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

Case No. 08-11-00092-CV
Regular Panel Decision
Jul 05, 2012

Business Staffing, Inc., Transglobal Indemnity Limited, Inc., Harry Sewill, Richard Gable Chapman, Bart Bogus, BSI Insurance Services, Inc., Transglobal Mortgage, Inc., and LHR Enterprises, Inc. v. Jackson Hot Oil Service D/B/A Jackson Brothers Hot Oil Service and Cody Jackson

This case involves an appeal from a final judgment against Business Staffing, Inc. (BSI) and related entities (Appellants) in favor of Jackson Hot Oil Service and individuals (Appellees). Appellees sued for breach of contract, DTPA violations, breach of good faith, negligence, and fraud, stemming from Appellants' alleged failure to provide workers' compensation insurance. The jury found Appellants engaged in unconscionable and deceptive acts and committed fraud, particularly against Cody Jackson, who suffered severe burns in an on-the-job accident. The appellate court affirmed most of the jury's findings, including those on statute of limitations, DTPA violations, and fraud, but reformed the judgment to adjust the calculation of damages under the DTPA and reflect a remittitur for Jackson Brothers.

Workers' Compensation FraudDeceptive Trade Practices ActInsurance MisrepresentationCivil ConspiracyBreach of ContractAppellate Court DecisionTexas Civil LawStatute of Limitations DefenseExemplary DamagesActual Damages
References
53
Case No. MISSING
Regular Panel Decision

Beneficial Personnel Services of Texas, Inc. v. Rey

Ramon Rey, an oil field worker, sued Beneficial Personnel Services of Texas, Inc. (BPS) and Business Staffing, Inc. (BSI) after suffering a back injury. Rey's original employer, White Well Service, transitioned its employees to BPS/BSI, an employee leasing company, with promises of equivalent workers' compensation benefits. However, after Rey's injury, BPS/BSI significantly underpaid his benefits, delayed necessary surgery, and used an unlicensed insurance carrier. The jury found BPS committed fraud and that BPS and BSI operated as a single business enterprise, awarding Rey actual and exemplary damages, along with damages for mental anguish and damage to credit reputation. The trial court affirmed the judgment against both defendants, and this opinion upholds that decision, finding sufficient evidence for fraud, exemplary damages, and mental anguish, and that single business enterprise theory is a valid means of imposing tort liability.

Fraudulent InducementWorkers' Compensation PolicySingle Business Enterprise TheoryEmployee Leasing CompanyExemplary Damages AwardMental Anguish RecoveryCredit Reputation InjuryBreach of Employment ContractCorporate Veil PiercingUnlicensed Insurance Carrier
References
43
Case No. 01-14-00687-CV
Regular Panel Decision
Mar 13, 2015

the Better Business Bureau of Metropolitan Houston, Inc., the Better Business Bureau of Metropolitan Houston Education Foundation, Dan Parsons, Chris Church, Church Enterprises, Inc., Gary Milleson, Ronald N. McMillan, D' Artagnan Bebel, Mark Goldie, Cha v. John Moore Services, Inc. and John Moore Renovation, LLC

This document contains two responses from John Moore Services, Inc. and John Moore Renovation, LLC. The primary document, filed March 13, 2015, is a response to the Appellants' (Better Business Bureau et al.) objections to consolidation of related cases for submission. John Moore Services, Inc. and John Moore Renovation, LLC (Appellees) advocate for consolidation, asserting it would serve justice and efficiency by resolving all issues in a single judgment and prevent further confusion arising from separate appeals. The embedded document, filed June 12, 2014, is a response and objection to the Better Business Bureau's motion for attorneys' fees, court costs, expenses, and sanctions. John Moore argues that the requested fees are not reasonable or necessary, that the issue of reasonableness requires a jury trial, and that the supporting evidence (Elkin Affidavit and invoices) is legally insufficient and conclusory. Furthermore, John Moore contends that awarding fees at this stage would be neither just nor equitable, given the ongoing viable claims, and requests the court to deny the motion for fees, sustain their objections, grant their motion to consolidate, and compel discovery responses.

