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

Case No. 1:00-1898, MDL 1358(SAS), M 21-88, 04-Civ-2389, 04-Civ-5424, 04-Civ-3417, 04-Civ-4968
Regular Panel Decision
Oct 10, 2006

In Re Methyl Tertiary Butyl Ether (MTBE) Products

This consolidated multi-district litigation (MDL) concerns groundwater contamination by the gasoline additive MTBE and its degradation product, TBA. Defendants moved for summary judgment in several New York actions and one Orange County Water District action, arguing plaintiffs lacked Article III standing because the contamination levels were below the Maximum Contaminant Level (MCL), thus not constituting an "injury-in-fact." The court analyzed whether the MCL defines the scope of a legally protected interest, distinguishing prior cases involving private well owners or those where remediation expenses were not directly linked to contamination. The court concluded that MCLs are regulatory standards for water providers, not a strict definition of what constitutes an injury for tort liability. It determined that contamination below the MCL can still cause a cognizable injury due to monitoring, testing, treatment costs, and issues like taste and odor. The court denied defendants' motions for summary judgment, finding that factual disputes remain regarding the extent of plaintiffs' alleged injuries from low-level MTBE contamination, making a summary judgment ruling premature.

Groundwater ContaminationMTBE LitigationTertiary Butyl Alcohol (TBA)Product LiabilityMulti-District Litigation (MDL)Article III StandingSummary JudgmentMaximum Contaminant Level (MCL)Environmental LawWater Quality Standards
References
60
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
Case No. 04 CV 4165
Regular Panel Decision

Olsen v. New York Community Bancorp, Inc.

This Memorandum of Decision and Order addresses motions to consolidate eleven related securities fraud class actions and appoint a lead plaintiff and lead counsel. The actions were brought on behalf of investors who purchased New York Community Bancorp, Inc. (NYCB) stock between June 2003 and May 2004, alleging violations of federal securities law due to material misrepresentations and omissions related to NYCB's merger with Roslyn Bancorp, Inc. The Court, presided over by District Judge Hurley, granted the motion to consolidate all actions under case number 04 CV 4165. Applying the Private Securities Litigation Reform Act of 1995 (PSLRA) and Rule 23 of the Federal Rules of Civil Procedure, the Court appointed the "NYCB Group," composed of Metzler Investment GmbH and Bernard Drucker, as the lead plaintiff, determining they had the largest financial interest and satisfied all other requirements. Milberg Weiss Bershad & Schulman LLP was approved as lead counsel. The motions from other groups (Lee Group, Dr. Schnapp, Stevens Group, Dalia Group, Stewart Group) for lead plaintiff were denied.

Securities FraudClass ActionLead PlaintiffLead CounselConsolidation of ActionsPSLRAEastern District of New YorkNYCB GroupMetzler InvestmentBernard Drucker
References
16
Case No. NO. 14-13-00421-CV
Regular Panel Decision
Apr 24, 2014

Sheila Adams v. Golden Rule Service, Inc.

Sheila Adams, a nursing aide, sued her employer, Golden Rule Service, Inc., for injuries allegedly sustained while assisting a patient at Golden Rule's health care facility. The trial court dismissed the case because Adams failed to serve an expert report as required by the Texas Medical Liability Act (TMLA). Adams appealed, arguing her claims were not governed by the TMLA. The Fourteenth Court of Appeals affirmed the trial court's decision, concluding that Adams's claims were health care liability claims subject to the TMLA's expert report requirement, consistent with prior court precedents.

Health care liabilityTMLAExpert reportNegligenceEmployer liabilityMedical injuryWorkplace injuryTexas lawAppellate reviewDismissal
References
7
Case No. MISSING
Regular Panel Decision
Mar 26, 1998

In Re Bagel Bros. Bakery & Deli, Inc.

This order addresses whether Federal Rule of Bankruptcy Procedure 1014(b) imposes an automatic stay on proceedings in a subsequently-filed bankruptcy case. The case involves three Chapter 11 cases of Bagel Bros. Maple, Inc. and Bagel Bros. Deli & Bakery, Inc. in the Western District of New York, which are related to earlier Chapter 11 cases of MBC in the District of New Jersey. MBC filed a motion in New Jersey seeking to transfer venue and requested that the New York court automatically stay its proceedings based on Rule 1014(b). Bankruptcy Judge Michael J. Kaplan ruled that Rule 1014(b) does not constitute an automatic or self-executing stay upon the mere filing of a motion. Instead, a judicial determination and order from the first-filed court (District of New Jersey) are required to impose such a stay, ensuring that substantive rights are not abridged and allowing for judicial discretion in emergency matters. Therefore, the proceedings in the Western District of New York are not automatically stayed.

