CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. W1999-01971-COA-R3-CV
Regular Panel Decision
May 29, 2001

Teddy Tedder/Maurice Tedder v. Union Planters

Plaintiff Terry Tedder, a temporary employee assigned to Union Planters Bank by Norrell Services, Inc., sustained injuries after falling in the bank's parking lot while reporting to work. Subsequently, Tedder and her husband, Maurice Tedder, filed a negligence lawsuit against Union Planters. The trial court granted summary judgment to the bank, determining that Terry Tedder was a co-employee under the loaned servant doctrine, thereby limiting her remedy to workers' compensation. On appeal, the Court of Appeals of Tennessee affirmed the trial court's decision, concluding that Tedder was indeed a co-employee of Union Planters, and her exclusive legal recourse was through workers' compensation statutes.

loaned servant doctrineworkers' compensationnegligence lawsuitsummary judgmentco-employeetemporary employment agencypremises liabilityemployer liabilityappellate reviewTennessee law
References
4
Case No. MISSING
Regular Panel Decision

Union National Bank of Little Rock v. Moriarty

Appellants Union National Bank of Little Rock and Aetna Casualty & Surety Company appealed a judgment holding them liable for failing to provide appropriate fire insurance to Judy Moriarty. Moriarty's policy required residency, but she had moved, leading to a claim denial after a fire. The jury found Union Bank negligent as Aetna's agent, but the appellate court reversed this finding due to insufficient evidence. However, the court affirmed the judgment against Aetna, applying estoppel because Aetna, through its agent, had knowledge of Moriarty's change of residence and continued accepting premiums, thus waiving the residency requirement. Moriarty's cross-appeal for attorney’s fees was granted, modifying the judgment against Aetna.

Insurance lawEstoppelWaiverAgencyNegligenceFire insuranceProperty damageAttorney's feesAppellate reviewTexas law
References
24
Case No. 02-14-00304-CV
Regular Panel Decision
Jul 02, 2015

Barry Nussbaum v. Builders Bank, an Illinois Banking Corporation

This appeal arises from competing summary-judgment motions in a bill-of-review proceeding, focusing on whether a defendant's failure to update a contractually-agreed-to address for service of process constitutes fault or negligence precluding bill-of-review relief. Appellant Barry Nussbaum had guaranteed a loan from Appellee Builders Bank. When the borrower defaulted, Builders Bank sued Nussbaum for breach of the guaranty, obtaining a default judgment when Nussbaum failed to answer. Nussbaum filed a bill-of-review challenging the default judgment, claiming improper service. Builders Bank filed a cross-motion, arguing Nussbaum's own fault contributed to the default. The trial court denied Nussbaum's motion, granted Builders Bank's, and dismissed the bill-of-review. The appellate court affirmed the trial court's judgment, concluding that Nussbaum's failure to update his address, as required by the guaranty, constituted fault or negligence, thereby precluding him from obtaining bill-of-review relief.

Bill of ReviewDefault JudgmentService of ProcessContractual WaiverDue ProcessSummary Judgment ReviewGuaranty AgreementFault and NegligenceAppellate CourtTexas Law
References
40
Case No. 13-14-00644-CV
Regular Panel Decision

Laredo National Bank D/B/A as BBVA Compass Bank v. Myrna Elizabeth De Luna Morales

This case involves an interlocutory appeal of a district court's order denying a motion to dissolve a temporary injunction. The temporary injunction was issued to prevent Appellant Laredo National Bank d/b/a BBVA Compass Bank from proceeding with a forcible detainer action against Appellee Myrna Elizabeth de Luna Morales. Morales initiated the original lawsuit, alleging an illegal foreclosure sale of her property due to the bank's lack of authority, failure to provide proper notice, and denial of her right to cure the default. The district court consistently sided with Morales, denying the bank's motions to dismiss, for summary judgment, and to dissolve the temporary injunction. Morales argues that the justice court lacks jurisdiction over the forcible detainer action due to complex title disputes and that the potential loss of her home constitutes irreparable harm.

Interlocutory AppealTemporary InjunctionForeclosureForcible DetainerJustice Court JurisdictionTitle DisputeIrreparable InjuryAbuse of DiscretionMootness DoctrineAdvisory Opinion
References
45
Case No. No. 08-13-00252-CV
Regular Panel Decision
Jan 16, 2015

Bank of New York F/K/A the Bank of New York as Trustee for the Certificateholders of the CWABS Inc. Asset Back Certificates, Series 2005-9 v. Chesapeake 34771 Land Trust

The Trust (Appellee) sued the Bank (Appellant), a financial institution, to quiet title to a house after a foreclosure sale. The Trust alleged title irregularities and sought to set aside the Bank's deed, leading to a no-answer default judgment against the Bank. On appeal, the Bank argued improper service of process. The Court of Appeals agreed, finding that service did not strictly comply with Section 17.028 of the Texas Civil Practice and Remedies Code, which mandates specific procedures for serving financial institutions. The court clarified that the term 'may' in the statute indicates a mandatory procedure to protect financial institutions from default judgments. Therefore, the appellate court reversed the trial court's judgment and remanded the cause for further proceedings.

Default JudgmentService of ProcessFinancial InstitutionsTexas Civil Practice and Remedies CodeRestricted AppealQuiet TitleForeclosureStatutory InterpretationSecretary of StateRegistered Agent
References
13
Case No. MISSING
Regular Panel Decision
Jan 15, 1991

Chase Lincoln First Bank v. New York State Electric & Gas Corp.

