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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

Sanderson v. Bellevue Maternity Hospital, Inc.

Plaintiff, an at-will employee, was removed from her position at Bellevue Maternity Hospital by her supervisor, Susan Fraley, following a co-worker's allegation of harassment. Plaintiff initiated a lawsuit against the co-worker for defamation and tortious interference, and against Bellevue and Fraley for defamation and wrongful discharge. The Supreme Court dismissed the defamation claim against Bellevue and Fraley, citing qualified privilege, and the wrongful discharge claim against Bellevue, upholding the principle of at-will employment. This appeal affirms the dismissal of the defamation claim against Bellevue and Fraley, concluding that Fraley's statements were protected by qualified privilege and the plaintiff failed to demonstrate actual malice. The court also noted the abandonment of the wrongful discharge claim on appeal.

DefamationAt-Will EmploymentQualified PrivilegeActual MaliceRespondeat SuperiorWrongful DischargeSummary JudgmentAppellate ReviewHarassment AllegationEmployee Relations
References
18
Case No. MISSING
Regular Panel Decision

Allen v. City of Midlothian

Billy Ray Allen, a maintenance worker for the City of Midlothian, was injured on the job in April 1989 and filed a workers' compensation claim. After settling, his employment was terminated on April 5, 1991, for failing to provide a full medical release. Allen sued the City for retaliatory discharge, later adding City Manager Robert G. Powers and City Secretary June Smith as defendants, and introducing claims including breach of implied duty of good faith, intentional infliction of emotional distress, tortious interference, and civil conspiracy. The defendants sought summary judgment based on sovereign immunity and statute of limitations. The appellate court affirmed summary judgment against Powers and Smith individually for retaliatory discharge, intentional infliction of emotional distress, and civil conspiracy due to the two-year statute of limitations. However, it reversed and remanded claims against them for breach of implied duty of good faith and tortious interference, and all claims from Allen's third amended petition, finding the limitations issue unpreserved or summary judgment improper for new claims. The court also affirmed summary judgment for the City and Powers/Smith in their representative capacities on most claims due to sovereign immunity, but reversed and remanded the retaliatory discharge claim, holding that municipalities waive sovereign immunity for such claims under the Texas Workers' Compensation Act.

Retaliatory DischargeSummary JudgmentStatute of LimitationsSovereign ImmunityDue DiligenceTexas Workers' Compensation ActTexas Civil ProcedureImplied Duty of Good FaithIntentional Infliction of Emotional DistressTortious Interference
References
24
Case No. MISSING
Regular Panel Decision

Cusumano v. Schlessinger

The plaintiff, an operator employed by Rodin, was discharged on October 2, 1914, after agents of the International Garment Association informed Rodin that the plaintiff was not a union member, violating an agreement between Rodin's association and the defendant. The plaintiff, claiming wrongful discharge and subsequent inability to find work, was awarded $500 in the lower court. However, the defendant appealed this decision. The appellate court reversed the judgment, ruling that Rodin had the right to discharge an employee hired for an indefinite term with or without cause. The court also determined that the defendant's truthful statements did not constitute an actionable offense, as the responsibility for discharge rested solely with the employer. Furthermore, no evidence suggested the defendant prevented the plaintiff from seeking other employment, leading to the dismissal of the complaint.

Wrongful dischargeLabor disputeUnion membershipEmployer-employee relationsTrade associationsContractual agreementsAppellate reviewDismissal with costsUnemploymentRight to discharge
References
0
Case No. MISSING
Regular Panel Decision
Aug 11, 2014

In re Haemmerle

The debtor, Thomas Haemmerle, moved to hold Wells Fargo Bank, N.A. in civil contempt for violating his Chapter 7 bankruptcy discharge injunction. Haemmerle's personal liability on a mortgage loan was discharged in 2006, despite Wells Fargo not being initially scheduled as a creditor. After the loan defaulted in 2011, Wells Fargo pursued collection efforts. Despite being notified of the discharge in 2013, Wells Fargo continued to make numerous phone calls and send letters asserting Haemmerle's personal liability. The court ruled that Haemmerle's personal liability was discharged by operation of law and that Wells Fargo knowingly and willfully violated the discharge injunction, awarding attorneys' fees and $69,500 in punitive damages.

Bankruptcy LawDischarge InjunctionCivil ContemptCreditor NotificationNo-Asset BankruptcyPersonal LiabilityIn Rem RightsPunitive DamagesAttorneys' FeesEmotional Distress Claims
References
37
Case No. MISSING
Regular Panel Decision

Herlihy v. Metropolitan Museum of Art

Cecile Herlihy, a 72-year-old employee of the Metropolitan Museum of Art, was discharged following complaints of anti-Semitic remarks made by her to volunteer colleagues. Herlihy denies these allegations, claiming the complaints were malicious and retaliatory for her supervisory actions. She sued for discriminatory discharge, slander, tortious interference, and intentional infliction of emotional distress. The court, treating a motion for dismissal as summary judgment, ruled that claims of defamation and tortious interference against the volunteers could proceed, rejecting the argument of absolute privilege for discrimination complaints if proven malicious and false. However, the claims for intentional infliction of emotional distress against the Museum and for punitive damages/attorneys' fees were dismissed.

