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

Case No. MISSING
Regular Panel Decision

Erie County Water Authority v. Kramer

The Erie County Water Authority initiated an Article 78 proceeding to prevent the New York State Labor Relations Board from asserting jurisdiction over an unfair labor practice complaint. The Authority, a state agency, argued its exemption from the New York State Labor Relations Act, despite a provision in the Public Authorities Law stating it is an 'employer.' The court reviewed relevant labor and civil service laws, as well as prior case law concerning state agencies and collective bargaining. Ultimately, the court determined that the Authority, as an agency of the state, falls under the exemptions of Labor Law Section 715, thus not subject to the collective bargaining requirements of Article 20 of the Labor Law. Therefore, the application to enjoin the Board's actions was granted due to lack of jurisdiction.

Article 78Civil Practice ActPublic Authorities LawLabor LawState AgencyUnfair Labor PracticeCollective BargainingJurisdiction DisputeErie County Water AuthorityNew York State Labor Relations Board
References
4
Case No. 03-01-00340-CV
Regular Panel Decision
Aug 09, 2001

Rick Perry, in His Official Capacity as Governor of the State of Texas Henry Cuellar, in His Official Capacity as Secretary of State of the State of Texas v. Alicia Del Rio, Phyllis Dunham and Jeremy Wright

This case is an interlocutory appeal from the denial of a plea to the jurisdiction by the District Court of Travis County. Appellants, including the Governor, Lieutenant Governor, and Secretary of State of Texas, argued that they were not 'governmental units' for the purpose of interlocutory appeal and that the appellees' redistricting claims were not ripe. The Third District Court of Appeals at Austin affirmed the district court's order, holding that state officials acting in their official capacities are indeed 'governmental units' under the Civil Practice & Remedies Code. The court also found that the consolidated redistricting lawsuit was ripe for judicial consideration, particularly after the state legislature adjourned without enacting a new congressional redistricting plan. Lastly, the court clarified that a prior federal court's retained jurisdiction over 1990 census-based redistricting did not preclude state court jurisdiction over challenges based on the 2000 census.

Interlocutory AppealPlea to the JurisdictionGovernmental UnitRipeness DoctrineOfficial CapacityRedistrictingCongressional DistrictsJurisdictionTexas ConstitutionCivil Practice & Remedies Code
References
27
Case No. 3-93-124-CV
Regular Panel Decision
Dec 07, 1994

Reuters America, Inc. v. John Sharp, Comptroller of Public Accounts of the State of Texas, Martha Whitehead, Treasurer of the State of Texas, and Dan Morales, Attorney General of the State of Texas

Reuters America, Inc. challenged the constitutionality of a Texas state tax scheme that taxed information services but exempted newspapers. Reuters argued this violated the free speech and equal protection clauses of the federal and state constitutions. The Comptroller had audited Reuters and assessed additional taxes based on its classification as an information service. The district court granted summary judgment in favor of the State. The Court of Appeals upheld the constitutionality of the tax, concluding that it did not infringe upon First Amendment rights as it was not content-based, did not target a small group of speakers, and was a generally applicable sales tax. The court also found that the tax scheme was rationally related to legitimate state interests, such as promoting literacy and administrative economy, and therefore did not violate equal protection.

Constitutional LawTaxationFirst AmendmentEqual ProtectionInformation Services TaxNewspaper ExemptionTexas Court of AppealsFreedom of PressState Tax SchemeJudicial Review
References
34
Case No. MISSING
Regular Panel Decision

United States v. State of New York

The United States sued the State of New York and several state entities, including SBOE, SUNY, and CUNY, alleging violations of the National Voter Registration Act of 1993 (NVRA). The core issue was whether state-funded Disabled Student Services (DSS) offices at public colleges and universities, including SUNY and CUNY campuses and community colleges, must be designated as mandatory voter registration agencies (VRAs) under 42 U.S.C. § 1973gg-5(a)(2)(B). The State defendants argued these offices were not 'primarily engaged' in serving persons with disabilities, and that the NVRA did not apply to them. The Court rejected the defendants' arguments regarding subject matter jurisdiction and the interpretation of the NVRA, citing legislative intent and prior circuit court decisions. The Court concluded that DSS offices at all SUNY and CUNY campuses and their respective community colleges are indeed state-funded programs primarily engaged in providing services to persons with disabilities, and therefore must be designated as mandatory VRAs. The plaintiff's motion for summary judgment was granted.

National Voter Registration Act (NVRA)Voter Registration Agencies (VRAs)Disabled Student Services (DSS)State-funded programsPublic universitiesCommunity collegesFederalismSummary judgmentDeclaratory reliefInjunctive relief
References
24
Case No. 11-20-00206-CV
Regular Panel Decision
Sep 09, 2021

the Ector County Alliance of Businesses v. Greg Abbott, in His Official Capacity as Governor of the State of Texas John W. Hellerstedt, in His Official Capacity as the Commissioner of Public Health of the State of Texas and/or as Commissioner of the Texas Department of State Health Services And the State of Texas.

