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Case Law Database

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

Case No. W2000-02953-COA-R3-CV

Regular Panel Decision

Apr 10, 2002

Shirley Schulze, A/K/A Shirley Schulze Vires v. Jere Steven

Shirley Schulze filed a claim against the estate of Sam Vires, seeking compensation for personal caregiving services rendered to the decedent. Despite a long-term romantic relationship and cohabitation, Shirley and Sam were never legally married, and Sam's will did not include Shirley as a beneficiary. The trial court denied her claim, ruling that her services were rendered gratuitously and lacked an express or implied agreement for payment. The Court of Appeals affirmed the decision, concluding that vague expressions of intent to 'take care of' Shirley did not constitute a contract for services. The court emphasized that recovery cannot be based solely on the expectation of an inheritance without a valid contract.

Estate LawContract LawImplied ContractGratuitous ServicesCaregiver CompensationTestamentary ProvisionWill ContestProbate LawCohabitationQuasi-Contract

References

Case No. No. 08-22-00029-CV (TC# 2021DCV1132)

Regular Panel Decision

Mar 27, 2023

Ricardo A. Samaniego, in His Official Capacity as County Judge, Carlos Leon, in His Official Capacity as County Commissioner, David Stout, in His Official Capacity as County Commissioner, Illiana Holguin, in Her Official Capacity as County Commissioner, Carl L. Robinson, in His Official Capacity as County Commissioner v. Associated General Contractors of Texas, Highway, Heavy, Utilities & Industrial Branch and a Brothers Milling, LLC

The El Paso County Commissioners Court, including County Judge Ricardo A. Samaniego and Commissioners, appealed the denial of their plea to the jurisdiction. They were sued by Associated General Contractors of Texas and A Brothers Milling, LLC, who alleged the Commissioners Court acted ultra vires in setting prevailing wage rates for heavy-highway construction projects in El Paso County. The Appellants argued governmental immunity shielded them and that their wage determinations were final. The appellate court affirmed the trial court's denial, concluding that the Appellees had sufficiently pleaded an ultra vires claim, which falls within the trial court's subject-matter jurisdiction. The court clarified that ultra vires acts by public officials are not considered acts of the state and therefore are not subject to the finality clause.

Governmental ImmunityUltra Vires ActPrevailing Wage RatePublic WorksSubject Matter JurisdictionInterlocutory AppealPlea to the JurisdictionTexas Government CodeStatutory InterpretationEl Paso County

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. 03-21-00571-CV

Regular Panel Decision

Sep 28, 2023

Texas Department of State Health Services, and Dr. Jennifer A. Shuford, in Her Official Capacity as Commissioner of the Texas Department of State Health Services v. Sky Marketing Corp., D/B/A Hometown Hero Create a Cig Temple, LLC Darrell Surif And David Walden

The Texas Department of State Health Services (DSHS) and its Commissioner appealed a trial court's denial of their plea to the jurisdiction and the granting of a temporary injunction. The injunction prevented DSHS from enforcing amendments to controlled substance definitions and a website rule concerning Delta-8 THC. Appellees argued the Commissioner acted beyond her authority (ultra vires) and violated the Texas Administrative Procedure Act by failing to follow proper procedures for schedule modifications. The Court of Appeals affirmed the trial court's decision, concluding that appellees had standing and presented valid ultra vires and APA claims. The appellate court also upheld the temporary injunction, citing the appellees' probable right to relief and the likelihood of imminent and irreparable harm.

Hemp legalizationDelta-8 THCControlled Substances Act (TCSA)Administrative Procedure Act (APA)Ultra ViresTemporary InjunctionSovereign ImmunityPlea to the JurisdictionTexas Department of State Health Services (DSHS)Cannabis regulation

References

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. 03-21-00294-CV

Regular Panel Decision

Jun 30, 2022

Texas Telephone Association and Texas Statewide Telephone Cooperative, Inc., and Their Participating Members Windstream Services, LLC Texas Windstream, LLC (d/B/A Windstream Communications) Windstream Communications Kerrville, LLC (d/B/A Windstream Communications) Valor Telecommunications of Texas, LLC (d/B/A Windstream Communications Southwest) Windstream Sugar Land LLC v. Public Utility Commission of Texas Peter Lake, Chairman Will McAdams, Commissioner Lori Cobos, Commissioner And Jimmy Glotfelty, Commissioner, Each in His or Her Official Capacity at the Public Utility Commission of Texas

