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

Case No. MISSING
Regular Panel Decision

Desser v. Ashton

This opinion addresses the sufficiency of an oral contract to satisfy the "purchaser-seller" requirement in a private action under Section 10(b) of the 1934 Exchange Act and Rule 10b-5, where no actual purchase or sale of securities occurred. The court considers whether such an oral agreement, even if potentially unenforceable under the statute of frauds, can support a federal securities claim. Reviewing existing jurisprudence, the court emphasizes a liberal and flexible construction of anti-fraud provisions to protect investors. It concludes that an action under Rule 10b-5 is not deficient merely because the contract relied upon is oral rather than written. Consequently, the defendants' motions for summary judgment are denied, and the case is set to proceed to trial, affirming the court's jurisdiction over the matter.

Securities fraudOral contractsRule 10b-5Purchaser-seller requirementStatute of fraudsPendent jurisdictionSummary judgmentFederal court jurisdictionExchange Act of 1934Investor protection
References
18
Case No. MISSING
Regular Panel Decision

Noonan v. Granville-Smith

In this complex litigation, plaintiffs brought Rule 10b-5 fraud allegations against various defendants, including a law firm, concerning the sale of limited partnership interests in the now insolvent Maidsville Coal Mining Partnership. The defendant law firm subsequently filed third-party complaints seeking contribution from another law firm claimed to have participated in such representation. The third-party defendants moved to dismiss these complaints, arguing that Rule 10b-5 does not provide for contribution claims. The court denied these motions, rejecting the invitation to overturn established precedents like Globus II and Tucker v. Arthur Andersen & Co. It emphasized that while Supreme Court cases cited by the third-party defendants dealt with statutory remedies, Rule 10b-5 actions are judicially established and delimited, and the Supreme Court had explicitly left open the viability of Globus II.

Rule 10b-5Securities FraudContribution ClaimsLimited Partnership InterestsMotions to DismissSupreme Court PrecedentJudicial DelimitationFraud AllegationsLaw Firm LiabilityThird-Party Complaints
References
7
Case No. MISSING
Regular Panel Decision

Cavazos v. Texas Employers Insurance Ass'n

The case involves an appeal from a trial court's dismissal of the appellant's suit to overturn a final ruling by the Industrial Accident Board. The dismissal was due to the appellant's failure to file the suit within the mandatory 20-day limitation period prescribed by Tex.Rev.Civ.Stat. Ann. art. 8307 § 5. The appellant contended that worker's compensation law should be liberally construed, citing precedents like Ward and Standard Fire Insurance Company. However, the court affirmed that the 20-day filing period is jurisdictional and mandatory. It clarified that Rule 5 of the Texas Rules of Civil Procedure, which provides for an enlargement of time for mailed documents, was inapplicable because the appellant's petition was filed late, not merely mailed late. The court concluded that applying Rule 5 would improperly extend the statute of limitations, and thus affirmed the trial court's judgment.

Statute of LimitationsJurisdictionTimely FilingAppellate ReviewIndustrial Accident Board RulingRule 5 TRCPMandatory Statutory PeriodLiberal Construction DoctrineProcedural DismissalWorker's Benefits Appeal
References
7
Case No. M2012-01918-COA-10B-CV
Regular Panel Decision
Sep 17, 2012

In Re: Conservatorship of John Daniel Tate

This case concerns an interlocutory appeal of right from the denial of a motion for recusal in a conservatorship proceeding for John Daniel Tate. Mr. Tate argued the trial judge exhibited personal bias due to contentious litigation, adverse rulings, his public criticism via a blog, and a federal lawsuit he filed against the judge. The Court of Appeals of Tennessee, reviewing de novo under Rule 10B, found no reasonable basis to question the judge's impartiality. The court affirmed the trial court's decision, noting that adverse rulings and a litigant's actions to force recusal are generally insufficient grounds for disqualification. Additionally, the court found no procedural errors regarding the promptness or written explanation of the denial, and dismissed other jurisdictional claims as outside the scope of a Rule 10B appeal.

Recusal MotionConservatorshipInterlocutory AppealJudicial BiasAppellate ReviewTennessee Supreme Court Rule 10BMotion DenialTrial Judge DisqualificationCourt of AppealsAdverse Rulings
References
7
Case No. MISSING
Regular Panel Decision

Gambella v. Guardian Investor Services Corp.

Plaintiff George Gambella alleged that defendants Guardian Investors Services Corporation and John McQueen violated federal securities law (Section 10(b) and Rule 10b-5) and various state laws. Gambella claimed McQueen, a sales representative for Guardian, fraudulently failed to execute sell orders for his 25,000 shares of United Entertainment Corporation (UENT) stock in January 1997, falsely stating the shares were illiquid. Gambella suffered over $100,000 in losses when the UENT stock became valueless due to alleged price manipulation by McQueen's former employer and others. Defendants moved to dismiss, arguing Gambella lacked standing under Rule 10b-5 as he was fraudulently induced to retain securities, not purchase or sell them. The Court granted the motion, agreeing that the 'aborted purchaser-seller exception' was not applicable post-Blue Chip Stamps, thus dismissing the federal claim and the remaining state law claims for lack of diversity jurisdiction.

