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

Case No. 01-05-00531-CV
Regular Panel Decision
Dec 14, 2006

Steve Burditt v. Whataburger, Inc.

Steve Burditt appealed a summary judgment granted in favor of Whataburger, Inc., concerning claims of false imprisonment, negligence, and violation of the Texas Deceptive Trade Practices—Consumer Protection Act (DTPA). Burditt alleged he was detained by Whataburger staff after a $20 bill he used was suspected to be counterfeit, leading to his humiliation. The appellate court affirmed the trial court's decision on all counts. It found the shopkeeper's privilege justified the detention for false imprisonment. Furthermore, the court determined Burditt provided insufficient evidence of compensable mental anguish damages to support his negligence and DTPA claims, specifically lacking proof of "knowing conduct" required under the DTPA.

Summary JudgmentFalse ImprisonmentNegligenceDeceptive Trade Practices Act (DTPA)Shopkeeper's PrivilegeMental Anguish DamagesNo-Evidence MotionTexas Civil Practice and Remedies CodeTexas Business and Commerce CodeAppellate Review
References
14
Case No. CV-22-2121
Regular Panel Decision
May 30, 2024

In the Matter of the Claim of Steve Persaud

Steve Persaud suffered a work-related back injury in 2000, for which his workers' compensation benefits were established. Payments for a temporary disability continued until November 2012, at which point the carrier suspended them due to a lack of current medical evidence of ongoing disability. After several hearings, a Workers' Compensation Law Judge (WCLJ) concluded that all previous issues were resolved. In February 2022, Persaud filed a request for assistance, claiming a permanent partial disability classification from 2007, unpaid benefits from 2012, and carrier fraud. The Board affirmed the WCLJ's findings in July 2022, stating no evidence of permanent disability, timely payments, and no fraud. Persaud's subsequent application for reconsideration and/or full Board review was denied in October 2022, leading to this appeal. The Appellate Division affirmed the Board's denial, limiting its review to whether the denial was arbitrary and capricious or an abuse of discretion, and found no grounds for reversal.

Workers' CompensationPermanent Partial DisabilityMedical EvidenceReconsideration DenialFull Board ReviewAppellate DivisionDisability BenefitsFraud AllegationsArbitrary and Capricious ReviewAbuse of Discretion Review
References
8
Case No. W2005-01527-COA-R3-CV
Regular Panel Decision
Sep 11, 2006

Steve Mairose v. Federal Express Corporation

This case, an appeal from the Chancery Court for Shelby County, addresses an alleged breach of an employment contract between Steve Mairose, et al., and Federal Express Corporation. The dispute arose after FedEx's acquisition of Tiger International, leading to an integrated master seniority list for pilots. The appellant pilots argued that their seniority rights, established in the Flight Crewmember Handbook (FCH), were vested and improperly altered by FedEx's bulletin process. The Court of Appeals of Tennessee at Jackson affirmed the chancery court's decision, ruling that seniority rights are contractual and amendable, not vested, thus FedEx did not breach the FCH. The court also upheld the dismissal of eight plaintiffs who failed to perfect their previous appeal and affirmed the award of discretionary costs to FedEx.

Employment LawContract DisputeSeniority RightsCorporate MergerAppellate ReviewTennessee LawPilot EmploymentArbitrationWaiverCivil Procedure
References
22
Case No. 2022-06-0311
Regular Panel Decision
Jun 23, 2023

Burke, Timothy v. Steve Towers Enterprises, LLC, a/k/a Steve Towers Holding, LLC

Timothy Burke, an employee of Steve Towers Enterprises, LLC, sought workers' compensation benefits after being accidentally shot by a coworker, Josh Daniels, during work hours. The incident occurred when Mr. Daniels was showing Mr. Burke a gun he intended to sell. Steve Towers Enterprises filed a motion for summary judgment, arguing that the injury did not arise primarily out of Burke's employment, as the activity of selling a gun was unrelated to the employer's vehicle repair business. Judge Kenneth M. Switzer granted the summary judgment motion, concluding that there was no causal connection between the employment conditions and the injury. Consequently, Burke's claim for benefits was dismissed with prejudice, and Towers was ordered to pay court costs.

Workers' CompensationSummary JudgmentAccidental ShootingArising out of employmentCausal connectionEmployment hazardsDismissed with prejudiceTennessee lawVehicle repair shopCoworker injury
References
6
Case No. 01-13-00573-CV
Regular Panel Decision
Dec 30, 2014

Steve McCraw v. Ricardo Valdez Gomez, Jr.

Steve McCraw, Director of the Texas Department of Public Safety (DPS), appealed a trial court's order that granted Ricardo Valdez Gomez, Jr.'s petition for a writ of mandamus. Gomez sought to compel McCraw to remove him from the state sex offender registration list. McCraw argued that the original order directing Gomez's removal was void because Gomez allegedly failed to comply with statutory requirements, and therefore, McCraw had no ministerial duty to comply. The appellate court found McCraw's arguments without merit, concluding that Gomez's assessment and evaluator were not subject to rules that became effective after his assessment was performed. Consequently, the court affirmed the trial court's order granting the writ of mandamus.

Sex Offender RegistrationWrit of MandamusStatutory InterpretationMinisterial DutyEarly TerminationDeferred AdjudicationTexas LawAppellate ReviewVoid OrderRisk Assessment
References
7
Case No. C.A. No. 01A01-9708-CH-00401
Regular Panel Decision
Apr 08, 1998

The Oak Ridge Boys, Inc. v. Steve H. Sanders

The case concerns an appeal by The Oak Ridge Boys, Inc. against the award of unemployment benefits to their former singer, Steve Sanders. Sanders left the group mid-tour after an agreement about his departure due to negative publicity leaked, causing emotional distress. The employer contended Sanders voluntarily quit without good cause or was discharged for work-related misconduct. However, the Tennessee Department of Employment Security (TDES) and subsequent tribunals, including the trial court, found that Sanders was effectively forced to leave and was thus eligible for benefits. The Court of Appeals of Tennessee affirmed this decision, citing substantial and material evidence supporting the finding that Sanders did not voluntarily quit without good cause, given the unique nature of his employment and the circumstances surrounding his departure.

Unemployment CompensationVoluntary QuitGood CauseWork-Related MisconductAppellate ReviewSubstantial EvidenceMaterial EvidenceTDES Board of ReviewEmployee DischargeCelebrity Image
References
6
Case No. 06-15-00062-CV
Regular Panel Decision
Dec 15, 2015

Allen F Calton v. Steve Schiller

Allen F. Calton, an appellant, sued judges Sharon Keller, Terrie Livingston, John Cayce, Bob Gill, and Louis Sturns, along with court reporter Steve Schiller, seeking injunctive relief under 42 U.S.C. 1983. Calton alleged that his due process rights were violated due to an incomplete appellate record in his underlying criminal conviction for attempted murder. The District Court dismissed the suit based on judicial and sovereign immunity and lack of jurisdiction. This brief, filed by the appellee judges, argues for the affirmation of the district court's dismissal, asserting that judicial immunity bars the requested injunctive relief and that the district court lacked subject matter jurisdiction to oversee higher judicial bodies.

Judicial ImmunitySovereign ImmunityInjunctive ReliefCivil RightsDue ProcessAppellate ProcedureMotion to DismissTexas LawCollateral AttackCriminal Conviction
References
32
Case No. M2005-02719-COA-R3-CV
Regular Panel Decision
Jun 30, 2010

Wilson County Board of Education v. Wilson County Education Association and Steve Johnson

An assistant principal, Steve Johnson, was transferred to a teaching position by the Wilson County Board of Education. He, along with the Wilson County Education Association, grieved the transfer under a locally negotiated agreement. After the grievance was denied through internal steps, they sought to compel arbitration in the Chancery Court for Wilson County. The trial court granted summary judgment to the Board, concluding that assistant principals are statutorily similar to principals, giving the director of schools unrestrained authority to transfer them. On appeal, the Court of Appeals of Tennessee at Nashville affirmed the trial court's judgment, but on different grounds. The appellate court held that despite the agreement mentioning "binding arbitration," it also stated that the arbitrator "may recommend" remedies, creating an inconsistency that prevented a "meeting of the minds" on the final resolution procedure, thus rendering the arbitration agreement unenforceable.

Education Professional Negotiations ActGrievance ProcedureArbitration AgreementMeeting of the MindsContract InterpretationTeacher TransferAssistant PrincipalStatutory AuthoritySchool Board PowersBinding vs. Advisory Arbitration
References
29
Case No. 09-22-00020-CV
Regular Panel Decision
Dec 14, 2023

Waterstone on Lake Conroe, Inc. and Steve Bowen v. Keith Dewberry and John T. Font

This case concerns a dispute over canal navigability and maintenance in the Waterstone on Lake Conroe development. Property owners Keith Dewberry and John T. Font sued Steve Bowen and his entities for statutory and common law fraud, alleging misrepresentations regarding promises to maintain the canals, which became unusable after 2016 floods. A jury found in favor of Dewberry and Font, awarding damages for diminution in market value. The Appellants challenged the verdict on several grounds, including statute of limitations, the nature of the injury (temporary vs. permanent), jury conflicts, and sufficiency of evidence for fraud and damages. The Court of Appeals affirmed the trial court's judgment, finding no reversible error.

Fraudulent MisrepresentationReal Estate DevelopmentProperty ValueCanal NavigabilityStatute of Limitations DefenseJury VerdictAppellate ReviewTexas Court of AppealsDeveloper AccountabilityHomeowner Claims
References
44
Case No. 03-16-00510-CV
Regular Panel Decision
May 17, 2016

Steve F. Montoya, Jr., M.D., West Texas Renal Care and West Texas Nephrology v. San Angelo Community Medical Center and Kirk Brewer, M.D.

Appellants, Steve F. Montoya, Jr., M.D., and his entities, appealed the dismissal of their claims against Kirk Brewer, M.D. and the summary judgment granted to San Angelo Community Medical Center (SACMC). Dr. Montoya alleged that Dr. Brewer, as Chief of Staff and head of a hospitalist group, conspired with SACMC to engage in anticompetitive actions, including a "whisper campaign" and manipulating patient referrals from the emergency room to favor hospital-affiliated physicians, thereby harming Dr. Montoya's nephrology practice. The lower court dismissed claims against Dr. Brewer under the Texas Citizens Participation Act and Rule 91a, subsequently granting summary judgment to SACMC. Appellants argue these dismissals were erroneous, asserting their claims are valid under Texas antitrust laws, they presented clear and specific evidence, SACMC has direct liability, and the court failed to consider their updated pleadings. Dr. Montoya seeks to reverse the dismissals, citing significant lost revenue estimated between $3,000,000 and $6,500,000 from lost long-term kidney dialysis patients.

AntitrustBusiness DisparagementDefamationTortious InterferenceMonopolizationGroup BoycottEMTALAPatient ReferralsHospitalist ServicesPhysician Privileges
References
49
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