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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

Risk Management Strategies, Inc. v. Texas Workforce Commission

Risk Management Strategies, Inc. (RMS) challenged the Texas Workforce Commission's (TWC) determination that caregivers for special needs trusts were employees of bank trusts, not RMS, for unemployment tax purposes. RMS pursued judicial review of this decision and filed ultra vires claims against the TWC Commissioners for alleged Texas Labor Code violations. The trial court dismissed the entire case based on sovereign immunity. On appeal, the court affirmed the dismissal of the judicial review claim, ruling that the statutory waiver of immunity applied only to unemployment benefits, not tax disputes. However, it reversed and remanded the dismissal of the ultra vires claims, allowing RMS to amend its petition to properly allege that the Commissioners acted without legal authority.

Unemployment TaxSovereign ImmunityJudicial ReviewUltra Vires ClaimTexas Labor CodeEmployer DefinitionIndependent ContractorCaregiversSpecial Needs TrustsTax Liability

References

Case No. 03-13-00560-CV

Regular Panel Decision

May 22, 2015

Risk Management Strategies, Inc. v. Texas Workforce Commission Commissioner Andres Alcantar Commissioner Ronald G. Congleton And Commissioner Hope Andrade

Risk Management Strategies, Inc. (RMS) appealed a trial court's dismissal of its suit against the Texas Workforce Commission (TWC) and its commissioners regarding a determination that caregivers were employees of bank trusts, not RMS, for unemployment tax purposes. RMS sought judicial review of the TWC's decision and alleged ultra vires acts by the commissioners for misinterpreting the Texas Labor Code. The appellate court affirmed the dismissal of the judicial review claim, ruling that the statutory waiver of immunity applied only to unemployment benefits disputes, not tax liability. However, the court reversed and remanded the ultra vires claims, finding that while the commissioners were not solely bound by a 'control test,' RMS should have an opportunity to amend pleadings to demonstrate a specific statutory violation or lack of legal authority. The case was affirmed in part and reversed and remanded in part, allowing RMS to re-plead the ultra vires claims.

Unemployment Tax LiabilitySovereign ImmunityJudicial ReviewUltra Vires ClaimTexas Labor CodeEmployer-Employee RelationshipCaregiversBank TrustsStatutory ConstructionAppellate Procedure

References

Case No. MISSING

Regular Panel Decision

Rowe v. Board of Education

Plaintiff sued Chatham Central School District Middle School for negligence after sustaining injuries from a fall in the school cafeteria, allegedly due to accumulated mud, water, and a lack of rain mats. The defendant School District subsequently impleaded the Chatham Central Teachers’ Association, claiming the Association was in control of the cafeteria and responsible for the plaintiff's injuries. Following a trial, the jury rendered a verdict of no cause for action in favor of both the School District and the Association. However, Special Term set aside this verdict and granted a new trial, based on evidence suggesting an accumulation of mud and water and the defendant's failure to provide janitorial services. On appeal, the Appellate Division reversed Special Term's order, reinstating the original jury verdict, concluding that the jury's finding was not against the weight of the evidence given the conflicting testimony presented at trial.

NegligencePremises LiabilitySlip and FallJury VerdictWeight of EvidenceAppellate ReviewNew Trial Order ReversedSchool CafeteriaChatham Central School DistrictColumbia County

References

Case No. 14-09-00319-CR

Regular Panel Decision

Aug 31, 2010

Jose Armando DeLeon v. State

This dissenting opinion addresses claims of ineffective assistance of counsel during the punishment phase of trial. The dissenting Justice disagrees with the majority's conclusion that defense counsel rendered ineffective assistance by calling a probation officer, Charles Russ, as a witness and by failing to object to his testimony regarding the rehabilitation of sexual offenders. The dissent argues that calling a probation officer was a sound trial strategy to present evidence of probation conditions and that counsel strategically used Russ's testimony to advocate for probation. Furthermore, the dissent finds no prejudice, arguing that other evidence, such as the willingness of appellant's friends and family to allow him access to young girls, would have led to the same outcome. The opinion also addresses the admission of evidence regarding the appellant's national origin and legal residency, concluding it was not per se inadmissible or prejudicial and could have been part of a valid trial strategy.

