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

Case No. No. 05-20-00835-CV
Regular Panel Decision
Feb 18, 2022

G Force Framing LLC, Kerry Graves, Kerry Graves on Behalf of G Force Framing LLC, and Kerry Graves D/B/A G Force Framing v. MacSouth Forest Products, L.L.C. v. Stoneleigh Construction Company, LLC, SC Switchyard, LLC, XL Specially Insurance Company and Travelers Surely and Casually Company

G Force Framing LLC (G Force) and Kerry Graves appealed the trial court's final judgment from Dallas County, Texas, which had dismissed G Force's claims and discharged its mechanic's liens. The trial court ruled based on G Force's prior tax forfeiture and alleged lack of capacity to sue. The Court of Appeals reversed, holding that G Force was not a 'terminated entity' under the Texas Business Organizations Code because its tax forfeiture was eventually set aside, thus allowing it to pursue its claims. The appellate court also found the indemnity bonds filed by Stoneleigh Construction Company, LLC were insufficient to discharge the mechanic's liens. However, the court affirmed the dismissal of Graves's individual claims as they belonged solely to the corporation.

Tax ForfeitureCorporate ReinstatementCapacity to SueSummary JudgmentRule 91a Motion to DismissMechanic's LiensIndemnity BondsStatutory InterpretationTexas Business Organizations CodeTexas Tax Code
References
61
Case No. MISSING
Regular Panel Decision

Holick v. Cellular Sales of New York, LLC

Plaintiffs, a group of Sales Representatives, initiated an action against defendants Cellular Sales of Knoxville, Inc. and Cellular Sales of New York, L.L.C., alleging violations of the Fair Labor Standards Act (FLSA) and New York State Labor Law. They claimed misclassification as independent contractors, which led to a deprivation of guaranteed compensation, including minimum wage and overtime. Defendants responded with motions to dismiss for lack of subject matter jurisdiction and personal jurisdiction, and alternatively, to compel mediation/arbitration based on clauses in the sales agreements. The Court denied the motion to dismiss for lack of subject matter jurisdiction, affirming its power to adjudicate FLSA claims. However, it granted the defendants' motion to compel arbitration, determining that the mediation clauses were valid, unwaived, and that FLSA claims are arbitrable under federal law, leading to the dismissal of the complaint without prejudice. All other pending motions, including plaintiffs' request for conditional collective action certification, were subsequently denied as moot.

FLSALabor LawMisclassificationIndependent ContractorCollective ActionArbitrationMediationSubject Matter JurisdictionPersonal JurisdictionRule 12(b)(1)
References
28
Case No. 03-99-00265-CV
Regular Panel Decision
Apr 27, 2000

Ford Motor Company Freightliner Truck Corporation Sterling Truck Corporation Metro Ford Truck Sales, Inc. And Daniel H. Foley, Jr./Motor Vehicle Board of the Texas Department of Transportation v. Motor Vehicle Board, Texas Department of Transportation/Metro Ford Truck Sales, Inc. Daniel H. Foley, Jr. Freightliner Truck Corporation Sterling Truck Corporation And Ford Motor Company

This case involves an appeal from a district court judgment concerning an order from the Motor Vehicle Board of the Texas Department of Transportation. The dispute originated from Ford's proposed termination of Metro Ford Truck Sales, Inc.'s franchise due to alleged abuse of Ford's Competitive Price Assistance (CPA) program, where Metro misrepresented customer names to obtain higher discounts. The Board found good cause for termination but imposed a conditional termination remedy requiring the sale of Metro's dealership. The Court of Appeals affirmed the termination for good cause, the refusal to transfer the dealership to Eileen Beard, and the denial of Ford's requested chargeback expenses. However, it reversed and remanded the district court's affirmation of the Board's conditional termination remedy, finding it unlawful.

Franchise TerminationDealer FraudCPA Program AbuseStatutory InterpretationAdministrative LawMotor Vehicle BoardEquitable EstoppelGood Cause TerminationAppellate ReviewJudicial Discretion
References
33
Case No. 05-15-00837-CV
Regular Panel Decision
Jul 26, 2016

J&M Sales of Texas, LLC v. Anette H. Sams

Anette H. Sams sued J&M Sales of Texas, LLC for negligence after sustaining an injury from a falling shelf in a retail store. Sams secured a default judgment for $45,350.79 against J&M Sales. J&M Sales subsequently moved for a new trial, asserting that their failure to file an answer was not intentional or due to conscious indifference, that they possessed a meritorious defense based on Sams's potential contributory negligence, and that a new trial would not cause undue delay or injury to Sams. The trial court denied this motion. The Court of Appeals reversed the trial court's decision, concluding that J&M Sales had successfully met all three elements of the Craddock standard for granting a new trial, and remanded the case for further proceedings.

Negligence ClaimDefault JudgmentMotion for New TrialAbuse of DiscretionCraddock StandardMeritorious DefenseConscious IndifferenceContributory NegligenceAppellate ReviewTexas Civil Procedure
References
9
Case No. MISSING
Regular Panel Decision

MacHinery Sales Co. v. Diamondcut Forestry Products, LLC

Machinery Sales Co., Inc. filed an action for rescission of a contract to purchase a chip mill, alleging fraudulent misrepresentation by Diamondcut Forestry Products, LLC, Columbia Trading, Inc., and Champion International Corporation regarding the mill's value and included items. Following a bench trial, the court found no fraud and entered judgment for the defendants. Machinery Sales appealed, presenting issues concerning fraudulent inducement, agency imputation, entitlement to rescission, and damages. The appellate court affirmed the trial court's judgment, concluding that the evidence did not preponderate against the finding that defendants did not fraudulently induce the contract.

