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Case Law Database

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

Case No. MISSING
Regular Panel Decision
May 18, 1994

Claim of Boshart v. St. Francis Hospital

The claimant, a hospital employee, stopped working due to an aggravated preexisting back condition and filed a claim for workers' compensation benefits. Her claim was initially denied, but a Workers’ Compensation Law Judge found prima facie medical evidence for an occupational back condition. Upon appeal, the Workers' Compensation Board rejected the employer's contention that the claim was barred by Workers’ Compensation Law § 28, ruling the employer had waived this defense. The employer appealed this decision. The court affirmed the Board's decision, concluding that the employer failed to raise the Statute of Limitations defense at the first hearing where all parties were present, thereby waiving the right to assert it.

Workers' CompensationStatute of LimitationsWaiverOccupational DiseaseBack InjuryEmployer LiabilityAppellate ReviewProcedural DefenseInsurance ClaimBoard Decision
References
2
Case No. 12-04-00082-CV
Regular Panel Decision
Sep 30, 2005

Annie Faye Watts v. Pilgrim's Pride Corporation

Annie Faye Watts, an employee of Pilgrim’s Pride Corporation (PPC), sustained injuries at work and received benefits from PPC, a nonsubscriber to the Texas Workers’ Compensation Act. Watts subsequently filed a negligence suit, which PPC sought to dismiss via summary judgment based on affirmative defenses like waiver, election of remedies, ratification, and quasi-estoppel, referencing a waiver agreement Watts signed. The appellate court determined that the waiver, signed before a 2001 amendment to the Texas Labor Code but with an injury occurring after its effective date, was void and unenforceable under Tex. Lab. Code Ann. § 406.033. The court concluded that a void contract cannot be rendered enforceable by affirmative defenses and that PPC failed to provide competent evidence for its defenses. Consequently, the trial court's summary judgment in favor of PPC was reversed, and the case was remanded for further proceedings.

Summary JudgmentWaiverAffirmative DefenseVoid ContractElection of RemediesQuasi-EstoppelRatificationTexas Labor CodeNonsubscriber EmployerPersonal Injury
References
22
Case No. MISSING
Regular Panel Decision

Federated Mutual Insurance v. Woodstock '99, LLC

Plaintiff Federated Mutual Insurance Co., as subrogee of American Hardwall Supply Company of Rome, initiated an action against Woodstock ’99, LLC, seeking to recover over $600,000 for property damage sustained by its insured at the Woodstock ’99 festival. Woodstock, in turn, filed a third-party action against Ace Hardware Corporation. The central dispute revolved around Federated's motion for partial summary judgment to dismiss Woodstock’s Thirteenth Affirmative Defense, which asserted a waiver of subrogation. The court analyzed whether a waiver of subrogation clause in the Woodstock agreement was incorporated by reference into a separate letter agreement between Ace and American. Ultimately, the court determined that the American letter agreement merely referenced the Woodstock agreement for informational purposes and did not demonstrate a clear intent to bind American to the subrogation waiver. Consequently, the court granted Federated's motion for partial summary judgment and dismissed Woodstock’s Thirteenth Affirmative Defense, alongside its Eleventh Affirmative Defense by stipulation.

Summary JudgmentSubrogationContract InterpretationInsurance PolicyWaiver ClauseIncorporation by ReferenceProperty DamageNegligence ClaimThird-Party ActionFestival Liability
References
8
Case No. MISSING
Regular Panel Decision
Aug 01, 1981

McKay v. Smith

A month-to-month tenant with nine children complained to the Village of Freeport about a housing code violation. The landlord subsequently issued a notice of termination and commenced a summary eviction proceeding. Initially, the tenant stipulated to vacate by June 30, 1981, but later, through new counsel, raised the defense of 'retaliatory eviction' under Real Property Law § 223-b, seeking to vacate the prior judgment. The court considered if a landlord is bound to retain a tenant who complained about housing violations and if the defense of retaliatory eviction can be waived. The court found that RPL § 223-b does not prohibit waiver of the defense. Since the tenant and prior counsel were aware of the defense but did not raise it in earlier appearances, the court determined it was a knowing waiver of an affirmative defense. The tenant's application to vacate the judgment was denied, and the stay of eviction was terminated as of August 1981.

Retaliatory EvictionReal Property LawMonth-to-month TenancyWaiver of DefenseAffirmative DefenseHousing Code ViolationsSummary Eviction ProceedingLandlord-Tenant LawStipulationOrder to Show Cause
References
5
Case No. MISSING
Regular Panel Decision

Whitehead v. Holston Defense Corporation

Eoscoe E. Whitehead was awarded total and permanent disability under the Workmen’s Compensation Law due to pulmonary fibrosis, an occupational disease contracted during his employment at Holston Defense Corporation. The defendant appealed, challenging the compensability of the disease and alleging lack of proper notice. The Court affirmed the Chancellor's decree, finding substantial evidence of a causal connection between Whitehead's work conditions and his illness. The Court also determined that the employer's medical staff had actual knowledge of Whitehead's condition and concealed it from him. It broadly interpreted T.C.A. sec. 50-1101 to include Whitehead's ailment as a compensable occupational disease, overruling the assignments of error.

