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

Case No. 13-01-00119-CV
Regular Panel Decision
Jun 06, 2002

McAllen Police Officer's Union and the City of McAllen, Texas v. Ricardo Tamez, Individually and as President of the McAllen Professional Law Enforcement Association, and McAllen Professional Law Enforcement Association

The City of McAllen and the McAllen Police Officers Union (appellants) appealed a district court order compelling an election to determine the exclusive bargaining agent for the city's police officers. The Thirteenth District Court of Appeals in Texas reversed the trial court's decision. The appellate court held that selection by petition is a proper method for designating a bargaining agent and found no evidence of coercion in the petition's circulation. It further concluded that the appellees, Ricardo Tamez and the McAllen Professional Law Enforcement Association, failed to provide 'substantial support' to warrant an election, thus denying their requests for a declaratory judgment and a writ of mandamus.

Collective BargainingPolice UnionLabor LawElectionPetitionSupervisor InfluenceMajority RepresentationTexas Local Government CodeNational Labor Relations ActAppellate Review
References
26
Case No. 03-21-00120-CV
Regular Panel Decision
Feb 24, 2022

Brian Manley, Chief of Austin Police Department Brian Manley, Individually Commander Mark Spangler, Austin Police Department Lt. Jerry Bauzon, Austin Police Department Officer Benjamin Bloodworth, Austin Police Department Officer Collin Fallon, Austin Police Department Sgt. Eric Kilcollins, Training Coordinator, Austin Police Academy And Officer Shand, Lead Instructor, Stress Reaction Training, Austin Police Academy v. Christopher Wise

Christopher Wise, a former Austin Police Academy cadet, sued Brian Manley (APD Chief) and six other APD officers after sustaining severe injuries, including heat exhaustion and stroke, during a stress reaction training in October 2018. Wise alleged that officers intentionally discouraged cadets from hydrating despite high temperatures and failed to provide timely medical aid. The defendants sought dismissal under the Texas Tort Claims Act's election-of-remedies provisions. The district court dismissed claims against the City of Austin and APD but not against the individual officers. The appellate court reversed the district court's decision, ruling that Wise's claims against the individual officers were based on conduct within the scope of their employment and could have been brought under the TTCA, thus mandating their dismissal.

Texas Tort Claims ActGovernmental ImmunityElection of RemediesScope of EmploymentPolice MisconductCadet InjuryHeat IllnessSupervisor NegligenceAppellate CourtReversal
References
25
Case No. 03-18-00740-CV
Regular Panel Decision
Mar 06, 2020

Gerard Matzen// Marsha McLane, in Her Official Capacity as Director of Texas Civil Commitment Office, and the Texas Civil Commitment Office v. Marsha McLane, in Her Official Capacity as Director of Texas Civil Commitment Office, and the Texas Civil Commitment Office// Cross-Appellee, Gerard Matzen

Gerard Matzen appealed a district court's partial grant of Appellees' plea to the jurisdiction in his civil commitment case under the sexually violent predator (SVP) statute, challenging rulings on his APA, ultra vires, and immunity claims. The Texas Civil Commitment Office (TCCO) and its Director Marsha McLane cross-appealed the denial of their plea regarding Matzen's procedural due process and takings claims. The Court of Appeals affirmed the district court's order, finding Matzen's APA and ultra vires claims invalid and qualified immunity inapplicable. However, the court upheld the district court's denial of the plea concerning Matzen's procedural due process and takings claims, concluding they presented viable constitutional questions requiring further factual development.

