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

Case No. 15-24-00116-CV
Regular Panel Decision
Feb 12, 2025

Arnulfo Cortez, Jr.; Homero R. Balderas, Brian D. Nipper, Mark F. Van Rosendael and Bryan K. Hugghins v. Texas Commission on Law Enforcement; Gregory Stevens in His Capacity as Executive Director of the Texas Commission on Law Enforcement; And John Beauchamp, in His Official Capacity as Counsel for Texas Commission on Law Enforcement; And T.J. Vineyard, in His Official Capacity as Major for the Texas Commission on Law Enforcement

Appellants have neither identified a waiver of the Appellees’ sovereign immunity nor pled a cause of action to confer subject matter jurisdiction on the Court. Sovereign immunity protects state agencies and officers unless there is a clear waiver. Appellants' claims for judicial review under the Administrative Procedure Act (APA) are barred as administrative remedies were not exhausted, and they are not aggrieved by a final contested case decision. Similarly, claims under the Uniform Declaratory Judgments Act (UDJA) fail to waive sovereign immunity and seek impermissible relief challenging an unripe agency order. Appellants' ultra vires claims and mandamus requests are also barred because Appellees acted within their statutory authority in taking disciplinary actions and issuing a warning, and no ministerial duty to grant SOAH hearings for all Appellants exists. Therefore, the trial court properly granted Appellees’ plea to the jurisdiction.

Sovereign ImmunitySubject Matter JurisdictionAdministrative Procedure Act (APA)Uniform Declaratory Judgments Act (UDJA)Ultra Vires ClaimsMandamus ReliefPeace Officer LicensureLaw Enforcement DisciplineTexas Courts of AppealsJudicial Review
References
38
Case No. 13-01-00119-CV
Regular Panel Decision
Jun 06, 2002

McAllen Police Officer's Union and the City of McAllen, Texas v. Ricardo Tamez, Individually and as President of the McAllen Professional Law Enforcement Association, and McAllen Professional Law Enforcement Association

The City of McAllen and the McAllen Police Officers Union (appellants) appealed a district court order compelling an election to determine the exclusive bargaining agent for the city's police officers. The Thirteenth District Court of Appeals in Texas reversed the trial court's decision. The appellate court held that selection by petition is a proper method for designating a bargaining agent and found no evidence of coercion in the petition's circulation. It further concluded that the appellees, Ricardo Tamez and the McAllen Professional Law Enforcement Association, failed to provide 'substantial support' to warrant an election, thus denying their requests for a declaratory judgment and a writ of mandamus.

Collective BargainingPolice UnionLabor LawElectionPetitionSupervisor InfluenceMajority RepresentationTexas Local Government CodeNational Labor Relations ActAppellate Review
References
26
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

Trosclair v. Chevron U.S.A., Inc.

This case involves an injured galley hand, referred to as Plaintiff, who settled a claim against Chevron U.S.A., Inc. after an injury on an offshore platform. Eagle Insurance Co., the workers' compensation carrier for Plaintiff's employer, sought to enforce a lien on the settlement proceeds, disputing the enforceability of a waiver of subrogation clause. Plaintiff initiated a declaratory judgment action to prevent the enforcement of the lien. The District Court granted Plaintiff's motion for summary judgment and denied Eagle's, ruling that the waiver of subrogation was enforceable under Louisiana law, following the precedent of Fontenot v. Chevron U.S.A., Inc. The Court also determined that the lack of notice or consent for the settlement did not affect the Plaintiff's right to past benefits, given the waiver of subrogation.

Workers' CompensationSubrogation WaiverDeclaratory JudgmentSummary JudgmentLouisiana LawOffshore DrillingOCSLALHWCAIndemnity AgreementSettlement
References
12
Case No. 44 S.W.3d 554
Regular Panel Decision

Lawrence v. CDB Services, Inc.

Justice Baker's dissenting opinion argues that the majority's decision to uphold waivers of workers' compensation claims on public policy grounds directly contradicts the intent and established public policies of the Texas Workers’ Compensation Act. The dissent emphasizes that the Act created a comprehensive system to encourage employer participation in workers' compensation insurance and ensure adequate redress for all injured employees. Baker asserts that the Court improperly defers to the Legislature on a matter where legislative intent, prioritizing employee protection and encouraging subscription, is clear. The dissent concludes that such waivers are void as they undermine the statutory scheme, and their acceptance by employees should not render them enforceable.

Workers' Compensation ActPublic PolicyWaiversEmployer LiabilityEmployee RightsStatutory InterpretationContract LawDissenting OpinionTexas LawCommon Law Defenses
References
26
Case No. MISSING
Regular Panel Decision
May 08, 2003

Keen v. Weaver

This case concerns the enforceability of a former spouse's waiver of ERISA pension plan benefits within a divorce decree, even when the plan participant did not update the beneficiary designation before death. Frank Weaver designated his then-wife, Patsy Keen, as the primary beneficiary of his ERISA annuity plans. Upon their divorce, Patsy waived all interest in these plans in an agreement incorporated into the divorce decree. Frank later died without changing his beneficiary designation. His alternative beneficiary, Rita Weaver (whose estate is represented by Diana Weaver), sued Patsy, claiming entitlement to the plan proceeds due to Patsy's waiver. The Supreme Court of Texas held that ERISA does not preclude a pension plan beneficiary from waiving an interest in the plan. The court concluded that Patsy Keen's waiver was specific, knowing, and voluntary, and is therefore enforceable under federal common law, affirming the appellate court's judgment against Patsy Keen.

