CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. 03-cv-4134
Regular Panel Decision

Infantolino v. Joint Industry Board of the Electrical Industry

Anthony Infantolino sued the Joint Industry Board of the Electrical Industry (JIB) and Thomas Bush, alleging unlawful retaliation under the Americans with Disabilities Act (ADA) and New York State/City laws. JIB moved for summary judgment, arguing procedural defects and substantive failures, including that it was not Infantolino's employer. The court found JIB to be a 'joint labor-management committee' and thus a 'covered entity' under the ADA, refuting the employer argument. The court denied summary judgment regarding the retaliation claims, finding genuine issues of fact as to whether JIB's stated reasons for its actions were pretexts for impermissible retaliation. However, the motion for summary judgment was granted in part, denying punitive and compensatory damages for the ADA retaliation claim and punitive damages for the New York State Human Rights Law claim, but allowing punitive damages for the New York City Human Rights Law claim.

ADA RetaliationDisability DiscriminationSummary JudgmentBurden-Shifting FrameworkCausal ConnectionPretextPunitive DamagesCompensatory DamagesNew York City Human Rights LawNew York State Human Rights Law
References
36
Case No. 09-02-018 CV
Regular Panel Decision
Apr 17, 2003

U.S. Restaurant Properties Operating, L.P. and U.S. Restaurant Properties, Inc. v. Motel Enterprises, Inc.

Motel Enterprises, Inc. sued U.S. Restaurant Properties Operating L.P. and U.S. Restaurant Properties, Inc. for breach of a put option in a purchase and sale agreement. Motel exercised its right to have USRP purchase a $500,000 promissory note, but USRP refused, claiming the note's maker, Bar S Restaurants, Inc., was in material default on a lease. A jury found no material default and awarded Motel $550,000. On appeal, USRP challenged the sufficiency of evidence, damages, jury instructions, evidentiary rulings, and prejudgment interest. The appellate court affirmed the liability and damages findings, but reversed and remanded for recalculation of prejudgment interest, also modifying the judgment to require Motel to transfer the note to USRP.

Breach of ContractPut OptionPromissory NoteLease AgreementMaterial DefaultSufficiency of EvidenceDamages CalculationJury InstructionsEvidentiary RulingsPrejudgment Interest
References
20
Case No. 03-94-00339-CV
Regular Panel Decision
Aug 16, 1995

Charlie Franks and Industrial Indemnity Insurance Company v. Sematech, Inc., F/D/B/A Semi Conductor Manufacturing Technology Initiative And Burle Industries, Inc.

This case from the Texas Court of Appeals addresses an injured employee's third-party liability claim and an insurance carrier's derivative subrogation rights under the Texas Workers' Compensation Act. Charlie Franks was injured, and the workers' compensation carrier, Industrial Indemnity Insurance Company, paid benefits and subsequently filed a subrogation lawsuit. Franks intervened with his own negligence claim, but his intervention was dismissed due to the two-year statute of limitations. Consequently, the trial court granted summary judgment against Industrial Indemnity, ruling its derivative subrogation claim moot as Franks's underlying rights could not be established. The appellate court affirmed both decisions, emphasizing that Industrial Indemnity's initial suit did not assert Franks's full third-party liability cause of action for his joint benefit.

Workers' CompensationSubrogationStatute of LimitationsThird-Party LiabilitySummary JudgmentPlea in InterventionAppellate ReviewTexas LawInsurance Carrier RightsDerivative Claim
References
17
Case No. 02-09-00025-CV
Regular Panel Decision
Sep 22, 2011

Metro A, LLC, Sun Holdings, LLC, POP Restaurants, LLC, Golden Restaurants, Inc., Firebrand Properties, LP, Corral Group, LP, Kansas Corral, LLC, Sunny Corral Management, LLC, Guillermo Perales, Frys Management, LLC v. Jessica Polley

