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

Case No. 11-04-00191-CV
Regular Panel Decision
Dec 01, 2005

Fernando Morales v. Martin Resources, Inc., Martin Operating Partnership, L.P., and Select Professional Staffing

Fernando Morales, a temporary employee, sued Martin Resources, Inc., Martin Operating Partnership, L.P., and Select Professional Staffing for negligence after sustaining a hand injury at Martin Resources' Odessa facility. The trial court initially granted summary judgment to the defendants, citing the exclusive remedy provision of the Texas Workers' Compensation Act (TWCA). On appeal, the Eleventh Court of Appeals reviewed whether the defendants had sufficiently proven their workers' compensation insurance coverage, a necessary condition for the exclusive remedy provision to apply. The court found that neither Select Professional Staffing nor Martin Resources, Inc. provided adequate evidence of explicit workers' compensation coverage for themselves. Consequently, the appellate court reversed the trial court's summary judgment and remanded the case for further proceedings, emphasizing the burden of proof for establishing affirmative defenses like the exclusive remedy provision.

Workers' Compensation ActExclusive RemedySummary Judgment ReversalTemporary EmployeesStaff LeasingNegligence ClaimsAppellate Court DecisionInsurance Coverage DisputeEmployer LiabilityTexas Labor Law
References
8
Case No. MISSING
Regular Panel Decision

United States v. Boffardi

The defendant, Patsy Boffardi, was indicted for violating 18 U.S.C. § 2252(a)(2) by knowingly receiving child pornography, an offense that arose from Project Looking Glass, a postal inspection service operation. Boffardi was identified from a customer list, responded to undercover solicitations, and ordered child pornography, leading to a controlled delivery and the execution of a search warrant at his home. He subsequently moved to dismiss the indictment and suppress certain statements and seized evidence, primarily arguing selective prosecution based on the possession of other child pornography and an improperly obtained search warrant. The court, presided over by District Judge Goettel, denied all of Boffardi's motions. The judge found that the prosecution's criteria for selection were based on legitimate procedural considerations, not impermissible selective prosecution, and upheld the validity of the anticipatory search warrant.

Child PornographyEntrapmentSelective ProsecutionFirst AmendmentFourth AmendmentPrivacy RightsSearch WarrantControlled DeliverySting OperationPredisposition
References
15
Case No. MISSING
Regular Panel Decision

Select Insurance Co. v. Boucher

Select Insurance Co. appealed a jury verdict awarding Thomas Earl Boucher workmen's compensation for six and three-fourths years of total incapacity. The defendant contended that the plaintiff suffered only partial disability and requested related issues and instructions, which the trial court refused. The appellate court affirmed this refusal, noting that partial incapacity issues in this context were inferential rebuttal issues, and the requested definition was inadequate. Furthermore, the court found Dr. Belz's psychiatric testimony, based on both personal examination and hearsay, admissible as he was a treating physician. The appellate court concluded that the jury's finding of total incapacity was supported by sufficient evidence, particularly the medical testimony regarding the plaintiff's mental condition following his injury.

Workmen's Compensation AppealTotal IncapacityPartial Incapacity DefenseRule 277 T.R.C.P.Inferential Rebuttal IssuesExpert Witness TestimonyHearsay EvidencePsychiatric EvaluationMental DisabilityEarning Capacity Reduction
References
12
Case No. MISSING
Regular Panel Decision
Jun 20, 2018

Sentry Select Ins. Co. v. Ruiz

This case involves a declaratory judgment action filed by Sentry Select Insurance Company against Rudolph Automotive, LLC, Rudolph Chevrolet, LLC, Christian Ulises Ruiz, Marcelo Flores, and Lynn Crawford. Sentry sought declarations that it had no duty to defend or indemnify these defendants under an insurance policy for an underlying auto accident lawsuit. The underlying lawsuit stemmed from an incident where a Rudolph Mazda employee, Ruiz, hit a co-worker, Villegas, with his vehicle on the dealership premises after an informal social gathering where alcohol was consumed. The court analyzed the Host Liquor Liability coverage and the Employer's Liability exclusion within Sentry's policy. The court declared that Sentry has no duty to defend or indemnify Ruiz, Flores, and Crawford, but does have a duty to defend the Rudolph Entities. The question of Sentry's duty to indemnify the Rudolph Entities was deferred pending the resolution of the underlying lawsuit, and the current case was administratively closed.

Insurance Coverage DisputeDeclaratory JudgmentAuto AccidentEmployer LiabilityHost Liquor LiabilityInsurance Policy InterpretationDuty to DefendDuty to IndemnifyCommercial Garage LiabilityExcess Liability Coverage
References
33
Case No. No. 11-17-00047-CV
Regular Panel Decision
Jul 19, 2018

Julie T. Chau v. Select Medical Corporation D/B/A Regency Hospital of Odessa, LLP

Julie T. Chau sued her employer, Select Medical Corporation d/b/a Regency Hospital of Odessa, LLP, alleging discrimination based on race, national origin, and age, along with retaliation. The trial court granted summary judgment for Regency, determining Chau's petition was untimely filed under the statute of limitations. On appeal, Chau contested this ruling, asserting that her filing was timely under the mailbox rule of Rule 5 of the Texas Rules of Civil Procedure. The Eleventh Court of Appeals reviewed whether the mailbox rule applied to the Texas Labor Code's limitations period and whether Chau provided sufficient evidence for compliance. The appellate court held that the mailbox rule does apply and found that Chau's attorney's affidavit and attached documents raised a material question of fact regarding the timeliness of the filing. Consequently, the court reversed the trial court's summary judgment and remanded the case for further proceedings.

