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

Case No. 2013-74668
Regular Panel Decision
Feb 20, 2015

in Re Solid Software Solutions, Inc., D/B/A Edible Software

Andrea Farmer, an employee of Solid Software Solutions, Inc. d/b/a Edible Software, filed a lawsuit against her employer and Henri Morris (President and CEO) alleging sexual assault and invasion of privacy. Ms. Farmer claims Morris drugged her during business trips, rendering her unconscious, and then sexually assaulted her and took nude photographs without her consent. The defendants filed a Motion to Dismiss or for Summary Judgment, arguing that the claims are time-barred under a two-year limitations period and are preempted by the Texas Commission on Human Rights Act (TCHRA), which addresses workplace discrimination. Ms. Farmer argues that her claims are not workplace discrimination but intentional sexual assaults, governed by a five-year statute of limitations for sexual abuse or, alternatively, that the limitations period was tolled due to fraudulent concealment. She also asserts that the TCHRA is inapplicable and that, if Texas law is not applied, the laws of the states where the attacks occurred support her claims for assault/battery.

Sexual AssaultInvasion of PrivacyStatute of LimitationsFraudulent ConcealmentTexas Civil Practice and Remedies CodeTexas Labor CodeWorkplace DiscriminationEmployee LitigationTort LawSexual Abuse
References
234
Case No. 2007 NY Slip Op 31662(U)
Regular Panel Decision
Jul 26, 2007

J Squared Software, LLC v. Bernette Knitware Corp.

The Supreme Court of New York County issued a judgment on July 26, 2007, affirming a prior order from June 18, 2007. This order had denied the plaintiff's motion for partial summary judgment on liability, granted the defendants' cross-motion for summary judgment dismissing the complaint in an action for conversion of a software program, and vacated a preliminary injunction. The appellate court unanimously affirmed this decision, holding that the plaintiff lacked a cause of action for conversion as the program was obtained under a valid contract and its return was never demanded. Consequently, the preliminary injunction was properly vacated upon the dismissal of the complaint.

conversionsoftware programsummary judgmentpreliminary injunctioncontract lawlicenseecause of actionappellate reviewjudgment affirmedcomplaint dismissal
References
2
Case No. 2018 NY Slip Op 00367 [157 AD3d 1143]
Regular Panel Decision
Jan 18, 2018

Matter of Wallen v. Software Communication Sys. Inc.

Claimant, Noel O. Wallen, a software engineer and sole shareholder of SCS Inc., suffered a stroke on March 8, 2012, while attending a meeting related to a discrimination complaint. Initially, his workers' compensation claim was established by a WCLJ. However, new evidence revealed the meeting was for a discrimination complaint he filed against a former employer (Teknavo Group Inc.), not related to his employment with SCS. The Workers' Compensation Board subsequently rescinded the initial WCLJ decision and, after further hearings, disallowed the claim, finding the injury did not arise out of and in the course of his employment with SCS. The Appellate Division, Third Department, affirmed the Board's decision, concluding that substantial evidence supported the finding that Wallen's stroke was a result of a personal quest against a former employer, not connected to his work for SCS.

Workers' Compensation BenefitsStroke InjuryCourse of EmploymentArising Out of EmploymentDiscrimination ComplaintPersonal QuestCausationSubstantial EvidenceWorkers' Compensation BoardAppellate Division
References
6
Case No. 01-15-01006-CV
Regular Panel Decision
Dec 11, 2015

Professional Advantage Software Solutions, Inc. v. West Gulf Maritime Asociation Inc.

West Gulf Maritime Association (appellee) filed a response opposing Professional Advantage Software Solutions, Inc.'s (appellant) Emergency Motion for Temporary Relief. The appellant sought to halt an upcoming trial to appeal the denial of its motion to compel arbitration. The appellee contends that the appellant waived its right to arbitrate through extensive participation in the litigation process over three years, including numerous motions, discovery, and mediation. The appellee claims significant prejudice due to the appellant's delay and alleged manipulation of arbitral rights. Therefore, West Gulf Maritime Association requests the court to deny the appellant's motion for temporary relief and allow the case to proceed to trial.

Arbitration WaiverEmergency MotionTemporary ReliefSoftware DisputeMaritime IndustryContract LawSummary Judgment MotionEconomic Loss RuleDTPA ExemptionBreach of Warranty
References
62
Case No. MISSING
Regular Panel Decision
Feb 27, 2006

Recursion Software, Inc. v. Interactive Intelligence, Inc.

Recursion Software, Inc. sued Interactive Intelligence, Inc. for copyright violations, breach of contract, unjust enrichment, and quantum meruit, alleging improper use of its Voyager software. Interactive counterclaimed, asserting fraudulent inducement and breach of implied warranties. The court dismissed Recursion's quasi-contractual claims due to copyright preemption. It also dismissed Interactive's counterclaims for fraudulent inducement and breach of implied warranties, finding them insufficiently supported or disclaimed. However, significant factual disputes regarding licensing terms and knowledge of infringement prevented full summary judgment for either party on the core contract and copyright claims.