This is an appeal from a default judgment against Appellants (Metro A, LLC, Sun Holdings, LLC, and others) and in favor of Appellee Jessica Polley. Polley had previously sued Metro Restaurants, LLC for sexual assault by an employee. In a later lawsuit, Polley sued the Appellants, alleging they were jointly and severally liable for Metro Restaurants' negligence and engaged in fraudulent transfers to prevent her from collecting a 2007 judgment against Metro Restaurants. Appellants appeal the default judgment on several grounds, including improper service, insufficient pleading, lack of evidence, and lack of notice for the default proceeding. They also challenge the denial of their motion for new trial, citing a calendaring mistake and a belief that a bankruptcy stay applied. The court of appeals affirmed the trial court's judgment, finding Appellants judicially admitted proper service, Polley's pleading was sufficient, and Appellants' excuses for not filing an answer were not credible.

Default judgmentAppealService of processMeritorious defenseCraddock factorsJudicial admissionNegligenceJoint and several liabilityBankruptcy stayCalendaring error
References
30
Case No. MISSING
Regular Panel Decision
Jul 27, 2007

Hai Ming Lu v. Jing Fong Restaurant, Inc.

Plaintiffs, members of the wait staff at Jing Fong Restaurant, Inc., filed an action alleging violations of the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL) concerning minimum wage, overtime, gratuity retention, uniform reimbursement, and retaliation, alongside a breach of contract claim. The defendants, Jing Fong Restaurant, Inc. and six associated individuals, moved for summary judgment. The Court granted summary judgment, dismissing claims related to retaliation, uniform cleaning costs, breach of contract, and the argument that retaining banquet service charges violated NYLL § 196-d, citing New York appellate precedents. However, the motion was denied for claims alleging the illegal use of the gratuity pool to pay restaurant expenses, improper tip credit usage under federal and state law, and management interference in tip distribution. The Court found that genuine issues of material fact remained for trial on these latter points.

Fair Labor Standards Act (FLSA)New York Labor Law (NYLL)Minimum WageOvertime ViolationsGratuitiesTip PoolingService ChargesUniform ReimbursementRetaliationSummary Judgment
References
14
Case No. W2014-00032-COA-R3-CV
Regular Panel Decision
Aug 05, 2014

Ricardo Torres v. Precision Industries, P.I., d/b/a Precision Industries, Terry Hedrick and Vicki Hedrick

Ricardo Torres, an undocumented worker, appealed the Hardeman County Circuit Court's grant of summary judgment in his retaliatory discharge claim against Precision Industries, Terry Hedrick, and Vicki Hedrick. Torres alleged he was terminated after filing a workers' compensation claim for a back injury sustained on the job. The trial court had ruled that an unauthorized alien lacked standing to bring such a claim as they were incapable of legal employment. The Court of Appeals reversed the trial court's decision, holding that undocumented employees do have standing to pursue retaliatory discharge claims in Tennessee, as the Workers' Compensation Act broadly defines 'employee' to include those lawfully or unlawfully employed. The court reasoned that retaliatory discharge actions protect employees' rights to file workers' compensation claims and preventing such claims by unauthorized aliens would create an incentive for employers to hire illegal workers and deny them benefits without consequence. The case was remanded for further proceedings.

Workers' CompensationRetaliatory DischargeUndocumented WorkerImmigration StatusSummary Judgment ReversalEmployee StandingEmployment LawTennessee Appellate CourtPublic Policy ExceptionEmployer Retaliation
References
52
Case No. MISSING
Regular Panel Decision

Stephenson v. Hotel Employees & Restaurant Employees Union Local 100

This is a dissenting opinion concerning an age discrimination lawsuit brought by Albert Stephenson and Leroy Hodge against the Hotel Employees and Restaurant Employees Union Local 100 and the Hotel Employees and Restaurant Employees International Union. The plaintiffs were fired in 1992, and a jury found in their favor, awarding substantial damages. The majority opinion reversed this verdict, but the dissenting judge, Mazzarelli, argues that the evidence presented at trial was legally sufficient to support the jury's finding of age discrimination. The dissent reviews the trial proceedings, jury instructions, evidentiary rulings, and damage awards, concluding that the jury had a rational basis for its decision. While affirming liability, the dissent suggests remanding the case for a collateral source hearing to determine potential offsets to the damages.

