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Case Law Database

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

Case No. 02-20-00070-CV
Regular Panel Decision
Aug 26, 2021

John Nguyen and Jeslyn Tran v. Minh Nguyen and Nga Le

Appellants John Nguyen and Jeslyn Tran (Managers) appealed a summary judgment granted in favor of appellees Minh Nguyen and Nga Le (Co-owners). The dispute originated from alleged unpaid profit distributions from SJN Hollywood Nails & Spa LLC, a business jointly owned and managed by the parties. Managers claimed the dispute was resolved by a settlement agreement, but Co-owners argued the agreement's conditions for release were not met. The trial court's decision was largely based on deemed admissions due to Managers' repeated discovery misconduct, despite Managers' claims of non-receipt and illness. The Court of Appeals affirmed the trial court's judgment, finding no abuse of discretion in deeming the admissions given the Managers' pattern of discovery abuse and that the settlement's release provision was conditional and not fully satisfied. The court also upheld the award of attorney's fees.

Summary JudgmentDeemed AdmissionsDiscovery SanctionsContract DisputeBreach of Fiduciary DutySettlement AgreementAttorney's FeesCivil ProcedureAppellate ReviewBusiness Organizations Code
References
26
Case No. ADJ7284840
Regular
Jan 29, 2016

Sean Nguyen vs. Los Angeles Times, ESIS

The Workers' Compensation Appeals Board denied Sean Nguyen's Petition for Reconsideration. The Board adopted the Workers' Compensation Judge's report, which found that Nguyen sustained only a back laceration in a 1989 injury, with treatment not necessary after December 8, 1989. The judge found the applicant's subsequent claims of extensive injuries, including neck and back pain, were not supported by credible medical evidence from the time of the incident. The petition was also denied for failing to specify the statutory basis or detail the grounds for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ ReportLabor Code Section 5903Labor Code Section 5902Order Denying PetitionSEAN NGUYENLOS ANGELES TIMESESISADJ7284840
References
0
Case No. 01-12-01162-CV
Regular Panel Decision
Aug 21, 2014

Sheren Nguyen v. Lijun Zhang

Sheren Nguyen appealed a trial court's judgment awarding her $300 for past medical expenses in her negligence suit against Lijun Zhang. Nguyen argued the damages were factually insufficient and that the trial court improperly allowed violations of her motion in limine. The First District of Texas Court of Appeals affirmed the lower court's decision. The appellate court found Nguyen did not preserve error regarding the motion in limine and concluded that the jury's $300 award was factually sufficient, noting the jury could reasonably attribute some of Nguyen's claimed injuries to other factors, including a subsequent car accident.

NegligenceAutomobile CollisionDamagesMedical ExpensesFactual SufficiencyMotion in LimineAppellate ReviewCausationJury VerdictTrial Court Judgment
References
29
Case No. MISSING
Regular Panel Decision

Humana Health Plan, Inc. v. Nguyen

Humana Health Plan, Inc. initiated this action against Patrick Nguyen, David Abney, and Crady, Jewett & McCulley, LLP, under ERISA, seeking to enforce plan terms and obtain equitable relief. Abney and Crady were later dismissed, leaving Nguyen as the sole defendant. The central dispute revolved around Humana's claim for reimbursement of $274,607.84 in medical expenses paid by the Plan for Nguyen, following his receipt of a $255,000 third-party settlement from an automobile accident. The court granted Humana's motion for summary judgment, denying Nguyen's cross-motion, concluding that Humana functioned as a Plan fiduciary with standing and that the Plan's terms unambiguously established an equitable lien on the settlement funds in Humana's favor.

ERISASummary JudgmentFiduciary DutyReimbursementSubrogationEquitable LienPlan AdministratorPlan ManagerSettlement FundsAutomobile Accident
References
23
Case No. 09-13-00505-CV
Regular Panel Decision
Jul 31, 2015

Jefferson County, Texas v. Ha Penny Nguyen

This appellate case concerns an employment dispute between Jefferson County and its former employee, Ha Penny Nguyen. Nguyen sued the County under 42 U.S.C. § 1983, alleging adverse employment actions, retaliation for protected speech, and denial of due process rights during her employment as a clerk in Precinct 8 and Precinct 1. The jury found in Nguyen's favor, but the appellate court affirmed only the First Amendment retaliation claim related to her employment in Precinct 8, along with corresponding lost earnings and benefits. The court reversed claims related to Precinct 1 as time-barred and also reversed the award for mental anguish damages, remanding the case for recalculation of prejudgment interest.