ERISAPension PlanBeneficiary WaiverDivorce DecreeFederal Common LawPreemptionAnti-alienation ProvisionQualified Domestic Relations OrderBeneficiary DesignationPlan Administration
References
28
Case No. MISSING
Regular Panel Decision

Gus H. Comiskey, III A/K/A Trey Comiskey and TC3, Inc. v. FH Partners, LLC

This appeal concerns a dispute over the enforcement of a cross-collateralization clause in a loan agreement. Appellants Gus H. Comiskey, III and TC3, Inc. challenged a directed verdict that found FH Partners did not breach its contract. Comiskey, though not an original party, signed an extension of a $900,000 note secured by the "Burkhart property" from 1st Choice Bank (predecessor to FH Partners). The core issue was whether the cross-collateralization clause, which secured other debts of Paul Gomberg (original debtor) with the Burkhart property, remained enforceable. The trial court had ruled the agreement unambiguously permitted enforcement. The appellate court reversed the directed verdict on the appellants' waiver claim, finding a factual issue existed based on alleged statements, payoff quotes, and silence regarding the clause, which suggested an intention to waive the right. However, the court affirmed the remainder of the judgment, rejecting claims of mutual mistake, estoppel, and fraud due to Comiskey's failure to exercise reasonable diligence. The case was remanded for further proceedings on the waiver claim and attorney's fees.

Contract DisputeCross-Collateralization ClauseLoan AgreementWaiverPromissory EstoppelEquitable EstoppelQuasi-EstoppelFraudulent ConcealmentDeclaratory JudgmentDirected Verdict
References
66
Case No. 2025 NY Slip Op 02370 [237 AD3d 1139]
Regular Panel Decision
Apr 23, 2025

Whitfield v. Law Enforcement Employees Benevolent Assn.

The plaintiff, John "Divine G" Whitfield, doing business as Divine G Entertainment, appealed an order from the Supreme Court, Kings County, which granted the defendants' motion to dismiss his amended complaint. Whitfield had sued Law Enforcement Employees Benevolent Association (LEEBA) and its members for fraud and unjust enrichment, alleging inadequate payment for website and paralegal services. The Appellate Division affirmed the Supreme Court's decision, finding that Whitfield failed to adequately allege injury for fraud and that civil conspiracy claims stand or fall with the underlying tort. The court also determined that defendants were not unjustly enriched and that the plaintiff failed to establish an employer-employee relationship necessary for Labor Law and FLSA claims. Additionally, claims for intentional and negligent infliction of emotional distress were dismissed for failing to meet rigorous standards, and piercing the corporate veil was not adequately pleaded.

FraudUnjust EnrichmentEmployment RelationshipQuantum MeruitLabor LawFLSAEmotional DistressCorporate VeilPiercing Corporate VeilPleading Sufficiency
References
26
Case No. MISSING
Regular Panel Decision

State Commission for Human Rights v. Mullen

The New York State Commission Against Discrimination, as petitioner, filed a motion under Executive Law § 298 seeking judicial enforcement of its order, dated December 3, 1963, against unnamed respondents. This original order stemmed from a hearing concerning alleged unlawful discriminatory practices. The petitioner aimed to secure court benediction for the order, enabling contempt as a remedy for any future violations. The court reviewed Article 15 of the Executive Law, confirming that section 298 permits the commission to obtain such an enforcement order. Consequently, the motion was granted, authorizing the issuance of an order to enforce the commission's original directive.

Enforcement MotionExecutive LawDiscriminatory PracticesStipulationContempt RemedyJudicial ReviewOrder EnforcementNew York LawAdministrative OrderHuman Rights Commission
References
2
Case No. MISSING
Regular Panel Decision

State Division of Human Rights v. Elizabeth A. Horton Memorial Hospital

A proceeding was initiated by the State Division of Human Rights to enforce an order against Elizabeth A. Horton Memorial Hospital. The hospital had discriminated against a female employee by denying disability benefits for pregnancy-related disability, despite being a self-insured employer providing benefits under the Workers' Compensation Law. The State Division's order, affirmed by the State Human Rights Appeal Board, directed the hospital to pay benefits, furnish proof, and establish a nondiscrimination policy. The hospital failed to comply, leading to this enforcement action almost two years after the Appeal Board's order. The court granted the petition for enforcement, denied the hospital's cross-motion, found the enforcement proceeding timely and not barred by laches, and affirmed that the original discrimination finding was supported by substantial evidence.

Sex DiscriminationPregnancy Disability BenefitsEnforcement ProceedingHuman Rights LawWorkers' Compensation LawTimelinessLachesSubstantial EvidenceEmployer DiscriminationDisability Benefits Denial
References
4
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