Civil commitmentSexually Violent Predator ActPlea to the jurisdictionSovereign immunityUltra vires claimsAdministrative Procedure ActDue processTakings clauseCost recovery feesGovernment agency authority
References
65
Case No. 03-23-00316-CV
Regular Panel Decision
Apr 16, 2025

City of Killeen, Texas and Ground Game Texas v. Bell County, Texas; The 27th Judicial District Attorney's Office; And the Bell County Attorney's Office

The City of Killeen, Texas, and Ground Game Texas appealed the trial court's denial of their pleas to the jurisdiction. The underlying lawsuit, filed by Bell County, the 27th Judicial District Attorney’s Office, and the Bell County Attorney’s Office, challenged the constitutionality and validity of a Killeen ordinance decriminalizing misdemeanor marijuana possession. Appellants argued that the appellees lacked standing and that governmental immunity barred the suit. The appellate court affirmed the trial court's order, concluding that the District Attorney’s Office had standing due to the ordinance's interference with its prosecutorial discretion and duties. It also found that governmental immunity was waived for challenges to an ordinance's validity and for concurrent claims for injunctive relief under the Uniform Declaratory Judgments Act.

Decriminalization OrdinanceMarijuana PossessionPlea to the JurisdictionGovernmental ImmunityStandingProsecutorial DiscretionUniform Declaratory Judgments ActTexas Local Government CodeTexas Health & Safety CodeTexas Code of Criminal Procedure
References
29
Case No. 15-24-00116-CV
Regular Panel Decision
Feb 12, 2025

Arnulfo Cortez, Jr.; Homero R. Balderas, Brian D. Nipper, Mark F. Van Rosendael and Bryan K. Hugghins v. Texas Commission on Law Enforcement; Gregory Stevens in His Capacity as Executive Director of the Texas Commission on Law Enforcement; And John Beauchamp, in His Official Capacity as Counsel for Texas Commission on Law Enforcement; And T.J. Vineyard, in His Official Capacity as Major for the Texas Commission on Law Enforcement

Appellants have neither identified a waiver of the Appellees’ sovereign immunity nor pled a cause of action to confer subject matter jurisdiction on the Court. Sovereign immunity protects state agencies and officers unless there is a clear waiver. Appellants' claims for judicial review under the Administrative Procedure Act (APA) are barred as administrative remedies were not exhausted, and they are not aggrieved by a final contested case decision. Similarly, claims under the Uniform Declaratory Judgments Act (UDJA) fail to waive sovereign immunity and seek impermissible relief challenging an unripe agency order. Appellants' ultra vires claims and mandamus requests are also barred because Appellees acted within their statutory authority in taking disciplinary actions and issuing a warning, and no ministerial duty to grant SOAH hearings for all Appellants exists. Therefore, the trial court properly granted Appellees’ plea to the jurisdiction.

Sovereign ImmunitySubject Matter JurisdictionAdministrative Procedure Act (APA)Uniform Declaratory Judgments Act (UDJA)Ultra Vires ClaimsMandamus ReliefPeace Officer LicensureLaw Enforcement DisciplineTexas Courts of AppealsJudicial Review
References
38
Case No. 03-15-00642-CV
Regular Panel Decision
Nov 09, 2015

Travis County Sheriff's Office Senior Certified Peace Officer Dennis Tumlinson v. Carolyn Barnes

Carolyn Barnes sued Officer Dennis Tumlinson, a Travis County Sheriff’s Office Senior Certified Peace Officer, and other Travis County employees, alleging civil and constitutional rights violations, conspiracy, assault, and perjury. Barnes sought monetary damages, injunctive relief, and a declaratory judgment. The Travis County Defendants, including Tumlinson, filed a motion to dismiss for lack of subject matter jurisdiction. The trial court granted dismissal for most defendants but denied it for Officer Tumlinson. This document is Officer Tumlinson’s appeal, arguing that the trial court erred in denying his motion to dismiss. The appellant asserts that the court lacks jurisdiction and that he is entitled to immunity based on affirmative defenses of official immunity, statute of limitations, and res judicata. The brief details the history of Barnes's arrests and prior lawsuits against various entities and individuals in Travis and Williamson Counties, framing the current case as a malicious prosecution and collateral attack on criminal judgments.

Official ImmunityQualified ImmunitySubject Matter JurisdictionStatute of LimitationsRes JudicataCivil Rights ViolationsConstitutional RightsFalse ArrestMalicious ProsecutionAggravated Perjury
References
132
Case No. 01-07-00401-CV
Regular Panel Decision
Dec 13, 2007

Amtech Elevator Services Company v. CSFB 1998-P1 Buffalo Speedway Office Ltd. Partnership, LNR Partners, Inc. and MRIO, Inc., Moody Rambin Interests Inc.