Ineffective Assistance of CounselDissenting OpinionPunishment PhaseProbation Officer TestimonySexual Offenders RehabilitationTrial StrategyPrejudice AnalysisCriminal AppealsTexas Court of AppealsStrickland Test

References

Case No. MISSING

Regular Panel Decision

Snyder Communications v. Magana

The appellees sued their former employer, Snyder Communications, L.P., for breach of contract and fraud, alleging a failure to pay commissions and bonuses as per employment contracts. The trial court certified the case as a class action, and Snyder appealed the certification order and adopted trial plan. The appellate court affirmed the trial court's decision, finding no abuse of discretion in either the certification or the trial plan. The court concluded that common issues predominated, the class action was a superior method for resolution, and the class representatives and counsel were adequate. The appellate court also addressed Snyder's arguments regarding the evidence considered by the trial court and the trial plan's ability to address defenses.

Class Action CertificationEmployment Contract DisputesBreach of ContractCommon Law FraudInterlocutory AppealsAppellate Review StandardsAbuse of Discretion StandardClass Action CommonalityClass Action PredominanceAdequacy of Class Representation

References

Case No. MISSING

Regular Panel Decision

Deblo, Inc. v. State

This case is an appeal from a trial court order granting a temporary injunction against appellants for maintaining a public nuisance at 166 West Mount Houston, Harris County, Texas. The trial court found appellants were using the property for prostitution and ordered it closed or a $5,000 bond posted. Appellants argued that padlocking premises is only permissible after a trial on the merits, not a temporary order. The appellate court affirmed the trial court's decision, finding no abuse of discretion. The court highlighted that an alternative (posting a bond) was offered and the injunction only prevented illegal use, not legitimate use of the property. Additionally, the court found sufficient evidence to support the trial court's findings of fact regarding the property being used for prostitution.

Nuisance AbatementTemporary InjunctionPublic NuisanceProstitutionAbuse of DiscretionAppellate ReviewTrial Court OrderPadlocking OrderBond RequirementFactual Sufficiency

References

Case No. 2025 NY Slip Op 05688

Regular Panel Decision

Oct 15, 2025

Matter of Sahara Constr. Corp. v. New York City Off. of Admin. Trials & Hearings

Sahara Construction Corp. challenged a determination by the New York City Office of Administrative Trials and Hearings (OATH) that upheld civil penalties and a restitution order for violations related to a home improvement project. The Appellate Division, Second Department, reviewed the CPLR article 78 proceeding. The court confirmed OATH's determination, finding that the imposed civil penalties of $5,000 and restitution of $230,266.63 were not disproportionate and fell within statutory guidelines. The Court also affirmed the denial of the petitioner's motions to dismiss and compel discovery, concluding they were not arbitrary and capricious. Consequently, the petition was denied, and the proceeding dismissed on the merits.

Home Improvement ContractorsCivil PenaltiesRestitution AwardAdministrative Code ViolationsCPLR Article 78Judicial ReviewAppellate ReviewAbuse of DiscretionSense of FairnessAdministrative Summons

References

Case No. 05-19-00044-CV

Regular Panel Decision

Jul 01, 2019

in the Interest of C.P., a Child

M.P. appealed the termination of her parental rights to C.P., arguing that the trial court erred by denying her motion for new trial because she did not receive adequate notice of the trial date, violating her due process rights. The Court of Appeals addressed whether M.P. had actual or constructive notice of the December 3, 2018 trial. Despite M.P.'s claims, the court found substantial evidence that she had both actual and constructive notice through various communications and court orders, even electing not to attend the trial as part of a strategy. Consequently, the appellate court affirmed the trial court's judgment, concluding there was no abuse of discretion in denying the motion for new trial by operation of law.

Parental Rights TerminationDue Process ViolationActual NoticeConstructive NoticeMotion for New TrialAbuse of DiscretionTexas Family LawAppellate ReviewJudicial DiscretionIncarceration Strategy

References

Case No. 14-11-00204-CR

Regular Panel Decision

May 08, 2012

Larry Darnell West v. State

Larry Darnell West appealed his sexual assault conviction, alleging ineffective assistance of counsel and trial court errors. West claimed the trial court erred by excluding evidence of a civil lawsuit filed by the complainant, admitting testimony from a rebuttal witness, and overruling objections to the prosecutor's "sexual predator" characterization. The appellate court found no abuse of discretion in the trial court's rulings on evidence or jury argument, and determined that West failed to prove ineffective assistance of counsel, as the trial counsel's actions were considered sound trial strategy or lacked a showing of prejudice. The court affirmed the trial court's judgment.