Bankruptcy ProcedureAutomatic StayFederal Rule of Bankruptcy Procedure 1014(b)Venue TransferChapter 11 ReorganizationInter-district BankruptcyJudicial InterventionSubstantive RightsFranchise AgreementsCash Collateral Disputes
References
12
Case No. 01-04-01157-CV, 01-04-01128-CV
Regular Panel Decision

Metropolitan Transit Authority v. Jackson

Justice Terry Jennings concurs with the court's decision to affirm the trial court's October 4, 2004 judgment in appellate cause number 01-04-01157-CV. The opinion highlights that a judgment is void if the court lacks jurisdiction to enter it, referencing established Texas law. Specifically, the July 16, 2006 judgment was deemed void due to appellee Edward Jackson's failure to provide prior notice to the Texas Workers’ Compensation Commission, as mandated by section 410.258(a) of the Texas Labor Code. Such non-compliance with section 410.258 renders a judgment void and does not divest the trial court of plenary power. Consequently, Justice Jennings also recommends denying Metropolitan Transit Authority’s Petition For Writ of Mandamus, filed under cause number 01-04-01128-CV.

Workers' Compensation LawJurisdictionVoid JudgmentsStatutory NoticeAppellate ProcedureMandamusTexas Labor CodeJudicial ReviewPlenary PowerAdministrative Decisions
References
2
Case No. 04-10-00704-CV
Regular Panel Decision
Aug 03, 2011

Bairon Israel Morales v. Michelin North America, Inc.

Bairon Israel Morales was injured in a truck accident while working for K&K Repair Service, LLC. Texas Mutual Insurance Company, K&K's workers' compensation carrier, paid Morales benefits. Morales sued Michelin North America, Inc. and Discount Tire Company of Texas, eventually settling with them after nonsuiting his employer and the driver. The appeal concerns the allocation of Texas Mutual's subrogation lien and whether Morales's attorney is entitled to a proportionate share of expenses from Texas Mutual's recovery. The court ruled that Texas Mutual was not actively represented in the third-party action, thus section 417.003(a) of the Texas Labor Code applies, entitling Morales's attorney to a proportionate share of expenses. The judgment was modified to reduce Texas Mutual's payment by this share. The court denied Morales's request for a determination of the employer's percentage of responsibility, stating the issue was moot due to the settlement with all defendants.

Workers' CompensationSubrogation LienAttorney's FeesLitigation ExpensesTexas Labor CodeCivil Practice and Remedies CodeSummary JudgmentAppellate ReviewActive RepresentationSettlement Agreement
References
20
Case No. 03-04-00253-CV
Regular Panel Decision

Texas Orthopaedic Ass'n v. Texas State Board of Podiatric Medical Examiners

The Texas State Board of Podiatric Medical Examiners (the "Board") promulgated a rule defining "foot" to include portions of the ankle and soft tissues extending into the leg. The Texas Orthopaedic Association, Texas Medical Association, and Andrew M. Kant, M.D. (appellants) challenged this rule, arguing it impermissibly expanded the scope of podiatry. The district court upheld the rule, but the appellate court reversed its judgment. The appellate court concluded that the Board exceeded its authority because the rule's definition authorized podiatrists to treat body parts outside the traditional scope of podiatry, such as nerves and veins along the leg, constituting unauthorized medical practice. The court rejected arguments regarding legislative acceptance and the rule's reasonableness, finding it inconsistent with existing statutes.

PodiatryScope of PracticeAdministrative RuleStatutory InterpretationMedical Practice ActAnkle TreatmentDeclaratory JudgmentAppellate ReviewTexas LawMedical Licensing
References
55
Case No. 03-04-00148-CV
Regular Panel Decision
May 19, 2005

TXU Generation Company, L.P. TXU Portfolio Management Company, L.P. Oncor Electric Delivery Company Coalition of Wholesale Electric Market Participants Occidental Chemical Corporation And Occidental Permian, Ltd. v. Public Utility Commission of Texas

This case addresses a direct appeal challenging the Public Utility Commission's Wholesale Market Oversight (WMO) rule. Appellants, a group of electricity market participants including TXU and Occidental entities, argued that the WMO Rule exceeded the Commission's statutory authority, was unconstitutionally vague, constituted an unconstitutional taking, and violated the Administrative Procedure Act. The court affirmed the Commission's order, concluding that the Commission had the necessary statutory authority, the rule was consistent with the statute's objectives, and it complied with constitutional and procedural requirements. The ruling underscored the legislative intent to balance a competitive electricity market with consumer protection.

Electricity Market RegulationWholesale Market Oversight Rule (WMO Rule)Public Utility Commission of Texas (PUC)Statutory AuthorityUnconstitutional VaguenessUnconstitutional TakingAdministrative Procedure Act (APA) ComplianceMarket Power AbuseConsumer ProtectionAncillary Services
References
40
Case No. 04-15-00348-CR
Regular Panel Decision
Aug 26, 2015

in Re Sylvia Martinez

Sylvia Martinez, the relator, sought a writ of mandamus after the trial court denied her pre-trial petition for writ of habeas corpus, which claimed double jeopardy. The Fourth Court of Appeals reviewed whether the trial court had a ministerial duty to rule on the habeas application before proceeding to trial. The appellate court determined that where a habeas application is based on a double jeopardy claim, the applicant is entitled to a ruling before trial. Finding the trial court's refusal to rule or consider the merits an error, and given the imminent trial, the court conditionally granted the mandamus in part, directing the trial court to provide a ruling on Martinez's habeas application before trial.

Double JeopardyMandamusHabeas CorpusCriminal ProcedurePre-trial MotionsMinisterial DutyAppellate ReviewTexas LawState Jail FelonyProstitution
References
29
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