This case involves an insurance dispute where Amtech Elevator Services Company challenged a summary judgment rendered in favor of CSFB 1998-P1 Buffalo Speedway Office Ltd. Partnership and other entities. Amtech argued the trial court erred by enforcing indemnity provisions in a service contract and by finding that Amtech failed to obtain adequate insurance coverage. The Court of Appeals for the First District of Texas affirmed the trial court's judgment. The court found the indemnity provision conspicuous and ruled that Amtech breached its contractual obligations by obtaining a "fronting" insurance policy that was not adequate to protect CSFB's interests, as it did not provide coverage within the policy limits at no cost to CSFB.

Insurance disputeSummary judgmentIndemnity clauseConspicuousnessContract interpretationCommercial general liability (CGL)Additional insuredFronting policyBreach of contractTexas appellate court
References
14
Case No. MISSING
Regular Panel Decision

Ovadia v. Office of Industrial Board of Appeals

The Court of Appeals remitted *Matter of Ovadia v Office of the Indus. Bd. of Appeals* (19 NY3d 138 [2012]) back to this Court. The determination of the Industrial Board of Appeals, dated December 14, 2009, which had affirmed an order directing petitioners to pay claimants unpaid wages, was unanimously annulled. The matter has been remanded for further proceedings. These proceedings specifically involve determining whether Ovadia made an enforceable promise to pay workers for their continued work following Bruten’s disappearance and whether the workers relied on this promise by continuing to work at the construction site for six days.

AnnulmentRemandUnpaid wagesIndustrial Board of AppealsCommissioner of Department of LaborWorkers' relianceEnforceable promiseCourt of AppealsAppellate reviewLabor Law
References
1
Case No. 13-09-00602-CV
Regular Panel Decision
Feb 03, 2011

State Office of Risk Management v. Maria L. Berdan

The State Office of Risk Management (SORM) appealed a summary judgment and an order granting attorney's fees to Maria L. Berdan in a workers' compensation case. SORM argued the judgment was void due to noncompliance with Texas Labor Code § 410.258, which mandates filing proposed judgments with the workers' compensation division 30 days prior. The appellate court determined that § 410.258 applies only to judgments by agreement or default, not those from adversarial proceedings. Additionally, SORM's motion for new trial and notice of appeal were found to be untimely. Consequently, the court lacked jurisdiction over the appeals of the summary judgment, attorney's fee order, and subsequent post-judgment motions, including an order to enforce attorney's fees, denial of reconsideration/new trial, and motions to stay or enter judgment. The appeal was therefore dismissed for want of jurisdiction.

Workers' CompensationAppellate JurisdictionAppeal DismissalSummary JudgmentAttorney's FeesTexas Labor CodeTimelinessPost-Judgment OrdersStatutory ConstructionVoid Judgment
References
40
Case No. 2015 NY Slip Op 07262
Regular Panel Decision
Oct 07, 2015

Westchester County Correction Superior Officers Ass'n v. County of Westchester

The case involves an action brought by the Westchester County Correction Superior Officers Association and several retired correction officers against the County of Westchester. The plaintiffs sought damages for an alleged breach of a collective bargaining agreement, claiming the county failed to provide benefits equivalent to Workers' Compensation Law for permanent disability. The Supreme Court, Westchester County, initially denied the defendants' motion to dismiss but later granted their motion for summary judgment, dismissing the complaint. The Supreme Court also denied the plaintiffs' cross-motion to amend their complaint. On appeal, the Appellate Division, Second Department, affirmed the Supreme Court's decision, concluding that no provision in the collective bargaining agreement mandated such payments and that the proposed amendment to the complaint lacked merit.

Collective Bargaining AgreementBreach of ContractSummary JudgmentWorkers' Compensation BenefitsLoss of Earning CapacityPermanent DisabilityLeave to Amend ComplaintAppellate ReviewAffirmationJudiciary Law
References
2
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