras, and Whittaker Corporation in Texas state court, alleging state law negligence and maritime strict products liability. The defendants removed the action to federal court under the Outer Continental Shelf Lands Act (OCSLA). The court, applying the Executive Jet and Kelly tests, determined that maritime locality and nexus were satisfied, thus maritime law applied and preempted OCSLA. Consequently, the court granted the plaintiffs' motion to remand, allowing the case to proceed in state court under the Saving to Suitors clause.

Maritime LawOuter Continental Shelf Lands ActSaving to Suitors ClauseFederal Question JurisdictionRemandFixed Platform InjuryMan-Overboard DrillSurvival Capsule AccidentAdmiralty JurisdictionMaritime Tort
References
47
Case No. MISSING
Regular Panel Decision
Sep 25, 1978

In re Shantal M. K.

The Appellate Division reversed a Family Court order dismissing a permanent neglect petition brought by Graham-Windham Child Care Agency against the natural mother of a child named Shantal. The proceeding, initiated under Social Services Law § 384-b, sought to terminate parental rights due to the mother's failure to maintain contact or plan for the child's future. While the Family Court found a lack of diligent efforts by the agency, the appellate court determined that the agency was justified in discouraging further parental visitation given the child's history of abuse and the mother's inconsistent engagement. The court found that continued contact would be detrimental to Shantal's well-being. Consequently, the appellate court granted the petition and remanded the case for further proceedings.

Permanent neglectchild abuseparental rightsfoster carediligent effortsSocial Services Lawfamily lawappellate reviewchild welfarevisitation
References
1
Case No. 13-17-00641-CV
Regular Panel Decision
Nov 29, 2018

American Bank, N.A. as Trustee of the Lisa Marie Buckley Trust and Co-Trustee of the John Buckley Jr. Trust and Kelly Rose Kinard Trust, John Buckley Jr. Trust, Lisa Marie Buckley Trust, Kelly Rose Kinard Trust, Together With John Buckley Jr., Lisa Marie Buckley, and Kelly Kinard, as Trustee, Co-Trustee and/or Trust Beneficiaries of the John Buckley Jr. Trust, Lisa Marie Buckley Trust and Kelly Rose Kinard Trust, and/or Shareholders v. Moorehead Oil & Gas, Inc., Moorehead Acquisition, LLC, and Moorehead Oil & Gas, LLC

This is an appeal regarding a summary judgment in a proceeding to determine the fair value of ownership interests in corporate stock under the Texas Business Organizations Code. Appellants, consisting of American Bank, N.A. as trustee, and the Buckley family members (John J. Buckley Jr., Lisa Marie Buckley, and Kelly Rose Kinard) as co-trustees and/or beneficiaries of their trusts, challenged the denial of their petition for stock valuation against Moorehead Oil & Gas entities. The key arguments on appeal were whether the Bank was the sole entity capable of requesting a valuation and if the limitations period was tolled due to the misnomer doctrine. The Court of Appeals affirmed the dismissal of Lisa Marie Buckley's claim as a beneficiary due to lack of standing, but reversed the remainder of the judgment, ruling that the first amended petition related back to the timely-filed original petition for limitations purposes and that American Bank, John J. Buckley Jr., and Kelly Rose Kinard had standing as trustees or co-trustees. The case was remanded for further proceedings.

Summary JudgmentCorporate Stock ValuationDissenting Shareholder RightsTexas Business Organizations CodeTrusts and TrusteesBeneficiary StandingLimitations PeriodMisnomer DoctrineAppellate ProcedureFair Value Appraisal
References
24
Case No. MISSING
Regular Panel Decision

Gonzalez v. Whelan Security Co.

Brian Gonzalez, the Plaintiff, filed an "Original Petition" in Texas state court against Whelan Security Company and Whelan Security of Texas LLC, alleging an on-the-job back injury and subsequent termination/discrimination for instituting a worker's compensation proceeding, in violation of Texas Labor Code Sections 451 et seq. He also claimed unpaid wages. Defendants removed the case to federal court, asserting federal question jurisdiction under the Fair Labor Standards Act (FLSA) for the wage claim, or alternatively, diversity jurisdiction. Plaintiff moved to remand, arguing his worker's compensation claim is non-removable under 28 U.S.C. § 1445(c), and that neither federal question nor diversity jurisdiction applies to the wage claim. The Court, presided over by District Judge Philip R. Martinez, granted the Plaintiff's motion to remand, concluding that the worker's compensation claim is indeed non-removable, and that Defendants failed to demonstrate federal question or diversity jurisdiction for the unpaid wage claim. The Court denied Plaintiff's request for costs and attorney's fees, finding Defendants had objectively reasonable grounds for removal.

Worker's CompensationMotion to RemandFederal JurisdictionDiversity JurisdictionFair Labor Standards ActUnpaid WagesRetaliatory TerminationTexas Labor CodeState CourtFederal Question
References
10
Case No. MISSING
Regular Panel Decision
Nov 03, 1967

Holloway v. Board of Examiners

The petitioner, a school social worker, initiated an Article 78 proceeding to compel the respondent to provide copies of medical and other reports that led to an unsatisfactory rating in an examination for a Supervisor of School Social Workers license. The Supreme Court, Kings County, initially dismissed the petition. However, the appellate court reversed this judgment, granting the petition to the extent of directing the respondent to furnish the reports to a physician designated by the petitioner, rather than directly to the petitioner. The case was remanded to the Special Term for further proceedings, including a determination on allowing the petitioner more time to appeal the unsatisfactory rating.

Article 78 CPLRLicense ExaminationSchool Social WorkerMedical ReportsDisclosureAdministrative AppealUnsatisfactory RatingAppellate ReversalRemandPhysician Disclosure
References
3
Case No. 2014-02-0020
Regular Panel Decision
Jan 20, 2015

Burnette, Gail v. K-Mart Corporation

This interlocutory appeal involves an employee, Gail Burnette, who claimed to have injured her back lifting boxes for K-Mart Corporation. The employer denied benefits, arguing the injury was not work-related. The trial court denied the employee's request for medical and temporary disability benefits, finding insufficient evidence to support the claim. The Workers' Compensation Appeals Board affirmed the trial court's decision, noting that the employee proceeded pro se and failed to provide an adequate record, including testimony from the expedited hearing, to challenge the trial court's factual determinations. The case was affirmed and remanded for any further necessary proceedings.

Workers' CompensationAppeals BoardPro Se LitigantSufficiency of EvidenceMedical BenefitsTemporary DisabilityLumbar StrainWork-Related InjuryExpedited HearingStandard of Review
References
13
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