This case involves an appeal concerning the priority of claims to funds owed by New York State Electric & Gas Corporation (NYSEG) to Anderson Tree Company, Inc. Chase Lincoln First Bank, N.A. held a perfected security interest in Anderson Tree's accounts. The International Brotherhood of Electrical Workers Local Union No. 1249 Pension Fund, et al. (the Brotherhood) also claimed entitlement to these funds due to Anderson Tree's obligation for fringe benefit contributions under a collective bargaining agreement. The Supreme Court granted summary judgment to Chase Lincoln, determining its security interest took priority because Anderson Tree's work for NYSEG did not constitute an "improvement of real property" under Lien Law § 70, thus no statutory trust was established for the Brotherhood. The appellate court affirmed this decision, concluding that the vegetation maintenance performed by Anderson Tree was not a permanent improvement and therefore did not trigger the Lien Law's trust provisions.

Lien LawSecurity InterestSummary JudgmentAppellate ReviewReal Property ImprovementStatutory TrustFringe BenefitsCollective Bargaining AgreementPriority of ClaimsVegetation Management
References
6
Case No. MISSING
Regular Panel Decision

International Union of Electrical, Radio & Machine Workers, Local Union No. 782 v. Texas Employment Commission

This case concerns an appeal by the International Union of Electrical, Radio and Machine Workers, Local Union No. 782, AFI-CIO, and 99 individuals challenging a Texas Employment Commission (TEC) decision that denied unemployment compensation benefits. The dispute arose from a General Electric Company plant shutdown in 1957. The appellate court addressed jurisdictional issues related to the aggregate claims amount and venue for non-resident claimants. It affirmed the trial court's dismissal of the union as a party plaintiff, but reversed decisions regarding claimants deemed voluntarily unemployed or not totally unemployed who did not receive immediate vacation pay. The court affirmed the denial of benefits for 11 claimants who received vacation pay prior to the shutdown.

Unemployment CompensationJurisdictionVenueClass Action SuitVoluntary UnemploymentTotal UnemploymentVacation PayCollective Bargaining AgreementStatutory InterpretationJudicial Review
References
12
Case No. MISSING
Regular Panel Decision

Jordache Enterprise, Inc. v. Global Union Bank

Jordache, a blue jeans marketer, sued Global Union, a bank, for trademark infringement and breach of contract. Global Union became the owner of a seized shipment of counterfeit Jordache jeans and agreed with Jordache to remove the labels and re-export them to Hungary, providing a $100,000 indemnification for any breach. However, a significant portion of the jeans went missing from storage and were discovered for sale in the US. The court found Global Union liable for breach of contract and awarded Jordache $35,000 in damages, proportionally applying the indemnification clause for the 35% of the shipment that was lost. The judge noted that this amount was also a reasonable estimate of damages given the difficulty in proving the exact losses from the counterfeit sales.

Trademark InfringementLanham ActBreach of ContractFalse Designation of OriginUnfair CompetitionIndemnification AgreementLiquidated DamagesCounterfeit MerchandiseSeizure of GoodsExport Agreement
References
17
Case No. MISSING
Regular Panel Decision

International Union of Operating Engineers Local Union No. 17 v. Swank Associated Co.

The International Union of Operating Engineers, Local Union No. 17, initiated an action to compel arbitration against Swank Associated Company, Inc., following a labor grievance. Swank removed the case to federal court and filed a third-party action against Local 210, arguing the matter constituted a jurisdictional dispute not subject to arbitration. The court, presided over by Magistrate Judge Schroeder, examined the collective bargaining agreement to determine the arbitrability of the dispute. It concluded that while an arbitrator could determine if the issue was a jurisdictional dispute, they could not resolve it on the merits if it was found to be jurisdictional. Consequently, the plaintiff's motion for judgment on the pleadings was denied, and the grievance was directed to arbitration solely to ascertain whether it constituted a jurisdictional dispute under the agreement.

Labor LawArbitration AgreementJurisdictional DisputesCollective BargainingLabor Management Relations ActFederal CourtPleadings MotionContract InterpretationArbitrabilityUnion Rights
References
6
Case No. MISSING
Regular Panel Decision

International Union of Operating Engineers, Local 17 v. Union Concrete & Construction Corp.

Plaintiff International Union of Operating Engineers, Local 17, AFL-CIO ("Local 17") filed a grievance against Union Concrete and Construction Corporation ("UCC") to compel arbitration regarding UCC's emergency snow removal work for Erie County in November 2014, alleging violations of their Collective Bargaining Agreement (CBA). UCC argued the work was not covered by the CBA's "Heavy and/or Highway Construction" definition, rendering the arbitration clause inapplicable. Magistrate Judge Jeremiah J. McCarthy issued a Report and Recommendation to grant UCC's motion for summary judgment and deny Local 17's. United States District Judge Richard J. Arcara conducted a de novo review and adopted the Magistrate Judge's findings in their entirety, concluding that the emergency snow removal work did not constitute "Heavy and/or Highway Construction" under the CBA. Consequently, Local 17’s motion for summary judgment to compel arbitration was denied, and UCC’s motion for summary judgment was granted, leading to the closure of the case.

Labor Management Relations ActCollective Bargaining AgreementArbitrabilitySummary JudgmentContract InterpretationEmergency Snow RemovalHeavy ConstructionHighway ConstructionScope of Arbitration ClauseDe Novo Review
References
26
Showing 1-10 of 2,643 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational