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

Case No. 03-01-00649-CV
Regular Panel Decision
Aug 30, 2002

Farmers Insurance Exchange Truck Insurance Exchange Fire Insurance Exchange Mid-Century Insurance Co. Mid-Century Insurance Co. of Texas Farmers New World Life Insurance Co. Farmers Texas County Mutual Insurance Company Farmers Group, Inc. v. Michael Leonard and Michael Sawyer on Behalf of Themselves and All Others Similarly Situated

This case involves an interlocutory appeal by Farmers Insurance Exchange and several affiliated companies (collectively 'Farmers') challenging a trial court's order certifying a class action. The class action was brought by Michael Leonard and Michael Sawyer on behalf of themselves and other agents, alleging that Farmers improperly calculated and awarded bonuses under four different bonus contracts. The Texas Court of Appeals affirmed the trial court's decision, concluding that California's substantive law was correctly applied based on the 'most significant relationship' test. The court also found that the class met the requirements for certification, including adequate representation, predominance of common issues, and superiority of a class action over individual lawsuits, thereby rejecting Farmers' arguments for decertification.

Class ActionInterlocutory AppealContract DisputeBonus PaymentsChoice of LawRule 42 Texas Rules of Civil ProcedureAdequacy of RepresentationPredominance of Common IssuesSuperiority of Class ActionCalifornia Law
References
27
Case No. MISSING
Regular Panel Decision

Runner v. New York Stock Exchange, Inc.

Plaintiff sustained severe hand injuries while moving an 800-pound wire reel down stairs using an improvised pulley system on defendant's premises. The District Court granted judgment for the plaintiff, finding Labor Law § 240 (1) applicable due to a gravity-related risk. The Second Circuit Court of Appeals certified two questions to the New York Court of Appeals regarding the statute's applicability to elevation-related injuries and direct causation by gravity, particularly when neither the worker nor an object directly falls. The Court of Appeals determined that the key inquiry is whether the injury resulted from inadequate protection against a risk arising from a significant elevation differential. It concluded that the plaintiff's injuries were a direct consequence of the force of gravity on the inadequately secured reel, making Labor Law § 240 (1) applicable. The first certified question was answered affirmatively, and the second was deemed unnecessary.

Labor LawScaffolding LawElevation DifferentialGravity RiskConstruction AccidentWorker InjuryMakeshift DeviceCertified QuestionsNew York Court of AppealsStatutory Interpretation
References
6
Case No. MISSING
Regular Panel Decision
Oct 02, 2002

Conigliaro v. New York Stock Exchange, Inc.

The plaintiff appealed an order from the Supreme Court, Kings County, which granted summary judgment to defendants New York Stock Exchange, Inc. (NYSE) and Building Maintenance Service LLC, dismissing the personal injury complaint. The appellate court affirmed this decision. Against NYSE, the court found the plaintiff to be a special employee, which barred the action under the Workers’ Compensation Law. For Building Maintenance Service LLC, the court determined there was no genuine issue of fact regarding whether the defendant had actual or constructive notice of the hazardous condition that caused the plaintiff’s fall.

Personal InjurySummary JudgmentSpecial EmployeeWorkers' Compensation LawPremises LiabilityAppellate DecisionAffirmationNotice RequirementKings CountyNew York Law
References
5
Case No. MISSING
Regular Panel Decision

Securities & Exchange Commission v. Tavella

The Securities and Exchange Commission (SEC) moved for default judgment against eight defendants involved in a penny-stock scheme related to Biozoom. The defendants, including Magdalena Tavella and others, were accused of making false representations to broker-dealers and illegally selling unregistered shares. The court found the defendants liable for violating Section 5 of the 1933 Act. A permanent injunction was issued, and disgorgement of illegal proceeds was ordered. However, the final entry of judgment was deferred to allow the SEC to provide further information on prejudgment interest. Civil penalties of $160,000 were imposed on each defendant, lower than the maximum sought by the SEC.

Securities FraudDefault JudgmentPenny Stock SchemeUnregistered SecuritiesSection 5 ViolationAsset FreezeDisgorgementPrejudgment InterestCivil PenaltiesMarket Manipulation
References
20
Case No. MISSING
Regular Panel Decision

Papyrus Technology Corp. v. New York Stock Exchange, Inc.

Papyrus Technology Corp. sued New York Stock Exchange, Inc. for patent infringement and breach of contract related to wireless device patents. The NYSE counterclaimed for a declaratory judgment and moved to disqualify Papyrus's counsel, Mr. Tedd Van Buskirk and his firm Frommer Lawrence & Haug. NYSE alleged Van Buskirk had access to confidential NYSE information while previously an associate at Milbank, Tweed, Hadley & McCloy, which represents NYSE. The court found that Van Buskirk must be disqualified due to his prior exposure to NYSE confidences. However, the court denied the disqualification of Frommer, finding that the firm's timely erected and effective screening measures adequately isolated Van Buskirk and prevented the imputation of his disqualification to the entire firm.

