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

Case No. 04-14-00657-CV
Regular Panel Decision
Jan 14, 2015

Richard Leshin, Successor Trustee of the Davila Family Trust, Trust A v. Juan Gerardo Oliva, Rosina Oliva, Individually and as Successor Trustee of the Davila Family Trusts B, C, and D, and Alma Guadalupe Davila

A party who seeks to vacate an arbitration award bears the burden in the trial court of bringing forth a complete record that establishes its basis for vacating the award. Leshin has completely failed to carry his burden because he has come forth only with a partial record. Leshin has not brought forth a record showing that he was not brought into arbitration in a manner that would render him individually liable. For this reason alone, the trial court was correct in confirming the arbitrator’s award. In any case, the matters in the record clearly establish that the arbitrator was well within his power to determine that Leshin was individually liable for his wrongful acts. The AAA Commercial Rules of Arbitration, which apply to this matter, provide that the arbitrator had the power to rule on his own jurisdiction, 'including any objections with respect to the . . . scope . . . of the arbitration agreement or to the arbitrability of any claim or counterclaim.' Finally, the Texas Trust Code is clear that a trustee is always individually liable for his wrongful acts committed as trustee, so it was not necessary to sue Leshin in any particular capacity.

ArbitrationTrustee LiabilityTrust DisputeArbitration AwardAppellate ReviewJurisdictionArbitrabilityTexas LawCommercial Arbitration RulesDavila Family Trust
References
26
Case No. 02-20-00224-CV
Regular Panel Decision
Oct 14, 2021

Regina Nachael Howell Foster v. Ocwen Loan Servicing, LLC and Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital 1 Inc. Trust 2005-HE1, Mortgage Pass-Through Certificates, Series 2005-HE 1

Regina Nachael Howell Foster used her property as collateral for her husband's mortgage refinance loan. After her husband defaulted, she sued Ocwen Loan Servicing, LLC and Deutsche Bank National Trust Company to invalidate the deed-of-trust lien and stop foreclosure. Her initial suit was unsuccessful. Following a foreclosure sale, Foster initiated a second lawsuit, challenging the foreclosure procedures and reasserting the invalidity of the deed-of-trust lien. The trial court granted summary judgment in favor of the defendants. On appeal, Foster challenged this summary judgment, primarily arguing that she did not receive the required notice of default under the Texas Property Code and that the lien was invalid under the Texas Constitution. The Court of Appeals affirmed the trial court's judgment, concluding that Foster's contentions regarding lien invalidity were without merit and that she was not entitled to notice of default.

MortgageForeclosureDeed of TrustHomesteadSummary JudgmentAppellate ReviewTexas ConstitutionProperty CodeNotice of DefaultLien Invalidity
References
45
Case No. 08-18-00074-CV
Regular Panel Decision
Aug 28, 2019

in the Matter of Troy S. Poe Trust

This case concerns a dispute between two trustees, Anthony Bock and Richard C. Poe II, of the Troy S. Poe Trust, which was established for Troy Poe, a disabled beneficiary. The trust document required unanimous decisions from its trustees. Following the settlor Dick Poe's death, trustee Anthony Bock petitioned the probate court to modify the trust to include a third trustee and allow for majority decisions, citing irreconcilable differences and litigation between the two existing trustees. The probate court granted the modifications after a bench trial, finding changed circumstances made the trust's purposes impossible to fulfill. Richard C. Poe II, the other trustee, appealed this judgment, arguing that he was improperly denied a jury trial. The appellate court agreed that the fundamental questions regarding the necessity of trust modification due to changed circumstances or impossibility of fulfillment were factual issues that should have been decided by a jury. Consequently, the appellate court set aside the probate court's order and remanded the case for a new trial.

