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

Case No. 22-0585
Regular Panel Decision
May 17, 2024

Texas Department of Transportation v. Mark Self and Birgit Self

The Texas Department of Transportation (TxDOT) was sued by Mark and Birgit Self for negligence and inverse condemnation after a subcontractor cut down trees on the Selfs' property outside the State's right-of-way easement. The Supreme Court of Texas reversed the court of appeals' judgment on both counts. The Court held that the Tort Claims Act does not waive immunity for the Selfs' negligence claim because the subcontractor's employees were not in TxDOT's paid service, nor did TxDOT employees directly operate the equipment. However, the Court found a viable cause of action for inverse condemnation, concluding that TxDOT intentionally directed the destruction of the trees for public use, even if it mistakenly believed it had the legal right to do so. The negligence claim was dismissed, and the inverse condemnation claim was remanded for further proceedings.

Sovereign ImmunityInverse CondemnationNegligence ClaimTort Claims ActGovernment LiabilityProperty DamageRight-of-Way EasementSubcontractor LiabilityTree RemovalEminent Domain
References
65
Case No. MISSING
Regular Panel Decision
Apr 26, 2016

The Matter of New York City Asbestos Litigation , Doris Kay Dummitt v. A.W. Chesterton , The Matter of Eighth Judicial District Asbestos Litigation , Joann H. Suttner v. A.W. Chesterton Company

This New York Court of Appeals opinion addresses the scope of a manufacturer's duty to warn regarding dangers arising from the use of its product in combination with a third-party product. The Court held that such a duty exists when the third-party product is necessary for the manufacturer's product to function as intended, whether due to design, mechanics, or economic necessity, and the danger is known and foreseeable. Applying this rule, the Court affirmed judgments against Crane Co. in two separate asbestos litigations, finding that Crane had a duty to warn users of its valves about asbestos exposure from third-party sealing components. The decision clarified the balance of risks and costs in products liability law.

Product LiabilityFailure to WarnAsbestos ExposureMesotheliomaManufacturer DutyCombined Product UseForeseeability of HarmEconomic NecessityComponent Parts DoctrineStrict Liability
References
91
Case No. MDL-1206
Regular Panel Decision
May 27, 1999

In re Lease Oil Antitrust Litigation

This order approves eight settlement agreements in the multidistrict litigation, In re Lease Oil Antitrust Litigation, MDL-1206. The litigation involves claims by royalty and working interest owners against major oil companies for systematically underpaying for crude oil by depressing 'posted prices' below market value. The class comprises millions of members across the US, asserting both state law 'Lease Claims' and federal 'Antitrust Claims' of price-fixing. The court addresses jurisdiction, class certification under Rule 23, the fairness and adequacy of the settlements, and issues related to notice, claim procedures, attorneys' fees, and incentive awards.

Antitrust LawClass Action SettlementOil and Gas RoyaltiesMultidistrict LitigationPrice Fixing ConspiracyFairness DoctrineRule 23 CertificationSupplemental JurisdictionDue Process RightsAttorney's Fees Award
References
71
Case No. 12-20-00082-CV
Regular Panel Decision
Jan 06, 2021

Sean Self v. West Cedar Creek Municipal Utility District

Sean Self appealed a take-nothing judgment granted to West Cedar Creek Municipal Utility District, dismissing Self’s suit for damages from sewage flooding his home. Self alleged negligent use of motor-driven equipment, premises defect, unconstitutional taking, non-negligent nuisance, and breach of contract. The appellate court affirmed the trial court's decision, finding that Self failed to establish a waiver of governmental immunity under the Texas Tort Claims Act for the motor-driven equipment claim, as the damages arose from a broken plastic coupler, not the motor-driven pump. The court also found no evidence to support the premises liability, takings, non-negligent nuisance, or breach of contract claims, thus the District retained immunity.

Governmental ImmunityTexas Tort Claims ActPlea to JurisdictionMotor-Driven EquipmentPremises DefectInverse CondemnationBreach of ContractNon-negligent NuisanceSewage FloodMunicipal Utility District
References
36
Case No. 2017 NY Slip Op 07909 [155 AD3d 1208]
Regular Panel Decision
Nov 09, 2017

NYAHSA Services, Inc., Self-Insurance Trust v. People Care Inc.

Plaintiff, a self-insured trust, commenced a collection action against defendant, a former member, for unpaid assessments related to workers' compensation claims. Defendant counterclaimed and filed a third-party action against Cool Insuring Agency, the trust's administrators, alleging mismanagement. During discovery, a dispute arose over a report commissioned by defendant's counsel from a consultant, which Cool and plaintiff sought to compel. Defendant asserted attorney-client privilege, attorney work product, and material prepared in anticipation of litigation. The Supreme Court partially granted the motions to compel, a decision largely affirmed by the Appellate Division, Third Department, with a modification regarding a specific email exchange found to be protected attorney work product.

