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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

International Union of Operating Engineers, Local No. 450 v. Mid-Valley, Inc.

The International Union of Operating Engineers (Union) sought judicial enforcement of an arbitrator's decision against Mid-Valley, Inc. (Company). The arbitrator had found the Company violated a collective bargaining agreement by not employing operating engineers for dewatering devices and awarded wage payments to the Union. The Company objected, contending the arbitrator exceeded his authority, particularly regarding the monetary award. The District Court affirmed the arbitrator's authority to fashion a remedy but distinguished between compensatory and punitive damages. The court found the first segment of the arbitrator's award, covering the period before the arbitrator's decision, to be punitive and denied its enforcement, allowing only nominal damages. The second segment, intended to incentivize compliance, was upheld and enforced. The Union's request for attorney's fees was denied.

Arbitration EnforcementCollective Bargaining AgreementLabor DisputeArbitrator AuthorityContract BreachPunitive DamagesNominal DamagesJudicial ReviewGrievance ResolutionWage Payments
References
19
Case No. E2004-00422-COA-R3-CV
Regular Panel Decision
Nov 30, 2004

Jeffrey Scott West v. Sharon Ann West

Jeffrey Scott West (Father) filed a petition to modify the parties' Permanent Parenting Plan, seeking to require Sharon Ann West (Mother) to pay child support. The trial court found a substantial and material change in circumstances due to Mother having a two-year gross income exceeding $25,000, ordering her to pay $290 per month in child support. Mother appealed, arguing errors in the child support order and its calculation. The Court of Appeals affirmed the trial court's decision, holding that the circumstances justifying the original downward deviation in child support had changed and that child support is based on all income sources. The court also declined to address issues not raised at the trial court level.

Child support modificationPermanent Parenting PlanMaterial change in circumstancesIncome calculationMarital property distributionDisability and child supportAppellate review of family lawFinancial circumstancesMedical evidenceSpousal support as income
References
1
Case No. NO. 01-14-00350-CV
Regular Panel Decision
Jul 14, 2015

Thurman H. West v. Gwendolyn Meshalle West

Thurman H. West (Appellant) appealed the trial court's final decree in his divorce from Gwendolyn Meshalle West (Appellee). Thurman challenged the trial court's findings of intentional underemployment and child support obligations, characterization and distribution of marital property (specifically a house and certain bank accounts), and the award of Gwendolyn's attorney's fees. The appellate court affirmed the trial court's child support calculation, finding sufficient evidence of Thurman's net resources from salary, gifts, and allowances. It also affirmed the characterization of bank account funds as community property, as the church 'gifts' were considered income. However, the court reversed the trial court's characterization of the house as community property, ruling that Thurman's 2007 deed conveying his interest to the church became operative once Gwendolyn's homestead interest was divested by the divorce decree, thus removing it from the community estate. Additionally, the appellate court reversed the award of attorney's fees due to legally insufficient evidence of reasonableness. The case was remanded for a new division of the community estate and a redetermination of attorney's fees.

DivorceChild SupportProperty DivisionMarital EstateCommunity PropertySeparate PropertyHomesteadAttorney's FeesIntentional UnderemploymentTexas Family Law
References
28
Case No. 13-99-271-CV
Regular Panel Decision
Aug 30, 2002

West, Randy and Antonia West v. Maintenance Tool and Supply Co., Inc. and Rene Rodriguez, Individually and as Representative of Maintenance Tool and Supply Co., Inc.

The appellants, Randy and Antonia West, appealed a default summary judgment granted in favor of appellees, Maintenance Tool & Supply Co., Inc. and Rene Rodriguez. The claims at issue were workers' compensation retaliation and defamation, along with sanctions imposed against West's counsel. The appellate court affirmed the trial court's grant of summary judgment on the retaliation claim, finding that Maintenance Tool & Supply Co. established a legitimate, non-discriminatory reason for West's termination and that West had adequate notice of the hearing. The defamation claim was also affirmed for summary judgment due to judicial proceeding privilege. However, the court reversed the order imposing sanctions, ruling that the trial court abused its discretion by not providing notice and an evidentiary hearing as required by procedural rules before imposing sanctions.

Summary judgmentWorkers' compensation retaliationDefamationRule 13 sanctionsAbuse of discretionNotice of hearingMotion for new trialCausation employment lawJudicial proceeding privilegeAttorney conduct
References
35
Case No. 2015 NY Slip Op 09604
Regular Panel Decision
Dec 29, 2015

Maggio v. 24 West 57 PFF, LLC

Plaintiff Joseph Maggio, a drywall installer, was injured after falling from a scaffold staircase at a premises owned by 24 West 57 APF, LLC and leased by Ana Tzarev New York, LLC (ATNY). The scaffold, constructed by Atlantic Hoist & Scaffolding, LLC, had a modified staircase with plywood covering some steps, lacking anti-slip protection and having an irregular rise. Plaintiff attributed his fall to these conditions and the presence of construction debris. The Supreme Court initially denied summary judgment motions from defendants 24 West and ATNY, citing outstanding discovery, and later denied renewed motions. On appeal, the Appellate Division found 24 West and ATNY justified in bringing the second motion but denied their request for summary judgment on negligence and Labor Law § 200 claims due to factual questions regarding notice of the dangerous condition. The court also denied plaintiff's untimely cross-motion for partial summary judgment on his Labor Law § 240 (1) claim. The Appellate Division modified the lower court's order, granting ATNY conditional contractual indemnification against R&R, and otherwise affirmed the decision.

