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

Case No. 03-02-00462-CV
Regular Panel Decision
Feb 06, 2003

TEXAS MUN. POWER AGEN. v. Pub. Util. Com'n

Texas Municipal Power Agency (Municipal Power) challenged an order by the Public Utility Commission (Commission) concerning the allocation of electricity transmission costs to the City of Bryan. Municipal Power filed an Administrative Procedure Act (APA) appeal and later amended its petition to include a declaratory judgment action under the Uniform Declaratory Judgment Act (UDJA), seeking a declaration on the scope of the Commission's statutory authority under the Public Utility Regulatory Act (PURA). The trial court granted pleas to the jurisdiction, dismissing the UDJA action on grounds of sovereign immunity and duplication of remedies available in the APA appeal. The Court of Appeals reversed, holding that the UDJA waives sovereign immunity for claims seeking an interpretation of an agency's general statutory authority and that the UDJA action was distinct from and broader than the APA appeal, which only addressed specific agency orders.

Administrative LawDeclaratory Judgment ActAdministrative Procedure ActSovereign ImmunityJurisdictionPublic Utility CommissionElectricity Transmission CostsStatutory InterpretationInterlocutory AppealAppellate Procedure
References
44
Case No. 03-01-00187-CV
Regular Panel Decision
Jan 10, 2002

Power Resource Group, Inc. v. Public Utility Commisison of Texas and Texas-New Mexico Power Company

This appeal concerns Power Resource Group, Inc.'s challenge to the Public Utility Commission of Texas's interpretation of rule 23.66, which governs the obligation of electric utilities to purchase energy and capacity from qualifying facilities (QFs). Power Resource argued that utilities must contract with QFs within 90 days of notification, irrespective of the QF's ability to deliver power within that period. The Commission asserted that a legally enforceable obligation only arises if the QF can provide energy within 90 days. The Texas Court of Appeals affirmed the district court's judgment, upholding the Commission's interpretation as reasonable and not preempted by federal law, and denied Power Resource's contract and fraud claims against Texas-New Mexico Power Company.

Public Utility CommissionElectric UtilitiesQualifying Facilities (QF)PURPAEnergy Purchase ObligationAdministrative Rule InterpretationStatutory InterpretationContract LawFraud ClaimsSummary Judgment
References
39
Case No. MISSING
Regular Panel Decision

Dreves v. New York Power Authority

Petitioners challenged the New York Power Authority's (NYPA) plan to construct a microwave repeater tower in St. Lawrence County, alleging violations of the State Environmental Quality Review Act (SEQRA) and other statutory and zoning issues. The Supreme Court dismissed seven SEQRA-related causes of action as time-barred but allowed two declaratory relief claims concerning zoning and NYPA's statutory mandate to proceed. On appeal, the court affirmed the Supreme Court's decision, finding that the negative declaration issued by NYPA's Environmental Division Director was valid and that any earlier SEQRA infractions were cured, making the challenges time-barred. The appellate court also upheld the denial of a preliminary injunction and confirmed that the declaratory claims were timely, as the acts giving rise to relief (tower construction and operation) had not yet occurred.

SEQRAEnvironmental ImpactMicrowave TowerStatute of LimitationsDeclaratory ReliefInjunctive ReliefZoning OrdinancesPublic Authorities LawNegative DeclarationEnvironmental Review
References
8
Case No. 03-02-00462-CV
Regular Panel Decision
Feb 06, 2003

Texas Municipal Power Agency v. Public Utility Commission and City of Bryan

In this interlocutory appeal, the Texas Municipal Power Agency challenged a Public Utility Commission (PUC) order concerning the allocation of electricity transmission costs to the City of Bryan. Municipal Power Agency filed both an APA appeal and a Uniform Declaratory Judgment Act (UDJA) claim, the latter of which was dismissed by the district court on grounds of sovereign immunity and duplication of remedies. The Court of Appeals reversed this dismissal, ruling that the UDJA waives sovereign immunity when interpreting an agency's general statutory authority, even if a parallel APA appeal addressing specific agency actions is ongoing. The court emphasized that the UDJA action sought a broader declaration of the Commission's fundamental authority, distinguishing it from merely challenging a particular agency order. Therefore, the case was remanded for further proceedings on the declaratory judgment claim.

Sovereign ImmunityDeclaratory Judgment Act (UDJA)Administrative Procedure Act (APA)Subject Matter JurisdictionInterlocutory AppealPublic Utility CommissionElectricity Transmission RatesStatutory InterpretationAgency AuthorityDuplicate Remedies
References
35
Case No. 22055
Regular Panel Decision

Texas Municipal Power Agency v. Public Utility Commission and City of Bryan

Texas Municipal Power Agency (Municipal Power) challenged a trial court's dismissal of its declaratory judgment action, which was filed alongside an Administrative Procedure Act (APA) appeal. The core issue was whether Municipal Power could simultaneously pursue a declaratory judgment action under the Uniform Declaratory Judgment Act (UDJA) to interpret the general statutory authority of the Public Utility Commission (the Commission) under the Public Utility Regulatory Act (PURA), independently of an APA appeal challenging a specific agency order. The court ruled that the UDJA waives sovereign immunity for claims seeking statutory interpretation against the state. It further determined that a UDJA action aiming to define an agency's general statutory authority is distinct from, and not duplicated by, an APA appeal focusing on the validity of a specific agency action. Consequently, the court reversed the trial court's order granting the pleas to the jurisdiction and remanded the case for further proceedings.

