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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

New York Underwriters Insurance Co. v. Ehlinger

This case concerns an appeal by New York Underwriters, a worker's compensation insurer, challenging an Industrial Accident Board (IAB) award of death benefits to the statutory beneficiaries of the deceased worker, Clarence G. Ehlinger. The insurer initially filed an appeal in district court, mistakenly naming the deceased worker as the sole defendant. After the statutory 20-day appeal period expired, an amended petition was filed correctly identifying the beneficiaries as defendants. The trial court dismissed the appeal for lack of jurisdiction, a decision upheld by this court. The court ruled that the original petition naming the deceased was a nullity and did not confer jurisdiction over the beneficiaries, and the subsequent untimely amendment failed to cure this jurisdictional defect. The beneficiaries were thus entitled to stand on the IAB award.

Workers' CompensationJurisdictionTimeliness of AppealIndustrial Accident BoardStatutory BeneficiariesMistaken IdentityParty MisnomerTexas LawAppellate ProcedureDeath Benefits
References
3
Case No. MISSING
Regular Panel Decision

In Re New York City Off-Track Betting Corp.

Finger Lakes Racing Association and Empire Resorts, Inc. moved to compel New York City Off-Track Betting Corporation (OTB) to pay post-petition statutory distributions under the New York Racing, Pari-Mutuel Wagering and Breeding Law, arguing they were mandated and qualified as administrative expenses. The Court denied administrative expense status, reasoning that no "estate" exists in Chapter 9 cases to incur such expenses. Citing ambiguity in the state's Racing Law, paramount federalism concerns, and the regulatory authority of the New York State Racing and Wagering Board, the Court abstained from ruling on the specific payment schedule for these distributions. Consequently, the automatic stay was lifted, and the parties were ordered to seek a determination from the Racing and Wagering Board and engage in mediation to resolve the ongoing disputes regarding OTB's restructuring and statutory payments.

Bankruptcy CourtChapter 9 DebtorMunicipal LawState RegulationOff-Track BettingHorse Racing IndustryStatutory InterpretationJudicial AbstentionComity and FederalismAdministrative Claims
References
42
Case No. MISSING
Regular Panel Decision

Sara Lee Corp. v. Bags of New York, Inc.

Sara Lee Corporation filed an action claiming defendants produced and sold counterfeit trademarked Coach Leatherware products, violating the Trademark Act of 1946. Following defendants' failure to respond, a default judgment was entered, and the court retained jurisdiction to determine damages. Despite court orders, seizures, and civil contempt findings, defendant Nabil Helou and his associated businesses persisted in their counterfeiting activities. The court, noting the defendants' willful infringement, efforts to mislead, and defiance of deterrence, awarded Sara Lee $750,000 in statutory damages and $46,045.63 in attorney fees and costs.

Trademark InfringementCounterfeitingStatutory DamagesAttorney FeesWillful InfringementDefault JudgmentInjunctive ReliefDeterrencePunitive DamagesCivil Contempt
References
15
Case No. MISSING
Regular Panel Decision

Hackler v. H. Kohnstamm & Co. of Texas

H. Kohnstamm & Company of Texas, a judgment creditor, initiated a statutory action against Sheriff H. F. Hackler of Camp County and his sureties. The action stemmed from the sheriff's alleged failure and refusal to levy an execution on the property of judgment debtor George Collins, and for making a false return. The creditor claimed Collins possessed leviable assets, including his Pittsburg Laundry business, which he sold for a substantial sum while the execution was in the sheriff's possession. The sheriff contended he exercised due diligence and believed the property was exempt as 'tools and apparatus' of a trade. The court, citing precedents, determined that some assets, such as a cash register and scales, were not exempt. Consequently, the court found sufficient support in the record for the trial court's implied findings that not all laundry assets were wholly exempt and that the sheriff failed to exercise due diligence, leading to the affirmation of the judgment against the sheriff.

Execution of JudgmentSheriff LiabilityExempt PropertyTools and Apparatus ExemptionFalse ReturnDue DiligenceStatutory ActionTexas LawProperty LevyJudgment Creditor
References
14
Case No. MISSING
Regular Panel Decision

XL Specialty Insurance v. Kiewit Offshore Services, Ltd.

This memorandum opinion addresses cross-motions for summary judgment in a case originating from an explosion that killed two workers, one each from Kiewit Offshore Services, LTD (general contractor) and R.B.T. Welders, Inc. (subcontractor). Relatives of the deceased workers filed a negligence lawsuit. XL Specialty Insurance Company, RBT's insurer, initiated a declaratory judgment action against Kiewit, denying a duty to defend or indemnify. Kiewit, in turn, sought indemnification from RBT and coverage from XL. The Court granted Kiewit's motion for summary judgment in part, holding RBT must indemnify Kiewit for a $4 million settlement payment, specific attorney's fees, and prejudgment interest, finding Kiewit faced potential liability and the settlement was reasonable. The Court denied Kiewit's claim for undocumented expenses and denied XL's motion for summary judgment asserting statutory employer and borrowed servant defenses under workers' compensation laws for Kiewit, concluding these defenses were not applicable.

