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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

Svensen v. Svensen

This case is an appeal contesting the dismissal of a divorce action. The trial court dismissed the husband's petition because he had not met the six-month Texas residency requirement at the time of filing or hearing. The appellate court clarifies that the residency requirement is not jurisdictional but a qualification, meaning a plea in abatement should lead to retaining the case on the docket rather than outright dismissal. Consequently, the court found that the trial court erred in dismissing the suit and refusing its reinstatement after the residency condition was fulfilled. The case was reversed and remanded for reinstatement and trial on the merits.

DivorceResidency RequirementsPlea in AbatementJurisdictionDismissalRemandTexas Family CodeCivil ProcedureAppellate ReviewMarital Law
References
10
Case No. 03-11-00602-CV
Regular Panel Decision
Aug 30, 2012

Texas Department of Public Safety v. Anonymous Adult Texas Resident

The Texas Department of Public Safety (DPS) appealed a trial court's judgment that reversed its determination requiring an anonymous Texas resident to register as a sex offender under the Texas Sex Offender Registration Act (SORA). The central legal question involved whether a 1993 Massachusetts conviction for "indecent assault and battery" was "substantially similar" to a reportable Texas sex offense. DPS contended the trial court erred by excluding a police report detailing the victim's allegations and in its "substantial similarity" finding. The appellate court affirmed the district court's judgment, concluding that the elements of the Massachusetts statute were not substantially similar to those of Texas sexual assault, indecency with a child, or related attempted offenses. Therefore, the anonymous resident was not required to register as a sex offender in Texas under SORA, rendering the evidentiary exclusion issue moot.

Sex Offender RegistrationSORASubstantial Similarity TestMassachusetts LawTexas LawCriminal ProcedureSexual AssaultIndecent Assault and BatteryAppellate ReviewStatutory Interpretation
References
19
Case No. MISSING
Regular Panel Decision

Informal Opinion No.

The opinion addresses whether Rockland County can mandate that 50% of public works project hires be county residents. It analyzes various constitutional clauses, finding the Commerce Clause not an impediment due to the 'market participant' doctrine and congressional authorization for federal funds. It distinguishes a local law from a state law concerning the Privileges and Immunities Clause, suggesting a local law targeting non-county residents (including other state residents) might be valid. The opinion also examines the Equal Protection Clause and bona fide residency requirements, concluding they generally pass the rational basis test. However, it cautions that such a local law must not violate General Municipal Law § 103 competitive bidding requirements, which would be a factual determination on a case-by-case basis.

Public Works ProjectsResident Hiring RequirementsLocal Law AuthorizationCommerce ClausePrivileges and Immunities ClauseEqual Protection ClauseCompetitive BiddingGeneral Municipal LawHome Rule LawMarket Participant Doctrine
References
17
Case No. 03-11-00602-CV
Regular Panel Decision
Aug 30, 2012

Texas Department of Public Safety v. Anonymous Adult Texas Resident

The Texas Department of Public Safety (DPS) appealed a trial court judgment that reversed DPS's determination requiring an anonymous Texas resident to register as a sex offender under the Texas Sex Offender Registration Act (SORA). The appellee had been convicted in Massachusetts in 1993 for "indecent assault and battery on a person over fourteen years of age." DPS contended that the elements of the Massachusetts offense were "substantially similar" to Texas's sexual assault or indecency with a child, thus mandating registration. The appellate court affirmed the district court's decision, concluding that the elements of the Massachusetts crime are not "substantially similar" to the Texas offenses, citing significant differences in the nature of sexual conduct, protected interests, seriousness, and potential punishments. The court also addressed the exclusion of a police report by the trial court.

Sex Offender Registration Act (SORA)Substantially Similar ElementsMassachusetts LawTexas Penal CodeSexual AssaultIndecent Assault and BatteryCriminal AttemptStatutory InterpretationAppellate ReviewTrial Court Judgment
References
20
Case No. 07-02-0011-CV
Regular Panel Decision
May 19, 2003

Cresthaven Nursing Residence v. Freeman

This case involves an appeal in a health care liability claim where the appellees, daughters of Wanda Granger, sued Cresthaven Nursing Residence, Cantex Healthcare Centers, and its general partners for negligence that allegedly resulted in Granger's injury and death. A jury awarded $9 million, which was subject to a statutory damage cap. The appellate court initially found prejudgment interest was not subject to the cap and suggested remittiturs for excessive damages. However, on rehearing, the court modified its decision, aligning with a new Supreme Court ruling that prejudgment interest is included in the damage cap, and affirmed the judgment with an adjusted cap of $1,413,008.13. Key issues included the application of the damage cap, prejudgment interest calculation, spoliation instruction, and expert witness qualification.

