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Case Law Database

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

Case No. MISSING
Regular Panel Decision

White v. United Industrial Syndicate

Inell White, a 62-year-old woman, suffered from bilateral carpal tunnel syndrome due to her factory work for United Industrial Syndicate, leading to a 60% permanent partial disability to each arm. The trial court awarded her medical expenses and disability benefits. On appeal, the defendant and its insurer, CNA Insurance Company, challenged whether the action was barred by the statute of limitations and if White met her burden of proof on the permanence of her injury. The Supreme Court of Tennessee affirmed the trial court's decision, finding that the statute of limitations was tolled until White discovered her condition was permanent and work-related in September 1985. The Court also ruled that medical testimony regarding permanent disability was admissible as the cause of action arose before the effective date of the relevant statutory amendment requiring AMA guidelines.

Permanent Partial DisabilityCarpal Tunnel SyndromeStatute of LimitationsMedical Expert TestimonyAMA GuidesRetrospective Application of StatutesWork-related InjuryOccupational DiseaseAppellate ReviewTendonitis
References
7
Case No. MISSING
Regular Panel Decision

Andre v. City of New York

This case addresses two related actions concerning the proposed transfer of privately-owned bus company operations to the Metropolitan Transportation Authority (MTA) and the transfer of claims management to AIG Claim Services, Inc. The plaintiffs, including nonunion employees and the bus companies, sought declaratory and injunctive relief to prevent the transfer without compliance with employee protective arrangements established by a 1975 operating agreement and subsequent certifications. The court denied motions by the City of New York and the MTA to dismiss the complaints, finding that the plaintiffs had standing and stated valid causes of action. Furthermore, the court granted the plaintiffs' request for a preliminary injunction, enjoining the proposed takeover until a determination by the Department of Labor and ordering the immediate restoration of claims management work to the bus companies, citing violations of employee protection agreements and procurement laws.

Employee Protective ArrangementsBus TransportationPublic ProcurementPreliminary InjunctionThird-Party BeneficiaryStanding to SueGovernment ContractsUrban Mass Transportation ActCollective Bargaining RightsClaims Management Transfer
References
18
Case No. MISSING
Regular Panel Decision

Blue Cross of Western Pennsylvania v. LTV Steel Co. (In re Chateaugay Corp.)

Appellant Blue Cross of Western Pennsylvania (BCWP) appealed a Bankruptcy Court decision that denied its request for relief from an automatic stay in the Chapter 11 bankruptcy of LTV Steel Company, Inc. BCWP, an insurance provider for LTV Steel's former constituent companies (J&L and Republic), sought to set off a $2.88 million refund it owed LTV/J&L against over $3 million in unreimbursed claims it paid as a participant in a national syndication arrangement for LTV/Republic. The Bankruptcy Court found no mutuality between BCWP and LTV Steel to permit the set-off under 11 U.S.C. § 553(a). BCWP argued for third-party beneficiary status and equitable principles. The District Court affirmed the denial, ruling that BCWP was not a third-party beneficiary and that allowing the set-off would create an inequitable preference for BCWP over other creditors.

BankruptcyAutomatic StaySet-offMutualityThird-Party BeneficiaryInsurance ContractsHealth Care BenefitsSyndication ArrangementEmployer-Employee BenefitsDebtor in Possession
References
5
Case No. 01-15-00147-CV
Regular Panel Decision
Apr 06, 2015

Metropolitan Insurance and Annuity Company and Metropolitan Life Insurance Company v. Peachtree Settlement Funding, LLC

This case involves an appeal by Metropolitan Life Insurance Company and Metropolitan Insurance & Annuity Company (Appellants) against Peachtree Settlement Funding, LLC and Sara Swain (Appellees) regarding a trial court's approval of a structured settlement payment rights transfer. Sara Swain, the payee, sought to transfer partial monthly payments to Peachtree, leading to a "Servicing Arrangement" approved by the trial court. This arrangement allowed Peachtree to receive the full monthly payments, retain its assigned portion, and remit the remainder to Swain, without requiring MetLife to directly divide payments. MetLife challenged this, asserting the arrangement improperly modified contracts, contravened the Texas Transfer Statute, and imposed an involuntary business relationship. The Appellee's brief argues for the affirmation of the trial court's decision, emphasizing the legality of the servicing arrangement under Texas's principles of contract assignability and principal-agency law, and affirming the transfer as being in Swain's best interest.

Structured SettlementPayment Rights TransferServicing ArrangementContract AssignabilityPrincipal-Agency LawBest Interest DeterminationAppellate ReviewTexas Transfer StatuteLegal PrecedentAnnuity Issuer Obligations
References
68
Case No. MISSING
Regular Panel Decision
Sep 04, 2015

In re Barrier Window Systems, Inc.

Barrier Window Systems, Inc. appealed a decision by the Unemployment Insurance Appeal Board, which found Barrier liable for additional unemployment insurance contributions for its installers. Barrier, which transitioned from installing to selling building products and arranging installations via subcontractors, argued it was not a contractor under the Fair Play Act and that its installers were independent contractors. The Board determined that Barrier continued to engage in construction by arranging installations and that the installers did not meet all three criteria of the Fair Play Act's ABC test for independent contractor status. The Court affirmed the Board's decision, finding it supported by substantial evidence, thereby upholding Barrier's liability.