Employment DiscriminationDefamation LawWorkplace HarassmentRetaliation ClaimsQualified PrivilegeSummary Judgment MotionTortious InterferenceEmotional DistressAnti-Semitism AllegationsEmployer Responsibility
References
38
Case No. MISSING
Regular Panel Decision
Jul 07, 1995

Bates v. Dallas Independent School District

Wilfred Bates, a math teacher at Carter High School, faced disciplinary actions from the Dallas Independent School District (DISD) including transfer, probation, and a salary freeze after he testified in an investigation regarding grading policies. Despite receiving a favorable administrative ruling from the Texas Education Agency (TEA), Bates filed a lawsuit alleging violations of his constitutional rights (First, Fifth, and Fourteenth Amendments), constructive discharge, and tortious interference with his employment contract. The trial court granted summary judgment for DISD and the individual appellees. The appellate court affirmed this decision, concluding that no genuine issues of material fact existed and that Bates's claims regarding First Amendment rights, constructive discharge, and tortious interference were not supported, also noting that the principal lacked policymaking authority for the district.

Summary JudgmentPublic School TeacherRetaliationFirst Amendment RightsDue ProcessEqual ProtectionConstructive DischargeTortious InterferenceGovernmental ImmunityAcademic Freedom
References
24
Case No. MISSING
Regular Panel Decision

Cooper Square Hotel, LLC v. Assured Source National, LLC

Petitioner Cooper Square Hotel, LLC sought to discharge a mechanic's lien filed by respondent Assured Source National, LLC against its property. The petitioner argued that the lien should be discharged due to waivers of mechanic's liens executed by the respondent and Angel Construction Group, LLC, and because the respondent, a Professional Employer Organization (PEO), is not entitled to assert a mechanic's lien under Lien Law § 3. The court acknowledged that factual issues regarding the waivers and payments would warrant discovery. However, the court ultimately determined that the respondent, as a PEO, failed to overcome the presumption that it did not provide labor, citing *Tri-State Empl. Servs. v Mountbatten Sur. Co.* as precedent. Consequently, the court granted the petition and ordered the discharge of the mechanic's lien.

Mechanic's LienProfessional Employer OrganizationPEOLabor LawLien LawWaiver of LienConstruction ManagementPayroll FinancingCo-employerNew York State Law
References
3
Case No. MISSING
Regular Panel Decision

Marchant v. Schenley Industries, Inc.

Plaintiff Howard M. Marchant initiated an action against Schenley Industries, Inc., and Schenley Affiliated Brands Corp., alleging age discrimination under the Age Discrimination in Employment Act (ADEA) following his termination at age 54. Marchant sought to amend his complaint to include state claims for breach of contract and tortious discharge, and to request remedies such as reinstatement. The Court granted the plaintiff's motions to amend the complaint but dismissed the tortious discharge claim, finding it unrecognized under Tennessee law, and granted partial summary judgment to the defendants on the breach of contract claim. While denying the defendants' motion to dismiss the original ADEA complaint, the Court granted partial summary judgment against the plaintiff on the issue of damages for pain and suffering and emotional distress under the ADEA. However, the plaintiff's request for reinstatement or damages in lieu of reinstatement was granted, allowing these claims to proceed.

Age Discrimination in Employment ActWrongful TerminationBreach of ContractTortious DischargeSummary JudgmentFederal Civil ProcedurePendent JurisdictionDiversity JurisdictionTennessee Employment LawRemedies
References
21
Case No. MISSING
Regular Panel Decision

Johnson v. Cargill, Inc.

This action for retaliatory discharge involves a plaintiff who sustained a neck injury while working for the defendant. After filing a workers' compensation claim, which was settled, the plaintiff was released to work with a ten-pound lifting restriction. Upon attempting to return, he was informed no work was available. The plaintiff then filed a complaint for retaliatory discharge, alleging the defendant maintained a discriminatory 'light duty' policy. A jury verdict favored the plaintiff, awarding both compensatory and punitive damages. However, the appellate court found insufficient material evidence to support the claim of retaliatory discharge, particularly regarding the defendant's alleged light duty policy for permanently disabled workers or discriminatory application based on workers' compensation claims. Consequently, the appellate court reversed the judgment and dismissed the action.

Retaliatory DischargeWorkers' Compensation ClaimJury Verdict ReviewAppellate ReversalMaterial EvidencePermanent Partial DisabilityLifting RestrictionsLight Duty PolicyDiscriminatory Employment PracticesBurden of Proof
References
4
Case No. MISSING
Regular Panel Decision

Betz v. Legal Aid Society

Plaintiff Gerard G. Betz was terminated from his employment with The Legal Aid Society after declining a new position following a departmental restructuring. He filed a lawsuit alleging claims under the Age Discrimination in Employment Act (ADEA), New York State’s Human Rights Law, and the Employee Retirement Income Security Act (ERISA), along with state law claims for tortious discharge, breach of oral contract, and breach of implied written contract. The court dismissed the ADEA claim as procedurally barred due to untimely filing, and the ERISA claim because vacation/annual leave funds were from general assets, not a separate benefit plan. Additionally, the tortious discharge and implied contract claims were rejected under New York's at-will employment doctrine, and the oral contract claim failed due to lack of express authority for lifetime employment. Consequently, the defendant's motion for summary judgment was granted on all counts.

Age DiscriminationEmployment TerminationSummary JudgmentERISA ClaimsNew York Human Rights LawOral Contract BreachImplied Contract BreachAt-Will Employment DoctrineProcedural BarFederal Jurisdiction
References
13
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