Software LicensingCopyright InfringementBreach of ContractSummary JudgmentCopyright PreemptionQuasi-Contract ClaimsUnjust EnrichmentQuantum MeruitImplied WarrantiesFraudulent Inducement
References
95
Case No. No. 09 Civ. 10155
Regular Panel Decision

Software Freedom Conservancy, Inc. v. Westinghouse Digital Electronics, LLC

Plaintiffs, Software Freedom Conservancy, Inc. and Erik Andersen, initiated a copyright infringement action in 2009 against several electronics distributors, including Westinghouse Digital Electronics, LLC (WDE), for their use of the BusyBox software. In 2010, the court issued a default judgment and a permanent injunction against WDE. The current motion by plaintiffs seeks to hold Westinghouse Digital LLC (WD), a non-party, in contempt of this earlier injunction. The court determined that WD is a successor in interest to WDE under Federal Rule of Civil Procedure 65(d) due to substantial continuity of identity, and is therefore bound by the injunction. WD's defenses, including a prior FCC order and fair use, were rejected by the court. Consequently, the court granted the plaintiffs' motion to hold WD in contempt, deferring the decision on specific damages and attorneys' fees pending further submissions from the parties.

Copyright InfringementContempt of CourtInjunctionSuccessor LiabilityRule 65(d)Fair Use DoctrineBusyBox SoftwareOpen SourceDefault JudgmentFCC Order
References
26
Case No. 03-99-00766-CV
Regular Panel Decision
Sep 14, 2000

Henry Schein, Inc. Easy Dental Systems, Inc. And Dentisoft, Inc. v. Shelly E. Stromboe, D.D.S. Alan B. Helig, D.D.S. Bart Presti, D.D.S. Kelly Presti And Jeanne N. Taylor, D.D.S. on Behalf of Themselves and All Others Similarly Situated

This is an interlocutory appeal from a trial court order certifying a class action against Henry Schein, Inc., Easy Dental Systems, Inc., and Dentisoft, Inc. The appellees, a group of dentists, allege defects in dental office management software, misrepresentations about technical support, and unsolicited software billing. The appellants contended that the trial court abused its discretion in certifying the class due to failures to satisfy prerequisites under Rule 42 of the Texas Rules of Civil Procedure. The appellate court affirmed the trial court's order, finding that common issues predominated over individual issues, and the class representatives met typicality and adequacy requirements, and Texas law was properly applied.

Class ActionInterlocutory AppealSoftware DefectsBreach of ContractBreach of WarrantyFraudulent MisrepresentationDeceptive Trade Practices ActPromissory EstoppelClass CertificationPredominance of Common Issues
References
33
Case No. MISSING
Regular Panel Decision

Microsoft Corp. v. Manning

This case is an appeal of a trial court's order granting class certification in a suit against Microsoft Corporation. The appellees, Mark Manning, Steve Collins, and Dana Schnitzer, sued Microsoft alleging breach of express and implied warranty, unjust enrichment, and violations of consumer protection acts related to the faulty DoubleSpace disk compression feature in MS-DOS 6.0 software. They sought damages for the $9.95 upgrade cost to MS-DOS 6.2, which corrected the defect, rather than consequential damages for data loss. Microsoft appealed the class certification, citing issues such as an unrecognized liability theory, improper claim splitting, lack of commonality and typicality, inadequate class representation, and improper reliance on expert testimony. The appellate court affirmed the class certification order, concluding that the purchase of a defective product, even without manifest data loss, constitutes sufficient injury, and that the class action met all the requirements under Texas Rule of Civil Procedure 42.

Class ActionSoftware Product LiabilityBreach of WarrantyUnjust EnrichmentConsumer ProtectionMS-DOS 6.0DoubleSpaceMicrosoft CorporationClass Certification AppealTexas Law
References
48
Case No. MISSING
Regular Panel Decision

Specific Software Solutions, LLC v. Institute of Workcomp Advisors, LLC

Specific Software Solutions, a Tennessee LLC, filed a declaratory judgment action against the Institute of WorkComp Advisors, a North Carolina LLC, seeking a declaration of non-infringement of copyrights. This suit was initiated after the Institute sent a cease-and-desist letter alleging copyright infringement, despite its copyright applications not yet being registered with the U.S. Copyright Office. The Institute moved to dismiss, arguing the court lacked subject matter jurisdiction because federal law requires copyright registration as a prerequisite for filing an infringement suit. The court, adopting the "registration" approach, determined that merely filing an application is insufficient for registration; the Copyright Office must first review and decide on the copyrightability of the material. Consequently, finding that the Institute's copyrights were not yet registered, the court granted the motion to dismiss the case without prejudice due to a lack of subject matter jurisdiction.

Copyright LawSubject Matter JurisdictionMotion to DismissDeclaratory JudgmentCopyright RegistrationSixth CircuitIntellectual PropertyFederal CourtsStatutory InterpretationPleading
References
21
Case No. 15-25-00020-CV
Regular Panel Decision
Jun 06, 2025

Storable, Inc.; RedNova Labs, Inc. (d/B/A storEDGE); Sitelink Software, LLC; Easy Storage Solutions, LLC; Bader Co.; And Property First Group, LP v. Safelease Insurance Services, LLC

This is an interlocutory appeal concerning a temporary injunction and a denial of remand by the Business Court. Plaintiff SafeLease Insurance Services, LLC, sued Defendants for alleged violations of the Texas Antitrust Act and tortious interference, seeking injunctive relief. The Business Court granted SafeLease's temporary injunction application and denied Defendants' motion to remand. The Appellee's brief argues for affirming these Business Court decisions, asserting SafeLease's right to remove the action and its entitlement to injunctive relief due to probable success on tortious interference claims and risk of irreparable harm to its business, reputation, and customer relationships. The brief refutes Defendants' arguments regarding justification, unclean hands, and the nature of the injunction.

Interlocutory AppealTemporary InjunctionBusiness Court JurisdictionTortious Interference with ContractTexas Antitrust ActMarket DominanceSoftware Access DisputeCommercial ExploitationCustomer RelationshipsReputational Harm
References
69
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