Discovery DisputeAttorney-Client PrivilegeAttorney Work ProductMaterial Prepared for LitigationSelf-Insurance TrustWorkers' Compensation BenefitsBreach of ContractUnjust EnrichmentThird-Party ActionClaims Administration
References
20
Case No. 05-22-00898-CV
Regular Panel Decision
Dec 12, 2023

City of Euless, Self-Insured v. Marta Danylyk, Helmut Hofer, Sofija Hofer and the Texas Subsequent Injury Fund

This case involves a dispute over an informal marriage and the proper recipient of worker's compensation death benefits. David Hofer, a police officer for the City of Euless, was killed in the line of duty. The Texas Department of Insurance, Division of Workers’ Compensation (DWC) determined Marta Danylyk was Hofer's surviving spouse and entitled to death benefits. Appellant City of Euless, Hofer's self-insured employer, unsuccessfully challenged this determination in the district court. Euless appealed the trial court’s judgment, asserting legal and factual insufficiency of the evidence to support the jury’s finding of an informal marriage and challenging refused jury instructions. The Court of Appeals affirmed the trial court's judgment, concluding the evidence was sufficient to establish Danylyk and Hofer agreed to be married and represented themselves to others as married.

Informal MarriageCommon-law MarriageWorker's Compensation Death BenefitsSpousal EligibilitySufficiency of EvidenceAppellate ReviewTexas Family LawTexas Labor LawPolice Officer DeathSelf-Insured Employer
References
28
Case No. M2009-02442-COA-R3-CV
Regular Panel Decision
Oct 28, 2010

Estate of David Holt Ralston, by John A. Ralston, Personal Representative v. Fred R. Hobbs

The personal representative of David Holt Ralston's estate filed an action to rescind twelve deeds executed by Fred R. Hobbs, the decedent's attorney-in-fact, without the decedent's knowledge and for no consideration. The properties were conveyed to Hobbs, his mother, and his daughter. The personal representative alleged breach of fiduciary duty. The trial court rescinded the conveyances for properties still owned by Hobbs and awarded monetary damages for properties transferred to innocent third parties. On appeal, Hobbs challenged the personal representative's standing, statute of limitations, the finding of fiduciary duty breach, and damage calculation. The Court of Appeals affirmed the trial court's decision on all grounds, finding the personal representative had standing, the action was timely filed, and Hobbs breached his fiduciary duty by making unauthorized gifts not in line with the principal's gifting history.

Fiduciary DutyPower of AttorneyReal Property ConversionStatute of LimitationsDeed RescissionMonetary DamagesAppellate ReviewEstate LawUndue InfluenceAttorney-in-Fact Breach
References
32
Case No. 2021-03-0083
Regular Panel Decision
Dec 30, 2025

Shurina, George v. FedEx Ground

This interlocutory appeal addresses whether an estate, through its personal representative, can litigate a workers' compensation claim pro se in Tennessee. Mary Christina Shurina, representing the estate of Gregory Joseph Shurina, appealed a trial court's order mandating legal representation. The Appeals Board affirmed, citing statutory and regulatory requirements that artificial entities like estates must be represented by a licensed attorney. The Board emphasized that representing an estate in court constitutes the unauthorized practice of law for a non-attorney. The decision underscores the legal imperative for estates to engage counsel in workers' compensation proceedings.

Workers' CompensationPro SeEstate LawLegal RepresentationAppellate ProcedureStatutory InterpretationAdministrative LawUnauthorized Practice of LawTennessee LawDecedent's Estate
References
7
Case No. MISSING
Regular Panel Decision

Heggie v. Cumberland Electric Membership Corp.

Christopher A. Heggie, an employee, died during employment due to contact with CEMC's electrical wires. TCSA, the workers' compensation carrier for Montgomery County, paid death benefits to Heggie's representative. The representative then sued CEMC for negligence, and TCSA intervened to protect its subrogation interest. The representative settled with CEMC for $25,000, with the agreement explicitly preserving TCSA's rights against CEMC. However, the trial court granted TCSA's motion, ruling that TCSA had a subrogation lien on the settlement funds. The appellate court affirmed, holding that an employee cannot circumvent an employer's statutory subrogation lien by preserving the employer's rights against a third-party tortfeasor in a settlement agreement.

Workers' CompensationSubrogation LienSettlement AgreementThird-Party TortfeasorStatutory InterpretationEmployee RightsEmployer ReimbursementAppellate ReviewVoluntary Non-SuitDeath Benefit
References
8
Case No. 03-22-00241-CV
Regular Panel Decision
Oct 31, 2023

Texas Political Subdivisions Joint Self-Insurance Fund v. Texas Department of Insurance - Division of Workers' Compensation and Commissioner Cassie Brown in Her Official Capacity

The Texas Political Subdivisions Joint Self-Insurance Fund (TPS Fund) appealed the denial of its plea to the jurisdiction and summary-judgment motion by the 455th District Court of Travis County. The TPS Fund, a self-insured governmental entity, was assessed administrative penalties totaling $132,500 by the Texas Department of Insurance–Division of Workers’ Compensation for violations of the Texas Labor Code related to nonpayment or late payment of workers’ compensation benefits. The TPS Fund asserted governmental immunity from these penalties. The Court of Appeals reviewed the legislative history and prior common law, including Texas Workers’ Comp. Comm’n v. City of Eagle Pass, to determine if immunity was waived. It concluded that the 2019 amendment to Labor Code Section 504.053(e) merely codified existing law, which had already established a clear waiver of immunity for such regulatory actions against self-insured political subdivisions. Therefore, the appellate court affirmed the trial court’s order, holding that the TPS Fund’s governmental immunity is waived for the administrative penalties.

Workers' CompensationGovernmental ImmunityAdministrative PenaltiesTexas Labor CodeSelf-InsurancePolitical SubdivisionsStatutory InterpretationAppellate ReviewRegulatory AuthoritySovereign Immunity
References
13
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