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

Case No. MISSING
Regular Panel Decision

Wesby v. Act Pipe & Supply, Inc.

Glenn Wesby was injured while working on Act Pipe & Supply, Inc.'s premises, employed by Labor Express Temporary Services. He sued Act Pipe for negligence. Act Pipe sought summary judgment, arguing that Wesby's claims were barred by Texas Workers’ Compensation statutes under either the Staff Leasing Services Act or the borrowed servant doctrine. The trial court granted summary judgment without specifying the grounds. On appeal, the court affirmed the summary judgment, finding that Wesby was Act Pipe’s borrowed servant and Act Pipe's workers’ compensation insurance applied, thus barring his common law claims, irrespective of whether notice of coverage was provided.

Personal InjurySummary JudgmentBorrowed Servant DoctrineStaff Leasing Services ActWorkers' Comp ExclusivityTemporary EmploymentNegligence ClaimsAppellate AffirmationEmployer Affirmative DefenseTexas Labor Law
References
28
Case No. MISSING
Regular Panel Decision

Lasater v. Hercules Powder Co.

This action was brought by employees of Volunteer Ordnance Works against their employer, operating under a government contract, seeking unpaid overtime compensation, liquidated damages, and attorney's fees under the Fair Labor Standards Act of 1938. The dispute centered on whether time spent at plant gates and in transit on the employer's premises constituted compensable working time. The court found that while the Fair Labor Standards Act generally applied to government contracts and the plaintiffs were engaged in the production of goods for commerce, the specific time claimed was not part of a statutory workweek, particularly considering the wartime context and the benefit to the national war effort. Furthermore, the court determined that the Portal-to-Portal Act of 1947 barred the plaintiffs' claims and affirmed the constitutionality of its provisions, including Section 9, which provides a defense for employers acting in good faith reliance on administrative interpretations. Consequently, judgment was awarded to the defendant.

Overtime CompensationFair Labor Standards ActPortal-to-Portal ActWartime ProductionGovernment ContractorsEmployee WagesStatutory WorkweekJurisdictionConstitutional LawDe Minimis Rule
References
17
Case No. MISSING
Regular Panel Decision

Rodriguez v. Texas Employers' Insurance Ass'n

This case concerns an appeal from a summary judgment granted in favor of a workers' compensation carrier. The appellant's husband died at work, and the carrier denied death benefits, leading the appellant to sue for benefits under the Workers' Compensation Act and for treble damages under the Texas Deceptive Trade Practices Act (DTPA). While the appellant successfully recovered workers' compensation benefits, the trial court granted summary judgment on the DTPA claim, ruling that the decedent was not a "consumer" as defined by the Act. The appellate court affirmed this decision, concluding that the relationship between the decedent and the compensation carrier was statutory, not contractual, meaning there was no "purchase" of goods or services to establish consumer status under the DTPA. Therefore, the denial of workers' compensation liability alone did not give rise to a cause of action under the Deceptive Trade Practices Act.

Workers' CompensationDeceptive Trade PracticesSummary Judgment AppealConsumer StatusInsurance LiabilityStatutory RelationshipContractual RelationshipDeath Benefits ClaimTreble DamagesAppellate Court Decision
References
2
Case No. 03-07-00725-CV
Regular Panel Decision
Jan 16, 2009

City of San Antonio Acting by and Through City Public Service Board N/K/A CPS Energy v. Bastrop Central Appraisal District and Chief Appraiser Mark Boehnke

The City of San Antonio, through CPS Energy, sought a writ of mandamus to compel the Bastrop Central Appraisal District (BCAD) and its chief appraiser to act on an untimely application for an open-space agricultural appraisal for 1999-2002. CPS Energy's land, previously tax-exempt for public use, lost this status retroactively after BCAD discovered a lignite mining lease with Alcoa. Although BCAD processed a similar application for 2003, it took no action on the earlier untimely applications. The appellate court affirmed the trial court's denial of mandamus, holding that BCAD had no statutory duty to act on applications filed after appraisal records approval and that CPS Energy's due-process rights were not violated, as they had opportunities to file timely applications. The court also rejected CPS Energy's estoppel argument against BCAD.

Property Tax LawAppellate ProcedureMandamus ActionStatutory InterpretationDue Process RightsTax Exemption RevocationOpen-Space Agricultural AppraisalUntimely ApplicationGovernmental EstoppelTexas Tax Code
References
21
Case No. MISSING
Regular Panel Decision

Martinez v. Reich

Plaintiffs, migrant workers, sued the Department of Labor (DOL) and other federal agencies, alleging violations of the Immigration and Nationality Act (INA) and the Wagner-Peysner Act. They contended that the DOL unlawfully approved alien labor certification applications, specifically for tree planters hired by Frank Stanley. Plaintiffs argued that tree planters should be classified as agricultural workers, subject to more comprehensive protections under Subparts B and C of 20 C.F.R. § 655, rather than the less stringent procedures of Subpart A and the General Administration Letters. The court addressed the defendants' mootness argument, ruling that the case was capable of repetition yet evading review despite an earlier settlement with Stanley. Ultimately, the court found that tree planters are not agricultural workers under Part 655 and concluded that the DOL did not act arbitrarily or capriciously by applying different procedures for non-agricultural workers.