Administrative LawPublic Utility CommissionSovereign ImmunityDeclaratory Judgment ActAPAStatutory InterpretationJurisdictionWholesale ElectricityTransmission CostsMunicipal Utilities
References
20
Case No. MISSING
Regular Panel Decision

Sosa v. Central Power & Light Co.

The Sosas sued Central Power & Light, Houston Power & Light, and General Electric for the wrongful death of Mr. Sosa, alleging liver disease from toxic chemical exposure in the early 1970s. Mr. Sosa died on June 1, 1991, and the Sosas filed suit on June 1, 1993. The defendants moved for summary judgment based on the statute of limitations, arguing the Sosas' First Amended Original Petition's allegations showed Mr. Sosa was incapacitated for twenty years, implying knowledge of injury. The Sosas attempted to file a Second Amended Original Petition without leave of court to invoke the discovery rule, but it was struck as untimely. The appellate court affirmed the trial court's judgment, holding the Second Amended Original Petition was untimely, leave to file was properly denied, the First Amended Original Petition's allegations constituted judicial admissions, and thus, the limitations defense barred the claim as Mr. Sosa was aware of his injuries more than four years prior to his death.

Wrongful DeathStatute of LimitationsSummary JudgmentAmended PleadingDiscovery RuleJudicial AdmissionsToxic ExposureLiver DiseaseAppellate ReviewTexas Civil Procedure
References
24
Case No. E2015-02226-COA-R9-CV
Regular Panel Decision
Aug 19, 2016

Sandra Clark v. Christopher Powers

This interlocutory appeal addresses whether an automobile accident claim was barred by the statute of limitations due to non-compliance with service of process rules. Plaintiffs, Sandra and Sandy Clark, and defendant Christopher Powers's insurer, The General, had an agreement to defer service during settlement talks. Powers's underinsured motorist carrier, Allstate, later 'fronted' The General's policy limit to protect its subrogation rights. After the limitations period, Powers and Allstate moved for dismissal, but the trial court denied summary judgment based on equitable estoppel. The appellate court affirmed the denial, concluding that the agreement to forbear service was valid and ongoing, thus excusing the lack of formal service on Powers at the time the motion was filed.

Automobile AccidentStatute of LimitationsService of ProcessEquitable EstoppelSettlement NegotiationsUnderinsured Motorist CoverageSubrogation RightsSummary JudgmentInterlocutory AppealTennessee Rules of Civil Procedure
References
21
Case No. MISSING
Regular Panel Decision

Powers v. Fox Television Stations, Inc.

Steve Powers, a former television reporter, initiated an age discrimination lawsuit against Fox Television Stations, Inc. following his employment termination in 1992, citing violations of New York State and City human rights laws. Fox subsequently removed the case to federal court and moved to compel arbitration, referencing an arbitration clause within Powers' 1992 employment agreement, and to stay the ongoing action. Powers contended that his employment contract was exempt from the Federal Arbitration Act (FAA) and that his claims fell outside the arbitration clause's scope. The court, relying on Second Circuit precedents, disagreed with Powers' interpretation, concluding that the FAA's employment contract exclusion was limited to the transportation industry and that the broadly worded arbitration clause encompassed the dispute. Consequently, the court granted Fox's motions, compelling arbitration and staying the civil action.

Age DiscriminationEmployment ArbitrationFederal Arbitration ActContract LawStatutory InterpretationMotion to CompelStay of ProceedingsSecond Circuit PrecedentNew York Human Rights LawArbitration Clause Scope
References
12
Case No. 2015 NY Slip Op 06425 [131 AD3d 461]
Regular Panel Decision
Aug 05, 2015

Power v. Frasier

Joseph Power, an employee of the New York City Transit Authority, and his wife, sought damages for personal injuries sustained when Power was struck by a vehicle driven by coemployee John Frasier in a parking lot. Power had received workers' compensation benefits for his injuries. The defendants, John Frasier and his father Edward M. Frasier, moved for summary judgment, arguing the action was barred by the exclusivity provisions of the Workers' Compensation Law. The Supreme Court granted their motion, and the Appellate Division affirmed, holding that the Workers' Compensation Law provides an exclusive remedy when both parties are coemployees acting within the scope of their employment. Since John Frasier was found to be acting within the scope of his employment, he was immune from direct liability, and his father could not be held vicariously liable.

Personal InjuryWorkers' Compensation LawExclusivity ProvisionsCoemployee ImmunitySummary JudgmentVicarious LiabilityScope of EmploymentParking Lot AccidentAppellate ReviewStatutory Interpretation
References
15
Case No. MISSING
Regular Panel Decision

Destec Energy, Inc. v. Houston Lighting & Power Co.

Appellants Destec Energy, Inc., Destec Operating Company, Cogen Lyondell, Inc., and Lyondell Petrochemical Company challenged a trial-court judgment that required them to obtain a certificate of convenience and necessity (CCN) before generating and distributing electricity. Lyondell and Cogen Lyondell, Inc. formed a partnership to utilize statutory 'self-use' and 'cogeneration' exemptions to reduce electricity costs, but Houston Lighting & Power Company sued, arguing a CCN was required. The trial court ruled that the arrangement constituted a retail sale and did not qualify for the self-use exception. The appellate court affirmed the trial court's judgment, holding that under the Texas Revised Partnership Act, a partnership is an entity distinct from its partners, and therefore, the in-kind distribution of electricity from the Partnership to its partners does not constitute the Partnership's furnishing electricity to itself.

Electricity GenerationCertificate of Convenience and Necessity (CCN)Public Utility RegulationPartnership LawSelf-Use ExemptionRetail SaleEntity Theory of PartnershipTexas Utilities CodeTexas Revised Partnership ActStatutory Interpretation
References
31
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