LitigationAttorney FeesCase ConsolidationAnti-SLAPP StatuteTexas Civil ProcedureAppellate PracticeJury TrialEvidence ObjectionsDiscovery DisputesLegal Fees Reasonableness
References
27
Case No. MISSING
Regular Panel Decision
May 23, 2012

Business Staffing, Inc. v. Jackson Hot Oil Service

The Appellants, including Business Staffing, Inc. (BSI) and its related entities, appealed a judgment favoring Appellees, including Jackson Hot Oil Service and Cody Jackson. The case stemmed from Appellants' alleged misrepresentation of providing workers' compensation insurance, which resulted in Cody Jackson incurring over $1 million in medical expenses after a severe on-the-job injury. The jury found Appellants liable for unconscionable and deceptive acts, as well as fraud. The appellate court affirmed the trial court's judgment, but reformed it in part to reflect recovery and additional damages based on DTPA violations, ensuring proper election of remedies.

Deceptive Trade Practices ActFraudBreach of ContractWorkers' Compensation InsuranceInsurance MisrepresentationEmployer LiabilityCivil ConspiracyExemplary DamagesActual DamagesMedical Expenses
References
54
Case No. MISSING
Regular Panel Decision
May 08, 2007

Canal Carting, Inc. v. City of New York Business Integrity Commission

Petitioners Canal Carting, Inc. and Canal Sanitation, Inc., long-standing private sanitation businesses, challenged the Business Integrity Commission's (BIC) denial of their license renewals. The BIC cited Canal's knowing failure to provide required documentation, inability to demonstrate eligibility, and two violations for illegal dumping and operating an illegal transfer station. Canal argued the findings were arbitrary, capricious, and unprecedented, insisting their financial issues were unrelated to organized crime, which Local Law 42 (governing BIC) aimed to combat. The court found no due process violation regarding a formal hearing but concluded that the BIC's denial, effectively closing Canal's 50-year business for what amounted to poor business management, was arbitrary, unduly harsh, and shocking to one's sense of fairness. Consequently, the court granted the petition, annulled the BIC's denial, and remanded the case for reconsideration.

License RenewalAdministrative LawArticle 78 ProceedingBusiness Integrity CommissionTrade Waste IndustryDue ProcessArbitrary and CapriciousJudicial ReviewLocal Law 42Financial Responsibility
References
6
Case No. 03-05-00176-CV
Regular Panel Decision
Nov 07, 2007

LHR Enterprises, Inc. Task Services, Inc. Business Staffing, Inc. Harry Sewill Rick Chapman And Transglobal Mortgage, Inc. v. Mike Geeslin, in His Official Capacity as Commissioner of Insurance for the State of Texas Texas Department of Insurance And State Office of Administrative Hearings for the State of Texas

The appellants challenged the Commissioner of Insurance's authority to refer them to the State Office of Administrative Hearings (SOAH) for alleged unauthorized insurance practices, seeking a declaratory judgment. The district court granted a plea to the jurisdiction, which led to this appeal. While the appeal was pending, the Commissioner issued a final order absolving the appellants of wrongdoing. The Texas Court of Appeals subsequently dismissed the appeal for lack of subject-matter jurisdiction, deeming the controversy moot and affirming the prohibition against advisory opinions.

JurisdictionDeclaratory Judgment ActSovereign ImmunityMootness DoctrineAdministrative HearingsInsurance RegulationTexas Civil PracticeAppellate ProcedureJusticiable ControversyRipeness
References
18
Case No. 03-18-00445-CV
Regular Panel Decision
Nov 16, 2018

Texas Association of Business National Federation of Independent Business, American Staffing Association LeadingEdge Personnel, Ltd. Staff Force, Inc. HT Staffing Ltd. D/B/A the HT Group The Burnett Companies Consolidated, Inc., D/B/A Burnett Specialists Society for Human Resource Management Texas State Council of the Society for Human Resource Management Austin Human Resource Management Association Strickland School, LLC And the State of Texas v. City of Austin, Texas, and Spencer Cronk, City Manager of the City of Austin