Administrative Procedures ActImmigration and Nationality ActWagner-Peysner ActAlien Labor CertificationMigrant WorkersTemporary Foreign WorkersAgricultural EmploymentNon-Agricultural EmploymentSummary JudgmentMootness Doctrine
References
11
Case No. 15-25-00022-CV
Regular Panel Decision
Dec 03, 2024

City of Coppell, Texas; City of Humble, Texas; City of DeSoto, Texas; City of Carrollton, Texas; And City of Farmer's Branch, Texas // Kelly Hancock, in His Official Capacity as Acting Comptroller of Public Accounts of the State of Texas v. Kelly Hancock, in His Official Capacity as Acting Comptroller of Public Accounts of the State of Texas // City of Coppell, Texas; City of Humble, Texas; City of DeSoto, Texas; City of Carrollton, Texas; City of Farmer's Branch, Texas; And City of Round Rock, Texas

The case involves a legal dispute over the State of Texas Comptroller's amendments to Rule 3.334, which governs local sales and use tax sourcing, especially for e-commerce and fulfillment centers. The applicant cities challenge several subsections of the rule, arguing they contravene existing statutes, prior interpretations, and the Administrative Procedure Act due to inadequate notice and reasoned justification. The Comptroller asserts the amendments clarify long-standing interpretations to address modern e-commerce practices, ensure uniform tax application, and prevent revenue manipulation, maintaining that the changes are within their statutory rulemaking authority. The trial court invalidated several contested subsections of Rule 3.334, permanently enjoining their enforcement and remanding them for further consideration. Both parties are appealing aspects of the trial court's decision, with the Comptroller cross-appealing the invalidity rulings. The issue is significant to Texas jurisprudence, determining where sales or use taxes are consummated for local allocation.

Sales Tax SourcingLocal Sales TaxE-commerceFulfillment CentersAdministrative LawStatutory InterpretationTexas Tax CodeRule 3.334Tax Revenue AllocationJudicial Review of Agency Action
References
21
Case No. 03-17-00478-CV
Regular Panel Decision
Jul 28, 2017

in Re Volkswagen Clean Diesel Litigation: Texas Clean Air Act Enforcement Cases

The Texas Court of Appeals, Third District, at Austin, conditionally granted the State's petition for writ of mandamus. The State sought to abate eighteen later-filed cases, initiated by various counties against Volkswagen, concerning enforcement of the Texas Clean Air Act. The court determined that the common-law doctrine of dominant jurisdiction required the abatement of these later-filed suits because the State's enforcement action against Volkswagen was filed first. The court found that venue was proper in both sets of cases and that they were inherently interrelated, involving the same parties, controversy, and environmental law enforcement. The MDL statute was not intended to modify or create an exception to the dominant jurisdiction rule under these unique circumstances, where all actions sought to impose penalties for the same TCAA violations. Therefore, the MDL pretrial court abused its discretion by not granting the State's plea in abatement.

Mandamus ReliefDominant JurisdictionAbatement of SuitsTexas Clean Air ActMultidistrict Litigation (MDL)Environmental LawInterrelated CasesFirst-Filed RuleAppellate Court DecisionVolkswagen Litigation
References
12
Case No. MISSING
Regular Panel Decision

League of Voluntary Hospitals & Homes v. Local 1199, Drug, Hospital & Health Care Workers Union

The court addresses an application for a preliminary injunction against Local 1199, a union planning a three-day strike. The League of Voluntary Hospitals and Homes of N. Y. sought the injunction following a previous temporary restraining order concerning a one-day strike. The union argued that each planned strike required a new legal proceeding, but the court deemed the strikes "episodic and organically connected." Citing concerns about blocked ingress/egress to hospitals and the union president's threats to "shut down" facilities, the judge found a preliminary injunction necessary under Labor Law § 807 to protect public health and safety. The injunction restrains the union from unlawfully interfering with hospital operations, blocking access, and picketing within certain distances of hospital entrances and emergency rooms.

Labor DisputePreliminary InjunctionStrike ActionUnion ActivityHospital AccessPicketing RegulationsCollective BargainingCivil Disobedience ThreatPublic Health and SafetyIngress Egress Interference
References
1
Case No. MISSING
Regular Panel Decision

Woods v. Littleton

Jackie and Cheryl Woods sued B. L. Littleton and Joe S. Thomson, doing business as Superior Construction Company, for defective sewer systems and faulty repairs, alleging violations of the Deceptive Trade Practices-Consumer Protection Act. The trial court found the Act applicable and actions deceptive but declined to treble damages. The court of civil appeals reversed and remanded, questioning the Act's applicability. This court affirmed the remand, ruling that the Act applies to deceptive practices occurring after its effective date (May 21, 1973), even if the initial sale was earlier, and that treble damages are mandatory once liability is established. The case was remanded for a retrial to determine actual damages solely attributable to post-effective date deceptive practices, which must then be trebled.

Deceptive Trade Practices ActConsumer ProtectionMandatory Treble DamagesStatutory InterpretationRemand for RetrialSewer System DefectsFaulty Repair ServiceReal Estate TransactionPost-Effective Date ApplicabilityMental Anguish Damages
References
18
Case No. MISSING
Regular Panel Decision

Tannenbaum v. Hofbauer

The plaintiff filed a motion to set aside the dismissal of their complaint, which sought damages for an alleged assault and battery perpetrated by unidentified men acting under the direction of Powers, a business agent of the defendant union during a strike. The plaintiff's evidence indicated the tortious act was committed by a union agent in furtherance of the strike. However, there was no evidence of official union authorization for the act, nor was the agent's unlawful activity sufficiently notorious or prolonged to infer knowledge and acquiescence from the union membership. Citing established precedent, the court reiterated that to hold a voluntary, unincorporated association liable, facts must prove all members are liable, either through a public act of the association or member-approved acts of its agents. The court found that the evidence presented was insufficient to bind the entire union membership, requiring clear and convincing evidence to identify the union with the individual acts. Consequently, the plaintiff's motion to set aside the dismissal was denied.

Assault and BatteryUnion LiabilityAgency LawVoluntary Unincorporated AssociationMembership LiabilityStrike ActionTortious ActDismissal of ComplaintMotion PracticeEvidence Sufficiency
References
4
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