The Ector County Alliance of Businesses challenged Texas Governor Greg Abbott and Public Health Commissioner John Hellerstedt regarding executive orders and declarations imposing COVID-19 restrictions, specifically on bars. The Alliance, comprising Ector County bar operators, argued that sections of the Texas Disaster Act were unconstitutional and that the officials acted ultra vires. The trial court initially granted pleas to the jurisdiction. On appeal, the Eleventh Court of Appeals, finding several issues moot due to intervening events like superseded orders and legislative amendments, dismissed all claims against the Commissioner and the Alliance's second through fifth causes of action against the Governor and the State for lack of jurisdiction. The court affirmed the trial court's dismissal of the Alliance's first cause of action against the Governor and the State, concluding the Alliance lacked standing for prospective relief.

COVID-19Texas Disaster ActPublic Health DisasterExecutive OrdersConstitutional ChallengeSeparation of PowersMootnessStandingSovereign ImmunityInjunctive Relief
References
38
Case No. E2014-01768-COA-R3-CV
Regular Panel Decision
Aug 20, 2015

Yvonne Waters v. Donald Waters

This case involves the appeal of a divorce action between Yvonne Waters and Donald Waters after a 27-year marriage. The trial court divided the marital estate, awarding the wife approximately 68% due to her greater financial contribution and frugality, and also awarded her attorney's fees and costs. The husband appealed the property division and the attorney's fees award. The Court of Appeals of Tennessee at Knoxville affirmed the trial court's equitable distribution of marital property but reversed the award of attorney's fees, modifying the total award to cover only discretionary costs, and denied the wife's request for attorney's fees on appeal. The case was remanded for collection of assessed costs.

DivorceMarital PropertyEquitable DistributionAttorney's FeesAlimony in SolidoAppellate ReviewAbuse of DiscretionFinancial ContributionEarning CapacitySeparate Property
References
17
Case No. 02-10-00241-CV
Regular Panel Decision
Mar 31, 2011

$8780.00 in United States Currency v. State

Anthony Jerome Snell appealed a default judgment that forfeited $8,780 to the State of Texas, after police found the money and 271 pounds of marijuana in his truck. Snell, who was arrested and later incarcerated, failed to file an answer to the State's forfeiture notice, leading to the default judgment. He argued his failure was due to accident or mistake, exacerbated by misleading advice from jail personnel and lack of legal understanding, rather than conscious indifference. The appellate court applied the Craddock test, found Snell's actions, though negligent, did not demonstrate conscious indifference, and noted the State failed to prove injury or undue delay. Consequently, the court reversed the default judgment and remanded the case for further proceedings.

Default JudgmentCivil ForfeitureMotion to Set AsideCraddock TestConscious IndifferenceMeritorious DefenseNew TrialAbuse of DiscretionAppellate ReviewTexas Law
References
31
Case No. 217 S.W.3d 466
Regular Panel Decision
Mar 09, 2007

City of Galveston v. State

The State of Texas sued the City of Galveston for damages to a state highway caused by a ruptured city water line. The City asserted governmental immunity, which the trial court granted. The court of appeals reversed, holding that cities have no immunity from suit by the State. The Supreme Court of Texas reversed the court of appeals' judgment and rendered judgment dismissing the State's claim. The Court held that the Legislature has not authorized the State to sue its cities for money damages, and the judiciary should not fill that gap, emphasizing that governmental immunity is a matter primarily for the Legislature to waive.

Governmental ImmunitySovereign ImmunityIntergovernmental DisputesCity LiabilityState AuthorityLegislative WaiverJudicial ReviewTexas LawTort ClaimsHome-Rule Cities
References
60
Case No. 2024 NY Slip Op 02325 [227 AD3d 722]
Regular Panel Decision
May 01, 2024

Matter of Sierra Club v. New York State Dept. of Envtl. Conservation

In this CPLR article 78 proceeding, the Sierra Club appealed a judgment that denied their petition to annul a water withdrawal permit. The permit was granted by the New York State Department of Environmental Conservation (DEC) to Helix Ravenswood, LLC, allowing them to withdraw water from the East River for a thermoelectric generating station's cooling system. The petitioners argued that the DEC failed to comply with the Water Resources Protection Act (WRPA) and the State Environmental Quality Review Act (SEQRA) by not adequately assessing alternative cooling systems or the impact on aquatic life. The Appellate Division affirmed the Supreme Court's decision, concluding that the DEC took a "hard look" at environmental concerns and provided a reasoned basis for its determination, thus acting neither arbitrarily nor capriciously.

Environmental LawWater Withdrawal PermitSEQRAWRPAAppellate ReviewAdministrative AgencyJudicial ReviewCooling SystemEast RiverLong Island City
References
9
Case No. 03-00-00603-CV
Regular Panel Decision
Jun 29, 2001

Daniel T. O'Dell v. Rick Perry, Governor of the State of Texas And John Cornyn, Attorney General for the State of Texas

Daniel T. O'Dell appealed from a trial court order that granted a plea to the jurisdiction filed by the appellees, Rick Perry, Governor of the State of Texas, and John Cornyn, Attorney General for the State of Texas. O'Dell's complaint was vague but appeared to allege a breach of contract related to electrical generator installation or repair in state-owned buildings. The appellate court affirmed the trial court's decision, citing the State's sovereign immunity which protects it from lawsuits for damages unless waived. The court noted that an administrative procedure established by the legislature is the exclusive method for resolving such breach of contract claims against the State. Additionally, the court addressed O'Dell's complaints regarding a jury trial and a worker's compensation issue, finding no error.

Breach of ContractSovereign ImmunityPlea to JurisdictionAppellate ProcedureState GovernmentTexas LawJury TrialWorker's Compensation IssueGovernment CodeLabor Code
References
12
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