This case is an interlocutory appeal challenging the City of Austin’s paid-sick-leave ordinance. The Texas Association of Business and other private parties, along with the State of Texas as intervenor, sued the City of Austin, asserting the ordinance is unconstitutional and preempted by the Texas Minimum Wage Act. The district court denied both the application for a temporary injunction and the City’s jurisdictional challenges. The appellate court reversed, holding that the district court had jurisdiction over the claims and that the City’s paid-sick-leave ordinance violates the Texas Constitution because it is preempted by the Texas Minimum Wage Act. The case was remanded for the issuance of the requested temporary injunction and further proceedings consistent with the opinion.

Texas lawAustin ordinancepaid sick leavepreemptionTexas Minimum Wage Actconstitutional lawinterlocutory appealgovernmental immunityripenessstanding
References
46
Case No. MISSING
Regular Panel Decision
Jul 03, 2007

Clover Staffing, LLC v. Johnson Controls World Services, Inc.

Clover Staffing, LLC (Clover) sued Johnson Controls World Services, Inc. (JCI) for breach of a Subcontract Services Agreement. Clover alleged that JCI failed to pay for "Business Services" and "Procurement Services" as defined in their agreement. JCI moved for summary judgment, arguing Clover was not entitled to the claimed damages based on contract provisions and a previous annuity payment. The court granted JCI's motion in part, specifically denying damages for Business Services beyond the 2000 Operating Budget and limiting third-party procurement service damages to cost-savings, not gross margins. The court denied JCI's motion regarding some "additional Business Services" and third-party account claims, finding disputed facts. The court also granted summary judgment to JCI on claims related to the breach of Recital H and the failure to develop a marketing plan, citing Clover's inability to quantify damages.

breach of contractsummary judgmentbusiness servicesprocurement servicesdamagesthird-party accountsmutual concurrencecondition precedentgood faithTexas law
References
26
Case No. MISSING
Regular Panel Decision

Wilson v. International Business MacHines, Inc.

Plaintiff Caroline Wilson sued defendants International Business Machines (IBM) and Frank Urban, alleging gender and/or pregnancy discrimination under Title VII of the Civil Rights Act of 1964 and N.Y. Executive Law § 296. Wilson's employment was terminated in 2002 during a reduction in force, shortly after returning from maternity leave. She argued she was unfairly laid off in favor of a male colleague. The defendants moved for summary judgment, asserting a legitimate, non-discriminatory business reason related to retaining the other employee's customer relationships and ongoing deals. The court found that while Wilson established a prima facie case, she failed to demonstrate that the defendants' reasons were a pretext for discrimination, or to present sufficient other evidence of unlawful discrimination. Consequently, the court granted the defendants' motions for summary judgment, dismissing the complaint.

DiscriminationGender DiscriminationPregnancy DiscriminationTitle VIIHuman Rights LawSummary JudgmentLayoffReduction in ForcePretextPrima Facie Case
References
12
Case No. 2022 NY Slip Op 02849 [204 AD3d 1348]
Regular Panel Decision
Apr 28, 2022

Matter of Cruz (Strikeforce Staffing LLC--Commissioner of Labor)

The case concerns an appeal from a decision by the Unemployment Insurance Appeal Board, which found Strikeforce Staffing LLC liable for unemployment insurance contributions, classifying Nelson Ruiz Cruz and other workers as employees. Strikeforce, a staffing agency, connected Cruz with a bakery client, who managed his employment and daily tasks. Strikeforce's involvement largely consisted of initial screening and payroll processing based on client approvals. The Appellate Division, Third Department, reversed the Board's determination. The court ruled that there was not substantial evidence to support an employer-employee relationship, as Strikeforce did not exercise sufficient control over the means or results of the workers' services. The decision was remitted back to the Unemployment Insurance Appeal Board for further proceedings.

Unemployment InsuranceEmployer-Employee RelationshipStaffing AgencyIndependent ContractorControl TestSubstantial EvidenceUnemployment Insurance Appeal BoardAppellate DivisionWorkers' ClassificationRemuneration Liability
References
9
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