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

Case No. M2000-00547-COA-R3-CV
Regular Panel Decision
Jun 08, 2001

Mary Louise Goodman Case v. Billy Ray Case

This is a divorce case involving Mary Louise Goodman Case (Wife) and Billy Ray Case (Husband) after 25 years of marriage. The trial court granted a divorce to the Wife on grounds of the Husband's inappropriate marital conduct, divided marital property, but failed to determine the value of the Wife's pension plan, and did not award spousal support to the Husband. The Husband appealed, arguing against the divorce, the property division, and the lack of alimony. The Court of Appeals affirmed the divorce and the decision not to award alimony but reversed and remanded the case for the trial court to classify, value, and equitably divide the Wife's pension plan as marital property.

DivorceMarital PropertyPension DivisionSpousal SupportAlimonyInappropriate Marital ConductDisability BenefitsEquitable DistributionAppellate ReviewCredibility
References
6
Case No. Case No. 3:06cv0003; Case No. 3:06cv0004
Regular Panel Decision

B & B Enterprises of Wilson County, LLC v. City of Lebanon

This consolidated action involves two cases, the Lead Case and the Member Case, both initially filed in state court and subsequently removed to a federal district court in Tennessee. In the Member Case, the federal court determined that the removal was premature because defendants removed the case after plaintiffs moved to amend their complaint to add federal claims but before the state court had ruled on the motion, thus lacking subject-matter jurisdiction. Consequently, the Member Case was remanded to state court. For the Lead Case, plaintiffs had included federal civil rights claims in their initial complaint, justifying its removal to federal court. However, plaintiffs later filed an unopposed motion to non-suit these federal claims, which the court granted, and it declined to exercise supplemental jurisdiction over the remaining state-law claims, specifically regarding inverse condemnation under Tennessee law, remanding the Lead Case to state court as well. The court emphasized principles of economy, convenience, fairness, and comity, and noted the defendants' apparent attempts at forum manipulation.

Federal Question JurisdictionRemoval to Federal CourtSupplemental JurisdictionRemand to State CourtSubject-Matter JurisdictionMotion to Amend ComplaintNon-Suit Federal ClaimsInverse CondemnationTennessee LawPremature Removal
References
10
Case No. E2021-00378-SC-R11-CV
Regular Panel Decision
Nov 14, 2024

Terry Case v. Wilmington Trust, N.A.

Plaintiff Terry Case defaulted on his mortgage, leading to a foreclosure sale by Wilmington Trust, N.A. Case sued for 'wrongful foreclosure,' alleging improper notice of a postponed sale. The trial court granted summary judgment to Defendants, but the Court of Appeals reversed, finding a notice violation. The Supreme Court of Tennessee granted review to determine if Tennessee recognizes a common law cause of action for 'wrongful foreclosure' and if the deed of trust required written notice of postponement. The Supreme Court held that Case has constitutional standing but ruled that no common law cause of action for 'wrongful foreclosure' exists in Tennessee. Consequently, the Supreme Court reversed the Court of Appeals' judgment and remanded the case.

ForeclosureMortgage DefaultStanding DoctrineProperty RightsCommon Law Cause of ActionNotice RequirementsDeed of TrustAppellate ProcedureSummary JudgmentContract Law
References
85
Case No. MISSING
Regular Panel Decision
Dec 19, 1945

Empire Case Goods Workers Union v. Empire Case Goods Co.

Empire Case Goods Workers Union, on behalf of its members, brought an action against Empire Case Goods Company and Sidney G. Bose to recover vacation pay stipulated in a contract. Empire sold its business to Bose, leading both defendants to deny liability for the vacation pay. The Special Term initially dismissed the complaint against both defendants, reasoning that Empire's employees became Bose's and Bose was not party to the contract. On appeal, the court affirmed the dismissal against Bose, finding no implied assumption of Empire's wage structure. However, it reversed the dismissal against Empire, holding Empire liable for the vacation pay as employees were not notified of the change in employer and continued to work under Empire's apparent authority, making Empire responsible under master and servant law.

Vacation PayEmployer LiabilitySuccessor LiabilityEmployment ContractSale of BusinessNotice of TerminationAgency RelationshipMaster and Servant LawAppellate ReviewWage Dispute
References
2
Case No. 2022 NY Slip Op 04872 [208 AD3d 1046]
Regular Panel Decision
Aug 04, 2022

Perri v. Case

Plaintiff Michael Perri sued defendant Mark Case, doing business as Case's Mini Storage, alleging breach of contract and seeking specific performance related to a right of first refusal for leased property. The Supreme Court, Ontario County, granted Perri's motion for summary judgment. Case appealed this order and judgment (Appeal No. 1), also appealing the denial of a motion to reargue/renew (Appeal No. 2), and an order holding him in civil contempt (Appeal No. 3). The Appellate Division, Fourth Department, unanimously affirmed the Supreme Court's order and judgment in Appeal No. 1. Appeal No. 2, which sought reargument, was dismissed as non-appealable. In Appeal No. 3, the Cook defendants' appeal was dismissed, and Case's appeal challenging the civil contempt finding was rejected, thereby upholding the contempt order.