Trust ModificationTrustee DisputeJury TrialProbate CourtEquitable ReliefTexas Property CodeEstates CodeDue ProcessHarmless ErrorSpendthrift Trust
References
34
Case No. E2015-00941-COA-R9-CV
Regular Panel Decision

Wade Harvey, Ex Rel. Alexis Breanna Gladden v. Cumberland Trust And Investment Company

This interlocutory appeal addresses whether a trustee's signature on an investment/brokerage account agreement, containing a predispute arbitration provision, binds the trust beneficiary. The Tennessee Supreme Court held that the Tennessee Uniform Trust Code grants trustees broad authority to enter such agreements, provided the trust instrument does not prohibit it. The Court found the Trust Instrument in this case authorized the Trustee to execute the client agreement, including the arbitration provision. However, it clarified that a nonsignatory third-party beneficiary is only bound to arbitration for claims that seek to enforce the contract. The Court reversed the Court of Appeals' decision and vacated the trial court's order compelling arbitration of all claims, remanding the case for a determination of which claims, if any, asserted by the trust beneficiary seek to enforce the Client Agreement.

Trust LawArbitration AgreementTrustee AuthorityBeneficiary RightsPredispute ArbitrationContract LawFiduciary DutyUniform Trust CodeFederal Arbitration ActInterlocutory Appeal
References
104
Case No. MISSING
Regular Panel Decision

Metal Goods & Manufacturers Insurance Trust Fund v. Advent Tool & Mold, Inc.

The Metal Goods and Manufacturers Insurance Trust Fund, a New York workers’ compensation self-insurance trust, moved for summary judgment to compel former and inactive members to pay a $2 million assessment. This assessment was levied to cover a regulatory deficit after the Trust Fund was deemed 'underfunded' by the Workers’ Compensation Board. The defendants, who were former employers, argued that the Trust Agreement did not permit retroactive assessments on inactive members. The court denied the plaintiff's motion for summary judgment, agreeing that the Trust Agreement only authorized prospective 'rate increases' for current employers. Furthermore, the court held that statutory provisions for joint and several liability only apply in instances of trust default, dissolution, or insolvency, which was not the case here. Consequently, the court granted the defendants' cross-motions for summary judgment and dismissed the plaintiff's complaint.

Workers' CompensationSelf-Insurance Trust FundRetroactive AssessmentSummary JudgmentTrust Agreement InterpretationFormer Members LiabilityUnderfunded TrustJoint and Several LiabilityStatutory InterpretationNYCRR Regulations
References
23
Case No. 07-13-00241-CV
Regular Panel Decision
Mar 03, 2015

South Plains Lamesa Railroad, Ltd. and Larry Dale Wisener v. Kitten Family Living Trust

This case involves an appeal by South Plains Lamesa Railroad, Ltd. and Larry Dale Wisener (SPLR) against Kitten Family Living Trust (the Trust) in a property dispute. The appeal stems from a jury trial that favored the Trust, with SPLR raising issues including insufficient evidence, scope of rights, and the trial court's failure to submit affirmative defenses. Critically, SPLR also alleged that the Trust failed to disclose a 2009 survey showing wells and pipelines outside the agreed easement. The Court of Appeals found the issue of newly discovered evidence regarding the undisclosed survey to be dispositive, concluding that the Trust's failure to produce the survey demonstrated a lack of due diligence. This evidence, which could change the jury's verdict on the trespass claim, led the appellate court to reverse the trial court's judgment and remand the case for a new trial.

Property disputeEasementTrespassNewly discovered evidenceDue diligenceDiscovery abuseJury trialAppellate reviewReversalRemand
References
14
Case No. 07-09-0343-CV
Regular Panel Decision
Sep 06, 2011

South Plains Lamesa Railroad, Ltd., and Larry Dale Wisener v. the Kitten Family Living Trust

This case involves an appeal concerning a contract dispute over water well operations on property owned by South Plains Lamesa Railroad, Ltd. (SPLR). The Kitten Family Living Trust (the Trust) had entered into both a Lease Agreement and a subsequent Easement Agreement with SPLR for drilling water wells. A dispute arose regarding the number of wells the Trust was permitted to operate and the duration of its rights, leading to the Trust suing SPLR for interference. The trial court ruled in favor of the Trust, granting a perpetual easement and attorneys' fees. On appeal, SPLR argued that the trial court erred in its jury instructions, specifically claiming that a broad-form question was defective for failing to incorporate legal theories and their elements. The appellate court agreed, finding the instruction improper and confusing, and also noted errors in not submitting instructions on an alleged oral agreement and conversion. Consequently, the appellate court reversed the trial court's judgment and remanded the case for a new trial due to these instructional errors.