Employment disputeRetaliationFirst AmendmentFree speechDue processPublic employeeConstructive dischargeStatute of limitationsMental anguish damagesAttorney's fees
References
125
Case No. 14-11-00910-CV
Regular Panel Decision
Oct 25, 2012

Caroline Le v. Tram T. Nguyen

Caroline Le appealed a final judgment in a will contest, where a jury found that the decedent, Alex Khoi Nguyen, lacked testamentary capacity when he signed a will on December 31, 2009. Le, Alex's fiancée, sought to probate this will, which was challenged by Alex's niece, Tram T. Nguyen. The trial court entered judgment consistent with the jury's finding, leading to Le's appeal. The appellate court reviewed the sufficiency of the evidence, considering conflicting testimonies regarding Alex's mental state, pain, sedation, and communication abilities during his final days, ultimately affirming the trial court's judgment.

Will ContestTestamentary CapacityProbate LawAppellate ReviewSufficiency of EvidenceWitness CredibilityTexas CourtsEstate DisputeAdvance DirectivesPain Management
References
26
Case No. 2023 NY Slip Op 02914 [217 AD3d 1024]
Regular Panel Decision
Jun 01, 2023

Matter of Nguyen v. CVS RX Servs., Inc.

Claimant Hung Nguyen alleged discrimination and retaliation by his employer, CVS RX Services, Inc., after taking paid family leave, citing reduced hours, decreased pay raises, and loss of benefits. A Workers' Compensation Law Judge found in Nguyen's favor, ordering reinstatement and back wages. The employer failed to timely appeal and its subsequent application to rehear or reopen the claim was denied by the Workers' Compensation Board, citing a lack of new material evidence and inadequate justification for repeated non-appearance at hearings. The Appellate Division, Third Department, affirmed the Board's decision, concluding that the Board did not abuse its discretion in denying the employer's request.

Workers' Compensation LawPaid Family LeaveDiscriminationRetaliationAppellate ReviewBoard's DiscretionRehearing ApplicationReopening ClaimDue ProcessNotice Requirements
References
5
Case No. 570244/13
Regular Panel Decision
Sep 14, 2016

People v. Sylvester (Sean)

This case involves consolidated criminal prosecutions where defendant Sean Sylvester appealed from two judgments of the Criminal Court of the City of New York, New York County, rendered March 6, 2013, convicting him of disorderly conduct and trespass. The Appellate Term, First Department, affirmed the judgments of conviction. The court found that the accusatory instruments were not jurisdictionally defective, sufficiently alleging that the defendant had no legitimate purpose in a store, refused to leave when asked by workers, and began fighting, thereby establishing reasonable cause for disorderly conduct and trespass. The public dimension of the disorderly conduct was inferable from the commercial establishment setting, and the "remains unlawfully" element of trespass was established by allegations that the defendant defied a lawful order to leave.

Criminal LawDisorderly ConductTrespassAppellate ReviewJurisdictional DefectAccusatory InstrumentSufficiency of EvidencePublic DisorderUnlawful EntryCriminal Procedure
References
7
Case No. MISSING
Regular Panel Decision

Nguyen v. Kim

Dee Ann and Minh Nguyen sued Dr. Poong Young Kim for medical malpractice and violations of the Texas Deceptive Trade Practices Act (DTPA) following dilation and curettage procedures performed on Mrs. Nguyen. The trial court dismissed their claims with prejudice due to the Nguyens' failure to timely file an expert medical report as required by the Texas Medical Liability Act. On appeal, the Nguyens challenged the dismissal of their DTPA claims, which the appellate court found were essentially negligence claims and thus barred by the Medical Liability Act. They also contested the procedural aspect of Dr. Kim's dismissal request, which the court deemed sufficient. Finally, the appellate court affirmed the trial court's denial of a grace period for filing the report, concluding that the Nguyens' non-compliance was a result of conscious indifference, not accident or mistake, leading to the affirmation of the entire judgment.

Medical MalpracticeTexas Medical Liability ActDTPAExpert ReportTimelinessDismissal with PrejudiceInformed ConsentNegligenceConscious IndifferenceAccident or Mistake
References
21
Case No. 03-01-00697-CV
Regular Panel Decision
Oct 24, 2002

Nathaniel Aniekwu v. Sean Daniels

This Texas Court of Appeals case involves an appeal by Nathaniel Aniekwu against Sean Daniels concerning a soured business relationship. The jury found that Aniekwu and Daniels had a partnership, and Aniekwu breached fiduciary duties, committed fraud, and conversion. Daniels elected to recover under fraud and conversion, leading to a judgment of $109,218.88 in compensatory damages and $50,000 in exemplary damages. Aniekwu appealed, challenging the sufficiency of evidence for fraud, exemplary damages, and conversion, and the exclusion of his testimony regarding financial records. The appellate court affirmed the trial court's judgment, finding sufficient evidence for fraud and damages and no abuse of discretion in excluding Aniekwu's evidence.

Partnership DisputeFraudConversionBreach of Fiduciary DutyBusiness RelationshipContract DisputeCompensatory DamagesExemplary DamagesSufficiency of EvidenceMotion for JNOV
References
16
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