This case involves a dispute over the Texas Universal Service Fund (TUSF), established to ensure affordable telecommunications services statewide. Rural telecommunication service providers (Rural Providers) sued the Public Utility Commission of Texas (PUC) and its Commissioners when the PUC stopped paying full TUSF support amounts. The Rural Providers alleged ultra vires acts by the Commissioners for underfunding TUSF and creating a payment hierarchy, and violations of the APA for implementing these changes without proper rulemaking. The Court of Appeals reversed the trial court's dismissal, finding the Commissioners acted ultra vires and violated APA rulemaking procedures. The decision affirmed in part, reversed and rendered in part, and remanded in part for damages on a regulatory takings claim.

Texas Universal Service FundTelecommunications RegulationPublic Utility CommissionRural TelecommunicationsRegulatory TakingsUltra Vires ActAdministrative Procedure ActRulemaking ViolationDeclaratory JudgmentMandamus Relief

References

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

Case No. 15-24-00097-CV

Regular Panel Decision

Aug 27, 2024

Randall Law v. Texas Department of Insurance – Division of Workers' Compensation Subsequent Injury Fund, Jeff Nelson, Kara MacE, and Blaise Gerstenlauer

Appellant Randal Law, a catastrophically injured worker receiving lifetime income benefits from the Subsequent Injury Fund, appeals a decision from the 353rd Civil District Court of Travis County, Texas. The District Court granted the defendants' Plea to the Jurisdiction, dismissing Law's claims without prejudice. Law argues that manager Blaise Gerstenlauer acted with "Severe Ultra Vires conduct" by unilaterally interrupting his lifetime income benefits, which are protected by the Texas Labor Code from legal process and are paid until the employee's death. Law contends that this ultra vires act bypasses sovereign immunity, allowing his case to proceed in the Texas Judicial Review System. The brief requests the Fifteenth Court of Appeals to reverse the lower court's order and grant jurisdiction to Law.

Workers' CompensationLifetime Income BenefitsSubsequent Injury FundUltra Vires ActSovereign ImmunityPlea to JurisdictionAppellate CourtInjunctive ReliefCatastrophic InjuryTexas Labor Code

References

Case No. MISSING

Regular Panel Decision

Sahara Health Care, Inc. v. Azar

The Court addressed motions filed by the Secretary of HHS and Administrator for CMS against Sahara Health Care, Inc. Sahara Health Care, Inc. sought an injunction to prevent the recoupment of approximately $2.4 million in Medicare overpayments, alleging procedural due process violations and ultra vires acts due to delayed Administrative Law Judge (ALJ) hearings. The Court granted the defendants' motion to dismiss, finding limited jurisdiction for some claims but ultimately determining that Sahara Health Care, Inc. lacked a protected property interest in the disputed reimbursements. Consequently, the Plaintiff's Administrative Procedure Act claim and ultra vires claim were dismissed without prejudice, while the procedural due process claim was dismissed with prejudice. All requests for injunctive relief were denied, concluding the action.

MedicareRecoupmentAdministrative AppealsDue ProcessUltra ViresMotion to DismissInjunctionSubject Matter JurisdictionProperty InterestALJ Hearing

References

Case No. 03-14-00644-CV

Regular Panel Decision

Sep 16, 2014

Jose A. Perez v. Texas Medical Board and Mari Robinson, JD, in Her Official Capacity

Jose A. Perez, the appellant, filed an appeal against the Texas Medical Board and Mari Robinson, JD, challenging the dismissal of his claims by the 53rd Judicial District Court of Travis County. Perez's original lawsuit included claims such as inverse condemnation, federal takings, ultra vires actions against Robinson, and a petition to quash an administrative order that revoked his physician assistant license. The trial court had granted the defendants' plea to the jurisdiction, leading to a dismissal with prejudice. Perez argues that sovereign immunity was waived, that the court erred in dismissing his ultra vires claim, and that his constitutional rights under the Fourth, Fifth, and Fourteenth Amendments regarding property seizure and due process were violated by the administrative actions and the application of ex post facto laws. He seeks reversal of the lower court's judgment and a remand for adjudication on the merits.