Summary JudgmentIndemnificationWorkers' CompensationInsurance CoverageDeclaratory JudgmentEmployer LiabilityContractual IndemnityBorrowed Servant DoctrineStatutory EmployerNegligence
References
19
Case No. MISSING
Regular Panel Decision

Garcia-Marroquin v. Nueces County Bail Bond Board

Delma J. Garcia-Marroquin, a licensed bondsman, sued the Nueces County Bail Bond Board, alleging inaccurate accounting procedures and challenging the Board's authority to impose a title policy insurance requirement. The trial court issued temporary injunctions but later dissolved them and dismissed the entire suit for lack of jurisdiction, citing Garcia-Marroquin's failure to exhaust administrative remedies. On appeal, the court held that the trial court improperly dismissed the causes of action for damages, injunctive relief (regarding accounting procedures and the insurance requirement), and declaratory judgments, reversing and remanding those issues for further proceedings. However, the appellate court affirmed the dismissal of Garcia-Marroquin's statutory de novo appeal of the Board's decision to suspend her license for failing to maintain title policy insurance, finding that she had failed to exhaust administrative remedies for that specific claim. The court also affirmed the trial court's decision to dissolve the injunctions due to defects in form and overbreadth.

Bail Bond ActAdministrative RemediesJurisdictionInjunctionsDeclaratory JudgmentExhaustion DoctrineStatutory InterpretationTexas LawAppellate ReviewTemporary Injunction
References
44
Case No. MISSING
Regular Panel Decision

Venture Cotton Cooperative and Noble Americas Corp. v. Shelby Alan Freeman

Two groups of cotton farmers sued Venture Cotton Cooperative and Noble Americas Corp. for fraudulent inducement related to cooperative marketing contracts, seeking damages and statutory remedies. The defendants moved to compel arbitration under the Federal Arbitration Act, which the trial court denied, finding the arbitration agreements unconscionable. The court of appeals affirmed, citing the agreements' purported waiver of statutory rights and one-sided attorney's fees. This Court reversed the court of appeals' judgment, holding that the limitation of statutory remedies was severable and the one-sided attorney's fee provision was not unconscionable per se. The case was remanded for the court of appeals to address other unconscionability arguments not previously considered.

ArbitrationFAAUnconscionabilityContract LawStatutory RemediesAttorney's FeesSeverabilityDTPACotton FarmersCooperative Marketing
References
21
Case No. 06-0418
Regular Panel Decision
Apr 03, 2009

Hcbeck, Ltd. v. Charles Rice

Justice Johnson dissents from the Court's decision, arguing that HCBeck, a general contractor, should not be granted statutory employer immunity under the Texas Workers’ Compensation Act. The dissent asserts that HCBeck did not substantively "provide" workers' compensation insurance to its subcontractor's employee, Charles Rice, as required by Tex. Lab. Code § 406.123. Instead, the owner, FMR, secured and paid for the insurance. Justice Johnson argues that for statutory immunity, a general contractor must contribute something of value and exercise actual control over the insurance, rather than merely contractually requiring another party to provide it. The dissent concludes that HCBeck was a bystander in the insurance provision for Rice's injury and therefore not Rice's statutory employer.

Workers' CompensationStatutory EmployerGeneral ContractorSubcontractorInsurance CoverageQuid Pro QuoTexas Supreme CourtDissenting OpinionImmunityConstruction Law
References
2
Case No. 08-18-00108-CV
Regular Panel Decision
Dec 13, 2019

Chandni, Inc., a Texas Corporation Harshad Patel, an Individual Sunil Patel, an Individual Manish Vanmali, an Individual v. Dharmesh Patel

This case involves an interlocutory appeal from the trial court’s denial of Appellants’ motion to dismiss under the Texas Citizens Participation Act (TCPA). Appellants contended the trial court erred in denying their timely-filed motion because Appellee’s claims for theft, fraud, conspiracy, and statutory fraud fell within the scope of the TCPA. The Court of Appeals affirmed the trial court's decision. It found that the motions to dismiss for fraud, statutory fraud, conspiracy, and theft were untimely, as amended petitions did not introduce new legal actions or essential factual allegations. Furthermore, the court determined that the shareholder inspection claim was based on a statutory right, not a judicial proceeding, thus not subject to TCPA dismissal.

Texas Citizens Participation ActTCPAInterlocutory AppealMotion to DismissShareholder Derivative SuitFraudConversionTheftConspiracyShareholder Inspection
References
15
Case No. 03-98-00686-CV
Regular Panel Decision
Mar 23, 2000

Carol Ann Milner v. City of Leander Axia Services, Inc. And Texas Municipal League Intergovernmental RiskPool

Carol Ann Milner, an employee of the City of Leander, suffered an on-the-job injury and sought workers' compensation. Her impairment rating was disputed, leading to a contested case hearing and review by an appeals panel. Milner then sued in district court, alleging breach of duty of good faith and fair dealing and errors in administrative proceedings. The trial court granted partial summary judgments on the tort claim and on one statutory issue, then dismissed the entire cause for lack of jurisdiction. The Court of Appeals reversed the dismissal for lack of jurisdiction, affirmed the summary judgments on the tort claim and the statutory issue regarding oral dispute of impairment rating, and remanded the case for further proceedings on the remaining statutory issues.

Workers' Compensation AppealSovereign ImmunityBad Faith ClaimImpairment Rating DisputeJurisdictional DismissalSummary Judgment ReviewGovernmental Entity LiabilityInsurance Adjustor DutyTexas Administrative Code InterpretationWaiver of Immunity
References
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