Rescission of ContractFraudulent MisrepresentationChip Mill SaleContract DisputeBench TrialAppellate ReviewAffirmed JudgmentTennessee LawReal Estate AppraisalAgency Law
References
10
Case No. MISSING
Regular Panel Decision
Aug 27, 2003

Davis Mountains Trans-Pecos Heritage Ass'n v. United States Air Force

Plaintiffs, including the Davis Mountains Trans-Pecos Heritage Association and individual landowners, challenged the United States Air Force's Realistic Bomber Training Initiative (RBTI) under the National Environmental Policy Act (NEPA) and the Noise Control Act (NCA). They alleged failures in adequately considering environmental impacts, evaluating alternatives, responding to public comments, and implementing mitigation measures. The Court denied Plaintiffs' motion for summary judgment and granted Defendants' cross-motion for summary judgment, concluding that the Air Force had taken a 'hard look' at environmental consequences, sufficiently addressed public concerns, and complied with NEPA's procedural requirements regarding alternatives, mitigation, and FAA involvement. The Court found the agency's decisions were not arbitrary, capricious, or an abuse of discretion.

Environmental LawNEPANoise Control ActSummary JudgmentAdministrative Procedure ActJudicial ReviewAir Force TrainingEnvironmental Impact StatementRecord of DecisionAirspace Management
References
73
Case No. 2015-06-0332
Regular Panel Decision
Dec 11, 2015

Jones, Cedric v. Crencor Leasing & Sales

The employee, Cedric Jones, sustained a left shoulder injury at work when a ladder fell. His employer, Crencor Leasing and Sales, provided medical benefits but contested temporary disability payments, asserting Jones was terminated for cause. Jones claimed his dismissal was a pretext for absences related to his injury and that suitable light-duty work was not provided. The trial court upheld the termination for cause but found the employer could not accommodate Jones's medical restrictions, leading to an award of temporary disability. On appeal, the Appeals Board affirmed the termination for cause finding, but reversed the determination that the employer could not provide accommodations, remanding the case for further proceedings.

Workers' CompensationTermination for CauseTemporary Disability BenefitsWork RestrictionsPretextAccommodationsShoulder InjuryMedical TreatmentEmployee MisconductTimecard Fraud
References
5
Case No. MISSING
Regular Panel Decision
Sep 11, 2009

George v. IBC Sales Corp.

The defendant IBC Sales Corporation appealed an order denying its cross-motion for summary judgment in a wrongful death action. The decedent, an employee of Interstate Brands Corporation (Brands), was killed at a bakery thrift store owned by IBC Sales, a subsidiary of Brands. The plaintiff, the decedent’s wife, filed a workers' compensation claim, which found a work-related death, and then sued IBC Sales. IBC Sales argued that workers’ compensation was the exclusive remedy, claiming it was an alter ego of Brands or the decedent's special employer. The Supreme Court denied IBC Sales’s cross-motion, finding questions of fact regarding the alter ego status and special employment relationship. The appellate court affirmed, agreeing that IBC Sales failed to establish its prima facie entitlement to judgment as a matter of law.

Wrongful DeathSummary JudgmentWorkers' Compensation LawAlter EgoSpecial EmployeeParent SubsidiaryCorporate VeilAppellate ReviewNew York StateNassau County
References
10
Case No. 2020 NY Slip Op 04235 [185 AD3d 515]
Regular Panel Decision
Jul 23, 2020

Matter of Northern Manhattan Is Not for Sale v. City of New York

This case concerns a challenge to the City of New York's rezoning plan for the Inwood neighborhood of Manhattan. Petitioners, including Northern Manhattan Is Not for Sale, sought to annul the City Council's resolutions, arguing that the environmental reviews under the State Environmental Quality Review Act (SEQRA) and City Environmental Quality Review (CEQR) were inadequate. The Supreme Court initially sided with the petitioners, granting their request to annul the rezoning plan. However, the Appellate Division, First Department, reversed this decision, finding that the City's environmental review process was lawful and that it took the requisite 'hard look' at potential environmental impacts. The Appellate Division concluded that the City's decision was not arbitrary, capricious, or unsupported by evidence, thereby denying the petition and dismissing the CPLR article 78 proceeding.

Environmental LawRezoningSEQRACEQRArticle 78 ProceedingAppellate ReviewLand UseUrban PlanningAffordable HousingInwood Neighborhood
References
16
Case No. 2025 NY Slip Op 03615
Regular Panel Decision
Jun 12, 2025

Breslin v. Access Auto Sales & Serv., LLC

Matthew M. Breslin, a cable technician, was injured after falling from an extension ladder while installing new cable service. He and his wife filed an action alleging violations of Labor Law §§ 240(1), 241(6), 200, and common-law negligence against Access Auto Sales, Spectrum, and National Grid entities. The Supreme Court denied all parties' motions for summary judgment, citing numerous questions of fact. On appeal, the Appellate Division modified the order, granting summary judgment to defendants for claims under Labor Law § 200 and common-law negligence, and dismissing Access Auto's cross-claims for indemnification/contribution, finding no evidence of their negligence or supervisory control. However, the denials of summary judgment for Labor Law §§ 240(1) and 241(6) claims were affirmed, as factual disputes remained regarding the adequacy of safety equipment and the proximate cause of the accident.

Labor Law Section 240(1)Labor Law Section 241(6)Labor Law Section 200Common-law negligenceSummary judgmentLadder accidentElevation-related hazardConstruction workProximate causeIndemnification
References
30
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