Age DiscriminationEmployment LawWrongful TerminationJury VerdictAppellate ReviewLegal SufficiencyBurden of ProofPretextDamagesFront Pay
References
22
Case No. MISSING
Regular Panel Decision

Matter of Marzovilla v. New York State Industrial Board of Appeals

Petitioners Nicola Marzovilla and Valodome, Inc., challenged a determination by the Industrial Board of Appeals (IBA) which found they violated Labor Law § 196-d by misappropriating employee tips at their New York City restaurant, iTrulli. The misappropriation occurred from 2001 to 2005 through the inclusion of senior employees, Gianni Linardic and Alex Steidl, in a mandatory tip pool, despite their ineligibility due to supervisory roles or non-service primary duties. The Department of Labor (DOL) initially assessed approximately $407,000 in owed wages, interest, and penalties, a finding largely upheld by the IBA. The Appellate Division confirmed the IBA's decision, concluding that Linardic exercised "meaningful authority" over other servers and Steidl's duties were not principally customer service, thus rendering both ineligible for tip sharing. Consequently, the determination of tip misappropriation was upheld, and the petitioners' CPLR article 78 petition was dismissed.

Tip PoolingWage MisappropriationLabor Law § 196-dIndustrial Board of AppealsAppellate ReviewRestaurant IndustrySupervisory EmployeesTip EligibilityCPLR Article 78Judicial Review
References
6
Case No. MISSING
Regular Panel Decision

Emhart Industries, Inc. v. Duracell International Inc.

This breach of contract case involves the sale of the Mallory Components Group by Duracell International Inc. to Emhart Industries, Inc. Several transferred facilities were contaminated with toxic substances (PCBs and TCE), leading to two consolidated lawsuits: Emhart v. Duracell and Dart, and Duracell v. Emhart. The trial was bifurcated into liability and damages phases. The Court ruled that Duracell and Dart are liable to Emhart for clean-up costs of the facilities and equipment, consequential damages arising from the necessary clean-up time, costs incurred in enforcing the contract, and a portion of third-party action costs. Additionally, Duracell was found liable to Emhart for CERCLA response costs. The Court also determined that Emhart's temporary plant shutdown was a reasonable response to perceived legal and health risks, but its subsequent decision to permanently close the plant and abandon equipment, while economically rational for Emhart, was outside the scope of Duracell's indemnity obligation.

Breach of ContractEnvironmental LawToxic SubstancesPCBsTCECorporate SaleIndemnity AgreementCERCLATSCAClean-up Costs
References
41
Case No. 03-07-00571-CV
Regular Panel Decision
Jan 15, 2009

Restaurant Enterprises, L.P. D/B/A or F/D/B/A Austin's Pizza v. Travelers Indemnity Co.

Appellant Restaurant Enterprises, L.P. (Austin's Pizza) appealed a summary judgment granted in favor of Appellee Travelers Indemnity Co. The core dispute revolved around whether Restaurant owed Travelers insurance premiums for more than the initial four stores, as Travelers claimed coverage for all of Restaurant's locations. The trial court had granted summary judgment to Travelers, awarding damages and attorney's fees. On appeal, the Third District Court of Appeals reversed the summary judgment, finding that Travelers failed to demonstrate the absence of material fact issues regarding other insurance coverage held by Restaurant during the relevant period. The court also deemed Travelers' supporting affidavit conclusory and lacking factual basis due to the absence of attached policy documents. Furthermore, the appellate court noted that the trial court's judgment erroneously purported to dispose of all claims, as Restaurant's counterclaims for breach of contract, fraud, negligent misrepresentation, and DTPA violations were not addressed. The case was remanded for further proceedings.

Summary judgmentInsurance coverage disputeSworn accountBreach of contractNegligent misrepresentationFraudDTPA violationsAppellate reviewConclusory affidavitMaterial fact
References
11
Showing 1-10 of 4,788 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational