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

Case No. 01-07-00008-CV
Regular Panel Decision
Apr 10, 2008

Richard Skains v. Torch Offshore, L.L.C.

Richard Skains, an x-ray technician, was injured while being transported on Torch Offshore, L.L.C.'s vessel. He sued Torch Offshore, L.L.C. for negligence under general maritime law, among other claims. The trial court rendered a take-nothing judgment after a jury found neither party negligent. Skains appealed, arguing that the evidence was factually insufficient to support the jury's finding that Torch was not negligent. The Court of Appeals for the First District of Texas affirmed the trial court's judgment, concluding that Skains failed to preserve his factual sufficiency complaint by not asserting it in his motion for new trial.

Maritime LawNegligence ClaimFactual SufficiencyAppellate ProcedurePreservation of ErrorJury FindingTake-Nothing JudgmentTexas Court of AppealsJones ActLHWCA
References
1
Case No. 09-05-231 CV
Regular Panel Decision
May 25, 2006

Joseph Richards v. American National Property and Casualty Company, Joanie Cummins, Dewey L. Vines, Tina M. Vines, Brenda Vines and Christus Health Southeast Texas D/B/A Christus St. Elizabeth Hospital

Joseph Richards (Appellant) filed a petition for declaratory relief against American National Property and Casualty Company (ANPAC), Joanie Cummins, Dewey L. Vines, Tina M. Vines, Brenda Vines, and Christus Health Southeast Texas d/b/a Christus St. Elizabeth Hospital (Appellees). Richards sought a determination regarding the defendants' alleged violation of a settlement release agreement by issuing a separate draft payable to him and St. Elizabeth Hospital. The dispute arose from an automobile accident where Richards incurred medical expenses at St. Elizabeth, and ANPAC issued two checks, one to Richards and his attorney, and another to Richards and St. Elizabeth, after being informed of a hospital lien. The trial court granted summary judgment motions in favor of the defendants, which Richards appealed. The Court of Appeals affirmed the trial court's judgment, finding ANPAC acted reasonably and the hospital lien was valid.

Settlement AgreementHospital Lien LawTexas Property CodeSummary JudgmentDeclaratory ReliefBreach of ContractMotion for ContinuanceMotion for New TrialAutomobile AccidentMedical Expenses
References
14
Case No. 2021 NY Slip Op 00133 [190 AD3d 505]
Regular Panel Decision
Jan 12, 2021

Santana v. MMF 1212 Assoc L.L.C.

Plaintiff, Juan C. Santana, was injured during demolition work when a ceiling fell and struck him. He brought claims under Labor Law §§ 241 (6) and 200, alleging violations of Industrial Code (12 NYCRR) §§ 23-1.8 (c) and 23-3.3 (c). The Appellate Division affirmed the denial of Richard Mishkin Contracting Inc.'s motion for summary judgment on the Labor Law § 241 (6) claim, finding issues of fact regarding the provision of safety hats and ongoing inspections. The court also affirmed the dismissal of the Labor Law § 200 claim against MMF 1212 Assoc L.L.C. and Finkelstein Timberger East Real Estate LLC, as plaintiff did not oppose and they lacked control over the work. Finally, Mishkin's cross-claims for common-law contribution and indemnification were not dismissed due to conflicting expert opinions on the gravity of plaintiff's brain injury under Workers' Compensation Law § 11.

Demolition AccidentFalling ObjectsConstruction SafetyLabor LawIndustrial CodeSummary JudgmentContribution ClaimIndemnification ClaimWorkers' CompensationAppellate Review
References
4
Case No. MISSING
Regular Panel Decision

Echostar Satellite L.L.C. and Dish Network Service L.L.C. v. Ray Aguilar

Ray Aguilar sued his employers, Echostar Satellite L.L.C. and Dish Network Service, L.L.C., for wrongful termination in violation of the Texas Labor Code Chapter 451, alleging retaliation for filing a workers' compensation claim after a workplace injury. Aguilar claimed a hostile work environment, denial of a pay raise, and being pressured into unpaid FMLA leave, leading to his termination for 'job abandonment' without proper notice. A jury found in Aguilar's favor, awarding actual and punitive damages. The appellate court affirmed the findings of retaliation and constructive discharge, concluding there was sufficient evidence that the employers failed to uniformly enforce their absence control policy and showed a causal link between the claim and termination. However, the court reversed the punitive damages award, finding insufficient evidence of actual malice.

Retaliatory DischargeEmployment DiscriminationTexas Labor Code Chapter 451Absence Control PolicyConstructive TerminationFamily Medical Leave Act (FMLA)Exemplary DamagesLegal SufficiencyFactual SufficiencyAppellate Review
References
42
Case No. 08-10-00328-CV
Regular Panel Decision
Oct 17, 2012

Echostar Satellite L.L.C. and Dish Network Service L.L.C. v. Ray Aguilar

Ray Aguilar, a former employee, sued Echostar Satellite L.L.C. and Dish Network, L.L.C. for wrongful termination under the Texas Labor Code Chapter 451, alleging retaliation for filing a workers' compensation claim. A jury found in Aguilar's favor, awarding actual and exemplary damages. On appeal, the Eighth District Court of Appeals of Texas affirmed the jury's findings regarding the employer's failure to uniformly enforce its absence control policy, the presence of retaliatory discharge, and constructive termination. However, the court reversed the award of exemplary damages, concluding there was insufficient evidence of actual malice.

Workers' CompensationRetaliatory DischargeAbsence Control PolicyConstructive TerminationExemplary DamagesTexas Labor CodeFMLAJury VerdictAppellate ReviewEmployment Law
References
42
Case No. 14-09-01046-CV
Regular Panel Decision
Jun 22, 2010

950 Corbindale, L.P., 950 Corbindale Management, L.L.C., 9041 Katy Freeway, Ltd., 9041 Katy Freeway Management, L.L.C., 9039 Holdings Management, L.L.C., Lester Allison, and Richard Plessala v. Kotts Capital Holdings Limited Partnership and Kotts Captial Holdings, Inc.

This is an accelerated interlocutory appeal concerning the denial of a motion to stay litigation and compel arbitration. The appellees, Kotts Capital Holdings, had sought declaratory relief regarding partnership agreements. Appellants argued that the dispute fell within the scope of a valid arbitration agreement, despite a clause limiting awards to 'compensatory damages only.' The appellate court found that this limitation applied only to the type of damages, not the arbitrator's authority to grant declaratory relief. Consequently, the court reversed the trial court's order, compelling arbitration.

Arbitration AgreementMotion to CompelDeclaratory JudgmentContract InterpretationPartnership DisputeScope of ArbitrationAppellate ProcedureTexas LawRemandInterlocutory Appeal
References
11
Case No. M2000-01429-CCA-R3-CD
Regular Panel Decision
Sep 07, 2001

State of Tennessee v. Richard L. Thompson

Richard L. Thompson pleaded guilty to one count of incest of his stepdaughter and received a six-year sentence. He requested an alternative sentence and probation, which the trial court denied, leading to his appeal. Thompson raised five issues, challenging the trial court's consideration of a prior Pennsylvania conviction, the applicability of enhancement factors, the necessity of confinement to avoid depreciating the offense's seriousness, and the failure to consider less restrictive measures or his special needs for community corrections. The appellate court reviewed the record, arguments, and applicable law, finding no error and affirming the trial court's judgment. The court specifically found error in applying one enhancement factor (victim vulnerability) but upheld the applicability of two others (gratification and abuse of trust) and the denial of alternative sentencing based on the seriousness of the multiple incestuous acts.

IncestSentencing HearingAlternative SentencingProbationEnhancement FactorsMitigating FactorsSexual OffenseAbuse of TrustPsychosexual EvaluationBipolar Disorder
References
28
Case No. 03-03-00435-CV
Regular Panel Decision
Jul 29, 2004

Texas Workers' Compensation Commission Richard Reynolds, in His Official Capacity as Executive Director of the Texas Workers' Compensation Commission/East Side Surgical Center Clinic for Special Surgery And Surgical and Diagnostic Center, L.P. v. East Side Surgical Center Clinic for Special Surgery/Texas Workers' Compensation Commission Richard Reynolds, in His Official Capacity as Executive Director of the Texas Workers' Compensation Commission

This case involves the Texas Workers’ Compensation Commission's failure to establish fee guidelines for ambulatory surgical centers under the Texas Workers’ Compensation Act. East Side Surgical Center, Clinic for Special Surgery, and intervenor Surgical and Diagnostic Center, L.P. (collectively "East Side") sued the Commission to invalidate certain default rules that applied when specific guidelines were absent. The district court declared one rule (133.304(i)) invalid and enjoined its enforcement, citing unlawful delegation of authority. On appeal, the Court of Appeals reversed the district court's judgment regarding the rule's invalidity and dissolved the injunction, citing a Texas Supreme Court decision finding no unlawful delegation. The court affirmed that East Side was not entitled to its usual and customary fee in the absence of specific guidelines.

Workers' CompensationAdministrative LawDelegation of AuthorityRulemakingAmbulatory Surgical CentersJudicial ReviewInsurance CarrierFee GuidelinesFair and Reasonable RatesStatutory Interpretation
References
38
Case No. 09-23-00047-CV
Regular Panel Decision
Jun 27, 2024

Dockside Marine, L.L.C. v. Joshua Walker, Bryan Brown, and HTX Watersports, L.L.C.

Dockside Marine, L.L.C. appealed the trial court's grant of summary judgment in favor of Joshua Walker, Bryan Brown, and HTX Watersports, L.L.C. Dockside's claims included theft, conversion, breach of fiduciary duty, tortious interference with contract, and civil conspiracy, stemming from allegations that Walker, their former General Manager, diverted business and employees to a new competing dealership, HTX. The Court of Appeals partially reversed, finding genuine issues of material fact for theft and conversion claims against all appellees, and for breach of fiduciary duty against Walker. However, the court affirmed the summary judgment for knowing participation in breach of fiduciary duty against Brown and HTX, and for tortious interference and civil conspiracy against all appellees. This affirmation was based on Dockside's failure to present sufficient evidence regarding a "meeting of the minds" or direct interference for these specific claims.

theftconversionbreach of fiduciary dutytortious interferencecivil conspiracysummary judgmentat-will employmentboat dealership disputecontract disputeappellate review
References
39
Case No. 01-15-00733-CV
Regular Panel Decision
Feb 18, 2016

in the Interest of D.R.L., C.L.W., Jr., and A.E.L., Children

Margarita Luna and Jason McDonald appealed a trial court order terminating their parental rights to D.R.L., C.L.W., Jr., and A.E.L. The Texas Department of Family and Protective Services (DFPS) initiated the termination based on allegations of Luna's physical abuse, neglectful supervision, and physical neglect, alongside her history of drug abuse and non-compliance with her family service plan. McDonald's rights were terminated due to his failure to respond to citation and assert paternity for D.R.L. The appellate court affirmed the trial court's judgment, finding sufficient evidence to support the termination of Luna's parental rights was in the children's best interest. It also upheld McDonald's termination under Texas Family Code section 161.002(b)(1), which does not require a best interest finding for an alleged father who fails to respond to citation.

Parental Rights TerminationChild WelfareDrug AbuseNeglectPhysical AbuseFamily LawBest Interest of ChildAppellate ReviewDue ProcessConstitutional Challenge
References
48
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