Breach of ContractRight of First RefusalSummary JudgmentDeclaratory JudgmentSpecific PerformanceCivil ContemptAppellate ReviewReal PropertyLease AgreementWaiver
References
15
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

Woods v. Golden Triangle Convalescent Center

Marilyn Woods, an employee of Golden Triangle Convalescent Center, sustained an injury in June 1997. The Center, a non-subscriber to the Texas Worker's Compensation Act, provided an Employee Health and Safety Program Benefit Plan, in which Woods participated, waiving her right to sue for job-related injuries. Despite receiving benefits, Woods filed a negligence lawsuit against the Center in state court. The Center subsequently removed the case to federal court, asserting ERISA preemption over Woods's state law claims. However, the federal court, upon reconsideration, determined that Woods's negligence claim regarding unsafe workplace conditions did not sufficiently 'relate to' the ERISA plan to warrant federal preemption, even with the inclusion of a waiver in the plan. Consequently, the court concluded it lacked subject matter jurisdiction and ordered the case to be remanded to the 172nd Judicial District Court of Jefferson County, Texas.

ERISAPreemptionSubject Matter JurisdictionRemandNegligence ClaimEmployee Benefit PlanWaiver of RightsState Law ClaimsFederal Question JurisdictionNon-subscriber Employer
References
12
Case No. MISSING
Regular Panel Decision

Sbrusch v. Dow Chemical Co.

The plaintiff initiated a wrongful death lawsuit after her husband's death, allegedly due to benzene exposure while working for the defendant. The defendant removed the case to federal court based on diversity jurisdiction. However, the plaintiff moved to remand, asserting that the case falls under Texas workmen's compensation laws, which, per 28 U.S.C. § 1445(c), prohibits removal to a U.S. district court. The Court determined that Texas Labor Code § 408.001(b) creates an independent cause of action for exemplary damages in wrongful death cases, therefore the case arises under Texas workmen’s compensation laws. Consequently, the Court granted the plaintiff’s motion and remanded the case to the 23rd Judicial District Court of Brazoria County, Texas.

Workers' CompensationRemandDiversity JurisdictionWrongful DeathExemplary DamagesGross NegligenceBenzene ExposureStatutory InterpretationFederal Question JurisdictionTexas Law
References
15
Case No. MISSING
Regular Panel Decision

Texas Employers' Ins. Ass'n v. Foreman

This case, an opinion after remand and second rehearing, involves a worker's compensation claim for an alleged back injury resulting in total permanent disability. The Chief Justice, following a Supreme Court remand, finds the jury's verdict for the plaintiff (appellee) to be against the great weight and preponderance of the evidence. Numerous defense witnesses testified they did not observe the alleged injury or any symptoms from the plaintiff, who also failed to disclose it to doctors or employers at relevant times, despite claiming severe pain. The court notes the plaintiff had a prior similar injury and refused to release medical records. Consequently, the appellate court reverses and remands the case for a new trial.

Workers' CompensationRemandJury VerdictPreponderance of EvidenceAccidental InjuryTotal Permanent DisabilityMedical TestimonyPrior InjuryWitness TestimonyRehearing
References
8
Case No. MISSING
Regular Panel Decision

Gomez v. O'Reilly Auto. Stores, Inc.

Plaintiff Maria Gomez sued Defendants O'Reilly Automotive Stores, Inc. and O'Reilly Automotive, Inc. d/b/a O'Reilly Auto Parts for negligence, alleging a workplace injury and that the defendants were non-subscribers under the Texas Workers' Compensation Act (TWCA). The defendants removed the case to federal court based on diversity jurisdiction. Gomez filed a motion to remand, arguing that her claims, being against a non-subscribing employer, arose under the TWCA and were therefore nonremovable under 28 U.S.C. § 1445(c). The Court denied the motion, finding that negligence claims against non-subscribing employers are common law claims, not created by the TWCA, and do not raise a substantial question of the TWCA. The Court also rejected the argument that a split in authority among district courts warranted remand, asserting its obligation to decide the issue and noting a growing consensus against remand in similar cases.

Motion to RemandWorkers' CompensationNonsubscriber EmployerNegligenceDiversity JurisdictionFederal RemovalStatutory InterpretationCommon LawTexas Labor CodeFederal Courts
References
37
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