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

Case No. 03-04-00342-CV
Regular Panel Decision
Jun 03, 2005

First American Title Insurance Company and Old Republic National Title Insurance Company v. Carole Keeton Strayhorn, Comptroller of Public Accounts of the State of Texas and Greg Abbott, Attorney General of the State of Texas

First American Title Insurance Company and Old Republic National Title Insurance Company, foreign title insurers in Texas, challenged the Comptroller's revised interpretation of retaliatory tax calculations. The new interpretation allowed insurers to include only 15% of the premium tax paid, instead of 100%, in determining their financial burden for retaliatory tax purposes, arguing that title agents bore the remaining 85%. The companies claimed this interpretation was incorrect and unconstitutional, leading to significantly higher taxes for foreign insurers. The district court granted summary judgment in favor of the Comptroller. The Court of Appeals affirmed the judgment, finding the Comptroller's interpretation reasonable, consistent with the statutes, and constitutional, as it served the legitimate governmental purpose of deterring other states from imposing excessive taxes on Texas-based insurers.

Retaliatory TaxTitle InsurancePremium TaxInsurance LawTax LawStatutory InterpretationSummary JudgmentConstitutional LawEqual ProtectionAdministrative Law
References
45
Case No. MISSING
Regular Panel Decision

K. R. Playa VI, S. De R.L. De C v. v. Stewart Title Guaranty Company and Stewart Title Guaranty De Mexico, S.A. De C v.

This case involves a consolidated appeal over title insurance claims for properties in Mexico. Appellants Citigroup Global Markets Realty Group and K.R. Playa VI challenged a trial court's judgment favoring appellees Stewart Title Guaranty Company and Stewart Title Guaranty de Mexico. The dispute centered on whether an exclusion in the title insurance policies, related to K.R. Playa's knowledge of a Mexican expropriation decree affecting the properties, precluded coverage and influenced the damages award. The jury found K.R. Playa knew of the decree for ten properties and awarded zero damages for the remaining six. The appellate court affirmed the trial court's judgment, upholding the jury's findings on K.R. Playa's knowledge and the zero damages, and addressing issues concerning expert testimony and state-law claims.

Title InsuranceReal Estate DisputeProperty ValuationBreach of ContractGood Faith and Fair DealingTexas Insurance CodeExpropriation DecreeMexican LawInternational PropertyAppellate Review
References
18
Case No. 01-18-00002-CV
Regular Panel Decision
Apr 25, 2019

Shakeel Uddin v. Jacqueline K. Cunningham Deputy Receiver of Southern Title Insurance Corporation and Southern Title Insurance Corporation

Appellant Shakeel Uddin appealed a summary judgment granted to Southern Title Insurance Corporation (STIC). Uddin had guaranteed a loan to Nabeel & Amaan Investments, Inc. (NAI), which defaulted, leading to a claim by the lender, Sterling Bank, under a title insurance policy issued by STIC. After paying Sterling and being assigned the loan rights, STIC sued Uddin directly on the guaranty. Uddin argued that the claim was barred by the statute of limitations and that he had raised material issues of fact on his affirmative defenses. The First District Court of Texas affirmed the trial court's judgment, concluding that the statute of limitations was not jurisdictional, STIC's capacity issue was cured by the relation-back doctrine, STIC established its claim, and Uddin had contractually waived his other affirmative defenses.

Guaranty AgreementLoan DefaultTitle InsuranceSubrogationStatute of LimitationsStandingCapacityRelation-Back DoctrineContractual WaiverAffirmative Defenses
References
19
Case No. MISSING
Regular Panel Decision

First American Title Insurance Co. v. Strayhorn

First American Title Insurance Company and Old Republic National Title Insurance Company, foreign title insurers doing business in Texas, challenged the Comptroller's revised interpretation of retaliatory tax calculations. Previously, 100% of premium tax was included in the financial burden; the new interpretation reduced this to 15%, shifting 85% responsibility to title agents. Appellants argued this change was incorrect and unconstitutional, leading to increased retaliatory taxes. The district court granted summary judgment for the Comptroller, finding the new interpretation reasonable and constitutional. The appellate court affirmed this judgment, concluding that the Comptroller's interpretation and application of the retaliatory tax scheme were valid and did not violate equal protection.

Title InsuranceRetaliatory TaxPremium TaxTax LawStatutory InterpretationAdministrative LawEqual ProtectionConstitutional LawSummary JudgmentTexas
References
46
Case No. MISSING
Regular Panel Decision

Curtis v. Radioshack Corp.

Plaintiff Jennifer Curtis filed a discrimination charge against RadioShack Corporation alleging pregnancy-based sex discrimination and retaliatory discharge under Title VII. Her charge was filed 342 days after her termination, exceeding the 300-day statutory limit. Curtis sought equitable tolling, arguing that the Dutchess County Human Rights Commission (DCHCR) misled her and lost her file. However, the court found that DCHCR explicitly stated it did not investigate complaints and that Curtis lacked reasonable diligence in following up for over seven months. Consequently, the court denied equitable tolling and granted RadioShack's motion to dismiss Curtis's First, Second, and Third causes of action as time-barred. Surviving claims exist under New York State Human Rights Law, Fair Labor Standards Act, and New York State Labor Law.

