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

Case No. 13-09-00213-CV
Regular Panel Decision
Dec 09, 2010

Unique Staff Leasing, LLC and Unique Staff Leasing I, Ltd. v. Richard Onder

This case involves an appeal from a jury verdict in a breach of contract dispute between Unique Staff Leasing, LLC, and Unique Staff Leasing I, Ltd. (Appellants) and Richard Onder (Appellee). The core of the dispute was an 'Independent Contractor and Commission Agreement' and prior oral agreements regarding commission payments. Unique argued that the agreements were unenforceable due to the statute of frauds and that Onder committed a prior material breach. The court rejected Unique's arguments, finding that the written agreement was not subject to the statute of frauds as its terms allowed performance within one year and that the jury's implicit finding of no material breach by Onder was reasonable. The appellate court affirmed the trial court's judgment, as modified, which awarded Onder $52,025.11 in lost commissions and additional attorney's fees.

Breach of ContractStatute of FraudsElectronic AgreementIndependent ContractorCommission AgreementJury VerdictLegal SufficiencyFactual SufficiencyContract InterpretationOral Agreement
References
73
Case No. No. 08-13-00348-CV (TC#12-09-802)
Regular Panel Decision
Sep 23, 2015

EXLP Leasing LLC and EES Leasing LLC v. Loving County Appraisal District

This ad-valorem tax case concerns the taxation of natural gas pipeline compressor packages. Appellants, EXLP Leasing LLC and EES Leasing LLC, lease these compressor packages. The trial court initially ruled that the packages qualified as heavy equipment but found the taxable situs in Loving County and deemed the statutory formulas for market value and tax (Texas Tax Code Sections 23.1241 and 23.1242) unconstitutional as applied. On appeal, the Court of Appeals addressed the constitutionality of these statutes and the determination of taxable situs. The appellate court reversed the trial court's finding on constitutionality, holding that the statutes are not unconstitutional as applied, and affirmed the trial court's ruling that the taxable situs was indeed in Loving County.

Ad Valorem TaxHeavy EquipmentTaxation LawMarket Value AssessmentStatutory InterpretationConstitutional LawTaxable SitusTexas Tax CodeAppraisal DistrictProperty Tax
References
16
Case No. MISSING
Regular Panel Decision

In Re Jamesway Corp.

This case addresses whether claims arising from a debtor's rejection of non-residential real property leases, which were assumed in a prior Chapter 11 case (Jamesway I), are entitled to administrative priority in a subsequent Chapter 11 case (Jamesway II). Landlords sought administrative expense status for these claims, while Jamesway and the Official Committee of Unsecured Creditors argued they were general unsecured claims subject to statutory limitations. The court denied the Landlords' motion, holding that the claims do not qualify for administrative priority in Jamesway II because the leases were not assumed in this distinct second proceeding and did not provide an actual benefit to the Jamesway II estate. Consequently, the court granted Jamesway's cross-motion, classifying the Landlords' claims as general unsecured pre-petition claims, subject to the caps outlined in § 502(b)(6) of the Bankruptcy Code.

BankruptcyChapter 11Lease RejectionAdministrative ClaimUnsecured ClaimSummary JudgmentSuccessive Bankruptcy FilingsCreditor PriorityDebtor-in-PossessionEstate Preservation
References
33
Case No. MISSING
Regular Panel Decision

EXLP Leasing, LLC v. Galveston Cent. Appraisal Dist.

The case concerns a dispute between EXLP Leasing, LLC (EXLP) and the Galveston County appraisal district regarding the constitutional validity of a statutory formula for taxing leased natural-gas compressors and the proper taxable situs for this equipment. Galveston County challenged the Texas Tax Code provisions, arguing they undervalued the compressors at a "minute fraction" of their market value, violating constitutional requirements for "equal and uniform" taxation. The Supreme Court of Texas held that the county failed to rebut the strong presumption of constitutionality, clarifying that the legislature is not constitutionally mandated to base property valuation solely on market value. Furthermore, the Court determined that Washington County, where EXLP maintains its inventory and business operations, is the correct taxable situs, establishing a comprehensive statutory scheme that supersedes general situs rules. Consequently, the Supreme Court reversed the court of appeals' judgment and rendered a decision against Galveston County on both issues.

Property TaxTexas Tax CodeConstitutional LawValuation MethodTaxable SitusHeavy EquipmentNatural Gas CompressorsLegislative DiscretionEqual and Uniform TaxationMarket Value
References
60
Case No. MISSING
Regular Panel Decision

Alice Leasing Corp. v. Castillo

This is an appeal in a wrongful death and survival action following a jury verdict. Evaristo Castillo, an employee of non-subscriber Alice Leasing Corporation, was killed in an accident involving a gin pole truck. The Castillo survivors initially sued Heldt Bros. Trucks, a subscriber and partner of Alice Leasing, and later added Alice Leasing as a defendant. The Texas Workers’ Compensation Insurance Fund (TWCIF) intervened for subrogation. Alice Leasing judicially admitted it was Castillo's employer, and Heldt Bros. settled. The jury found Alice Leasing 100% negligent. Alice Leasing appealed, arguing the trial court erred by not submitting a jury question on Castillo's "borrowed servant" status, refusing an instruction on workers' compensation as an exclusive remedy for partners, that the release of Heldt Bros. also released Alice Leasing, that evidence was insufficient to support Heldt Bros.'s non-negligence, and by admitting a videotaped experiment. The appellate court rejected all arguments, affirming that Alice Leasing was Castillo's employer and responsible for his death, and upheld the jury's findings.

