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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

In re the Establishment of a Supplemental Needs Trust for Kennedy

John Kennedy, a disabled person under 65, receives Social Security disability payments. His guardian, Hope Kennedy, petitioned to establish a supplemental needs trust solely funded by these payments to avoid Medicaid spend-down requirements. The court addressed the apparent conflict between New York's Social Services Law concerning spend-down (366[2][a][7]) and supplemental needs trusts (366[2][b][2][iii]), determining that such trusts serve as an exception to general Medicaid rules. Noticing parties, the Nassau County Department of Social Services and the New York State Attorney General’s Office, did not object to the trust's formation or funding source, though the Attorney General raised objections to specific provisions. The court granted the application, approving the trust under specific conditions, including provisions related to the trustee's counsel, housing investments, annual accounting with the Surrogate's Court, and ensuring state reimbursement priority upon John Kennedy's death in accordance with POMS guidelines.

Supplemental Needs TrustMedicaid EligibilitySocial Security DisabilitySpend Down ProgramPayback TrustException TrustGuardianshipRepresentative PayeeStatutory InterpretationAdministrative Deference
References
19
Case No. MISSING
Regular Panel Decision

Iron Workers Locals 40, 361 & 417 Health Fund v. Dinnigan

The case involves a dispute between the Iron Workers Locals 40, 361, & 417 Health Fund and Robert Dinnigan, Amanda C. Dinnigan Supplemental Needs Irrevocable Trust, and their attorney regarding reimbursement of medical expenses. The Health Fund sought nearly $1.7 million paid for Amanda Dinnigan's severe injuries from a third-party tortfeasor settlement. Defendants argued against reimbursement, citing state anti-subrogation laws and the "made-whole" doctrine. The court ruled that the Health Fund was self-insured, thus preempting state law, and that the 2008 SPD, which rejected the made-whole doctrine, applied to most expenses. Ultimately, the court ordered judgment for the Plaintiff in the amount of $1,292,278, having reduced the claim by 25% to account for the Defendants' attorneys' fees and expenses in securing the original settlement.

ERISAEmployee BenefitsHealth Fund ReimbursementSubrogationEquitable ReliefSelf-Insured PlanMade-Whole DoctrinePersonal Injury SettlementSupplemental Needs TrustAttorneys' Fees
References
32
Case No. 04-14-00657-CV
Regular Panel Decision
Jan 14, 2015

Richard Leshin, Successor Trustee of the Davila Family Trust, Trust A v. Juan Gerardo Oliva, Rosina Oliva, Individually and as Successor Trustee of the Davila Family Trusts B, C, and D, and Alma Guadalupe Davila

A party who seeks to vacate an arbitration award bears the burden in the trial court of bringing forth a complete record that establishes its basis for vacating the award. Leshin has completely failed to carry his burden because he has come forth only with a partial record. Leshin has not brought forth a record showing that he was not brought into arbitration in a manner that would render him individually liable. For this reason alone, the trial court was correct in confirming the arbitrator’s award. In any case, the matters in the record clearly establish that the arbitrator was well within his power to determine that Leshin was individually liable for his wrongful acts. The AAA Commercial Rules of Arbitration, which apply to this matter, provide that the arbitrator had the power to rule on his own jurisdiction, 'including any objections with respect to the . . . scope . . . of the arbitration agreement or to the arbitrability of any claim or counterclaim.' Finally, the Texas Trust Code is clear that a trustee is always individually liable for his wrongful acts committed as trustee, so it was not necessary to sue Leshin in any particular capacity.

