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

Case No. 03-01-00491-CV
Regular Panel Decision
Apr 11, 2002

West Orange-Cove Consolidated Independent School District Coppell Independent School District La Porte Independent School District And Port Neches-Groves Independent School District v. Felipe Alanis, Texas Commissioner of Education The Texas Education Agency Carol Keeton Rylander, Texas Comptroller of Public Accounts And the Texas State Board of Education Alvarado I.S.D. Anthony I.S.D. Aubrey I.S.D. Bangs I.S.D.

Four Texas school districts, led by West Orange-Cove Consolidated Independent School District, appealed the dismissal of their action seeking a declaratory judgment that the state's school finance system is unconstitutional. The districts contended that the $1.50 tax cap had become a de facto floor, forcing them to tax at the maximum allowable rate to provide education, thereby constituting an unconstitutional state ad valorem tax. The appellate court affirmed the dismissal, ruling that the districts failed to state a viable cause of action because they did not allege they were forced to tax at the cap specifically to provide the constitutionally-mandated 'accredited education.' The court also found the claim unripe, emphasizing that the focus should be on whether the state's requirements forced a lack of meaningful discretion in setting tax rates for an accredited education, not on a desired level of education or the number of districts taxing at the cap.

School Finance ReformConstitutional ChallengeAd Valorem TaxationEducation FundingDeclaratory JudgmentAppellate JurisdictionRipeness DoctrineTexas Constitution Article VII, Section 1Texas Constitution Article VIII, Section 1-eProperty Tax Cap
References
30
Case No. 03A01-9902-CH-00077
Regular Panel Decision
Jul 13, 1999

Natl. Gas Dist. v. Sevier Co. Utility

The Tennessee Court of Appeals addressed a challenge brought by National Gas Distributors against Sevier County Utility District and the State Attorney General. The plaintiff contested a statutory amendment that permitted utility districts, including the defendant, to sell propane, arguing it violated due process and equal protection under both state and federal constitutions. The court affirmed the dismissal of the complaint, ruling that National Gas Distributors lacked standing to challenge classifications among utility districts and failed to demonstrate discriminatory intent or a lack of rational basis for the statute concerning private propane dealers. The decision upheld the legislature's authority to enable utility districts to provide propane services.

Utility LawPropane SalesConstitutional ChallengeDue ProcessEqual ProtectionStanding DoctrineLegislative AuthorityUtility DistrictsUnfair CompetitionStatutory Amendment
References
23
Case No. Nos. 01-04-01277-CV to 01-04-01287-CV; 01-04-01326-CV to 01-04-01333-CV
Regular Panel Decision
Jan 26, 2006

Jim Wells County v. EL PASO PRODUCTION OIL

This case involves multiple Texas counties and school districts (Taxing Units) alleging fraud and conspiracy against numerous oil and gas companies (Oil Companies). The Taxing Units claimed the Oil Companies undervalued oil and gas reserves for ad valorem tax purposes through various manipulative schemes, leading to underpayment of taxes. The trial court dismissed the lawsuits due to lack of subject-matter jurisdiction, asserting that the Taxing Units failed to exhaust administrative remedies available under the Texas Tax Code. The Court of Appeals affirmed the dismissal, holding that the Tax Code provides a comprehensive and exclusive regulatory scheme for addressing property appraisal disputes, including those involving alleged fraud, through the Appraisal Review Board, thereby divesting district courts of original jurisdiction.

Property TaxAd Valorem TaxOil & GasFraudConspiracyUndervaluationExclusive JurisdictionAdministrative RemediesAppraisal Review BoardTax Code
References
17
Case No. 1:11-CV-330
Regular Panel Decision

Hamilton County Emergency Communications District v. Bellsouth Telecommunications, LLC

The case concerns multiple Emergency Communications Districts (ECDs) in Tennessee, led by Hamilton County ECD, suing BellSouth Telecommunications, LLC (d/b/a AT&T Tennessee) for allegedly under-billing, under-collecting, and under-remitting 911 emergency service charges. The plaintiffs asserted claims including violations of the Tennessee False Claims Act, the Emergency Communications District Law (ECD Law), breach of fiduciary duty, various misrepresentation claims (fraudulent, negligent, and concealment), and common law negligence, also seeking declaratory and injunctive relief. The court granted in part and denied in part the defendant's motion to dismiss, specifically dismissing claims related to the ECD Law (Count II) and negligence/negligence per se (Count VII). However, it allowed the False Claims Act, breach of fiduciary duty, misrepresentation, and declaratory/injunctive relief claims to proceed. The court also denied the plaintiffs' motion for partial summary judgment, deeming it premature.