Wrongful DeathSurvival ActionWorkers' CompensationBorrowed Servant DoctrineExclusive RemedyPartnership LawEntity TheoryJudicial AdmissionNegligenceLegal Sufficiency
References
28
Case No. MISSING
Regular Panel Decision

Cruz v. Regent Leasing Ltd. Partnership

Plaintiff Roberto Cruz commenced an action against Regent Leasing Limited Partnership for personal injuries sustained during a slip and fall. Cruz, a superintendent, was an employee of Mid-State Management Corp., hired by Regent Leasing to manage the property. Defendant Regent Leasing moved for summary judgment, arguing that the exclusivity of workers' compensation benefits precluded the action, suggesting plaintiff should be deemed their employee. The court denied the motion, finding no employer-employee or co-employer relationship between Cruz and Regent Leasing. The decision clarified that merely hiring an employer to manage premises does not establish an employer-employee relationship within the Workers’ Compensation Law.

Slip and FallPersonal InjuryWorkers' Compensation LawExclusive RemedySummary JudgmentEmployer-Employee RelationshipCo-EmployerManaging AgentLandowner LiabilityPremises Liability
References
17
Case No. 03-11-00327-CV
Regular Panel Decision
Feb 21, 2014

Cedar Contracting, Inc. and Lands & Leases, Inc. v. Ronald Hernandez and Connie Hernandez

This case involves a lease dispute between Cedar Contracting, Inc. and Lands & Leases, Inc. (Appellants) and Ronald Hernandez and Connie Hernandez (Appellees). Appellants appealed a trial court's summary judgment which declared that Cedar Contracting's assignment of its commercial lease rights and subsequent sublease violated the lease terms with Connie Hernandez. The appeals court affirmed the trial court's judgment, holding that the lease terminated upon Hernandez's notice of termination and that Cedar Contracting did not have an unrestricted right to assign or sublease the property without the landlord's consent. The court concluded that the phrase 'or its assigns' in the lease did not override the explicit restriction and found no error in the trial court's decision that Hernandez was justified in interfering with the sublease.

Lease DisputeCommercial LeaseAssignment of LeaseSubleaseLandlord ConsentSummary JudgmentContract InterpretationNotice of TerminationTortious InterferenceAttorney's Fees
References
32
Case No. MISSING
Regular Panel Decision

In Re Penn Traffic Co.

The Penn Traffic Company, a Chapter 11 debtor, sought to reject a Project Agreement with COR Route 5 Company, LLC, under Section 365(a) of the Bankruptcy Code. The agreement involved a land exchange, supermarket construction, and a lease-back. COR had completed all its obligations, including tendering a $3.5 million reimbursement and the signed lease, but Penn Traffic refused to accept. The court denied the motion, ruling that the Project Agreement was not an executory contract when the motion was filed, as COR had substantially performed its duties. The court emphasized that Penn Traffic's refusal to accept performance, invoking the Doctrine of Prevention of Performance, could not justify rejecting the contract as executory.

Bankruptcy LawExecutory ContractsSection 365(a)Contract RejectionSubstantial PerformancePrevention of Performance DoctrineDebtor-in-PossessionChapter 11Commercial Real EstateLand Swap
References
68
Case No. 01-17-00316-CV
Regular Panel Decision
Jul 14, 2022

Wes Gilbreath, Jr., Stacey Gilbreath Powell, Elliot Gilbreath, and Mark Ritter SignAd, Ltd., SignAd GP, LLC, Ben Nevis West, Ltd., Culcreuch West, LLC, Big Signs & Leasing 1, Ltd., Big Signs & Leasing 2, Ltd., Big Signs & Leasing 3, Ltd. El Al v. Lisa R. Gilbreath Horan, Individually and as Trustee of the Lisa Gilbreath Horan 2001 Irrevocable Trust

This appellate opinion addresses a dispute within the Gilbreath family business, involving appeals from a trial court's amended final judgment on various claims. The case originated from conflicts after the patriarch's death, leading to allegations of financial mismanagement and an involuntary commitment proceeding against Lisa R. Gilbreath Horan. Appellants challenged judgments on malicious prosecution, defamation, and breach of fiduciary duty. The appellate court partly affirmed, reversed, and remanded the judgment, notably finding that Lisa lacked standing for certain derivative claims, reversing the jury's finding of oppression, and modifying injunctive relief. The case also involves remands for reconsideration of attorney's fees and the issue of judicial expulsion.

Malicious ProsecutionDefamationBreach of Fiduciary DutyBusiness DisputesLimited PartnershipsLimited Liability CompaniesCorporate GovernanceShareholder RightsInvoluntary CommitmentAttorney's Fees
References
138
Case No. 05-18-00541-CV
Regular Panel Decision
Aug 20, 2019

AAA Cooper Transportation and XTRA Lease, LLC v. Olynthus M. Davis and Property & Casualty Insurance Company of Hartford

Olynthus M. Davis, a warehouseman, was injured while loading a trailer leased by AAA Cooper Transportation from XTRA Lease, LLC when an E-track rail detached and impaled his leg. Davis sued the appellants for providing an unsafe trailer and negligence in its inspection, repair, and maintenance. A jury found AAA Cooper 40% negligent, XTRA Lease 50% negligent, and Davis 10% negligent, awarding Davis damages. Appellants appealed, raising issues regarding the trial court's submission of a general negligence question instead of premises liability, and the sufficiency of evidence to support the jury's findings on expert testimony and future medical expenses. The Court of Appeals affirmed the trial court's judgment, concluding the trailer was not a premises, and upheld the admissibility and sufficiency of the expert testimonies.

NegligencePremises LiabilityExpert TestimonySufficiency of EvidenceFuture Medical ExpensesCausationDamagesWorkplace InjuryForklift AccidentE-track System
References
25
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