Contract DisputeLease AgreementEasement AgreementWater RightsJury InstructionsAppellate ProcedureReversal and RemandOral ContractConversion ClaimStatute of Frauds
References
36
Case No. 2024 NY Slip Op 24324 [86 Misc 3d 365]
Regular Panel Decision
Dec 23, 2024

Matter of Kosmo Family Trust

This case concerns the Kosmo Family Trust, where petitioners, including decedent Janet D. Kosmo's children and grandchildren, challenged the validity of trust amendments on grounds of undue influence by respondent Donna Savino. The court found that a confidential relationship existed between the decedent and respondent, characterized by the decedent's vulnerability and respondent's active involvement in the trust's modifications. The respondent, initially a healthcare worker for decedent's disabled daughter, became the primary beneficiary, receiving almost the entire estate. Ultimately, the Surrogate's Court, Albany County, voided the second and third amendments, reinstating the first amendment's beneficiaries.

Trust ValidityUndue InfluenceConfidential RelationshipEstate DisputeTestamentary CapacitySurrogate's CourtCalifornia Probate LawNew York Evidence LawDead Man's StatuteHearsay
References
82
Case No. 900983-2015
Regular Panel Decision
Mar 16, 2016

Building Exterior Servs. Trust of N.Y. v. A.W. Farrell & Son, Inc.

Plaintiff Building Exterior Services Trust of New York (BEST), a group self-insurance trust, initiated an action against former members, including A.W. Farrell & Son, Inc., for unpaid monetary assessments levied in 2013 and 2014 to address a shortfall. Defendant A.W. Farrell & Son, Inc. moved to dismiss the complaint and a cross-claim, arguing that it ceased membership in 1994, was not bound by the 2000 Trust Documents, and that assessments could only be levied against current members, with any authority expiring in 2003. The Supreme Court, Albany County, denied the motion to dismiss, finding that the Trust Documents, specifically Section 4.8 of the Indemnity Agreement and Section 10.4 of the Declaration of Trust, could authorize assessments against former members for periods of participation. The court also rejected the statute-of-limitations defense, concluding that the breach-of-contract claim accrued when the defendant refused to pay the assessments.

Workers' Compensation LawGroup Self-Insurance TrustUnpaid AssessmentsMotion to DismissStatute of LimitationsBreach of ContractDeclaration of TrustIndemnity AgreementFormer MembersTrust Solvency
References
17
Case No. 2017 NY Slip Op 27428
Regular Panel Decision
Dec 14, 2017

New York State Workers' Compensation Bd. v. Compensation Risk Mgrs., LLC

This action was brought by the New York State Workers' Compensation Board (WCB), as an assignee of former members of the Healthcare Industry Trust of New York (HITNY), against Compensation Risk Managers, LLC (CRM), HITNY trustees, and auditing firm UHY LLP. The WCB alleged mismanagement, breach of fiduciary duty, and negligent auditing, leading to the Trust's insolvency. Defendants moved to dismiss on grounds of standing, statute of limitations, and pleading particularity. The court dismissed certain derivative claims and negligent misrepresentation claims against some trustees due to standing issues and statute of limitations. All claims against UHY LLP were dismissed for lack of a near-privity relationship or prior precedent. An implied indemnity claim against the trustees was sustained. The WCB's cross-motion to consolidate related actions was denied.

Workers' Compensation LawGroup Self-Insured Trust (GSIT)Fiduciary DutyNegligenceNegligent MisrepresentationStatute of LimitationsStandingDerivative ActionImplied IndemnityAuditing Firm Liability
References
46
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