ArbitrationTrustee LiabilityTrust DisputeArbitration AwardAppellate ReviewJurisdictionArbitrabilityTexas LawCommercial Arbitration RulesDavila Family Trust
References
26
Case No. 02-20-00224-CV
Regular Panel Decision
Oct 14, 2021

Regina Nachael Howell Foster v. Ocwen Loan Servicing, LLC and Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital 1 Inc. Trust 2005-HE1, Mortgage Pass-Through Certificates, Series 2005-HE 1

Regina Nachael Howell Foster used her property as collateral for her husband's mortgage refinance loan. After her husband defaulted, she sued Ocwen Loan Servicing, LLC and Deutsche Bank National Trust Company to invalidate the deed-of-trust lien and stop foreclosure. Her initial suit was unsuccessful. Following a foreclosure sale, Foster initiated a second lawsuit, challenging the foreclosure procedures and reasserting the invalidity of the deed-of-trust lien. The trial court granted summary judgment in favor of the defendants. On appeal, Foster challenged this summary judgment, primarily arguing that she did not receive the required notice of default under the Texas Property Code and that the lien was invalid under the Texas Constitution. The Court of Appeals affirmed the trial court's judgment, concluding that Foster's contentions regarding lien invalidity were without merit and that she was not entitled to notice of default.

MortgageForeclosureDeed of TrustHomesteadSummary JudgmentAppellate ReviewTexas ConstitutionProperty CodeNotice of DefaultLien Invalidity
References
45
Case No. 04-25-00361-CV
Regular Panel Decision
Jan 14, 2026

John H. White, Jr., Individually and as Trustee of the Christopher C. White Trust, Matthew M. White Trust, and 1976B John H. White Trust F/B/O David Ryall White v. TCW Helotes Ranch LTD.

This memorandum opinion from the Fourth Court of Appeals in San Antonio, Texas, affirms a temporary injunction granted against John H. White, Jr. The dispute involves an easement across White's property, which provides access to Tuleta White's parcel, owned by TCW Helotes Ranch Ltd. White blocked the easement, prompting TCW Helotes Ranch to seek injunctive relief, citing the critical need for access due to Tuleta's medical condition and the care requirements for her animals. The appellate court concluded that an alternative easement over a third party's land did not constitute a bona fide alternative route, thereby upholding the trial court's finding of probable, imminent, and irreparable injury. Consequently, the temporary injunction, preventing White from obstructing the easement, was affirmed.

Easement disputeTemporary injunctionReal propertyLand accessIrreparable injuryAbuse of discretionAppellate reviewProperty rightsFamily disputeTexas law
References
11
Case No. 08-18-00074-CV
Regular Panel Decision
Aug 28, 2019

in the Matter of Troy S. Poe Trust

This case concerns a dispute between two trustees, Anthony Bock and Richard C. Poe II, of the Troy S. Poe Trust, which was established for Troy Poe, a disabled beneficiary. The trust document required unanimous decisions from its trustees. Following the settlor Dick Poe's death, trustee Anthony Bock petitioned the probate court to modify the trust to include a third trustee and allow for majority decisions, citing irreconcilable differences and litigation between the two existing trustees. The probate court granted the modifications after a bench trial, finding changed circumstances made the trust's purposes impossible to fulfill. Richard C. Poe II, the other trustee, appealed this judgment, arguing that he was improperly denied a jury trial. The appellate court agreed that the fundamental questions regarding the necessity of trust modification due to changed circumstances or impossibility of fulfillment were factual issues that should have been decided by a jury. Consequently, the appellate court set aside the probate court's order and remanded the case for a new trial.

Trust ModificationTrustee DisputeJury TrialProbate CourtEquitable ReliefTexas Property CodeEstates CodeDue ProcessHarmless ErrorSpendthrift Trust
References
34
Case No. 2025-80-1095
Regular Panel Decision
Oct 06, 2025

Hurt, Benji v. Vinebrook Homes Trust, Inc.

The employer, Vinebrook Homes Trust, Inc., appealed an interlocutory decision denying its third motion to compel discovery from employee Benji Hurt. The employer sought to obtain the employee's bank statements, arguing their relevance to whether the employee worked while receiving temporary disability benefits, citing social media posts. The trial court denied the motion, balancing the employer's need for information against the employee's privacy rights, especially since other financial documents were already provided. The Appeals Board affirmed the trial court's decision, finding no abuse of discretion in denying the motion to compel bank records, and remanded the case.