Unemployment InsuranceIndependent ContractorWorker MisclassificationConstruction Industry Fair Play ActLabor LawABC TestEmployment RelationshipSubstantial EvidenceAdministrative AppealStatutory Presumption
References
7
Case No. MISSING
Regular Panel Decision

Hartman v. Bell

This case involves an appeal concerning a contract for the sale of a medical practice. A plaintiff physician agreed to sell his practice to defendant physicians, with payment contingent on a percentage of industrial medicine income over three years, including a minimum payment, and further payments for six months thereafter. The Supreme Court, Queens County, granted the defendants' cross motion for summary judgment, dismissing the complaint against them. The appellate court affirmed this decision, finding the agreement constituted an illegal fee-splitting arrangement under Education Law § 6509-a. The court emphasized that the law would not provide relief to parties involved in illegal arrangements, upholding public policy.

Fee-splittingMedical Practice SaleBreach of ContractSummary JudgmentUnjust EnrichmentPublic PolicyIllegal ContractProfessional Medical GroupAppellate DecisionContract Law
References
3
Case No. MISSING
Regular Panel Decision
May 26, 1998

Millett v. Millett

The case involves an appeal from a Family Court order that modified a prior custody and visitation arrangement for two sons. Initially, the parents had joint custody, but the petitioner sought to limit the respondent's visitation due to alleged mental abuse of the children. The Family Court awarded sole custody to the petitioner and mandated that the respondent's visitation be arranged by the children's therapist. On appeal, the court affirmed the termination of joint custody and the requirement for supervised visitation. However, it found that delegating the authority to determine the specifics of supervised visitation to a therapist was an improper delegation of judicial power. Consequently, the case was remitted to the Family Court of Warren County for further proceedings to establish the nature and frequency of the supervised contacts between the respondent and the children.

Custody disputeVisitation rightsChild mental healthParental fitnessFamily CourtModification of orderAppellate reviewRemandSupervised visitationDelegation of judicial authority
References
12
Case No. MISSING
Regular Panel Decision

Cole v. Nofri

Justice Martoche dissents from an order concerning a child custody modification. The mother sought to change the existing custody arrangement, established in 2005, which granted primary physical custody to the father. Her petitions in 2006 and 2011 alleged the child suffered emotional difficulties and expressed a strong desire to live with her. Family Court dismissed the 2011 petition, concluding the mother failed to show a sufficient change in circumstances and that the child lacked the maturity to make a wise custody choice. Martoche, J. argued that the lower court's dismissal should be affirmed, emphasizing the importance of stability in custody arrangements, the child's history of anxiety, and the absence of expert testimony to warrant a modification, thereby upholding the original determination that it was in the child's best interest to reside with the father.

Child CustodyChild's PreferenceChange in CircumstancesParental RightsBest Interests of the ChildFamily LawDissenting OpinionPsychological EvaluationAdjustment DisorderEmotional Distress
References
6
Case No. 07-03-0292-CV
Regular Panel Decision
Dec 03, 2004

James L. Killion v. Chuck Lanehart, Successor & Independent of the Estate of Bill A. Davis

This case involves an appeal by James L. Killion challenging a trial court judgment in favor of Chuck Lanehart, the successor independent executor of Bill A. Davis's estate. The central dispute concerned the attorney's fee arrangement between Killion and the deceased attorney, Davis. Killion argued there was no written contingent fee agreement, rendering any such arrangement voidable. The jury found that the parties did not have a definite agreement on attorney's fees beyond an initial $5,000 retainer, and that Davis performed compensable work. Consequently, the jury awarded $40,000 based on quantum meruit. The Court of Appeals affirmed the trial court's judgment, concluding that there was sufficient evidence to support the jury's findings regarding the absence of a clear fee agreement, the applicability of quantum meruit, and the reasonableness of the awarded fee.

Fee disputeAttorney feesContingent feeQuantum meruitContract disputeLegal sufficiencyFactual sufficiencyJury verdictImplied agreementTexas law
References
18
Case No. MISSING
Regular Panel Decision

Town of Islip v. Datre

The Town of Islip initiated legal action against numerous defendants, including Thomas Datre Jr. and various corporations, asserting claims under RICO, CERCLA, and state law. The lawsuit stems from allegations of illegal hazardous waste dumping at Roberto Clemente Park between 2013 and 2014, which cost the Town over $4 million in cleanup expenses. The Court reviewed motions to dismiss filed by the arranger, Atlas, and Church defendants. It affirmed the Town's standing for RICO claims but found insufficient pleading regarding fraud particularity and intent for these defendants. For CERCLA, the Court ruled that arranger liability necessitates knowledge of the hazardous nature of the substances, which was not adequately demonstrated, and that Church defendants were not plausibly alleged as 'operators'. Consequently, the Court dismissed the federal and state law claims against these specific defendants but granted the Town permission to file an amended complaint.

RICO ClaimsCERCLA LiabilityHazardous Waste DumpingEnvironmental ContaminationMotions to DismissPleading StandardsFraudulent IntentArranger LiabilityOperator LiabilityPublic Nuisance
References
88
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