Summary JudgmentLabor Law § 200Labor Law § 240 (1)Common-Law NegligenceContractual IndemnificationCommon-Law IndemnificationScaffold AccidentConstruction Site InjuryPremises LiabilityAppellate Procedure
References
12
Case No. MISSING
Regular Panel Decision

State v. West

This case involves an appeal by William West, who was convicted of first-degree murder. The Tennessee Supreme Court granted review to scrutinize the sufficiency of the evidence. West claimed self-defense in the shooting of Sam Jones, alleging Jones attacked him with an iron bar. The court found ample evidence of malicious killing but insufficient proof of premeditation and deliberation required for first-degree murder. Consequently, the conviction was reduced to second-degree murder. The court also addressed the improper admission of character evidence regarding West's alleged prior threat to Jodie Copas, deeming it harmless error given the overwhelming evidence of malicious intent. Lastly, the jury instruction on concealment of evidence was found to be proper, and the challenge to the life sentence became moot due to the reduced conviction.

Criminal LawMurderFirst-degree murderSecond-degree murderSufficiency of evidencePremeditationDeliberationSelf-defenseCharacter evidenceAdmissibility of evidence
References
19
Case No. 03-14-00552-CV
Regular Panel Decision
Mar 06, 2015

Raghunath Dass, P.E. v. Texas Board of Professional Engineers

Appellant Raghunath Dass, PE, appeals sanctions imposed by the Texas Board of Professional Engineers (TBPE) for alleged violations of the Texas Engineering Practices Act. Dass asserts the TBPE lacked jurisdiction over the case facts and authority to amend its final order while under judicial review. He argues that the TBPE's amended final order is void because the agency modified a decision during judicial review. Additionally, Dass contends the TBPE lacks subject-matter jurisdiction to regulate construction material testing (CMT), which he argues is not "professional engineering." He also challenges the TBPE's authority to restrict competitive bidding for CMT and asserts that the 2005/2009 CME Policy Advisory Opinion, relied upon by the Board, is an invalid and unenforceable standard not promulgated under the Administrative Procedure Act. Finally, Dass argues that even if the testing was Construction Materials Engineering (CME), Naismith Engineering, not Dass, was the supervising engineer for the project.

Engineering RegulationProfessional ConductLicensing SanctionsAdministrative OverreachStatutory InterpretationPublic Works ProjectsRegulatory ComplianceJudicial OversightAgency Rules ValidityProfessional Responsibility
References
16
Case No. 2020 NY Slip Op 08000 [189 AD3d 681]
Regular Panel Decision
Dec 29, 2020

Matias v. West 16th Realty LLC

Jose Matias, an employee of a linen company, sustained injuries on premises owned by West 16th Realty LLC and leased to Grey Dog Chelsea Inc. He was struck on the head by a cellar door while climbing stairs from the restaurant's cellar. The Appellate Division, First Department, reversed the Supreme Court's order, granting summary judgment to defendant West 16th Realty LLC. The court determined that as an out-of-possession landlord, West 16th Realty LLC was not liable, as the lease did not mandate cellar door maintenance or repair, and no significant structural or design defect violating a specific statutory safety provision was present. The court also held that West 16th owed no duty under the Administrative Code of the City of New York regarding the sidewalk.

Out-of-possession landlordPremises liabilitySummary judgmentCellar door accidentStructural defectStatutory safety provisionLease obligationsAdministrative Code liabilityAppellate DivisionFirst Department
References
9
Case No. 2009-546, 118-B
Regular Panel Decision
Jan 18, 2013

West Star Transportation, Inc. v. Charles Robison and Cherie Robison

Charles Robison sustained a traumatic brain injury while working for West Star Transportation, Inc., a workers' compensation nonsubscriber, due to a fall from a high, uneven load he was tarping without adequate safety measures. Charles and his wife Cherie sued West Star for negligence in failing to provide a safe workplace. The jury found West Star negligent and awarded the Robisons over $5 million in damages. West Star appealed, challenging the sufficiency of evidence, the broad-form negligence question, and the summary judgment granted against its affirmative defense of settlement and breach of contract counterclaim. The appellate court affirmed the trial court's judgment, confirming the jury's findings on negligence and damages, and upholding the rejection of West Star's settlement arguments.

Workers' Compensation NonsubscriberNegligenceProximate CausePersonal InjuryDamagesTraumatic Brain InjurySafe Workplace DutySettlement AgreementRule 11 Texas Rules of Civil ProcedureLegal Sufficiency
References
29
Case No. 13-16-00346-CV
Regular Panel Decision
Sep 06, 2018

Fatih Ozcelebi, M. D. v. K. v. Chowdary, M. D., Individually and D/B/A Valley Gastroenterology Clinic, P. A.: Valley Gastroenterology Clinic P. A.

Appellant, Fatih Ozcelebi, M.D., appealed various rulings in a long-standing dispute with appellees K.V. Chowdary, M.D., and Valley Gastroenterology Clinic, P.A. (VGC). The case stemmed from an employment agreement with non-compete and liquidated damages clauses, which Dr. Ozcelebi allegedly breached by leaving VGC early and starting his own practice. Dr. Chowdary sued for breach of contract and fiduciary duty, while Dr. Ozcelebi filed counterclaims including RICO, ERISA, and others. The trial court granted special exceptions against Dr. Ozcelebi's pleadings for improper verification and subsequently granted summary judgments in favor of Dr. Chowdary. Additionally, Dr. Ozcelebi was sanctioned for failing to attend a court-ordered mediation with his attorney. The Court of Appeals affirmed all of the trial court's judgments and orders.

Employment LawContract DisputeNon-Compete AgreementLiquidated DamagesBreach of Fiduciary DutyCivil ProcedureSummary JudgmentDiscovery SanctionsMediation SanctionsERISA Preemption
References
50
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