Equitable tollingTitle VIIDiscriminationPregnancy discriminationTimelinessStatute of LimitationsFederal courtDutchess CountyHuman Rights CommissionEEOC
References
13
Case No. MISSING
Regular Panel Decision

Falso v. Sutherland Global Services

Plaintiff Anthony Falso sued his former employer Sutherland Global Services, Inc. and several individual employees for alleged discrimination under Title VII and the ADA. Falso claimed disability discrimination, harassment, and wrongful termination due to a learning disability and other alleged medical conditions. The individual defendants moved to dismiss, arguing no individual liability under Title VII or the ADA, which the court granted. Sutherland moved for partial summary judgment on the Title VII claim, contending Falso failed to exhaust administrative remedies. The court agreed, finding Falso's administrative complaint only alleged disability discrimination and was not reasonably related to a Title VII claim, thus dismissing the Title VII claim.

DiscriminationDisability DiscriminationTitle VIIADAEmployment LawAdministrative RemediesSummary JudgmentMotion to DismissIndividual LiabilityFederal Court
References
19
Case No. MISSING
Regular Panel Decision
Dec 09, 1987

Kincade v. Firestone Tire & Rubber Co.

This is a class action lawsuit filed against Firestone Tire and Rubber Company under Title VII of the Civil Rights Act of 1964 and 42 U.S.C. § 1981, alleging racial discrimination in various employment practices at its LaVergne, Tennessee plant. The plaintiffs, comprising black applicants, current, and former employees, and the Nashville NAACP, claimed discrimination in recruitment, hiring, promotions, disciplinary actions, and terminations. The Court found insufficient evidence to establish a systemwide pattern or practice of intentional discrimination or disparate impact for the class claims, thus entering judgment for the defendant on these matters. However, for individual claims, the Court ruled in favor of Bobby Lee Kincade for a racially hostile work environment, Mary Pope Fite for discriminatory failure to promote, and Bobby W. Ivy for discriminatory failure to hire, while denying all other individual claims.

Racial discriminationEmployment discriminationTitle VIICivil Rights Act42 U.S.C. § 1981Disparate treatmentDisparate impactClass actionHiring discriminationPromotion discrimination
References
42
Case No. MISSING
Regular Panel Decision

Stewart Title Guaranty Co. v. McReynolds

Stewart Title Guaranty Company initiated an action in the Chancery Court of Davidson County, seeking a refund for risk rate and retaliatory taxes levied by the Tennessee Department of Commerce and Insurance. The chancellor dismissed the claim, ruling that the Tennessee Claims Commission held exclusive jurisdiction over tax refund cases. On appeal, Stewart Title challenged this decision, contending that relevant statutes did not confer jurisdiction to the commission for such claims and that the state constitution mandated review of tax assessments by constitutionally established courts. The appellate court affirmed the chancellor's judgment, interpreting the claims commission act to vest exclusive jurisdiction for all state tax recoveries, excluding those handled by the commissioner of revenue, with the Tennessee Claims Commission. Furthermore, the court systematically addressed and rejected Stewart Title's constitutional arguments concerning the act's scope, due process, separation of powers, and the Supreme Court's appellate jurisdiction, solidifying the commission's role in these matters.

Tax RefundInsurance TaxJurisdictionClaims CommissionChancery CourtStatutory ConstructionConstitutional LawDue ProcessSeparation of PowersAppellate Jurisdiction
References
36
Case No. MISSING
Regular Panel Decision

Gray v. Shearson Lehman Bros., Inc.

Eddie Gray sued Shearson Lehman Brothers, Inc., and three individual defendants for employment discrimination under Title VII, New York Executive Law, and New York City Human Rights Law, along with unlawful termination under New York's whistleblower statute. Defendants moved to dismiss various claims. The court granted the defendants' motions, dismissing portions of the Title VII claims as time-barred, all Title VII claims against individual defendants, and the claims under the whistleblower statute and New York City Human Rights Law entirely. The court found that Gray's 1987 and 1989 Title VII claims were time-barred, not falling under the 'continuing violation' exception. It also ruled that individual defendants cannot be held personally liable under Title VII and dismissed those claims. Finally, Gray's whistleblower claim was dismissed as time-barred, and his New York City Human Rights Law claim was dismissed due to non-compliance with statutory prerequisites.

Employment DiscriminationTitle VIITime-Barred ClaimsWhistleblower StatuteNew York City Human Rights LawIndividual LiabilityContinuing Violation DoctrineStatute of LimitationsRetaliatory TerminationRacial Discrimination
References
26
Case No. MISSING
Regular Panel Decision

Rattikin Title Co. v. Grievance Committee of State Bar of Texas

The Rattikin Title Company appealed a temporary injunction that barred it from preparing legal instruments or providing legal advice in transactions where it was not a direct party or agent. The Grievance Committee of the State Bar of Texas initiated the injunction, asserting that these activities constituted the unauthorized practice of law. The appellate court affirmed the injunction, upholding the trial court's finding that the title company's actions, even if inadvertent due to intertwined operations with a law firm, were illegal under Texas law. The court reiterated that the 'practice of law' includes conveyancing and advising on legal instruments for consideration, and such acts by a corporation are enjoinable. The decision emphasized that the preservation of status quo in injunction cases involving law violations means ceasing the unlawful acts. The court also upheld the trial judge's discretion in not enjoining the title company from certain actions for mortgage loan companies, classifying it as a novel legal question.

Unauthorized Practice of LawTemporary InjunctionTitle InsuranceLegal InstrumentsCorporate Practice of LawAttorney-Client RelationshipGrievance CommitteeState BarTexas LawAppellate Review
References
11
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