Securities FraudRule 10b-5Section 10(b)Motion to DismissStandingAborted Purchaser-Seller ExceptionBlue Chip Stamps RuleBirnbaum RuleFraudulent InducementRetention of Securities
References
18
Case No. No. 77-Civ.-2037
Regular Panel Decision

In Re Commonwealth Oil/Tesoro Petroleum Corp. Securities Litigation

This MEMORANDUM OPINION AND ORDER addresses pretrial motions in four consolidated multidistrict litigation actions, primarily focusing on alleged violations of federal securities laws and common law doctrines related to a 1975 tender offer by Tesoro Petroleum Corp. for Commonwealth Oil Refining Co. shares. Judge Patrick E. Higginbotham dismissed Section 14(a) claims and some Rule 10b-5 claims due to standing issues or lack of duty to disclose. However, several Section 14(e) claims brought by Bouchard plaintiffs, along with certain state law derivative claims, survived the motions. While motions for summary judgment by E. F. Hutton, Peter M. Detwiler, and Gary W. Davis were granted in their entirety, those from Deloitte, Haskins & Sells and Tesoro defendants were mostly denied. The court also granted S. Richard Stern's motion to intervene in the Rule 10b-5 class and did not dismiss his Section 11 claim as time-barred.

Securities LawTender OfferRule 10b-5Section 14(e)Multidistrict LitigationCorporate GovernanceBreach of Fiduciary DutyShareholder Class ActionSummary JudgmentDismissal of Claims
References
71
Case No. MISSING
Regular Panel Decision

City of New York v. State

This case addresses the constitutionality of Chapter 5 of the Laws of 1999, which attempted to rescind New York City's commuter tax for New York State residents while retaining it for out-of-State commuters. The City of New York challenged the statute on home rule grounds, while residents of New Jersey and Connecticut, along with the State of Connecticut, argued it violated the Federal Constitution's Privileges and Immunities and Commerce Clauses. The Court held that Chapter 5 did not violate state home rule provisions. However, it found the statute unconstitutional under the Federal Privileges and Immunities and Commerce Clauses due to its discriminatory treatment of out-of-State commuters. Consequently, the 'poison pill' provision of Chapter 5 took effect, leading to the repeal of the entire New York City commuter tax as of July 1, 1999.

Commuter TaxHome Rule ProvisionsPrivileges and Immunities ClauseCommerce ClauseConstitutional ChallengeState TaxationTax DiscriminationNew York CityLegislative PowerStatutory Repeal
References
40
Case No. MISSING
Regular Panel Decision

Polak v. Continental Hosts, Ltd.

The case involves two plaintiffs, Jack and Anthony Polak (shareholders of Continental Hosts, Ltd.), who filed a class action complaint alleging a violation of Rule 10(b)(5) of the Securities Exchange Act of 1934 against Continental Hosts, Ltd. and individual defendants. The Merger Plaintiff claimed the $12 per share merger price was inadequate and the Delaware appraisal right was an unfair burden. The Disclosure Plaintiff alleged selling shares at an artificially low price due to defendants' failure to disseminate financial information. The court, citing Santa Fe Industries, Inc. v. Green, held that an inadequate merger price and state appraisal rights do not constitute fraud or manipulation under Rule 10b-5. It also found no duty of disclosure for non-reporting companies or for individual defendants, and that the "disclose or abstain" rule only applies to contemporaneous traders, which the Disclosure Plaintiff was not. Consequently, the defendants' motion to dismiss the complaint was granted, with pendent state law claims also dismissed.

Securities LawRule 10b-5Motion to DismissClass ActionShareholder RightsCorporate MergersDuty to DiscloseInsider TradingDelaware LawFederal Jurisdiction
References
22
Case No. 09-03-051 CV
Regular Panel Decision
Dec 11, 2003

Magnolia Bend Volunteer Fire Department, Inc. v. John J. McDonnell and Montgomery County Emergency Services District No. 5

The Magnolia Bend Volunteer Fire Department, Inc. (Fire Department) sued Montgomery County Emergency Services District No. 5 (the District) and John McDonnell, alleging improper transfer of property and breach of fiduciary duty. The District counterclaimed, asserting the original deed placing title in the Fire Department's name was constitutionally void and seeking a resulting trust. The trial court sided with the District, finding the deed void and imposing a resulting trust, and ruled against the Fire Department's claims. The Fire Department appealed, raising issues regarding McDonnell's fiduciary duty, the voidness of the deed, and the imposition of a resulting trust. The Court of Appeals affirmed the trial court's judgment, finding no reversible error in the trial court's findings.

Warranty DeedAssignment of LeaseBreach of Fiduciary DutyResulting TrustConstitutional LawTexas ConstitutionProperty OwnershipPublic FundsVolunteer Fire DepartmentEmergency Services District
References
12
Case No. 03-05-00413-CV
Regular Panel Decision
Jun 29, 2007

Armando Sanchez, M.D. v. Texas State Board of Medical Examiners and Donald W. Patrick, M.D.

This disciplinary action was brought by the Commission for Lawyer Discipline against Raul Garcia, a Texas-licensed attorney, for violations of rules 5.04(a), 5.04(b), 5.05(b), and 7.01(a) of the Texas Disciplinary Rules of Professional Conduct. The district court granted summary judgment for the Commission as to rules 5.04(a), 5.05(b), and 7.01(a), and for Garcia as to rule 5.04(b). Garcia appealed the judgment. At relevant times, Garcia was employed by Cristo Vive, a nonprofit organization that provided immigration-related legal matters. It is undisputed that Cristo Vive charged fees for these legal services and that Cristo Vive has never succeeded in obtaining the required recognition or accreditation.

Attorney DisciplineUnauthorized Practice of LawFee SplittingProfessional Conduct RulesTrade Name ViolationLawyer EmploymentNon-profit OrganizationImmigration Legal ServicesSummary JudgmentTexas Court of Appeals
References
16
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