Attorney DisqualificationConflict of InterestLegal EthicsImputed DisqualificationScreening MechanismsPatent InfringementBreach of ContractConfidential InformationAttorney-Client PrivilegeFormer Representation
References
33
Case No. MISSING
Regular Panel Decision

People v. Grasso

This dissenting opinion addresses an appeal from the denial of defendant Richard A. Grasso's CPLR 3211 (a) (7) motion to dismiss four causes of action brought by the Attorney General on behalf of the People of the State of New York. The Attorney General alleges that Grasso, as former Chairman and CEO of the New York Stock Exchange (NYSE), received unlawful and excessive compensation, violating Not-For-Profit Corporation Law (N-PCL) sections concerning reasonable compensation, board approval of salaries, and prohibitions against loans to officers. The dissent argues that the Attorney General has standing under broad parens patriae power to protect the state's economic interests and public confidence in the NYSE, given its vital role in the economy. It asserts that the complaint sufficiently states claims for constructive trust, money had and received, violation of N-PCL 715 (f) regarding salary approval, and violation of N-PCL 716 concerning illegal loans, and thus the motion to dismiss was correctly denied.

Executive CompensationNot-For-Profit Corporation LawCorporate GovernanceParens PatriaeAttorney General StandingMotion to DismissCPLR 3211(a)(7)Fiduciary DutyUnjust EnrichmentConstructive Trust
References
22
Case No. 02-06-00397-CV
Regular Panel Decision

Farmers Group Insurance, Inc., D/B/A Farmers Group Insurance, Farmers Insurance Exchange, and Fire Insurance Exchange v. Tammy Poteet

This is the second appeal in a case between Tammy Poteet (insured) and Farmers Insurance Exchange (insurer) regarding damages from smoke and soot in Poteet's home. The dispute also involves Farmers's alleged breach of the homeowner's policy's appraisal provision. The initial appeal largely favored Farmers, but remanded Poteet's claim for breach of the appraisal provision for further proceedings. On remand, a jury found Farmers breached the appraisal provision and awarded Poteet damages for personal property, loss of home value, and attorney's fees. This appellate court reversed the awards for property damage and loss of fair market value, affirming only specific litigation costs and remanding the general attorney's fees for re-determination, citing Poteet's failure to segregate covered from non-covered damages under the concurrent causation doctrine and the 'law of the case'.

Insurance LawBreach of ContractAppraisal ClauseProperty DamageSoot ContaminationConcurrent CausationAttorney's FeesAppellate ProcedureSummary JudgmentLaw of the Case
References
33
Case No. MISSING
Regular Panel Decision

Truck Insurance Exchange v. Michling

This workers' compensation case revolves around the admissibility of hearsay evidence concerning an alleged on-the-job injury. Mrs. Martha Michling, a statutory beneficiary, sought death benefits for her husband, Hugo Michling, who died from a cerebral hemorrhage. The sole evidence of his alleged injury—hitting his head on a bulldozer—was his statement to his wife upon returning home, presented as a res gestae utterance. The Supreme Court reviewed whether this uncorroborated hearsay statement could serve as independent proof of the accident itself. Citing precedent requiring independent evidence of the occurrence for res gestae admissibility, the court determined that the lower courts erred in admitting the testimony without such corroboration. Consequently, the judgments favoring Michling's beneficiaries were reversed, and judgment was rendered for the petitioner, Truck Insurance Exchange.

Workers' CompensationHearsayRes GestaeEvidence AdmissibilityAccidental InjuryCerebral HemorrhageScope of EmploymentTexas Supreme CourtIndependent ProofSufficiency of Evidence
References
21
Case No. MISSING
Regular Panel Decision

Laine v. Farmers Insurance Exchange

This case addresses whether an umbrella insurance policy covers punitive damages assessed against an uninsured motorist, when the umbrella policy's coverage scope is defined by the underlying uninsured motorist (UM) coverage. Sandra Gervais Laine sued Farmers Insurance Exchange after her mother was killed by an uninsured drunk driver. Farmers paid the policy limit under the primary UM policy but denied payment under the umbrella policy for exemplary damages awarded against the drunk driver. The trial court granted Farmers' motion for judgment notwithstanding the verdict, ruling that UM coverage does not include exemplary damages. The appellate court affirmed, citing Texas public policy against insurance recovery for punitive damages assessed against an uninsured motorist, stating that such damages are intended to punish the wrongdoer, not the insurer. The court also rejected Laine's estoppel and constitutional claims.

Uninsured Motorist CoverageUnderinsured Motorist CoverageUmbrella InsuranceExemplary DamagesPunitive DamagesPublic PolicyInsurance Policy InterpretationWrongful Death ClaimJudgment Notwithstanding the VerdictTexas Insurance Law
References
20
Case No. MISSING
Regular Panel Decision

Havas v. Victory Paper Stock Co.

This appeal concerns Leslie Havas, an employee of Morgan Guaranty Trust Company, who was injured while manually loading heavy waste paper bales onto a Victory Paper Stock Company truck. The accident occurred due to an unsecured, improvised ramp after the hydraulic lift was out of service. Havas sued Victory, who then brought Morgan in as a third-party defendant. A jury found both liable, apportioning fault equally. The Appellate Division reversed, concluding Victory owed no duty and committed no proximate negligence. This court, in an opinion by Judge Fuchsberg, reverses the Appellate Division's order, asserting that the trial judge properly submitted the case to the jury. The decision emphasizes the foreseeability of the accident and the commingled efforts of both companies' employees, which established a mutual duty of care. The case is remitted to the Appellate Division for a review of the facts.

NegligenceForeseeabilityDuty of CareJoint EffortsContributory NegligenceJury RoleAppellate ReviewPersonal InjuryLoading AccidentThird-Party Liability
References
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