Occupational DiseasePulmonary FibrosisWorkers' CompensationTotal Permanent DisabilityCausationEmployer KnowledgeConcealment of ConditionStatutory ConstructionNon-scheduled Occupational DiseaseIndustrial Exposure
References
2
Case No. MISSING
Regular Panel Decision

Center for Constitutional Rights v. Department of Defense

The Center for Constitutional Rights (CCR) initiated this Freedom of Information Act (FOIA) lawsuit against the Department of Defense (DOD), FBI, and CIA, seeking the release of images and videos of detainee Mohammed al-Qahtani from Guantánamo Bay. While the DOD and FBI acknowledged possessing such records but withheld them, the CIA issued a Glomar response, neither confirming nor denying their existence. The Court ultimately denied CCR's motion for partial summary judgment and granted the Government's cross-motion for summary judgment. The decision cited national security concerns, including potential harm to military personnel, extremist recruitment, compromised intelligence efforts, and adverse impacts on international relations, as valid reasons for withholding the records and for the CIA's Glomar response under FOIA Exemption 1.

Freedom of Information Act (FOIA)National SecurityClassified InformationGuantánamo BayDetaineeMohammed al-QahtaniSummary JudgmentFOIA ExemptionsGlomar ResponseIntelligence Collection
References
26
Case No. 04-CR-156
Regular Panel Decision

United States v. Taveras

Defendant Humberto Pepin Taveras faces a homicide trial where the government seeks the death penalty for the killings of two associates during a drug trafficking dispute. Senior District Judge Jack B. Weinstein addresses the admissibility of a self-defense claim, emphasizing heightened protections for defendants in capital cases and allowing more leeway for evidence favoring the defendant. The defense intends to establish self-defense through witness statements suggesting the victims, José Rosario and Carlos Madrid, had threatened Pepin and his family. The prosecution disputes this, arguing Pepin deliberately sought out and murdered the victims, thereby precluding a self-defense claim as he initiated the confrontations. The court ultimately rules that Pepin will be permitted to argue self-defense, and related evidence will be allowed, with a self-defense instruction to the jury contingent on sufficient proof being presented.

Self-defenseCapital punishmentHomicide trialEvidentiary rulesDrug traffickingDeath penaltyJury instructionsCriminal lawDue processReasonable doubt
References
45
Case No. 2012 WL 3756270
Regular Panel Decision
Aug 28, 2012

American Freedom Defense Initiative v. Metropolitan Transportation Authority

This case involves the American Freedom Defense Initiative (AFDI), a pro-Israeli advocacy group, challenging the Metropolitan Transit Authority's (MTA) refusal to display a political advertisement on buses. The ad, which called for support for Israel and opposition to Jihad, was rejected by the MTA for violating its 'no-demeaning standard,' which prohibits ads demeaning individuals or groups based on characteristics like religion or national origin. AFDI sought a preliminary injunction, arguing that the standard violated their First Amendment rights. The court found that the MTA's standard was content-based because it selectively prohibited demeaning speech only for certain protected characteristics, while allowing it for others. Consequently, the court granted AFDI's motion for a preliminary injunction, deeming the MTA's standard unconstitutional under the First Amendment.

First AmendmentFreedom of SpeechPolitical AdvertisingPublic Forum DoctrineDesignated Public ForumContent-Based RestrictionStrict ScrutinyPreliminary InjunctionMetropolitan Transportation AuthorityAdvertising Standards
References
40
Case No. MISSING
Regular Panel Decision
Feb 26, 1999

Rothe Development Corp. v. United States Department of Defense

Rothe Development Corporation, a San Antonio-based company, sued the United States Department of Defense after losing a contract due to an evaluation preference favoring "socially and economically disadvantaged persons" under the 1207 program (10 U.S.C. § 2323). Rothe, the low bidder, argued this preference violated its Fifth Amendment equal protection rights. The government contended the preference met strict scrutiny standards. The court considered cross-motions for summary judgment, ultimately granting the government's motion and denying Rothe's. The decision affirmed that Congress has a compelling interest in remedying past discrimination in government contracting and found the 1207 program, with its rebuttable presumptions and limited duration, to be narrowly tailored, rejecting Rothe's arguments regarding burden of proof, neutral alternatives, and the impact on third parties.

Affirmative ActionEqual ProtectionStrict ScrutinyGovernment ContractsSmall Disadvantaged Businesses1207 ProgramFifth AmendmentFourteenth AmendmentRacial PreferencesSummary Judgment
References
47
Case No. 86 B 11270 (BRL)
Regular Panel Decision

Iles v. LTV Aerospace & Defense Co. (In Re Chateaugay Corp.)

This case is an appeal to the District Court concerning two proofs of claim filed in a Chapter 11 bankruptcy proceeding against LTV Aerospace and Defense Company. The bankruptcy court had disallowed and expunged these claims, filed by the "lies plaintiffs" (nine women employees/applicants) and the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW), arguing that class proofs of claim are impermissible. The District Court reversed this decision, holding that class proofs of claim are permissible under the Bankruptcy Code. It also affirmed that the UAW was authorized to file claims on behalf of its members, both as a creditor in its own right and as an authorized agent. The court found that the legislative history and policy of the Bankruptcy Code support allowing class proofs of claim and that the UAW had properly identified claimants and followed filing requirements.

Bankruptcy LawClass ActionProofs of ClaimChapter 11 ReorganizationCreditor RightsDebtorGender DiscriminationCivil Rights Act of 1964Labor UnionAuthorized Agent
References
30
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