Health Care LiabilityMedical MalpracticeNursing Home NegligenceWrongful DeathSurvival ActionDamage CapPrejudgment InterestSpoliation of EvidenceExpert Witness QualificationExcessive Damages
References
39
Case No. MISSING
Regular Panel Decision

Sundram v. City of Niagara Falls

The case involves a petitioner, an Indian national and permanent resident alien, whose application for a taxicab driver's license in Niagara Falls, New York, was denied due to a citizenship requirement in a city ordinance. The petitioner challenged this requirement, arguing it violated the Equal Protection Clause of the Fourteenth Amendment. Citing precedents like Yick Wo v. Hopkins and Truax v. Raich, the court affirmed that the Fourteenth Amendment extends protection to aliens regarding their right to earn a livelihood. The court found no compelling state interest to justify the citizenship classification for taxicab drivers, deeming the "undifferentiated fear" of criminal activity insufficient. Consequently, the court held subdivision (e) of section 16 of chapter 365 of the Niagara Falls ordinances unconstitutional, but withheld injunctive relief pending the full processing of the petitioner's application.

Citizenship RequirementEqual Protection ClauseFourteenth AmendmentAlien RightsTaxicab LicensingOrdinance ConstitutionalityOccupational LicensingDiscriminationRight to WorkNiagara Falls
References
14
Case No. MISSING
Regular Panel Decision
Jun 16, 2006

Stevenson v. Town of Oyster Bay

The plaintiffs, professional clam-diggers George Stevenson, Terrance Stevenson, and Richard Schenna, brought an action against the Town of Oyster Bay and various individual defendants for alleged violations of the Fourteenth Amendment under 42 U.S.C. §§ 1983, 1985(3), and 1988. The plaintiffs challenged the Town's one-year residency requirement for clamming licenses as unconstitutional, arguing it discriminated against non-Town residents and violated their fundamental right to travel under the Privileges and Immunities Clause of Article IV. The defendants moved for summary judgment, arguing the plaintiffs never established residency and that the Town Clerk had discretion to deny permits. The Court determined that the plaintiffs, being New York State residents but not residents of the specific Town of Oyster Bay for the required duration, lacked standing to challenge a local ordinance under the Privileges and Immunities Clause because that clause only applies to "out-of-state" residents. Consequently, the Court granted the defendants' motion for summary judgment and dismissed the amended complaint.

Residency RequirementClamming LicensesEqual Protection ClausePrivileges and Immunities ClauseRight to TravelSummary JudgmentStanding LawMunicipal LawConstitutional LawFederal Court
References
14
Case No. MISSING
Regular Panel Decision

Walsh v. Katz

This case addresses a constitutional challenge to a residency requirement for a town justice/town board member position on Fishers Island, Town of Southold, Suffolk County. Petitioners, Fishers Island residents Arthur J. Walsh and Nina J. Schmid, objected to respondent Daniel C. Ross's candidacy because he did not meet the specific residency criteria. The Appellate Division upheld the statute's constitutionality, applying a rational basis test. Ross appealed, advocating for a strict scrutiny standard and arguing that the residency requirement violated equal protection by diluting voter influence. The court affirmed the Appellate Division's decision, concluding that the rational basis test was appropriate given the indirect impact on voting rights, and found a rational basis in ensuring meaningful representation for the geographically unique Fishers Island community.

Constitutional LawElection LawResidency RequirementEqual Protection ClauseRational Basis ReviewStrict ScrutinyTown JusticeTown Board MemberFishers IslandSouthold
References
15
Case No. M2011-00911-COA-R3-CV
Regular Panel Decision
Dec 09, 2011

Orlando Residence, LTD. v. Nashville Lodging Company, Nashville Residence Corp., and Kenneth E. Nelson

This appeal concerns the effective date of a judgment against Kenneth E. Nelson, which dictates whether the judgment has expired. The Appellant argued that the doctrines of equitable estoppel and law of the case should prevent the Plaintiff from asserting that the judgment was entered in 2004. The trial court determined that the judgment had not expired, holding its effective date to be October 7, 2004, following a remand that resolved a statute of limitations issue and vacated the original 2000 judgment. The Court of Appeals affirmed the trial court's decision, finding the issues justiciable and within the chancery court's jurisdiction, and rejected the arguments based on the law-of-the-case doctrine and equitable estoppel.

Judgment ExpirationStatute of LimitationsEquitable EstoppelLaw of the CaseFraudulent ConveyancePost-Judgment InterestSubject Matter JurisdictionDirect AppealAppellate ReviewDavidson County Chancery Court
References
34
Case No. MISSING
Regular Panel Decision

Union National Bank of Little Rock v. Moriarty

Appellants Union National Bank of Little Rock and Aetna Casualty & Surety Company appealed a judgment holding them liable for failing to provide appropriate fire insurance to Judy Moriarty. Moriarty's policy required residency, but she had moved, leading to a claim denial after a fire. The jury found Union Bank negligent as Aetna's agent, but the appellate court reversed this finding due to insufficient evidence. However, the court affirmed the judgment against Aetna, applying estoppel because Aetna, through its agent, had knowledge of Moriarty's change of residence and continued accepting premiums, thus waiving the residency requirement. Moriarty's cross-appeal for attorney’s fees was granted, modifying the judgment against Aetna.

Insurance lawEstoppelWaiverAgencyNegligenceFire insuranceProperty damageAttorney's feesAppellate reviewTexas law
References
24
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