DiscriminationRetaliationSummary JudgmentStatute of LimitationsMailbox RuleTexas Rules of Civil Procedure Rule 5Texas Labor CodeTimeliness of FilingAppellate ReviewEctor County
References
32
Case No. 13-212
Regular Panel Decision
Sep 11, 2015

Select Building Systems, Inc. and Tri-Bar Ranch Company, Ltd. v. Robertson Electric, Inc.

This legal document collection details a contract dispute and subsequent litigation concerning the Los Cerritos Hangar project in Uvalde, Texas. The primary parties are Robertson Electric, Inc. (subcontractor/plaintiff) and Select Building Systems, Inc., Tri-Bar Ranch Company, Ltd., G & R Land Company, Inc., and Rodney R. Lewis (defendants). The dispute involves allegations of payment issues, significant project delays, and numerous construction deficiencies, particularly related to roofing, structural components, and electrical wiring. Extensive communications between the parties, including emails and daily/weekly project reports, document the escalating issues, subcontractor terminations, and efforts to assess and rectify defective work. The case also highlights the complexities of managing large-scale construction projects involving multiple contractors and suppliers, culminating in claims for unpaid work and costs for corrective actions.

Contract disputeconstructionpayment disputebreach of contractsubcontractorgeneral contractormechanic's lienconstruction defectschange ordersdelays
References
17
Case No. NO. 01-02-01272-CV
Regular Panel Decision
Dec 02, 2004

Deborah Wade, Individually and on Behalf of the Heirs at Law of Daisy Mae SImpson v. the Methodist Hospital and Select Speciality Hospital - Houston, Inc.

This case involves an appeal by Deborah Wade, individually and on behalf of Daisy Mae Simpson's heirs, challenging the dismissal of her medical malpractice lawsuit against The Methodist Hospital and Select Specialty Hospital–Houston, Inc. The trial court dismissed the suit due to Wade's failure to provide an expert report as mandated by the Texas Medical Liability and Insurance Improvement Act. Wade argued against the dismissal, claiming the report was unnecessary, the defendants waived their rights, and procedural errors occurred. The Court of Appeals, First District of Texas, affirmed the trial court's decision, finding no abuse of discretion in denying Wade's claims, her request for an extension, or her motion to reinstate. The court held that an expert report was required and that the defendants had not waived their right to dismissal.

Medical malpracticeExpert reportDismissalTexas Medical Liability and Insurance Improvement ActCommon law negligenceRes ipsa loquiturWaiverProcedural requisitesExtension of timeReinstatement
References
29
Case No. MISSING
Regular Panel Decision

Holmes v. Gaynor

Raymond Holmes, Jr., a former employee of the Village of Piermont, sued Defendants Thomas Gaynor, Dennis Hardy, and the Village, alleging violations of his Fourteenth Amendment rights under 42 U.S.C.A. § 1983. Holmes claimed selective prosecution regarding an illegal dumping scheme, termination without a pre-deprivation hearing, and defamation linked to his termination. The defendants moved for summary judgment on all claims. The Court found Holmes failed to present sufficient evidence for his selective prosecution and liberty interest claims, and that his termination, if it occurred, was pursuant to Civil Service Law Section 71, which does not require a pre-termination hearing. Therefore, the Defendants' motions for summary judgment were granted, and the case was dismissed.

Summary JudgmentCivil RightsEqual ProtectionDue ProcessSelective ProsecutionDefamationLiberty InterestIllegal DumpingWorkers' Compensation LeaveCivil Service Law Section 71
References
22
Case No. MISSING
Regular Panel Decision

Tasadfoy v. Ruggiero

Linda Tasadfoy, former Tax Assessor for the Town of Wappinger, was fired following a disciplinary hearing that found she illegally lowered a property assessment, back-dated a document, and deleted files from Town computers. Criminal charges related to these actions were eventually dropped, resulting in a harassment violation. Tasadfoy then sued the Town Council of Wappinger and Supervisor Joseph Ruggiero, alleging retaliation for exercising her First Amendment rights and selective prosecution in violation of her Fourteenth Amendment right to equal protection. The District Court granted the defendants' motion for summary judgment, concluding that Tasadfoy failed to demonstrate a causal connection for her retaliation claim or identify similarly situated individuals for her selective prosecution claim, leading to the dismissal of her case with prejudice.

First Amendment RetaliationEqual Protection ViolationSelective ProsecutionSummary Judgment GrantedPublic Employee TerminationTax Assessment FraudComputer MisconductOfficial MisconductCivil Service LawGovernment Liability
References
15
Case No. MISSING
Regular Panel Decision

United States v. DiStefano

Defendant Charles DiStefano, joined by co-defendant John Massaro, moved to dismiss the indictment, suppress SEC testimony, and sever his trial from co-defendants. DiStefano, charged with conspiracy and securities fraud, alleged selective prosecution, claiming he was unfairly targeted among hundreds of brokers. The court denied dismissal for selective prosecution due to insufficient evidence of discriminatory intent or disparate treatment. It also denied the motion to suppress DiStefano's SEC testimony, finding he was not in custody for Miranda purposes and his waiver of counsel was knowing and voluntary. The motion for severance was denied, as differing culpability levels are inherent in multi-defendant trials and a limiting instruction would suffice. The court granted DiStefano's Rule 404(b) motion in part, directing the government to disclose 'other crimes, wrongs, or acts' evidence ten working days before trial.

Selective ProsecutionSecurities FraudMail FraudWire FraudConspiracyMiranda WarningsCustodial InterrogationSeverance of TrialFederal Rule of Criminal Procedure 14Federal Rule of Evidence 404(b)
References
27
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