Ineffective Assistance of CounselSexual AssaultExclusion of EvidenceRebuttal WitnessJury ArgumentPrior ConvictionsAppellate ProcedureTrial StrategyAbuse of DiscretionCriminal Law

References

Case No. 98-03885

Regular Panel Decision

Authorlee v. Tuboscope Vetco International, Inc.

The appellants, who were settling plaintiffs in a mass tort silicosis case, sought to overturn the trial court's denial of their motion for new trial. They argued that their agreed judgment was void due to an undisclosed aggregate settlement and alleged fraud by their trial lawyers and the appellees. The appellate court affirmed the trial court's decision, finding no abuse of discretion. The court concluded that there was no actual fraud by the appellees as the appellants admitted a lack of reliance. Additionally, the court found no conspiracy to commit fraud in the litigation context. Finally, the court determined that the settlements were not aggregate settlements due to individual negotiations and offers, thus upholding the validity of the agreed judgment.

Aggregate SettlementFraud AllegationsMotion for New TrialAppellate ReviewProfessional MisconductMass Tort LitigationSilicosis ClaimsSettlement AgreementsConspiracyReliance

References

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Updated Daily

Case Law Database

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

Case No. MISSING

Regular Panel Decision

Risk Management Strategies, Inc. v. Texas Workforce Commission

Unemployment TaxSovereign ImmunityJudicial ReviewUltra Vires ClaimTexas Labor CodeEmployer DefinitionIndependent ContractorCaregiversSpecial Needs TrustsTax Liability

References

Case No. 03-13-00560-CV

Regular Panel Decision

May 22, 2015

Risk Management Strategies, Inc. v. Texas Workforce Commission Commissioner Andres Alcantar Commissioner Ronald G. Congleton And Commissioner Hope Andrade

Unemployment Tax LiabilitySovereign ImmunityJudicial ReviewUltra Vires ClaimTexas Labor CodeEmployer-Employee RelationshipCaregiversBank TrustsStatutory ConstructionAppellate Procedure

References

Case No. MISSING

Regular Panel Decision

Rowe v. Board of Education

NegligencePremises LiabilitySlip and FallJury VerdictWeight of EvidenceAppellate ReviewNew Trial Order ReversedSchool CafeteriaChatham Central School DistrictColumbia County

References

Case No. 14-09-00319-CR

Regular Panel Decision

Aug 31, 2010

Jose Armando DeLeon v. State

References

Case No. MISSING

Regular Panel Decision

Snyder Communications v. Magana

References

Case No. MISSING

Regular Panel Decision

Deblo, Inc. v. State

Nuisance AbatementTemporary InjunctionPublic NuisanceProstitutionAbuse of DiscretionAppellate ReviewTrial Court OrderPadlocking OrderBond RequirementFactual Sufficiency

References

Case No. 2025 NY Slip Op 05688

Regular Panel Decision

Oct 15, 2025

Matter of Sahara Constr. Corp. v. New York City Off. of Admin. Trials & Hearings

Home Improvement ContractorsCivil PenaltiesRestitution AwardAdministrative Code ViolationsCPLR Article 78Judicial ReviewAppellate ReviewAbuse of DiscretionSense of FairnessAdministrative Summons

References

Case No. 05-19-00044-CV

Regular Panel Decision

Jul 01, 2019

in the Interest of C.P., a Child

Parental Rights TerminationDue Process ViolationActual NoticeConstructive NoticeMotion for New TrialAbuse of DiscretionTexas Family LawAppellate ReviewJudicial DiscretionIncarceration Strategy

References

Case No. 14-11-00204-CR

Regular Panel Decision

May 08, 2012

Larry Darnell West v. State

Ineffective Assistance of CounselSexual AssaultExclusion of EvidenceRebuttal WitnessJury ArgumentPrior ConvictionsAppellate ProcedureTrial StrategyAbuse of DiscretionCriminal Law

References

Case No. 98-03885

Regular Panel Decision

Authorlee v. Tuboscope Vetco International, Inc.

Aggregate SettlementFraud AllegationsMotion for New TrialAppellate ReviewProfessional MisconductMass Tort LitigationSilicosis ClaimsSettlement AgreementsConspiracyReliance

References

Showing 1-10 of 14,333 results

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