Administrative LawSovereign ImmunityTakings ClauseDue ProcessEx Post Facto LawPhysician Assistant LicenseJudicial ReviewVested RightsPlea to the JurisdictionUltra Vires

References

155

Showing 1-10 of 77 results

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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. W2000-02953-COA-R3-CV

Regular Panel Decision

Apr 10, 2002

Shirley Schulze, A/K/A Shirley Schulze Vires v. Jere Steven

Estate LawContract LawImplied ContractGratuitous ServicesCaregiver CompensationTestamentary ProvisionWill ContestProbate LawCohabitationQuasi-Contract

References

Case No. No. 08-22-00029-CV (TC# 2021DCV1132)

Regular Panel Decision

Mar 27, 2023

Ricardo A. Samaniego, in His Official Capacity as County Judge, Carlos Leon, in His Official Capacity as County Commissioner, David Stout, in His Official Capacity as County Commissioner, Illiana Holguin, in Her Official Capacity as County Commissioner, Carl L. Robinson, in His Official Capacity as County Commissioner v. Associated General Contractors of Texas, Highway, Heavy, Utilities & Industrial Branch and a Brothers Milling, LLC

Governmental ImmunityUltra Vires ActPrevailing Wage RatePublic WorksSubject Matter JurisdictionInterlocutory AppealPlea to the JurisdictionTexas Government CodeStatutory InterpretationEl Paso County

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. 03-21-00571-CV

Regular Panel Decision

Sep 28, 2023

Texas Department of State Health Services, and Dr. Jennifer A. Shuford, in Her Official Capacity as Commissioner of the Texas Department of State Health Services v. Sky Marketing Corp., D/B/A Hometown Hero Create a Cig Temple, LLC Darrell Surif And David Walden

References

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. 03-21-00294-CV

Regular Panel Decision

Jun 30, 2022

Texas Telephone Association and Texas Statewide Telephone Cooperative, Inc., and Their Participating Members Windstream Services, LLC Texas Windstream, LLC (d/B/A Windstream Communications) Windstream Communications Kerrville, LLC (d/B/A Windstream Communications) Valor Telecommunications of Texas, LLC (d/B/A Windstream Communications Southwest) Windstream Sugar Land LLC v. Public Utility Commission of Texas Peter Lake, Chairman Will McAdams, Commissioner Lori Cobos, Commissioner And Jimmy Glotfelty, Commissioner, Each in His or Her Official Capacity at the Public Utility Commission of Texas

References

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

References

Case No. 15-24-00097-CV

Regular Panel Decision

Aug 27, 2024

Randall Law v. Texas Department of Insurance – Division of Workers' Compensation Subsequent Injury Fund, Jeff Nelson, Kara MacE, and Blaise Gerstenlauer

Workers' CompensationLifetime Income BenefitsSubsequent Injury FundUltra Vires ActSovereign ImmunityPlea to JurisdictionAppellate CourtInjunctive ReliefCatastrophic InjuryTexas Labor Code

References

Case No. MISSING

Regular Panel Decision

Sahara Health Care, Inc. v. Azar

MedicareRecoupmentAdministrative AppealsDue ProcessUltra ViresMotion to DismissInjunctionSubject Matter JurisdictionProperty InterestALJ Hearing

References

Case No. 03-14-00644-CV

Regular Panel Decision

Sep 16, 2014

Jose A. Perez v. Texas Medical Board and Mari Robinson, JD, in Her Official Capacity

Administrative LawSovereign ImmunityTakings ClauseDue ProcessEx Post Facto LawPhysician Assistant LicenseJudicial ReviewVested RightsPlea to the JurisdictionUltra Vires

References

155

Showing 1-10 of 77 results

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