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

Case No. 13-13-00552-CV
Regular Panel Decision
Feb 12, 2015

Nolana Open MRI Center, Inc. v. Guillermo R. Pechero M.D.Ruben D. Pechero M.D. Maplestar Orthopedics, P. A.

Nolana Open MRI Center, Inc. appealed a judgment rendered against it following a bench trial. The appellees, Guillermo R. Pechero, M.D., Ruben D. Pechero, M.D., and Maplestar Orthopedics, P.A., filed a motion to show authority, contending Nolana's counsel lacked the authority to bring the appeal. The underlying dispute involved the sale of Nolana's assets, patient referrals, lease agreements, and counterclaims for fraudulent inducement, conversion, and breach of contract. A key issue was a 50-50 ownership split in Nolana between Jose Castro and Agustin Garcia, where Castro had settled with defendants and granted them limited power of attorney to oppose litigation, while Garcia sought to authorize the appeal. The Court of Appeals, reviewing the trial court's findings, concluded that Nolana's counsel lacked standing due to the unresolved ownership conflict regarding the authority to initiate the appeal.

Appellate ProcedureJurisdictionMotion to Show AuthorityCorporate AuthorityShareholder DisputeLimited Power of AttorneyBreach of ContractTheft Liability ActFraudulent InducementTortious Interference
References
30
Case No. 13-0096
Regular Panel Decision
Aug 22, 2014

Tenet Hospitals Limited, a Texas Limited Partnership D/B/A Providence Memorial Hospital, and Michael D. Compton, M.D. v. Elizabeth Rivera, as Next Friend for M.R.

This case concerns a challenge to the constitutionality of the Medical Liability Act's ten-year statute of repose. Petitioners, Tenet Hospitals Limited and Michael D. Compton, M.D., sought summary judgment arguing the statute barred a medical negligence claim filed by Elizabeth Rivera on behalf of M.R. The alleged negligence occurred in 1996, and the suit was filed in 2011, five years after the 2003 repose statute's 2006 deadline. The trial court granted summary judgment, but the court of appeals reversed, finding the statute unconstitutional as applied to M.R. The Supreme Court of Texas reversed the court of appeals' judgment, holding that Rivera, acting as M.R.'s next friend, failed to demonstrate due diligence in filing the claim within the three-year grace period afforded by the statute. The Court also found the retroactivity challenge failed due to the compelling public interest in the Medical Liability Act and the sufficient grace period provided. Consequently, the Supreme Court rendered judgment that the plaintiff take nothing.

Medical MalpracticeStatute of ReposeOpen Courts ProvisionRetroactivityDue DiligenceMinor's ClaimConstitutional LawSummary JudgmentTexas Supreme CourtHealthcare Liability
References
26
Case No. 04-18-00064-CV
Regular Panel Decision
Sep 26, 2018

Richard Arce v. Ken McGough and Jan McGough D/B/A K&M Auto Sales

Richard Arce appealed a summary judgment ruling in favor of Ken McGough and Jan McGough d/b/a K&M Auto Sales after a tree branch fell on him at K&M's business. Arce sued for injuries, initially alleging premises liability and then amending his petition to focus on employer's negligence. K&M filed traditional and no-evidence motions for summary judgment, arguing Arce was an invitee and had no evidence to support premises liability. The appellate court determined that Arce's claim, despite being styled as negligence, fundamentally arose from a premises defect. Because Arce failed to present any evidence in response to K&M's no-evidence summary judgment motion, the trial court's decision to grant summary judgment was affirmed.

Summary judgmentPremises liabilityEmployer's negligenceContract workerInviteesDuty of careNo-evidence motionAppellate reviewFalling tree branchProperty condition
References
7
Case No. 13-16-00346-CV
Regular Panel Decision
Sep 06, 2018

Fatih Ozcelebi, M. D. v. K. v. Chowdary, M. D., Individually and D/B/A Valley Gastroenterology Clinic, P. A.: Valley Gastroenterology Clinic P. A.

Appellant, Fatih Ozcelebi, M.D., appealed various rulings in a long-standing dispute with appellees K.V. Chowdary, M.D., and Valley Gastroenterology Clinic, P.A. (VGC). The case stemmed from an employment agreement with non-compete and liquidated damages clauses, which Dr. Ozcelebi allegedly breached by leaving VGC early and starting his own practice. Dr. Chowdary sued for breach of contract and fiduciary duty, while Dr. Ozcelebi filed counterclaims including RICO, ERISA, and others. The trial court granted special exceptions against Dr. Ozcelebi's pleadings for improper verification and subsequently granted summary judgments in favor of Dr. Chowdary. Additionally, Dr. Ozcelebi was sanctioned for failing to attend a court-ordered mediation with his attorney. The Court of Appeals affirmed all of the trial court's judgments and orders.

Employment LawContract DisputeNon-Compete AgreementLiquidated DamagesBreach of Fiduciary DutyCivil ProcedureSummary JudgmentDiscovery SanctionsMediation SanctionsERISA Preemption
References
50
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. MISSING
Regular Panel Decision

S.M. v. M.M.-M.

This case involves a matrimonial action between S.M. (plaintiff) and M.M-M. (defendant) concerning pendente lite relief, child support, maintenance, and the equitable distribution of marital assets, specifically the transfer of the husband's business (EA & D) to his daughter. The court granted the wife's request for the husband to continue paying all costs associated with maintaining the marital residence and awarded her $1,290 per month in temporary child support, retroactive to July 30, 2015. However, the court denied the wife's motion to determine if the transfer of EA & D was improper, reserving the issue for trial due to a factual dispute over the husband's intent. The court also denied the request for a forensic evaluation of EA & D and M. Studios, stating it lacked jurisdiction over the transferred business and that M. Studios had no assets to value. The court noted that if the transfer is later found improper, the wife could be awarded a greater share of remaining marital property.

divorce proceedingstemporary maintenancechild support awardmarital property disputebusiness asset transferequitable distribution factorsforensic accounting denialmatrimonial lawNew York Supreme Courtpendente lite relief
References
12
Case No. 3-93-515-CV
Regular Panel Decision
Dec 21, 1994

Suzanna L. Carlson and Travelers Indemnity Company of Rhode Island v. William P. Taylor, M.D. Austin Back Clinic Capital Radiology Association J. Neil Rutledge, M.D.Richard D. Tallman, M.D. And Austin Diagnostic Clinic

Appellant Suzanne L. Carlson brought a medical malpractice action against multiple appellees. Travelers Indemnity Company of Rhode Island intervened as Carlson's employer's workers' compensation carrier. The trial court struck Carlson's expert witnesses and granted summary judgment for the appellees. On appeal, the Court of Appeals reversed the trial court's judgment, finding that the trial court abused its discretion by improperly striking expert witnesses and freezing discovery, thereby depriving Carlson of the opportunity to present controverting evidence. The case is remanded for a new trial.

Medical MalpracticeExpert Witness ExclusionSummary Judgment ReversalDiscovery AbuseAppellate Court DecisionTexas Civil ProcedureTrial Court DiscretionWorkers' Compensation InterventionRemand for New TrialStandard of Care
References
16
Case No. 01-03-00924-CV
Regular Panel Decision
Oct 06, 2005

Mary Williams, D.D.S. and Russell Williams, D.D.S. v. L.M.S.C., Inc., D/B/A the Dental Solution

Mary Williams, D.D.S. and Russell Williams, D.D.S. appealed a judgment in favor of L.M.S.C., Inc., d/b/a The Dental Solution (TDS), stemming from a breach of contract dispute. TDS, a dental placement service, sued the Williams for an unpaid permanent placement fee after Diana Flanagan, whom TDS had previously placed temporarily as a dental hygienist, was hired by the Williams as a full-time dentist. The appellants challenged the jury's findings, arguing the contract did not cover dentists, lacked new consideration for modifications, and missed essential terms. The First District of Texas Court of Appeals affirmed the trial court's judgment, concluding that the placement agreement, as modified by subsequent fee schedules, applied to the placement of dentists and that sufficient evidence supported the jury's finding that the Williamses breached the contract by failing to pay the permanent placement fee. The court also upheld the award of attorney’s fees.

Breach of ContractPlacement AgreementDental IndustryPermanent Placement FeeContract ModificationConsiderationMeeting of the MindsLegal Sufficiency of EvidenceAttorney's FeesPrejudgment Interest
References
35
Case No. 01-23-00911-CV
Regular Panel Decision
Jun 06, 2024

MD Anderson Cancer Center v. Bing Wang, M.D.

M.D. Anderson Cancer Center appealed the trial court's denial of its plea to the jurisdiction in an employment-discrimination lawsuit filed by Bing Wang, M.D. Wang alleged discrimination and retaliation after M.D. Anderson decided not to renew his faculty appointment. M.D. Anderson argued that Wang failed to timely exhaust administrative remedies by not filing a discrimination charge within 180 days of being informed of the nonrenewal. The appellate court agreed with M.D. Anderson, holding that the 180-day deadline started from the initial nonrenewal letter, not the conclusion of the internal appeal process. Consequently, the court set aside the trial court's order and dismissed Wang's lawsuit for lack of subject-matter jurisdiction.

Employment DiscriminationRetaliationSovereign ImmunityAdministrative RemediesTimelinessJurisdictional Prerequisite180-day DeadlineUnequivocal NoticeNonrenewal of EmploymentFaculty Appointment
References
16
Case No. 03-03-00379-CV
Regular Panel Decision
Apr 08, 2004

Chris M. Schade, M.D., Ph.D. v. Texas Workers' Compensation Commission And Richard F. Reynolds, Executive Director

Chris M. Schade, a physician, challenged the Texas Workers’ Compensation Commission's authority to conduct "desk reviews" of his services to workers’ compensation claimants, alleging it was an unconstitutional warrantless search and an impermissible regulation of medicine. The Commission's audit focused on Schade's treatment, billing, and business practices for five patients. The district court affirmed the Commission's authority and found the review constitutional. The Court of Appeals upheld the district court's judgment, concluding that the "desk review" was an authorized administrative subpoena, not an unreasonable search, and that the Commission acted within its statutory powers to monitor healthcare providers. Schade's claim regarding medical practice regulation was waived for not being raised at trial.

TexasWorkers' CompensationMedical DoctorAdministrative LawStatutory AuthorityDesk ReviewAdministrative SubpoenaSearch and SeizureTexas ConstitutionPhysician Regulation
References
43
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