Discovery DisputeMotion to CompelBank StatementsRight to PrivacyTemporary Total DisabilitySocial Media EvidenceMedical RecordsAbuse of Discretion StandardRelevance of EvidenceBalancing Test
References
6
Case No. E2015-00941-COA-R9-CV
Regular Panel Decision

Wade Harvey, Ex Rel. Alexis Breanna Gladden v. Cumberland Trust And Investment Company

This interlocutory appeal addresses whether a trustee's signature on an investment/brokerage account agreement, containing a predispute arbitration provision, binds the trust beneficiary. The Tennessee Supreme Court held that the Tennessee Uniform Trust Code grants trustees broad authority to enter such agreements, provided the trust instrument does not prohibit it. The Court found the Trust Instrument in this case authorized the Trustee to execute the client agreement, including the arbitration provision. However, it clarified that a nonsignatory third-party beneficiary is only bound to arbitration for claims that seek to enforce the contract. The Court reversed the Court of Appeals' decision and vacated the trial court's order compelling arbitration of all claims, remanding the case for a determination of which claims, if any, asserted by the trust beneficiary seek to enforce the Client Agreement.

Trust LawArbitration AgreementTrustee AuthorityBeneficiary RightsPredispute ArbitrationContract LawFiduciary DutyUniform Trust CodeFederal Arbitration ActInterlocutory Appeal
References
104
Case No. 07-13-00241-CV
Regular Panel Decision
Mar 03, 2015

South Plains Lamesa Railroad, Ltd. and Larry Dale Wisener v. Kitten Family Living Trust

This case involves an appeal by South Plains Lamesa Railroad, Ltd. and Larry Dale Wisener (SPLR) against Kitten Family Living Trust (the Trust) in a property dispute. The appeal stems from a jury trial that favored the Trust, with SPLR raising issues including insufficient evidence, scope of rights, and the trial court's failure to submit affirmative defenses. Critically, SPLR also alleged that the Trust failed to disclose a 2009 survey showing wells and pipelines outside the agreed easement. The Court of Appeals found the issue of newly discovered evidence regarding the undisclosed survey to be dispositive, concluding that the Trust's failure to produce the survey demonstrated a lack of due diligence. This evidence, which could change the jury's verdict on the trespass claim, led the appellate court to reverse the trial court's judgment and remand the case for a new trial.

Property disputeEasementTrespassNewly discovered evidenceDue diligenceDiscovery abuseJury trialAppellate reviewReversalRemand
References
14
Case No. 07-09-0343-CV
Regular Panel Decision
Sep 06, 2011

South Plains Lamesa Railroad, Ltd., and Larry Dale Wisener v. the Kitten Family Living Trust

This case involves an appeal concerning a contract dispute over water well operations on property owned by South Plains Lamesa Railroad, Ltd. (SPLR). The Kitten Family Living Trust (the Trust) had entered into both a Lease Agreement and a subsequent Easement Agreement with SPLR for drilling water wells. A dispute arose regarding the number of wells the Trust was permitted to operate and the duration of its rights, leading to the Trust suing SPLR for interference. The trial court ruled in favor of the Trust, granting a perpetual easement and attorneys' fees. On appeal, SPLR argued that the trial court erred in its jury instructions, specifically claiming that a broad-form question was defective for failing to incorporate legal theories and their elements. The appellate court agreed, finding the instruction improper and confusing, and also noted errors in not submitting instructions on an alleged oral agreement and conversion. Consequently, the appellate court reversed the trial court's judgment and remanded the case for a new trial due to these instructional errors.

Contract DisputeLease AgreementEasement AgreementWater RightsJury InstructionsAppellate ProcedureReversal and RemandOral ContractConversion ClaimStatute of Frauds
References
36
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