911 Emergency ServicesTelecommunicationsTennessee False Claims ActEmergency Communications District LawBreach of Fiduciary DutyFraudulent MisrepresentationFraudulent ConcealmentNegligent MisrepresentationDeclaratory JudgmentPermanent Injunction
References
51
Case No. M2023-00812-COA-R3-CV
Regular Panel Decision
Aug 26, 2024

Stephanie Garner v. State of Tennessee, and its agency, Tennessee Department of Correction

Plaintiff Stephanie Garner sued the State of Tennessee and its agency, the Tennessee Department of Correction, alleging disability discrimination for refusal to hire. A jury found in Garner's favor, awarding $10,000 for lost wages and $5,000 in compensatory damages. Garner's counsel then sought nearly $700,000 in attorney fees, which the trial court reduced by 25% to $511,620. The Department appealed the fee award, arguing it was excessive and based on an incorrect legal standard. The Court of Appeals vacated the attorney fee award and remanded the case, citing the trial court's failure to provide clear and thorough explanations for its decision based on the factors outlined in Tennessee Supreme Court Rule 8, RPC 1.5.

Disability DiscriminationAttorney FeesAppellate ReviewJudicial DiscretionTennessee Disability ActRule of Professional Conduct 1.5Excessive BillingVacate and RemandProportionality ArgumentLegal Standards
References
68
Case No. 2021-08-0717
Regular Panel Decision
Aug 30, 2024

Phillips, Michael v. Western Express, Inc.

Michael S. Phillips, the employee, appealed the trial court's order granting summary judgment to Western Express, Inc., the employer, and dismissing his case. Phillips, an Oklahoma resident, sustained work-related injuries in 2020 while working for the Tennessee-based trucking company. He initially pursued a claim in Oklahoma, which was dismissed, before filing petitions in Tennessee. The employer argued that Tennessee's election of remedies doctrine barred the Tennessee claim due to the prior active pursuit in Oklahoma. The Appeals Board affirmed the trial court's decision, concluding that Phillips's active pursuit of a workers' compensation claim in Oklahoma, which had jurisdiction, precluded his subsequent claim in Tennessee.

election of remediessummary judgmentworkers' compensation claimOklahoma jurisdictionTennessee jurisdictionclaim dismissalpro se appellantwork-related injurytrucking companyappeals board decision
References
8
Case No. E2003-01685-COA-R3-CV
Regular Panel Decision
May 26, 2004

Randall C. Hagy v. Commisssioner, Tennessee Department of Labor and Workforce Development and Tennessee Distribution, Inc.

Randall C. Hagy was discharged from his employment with Tennessee Distribution, Inc. after refusing to handle materials he deemed offensive to his religious beliefs. The Commissioner of the Tennessee Department of Labor and Workforce Development denied Hagy unemployment benefits, a decision subsequently affirmed by the Chancery Court for Sullivan County. Hagy appealed to the Court of Appeals of Tennessee, raising issues concerning the evidentiary support for the decision, alleged procedural violations of his right to a jury trial, and violations of his constitutional rights, including freedom of religion. The Court of Appeals affirmed the trial court's decision, finding substantial and material evidence supported the Board's conclusion that Hagy was discharged for misconduct due to his refusal to perform job duties. The court also determined that the unemployment compensation law was a neutral and generally applicable law, thus not violating Hagy's free exercise of religion, and declined to address the jury trial issue as it was not raised in the lower court.

Unemployment CompensationReligious DiscriminationEmployee MisconductRefusal to WorkFreedom of ReligionAppellate ReviewSubstantial EvidenceAdministrative LawChancery CourtCourt of Appeals
References
9
Case No. No. 22-0620
Regular Panel Decision
Jun 21, 2024

Texas Disposal Systems Landfill, Inc. v. Travis Central Appraisal District, by and Through Marya Crigler, Acting in Her Official Capacity as Chief Appraiser of Travis Central Appraisal District

The dissenting opinion in Texas Disposal Systems Landfill, Inc. v. Travis Central Appraisal District challenges the majority's interpretation of Texas Tax Code Section 42.02(a)(1) regarding property tax appraisal appeals. Justice Boyd argues that limitations on such appeals are jurisdictional and that a district court's review of an appraisal review board order should not be confined solely to the grounds raised in the property owner's initial protest. The dissent asserts that the Tax Code and Texas Constitution mandate that appraised values must reflect both "equal and uniform" taxation and the property's "market value," and therefore, the district court should be able to address market value even if not initially protested. The dissent concurs with the majority's decision to affirm the court of appeals' judgment but disagrees with the prohibition on the district court addressing the market-value issue on remand. Consequently, Justice Boyd respectfully dissents in part.

Property TaxAppraisal LawJurisdictional LimitsMarket ValueEqual and Uniform TaxationDe Novo ReviewAdministrative RemediesTexas Tax CodeTexas ConstitutionJudicial Review
References
23
Case No. M2013-01235-COA-R3-CV
Regular Panel Decision
Jul 07, 2014

Kimberly A. Sparkman v. Burns Phillips, Commissioner, Tennessee Department of Labor And Workforce Development, and First Tennessee Bank, N. A.

This appeal concerns the denial of unemployment compensation benefits to Kimberly A. Sparkman. She was terminated from her employment at First Tennessee Bank, N.A., for refusing an alcohol test after her supervisors detected alcohol on her. Sparkman had previously been warned that refusal to take such a test would result in termination. The Tennessee Department of Labor and Workforce Development, the Appeals Tribunal, the Board of Review, and the Chancery Court all found her refusal to constitute work-related misconduct, thereby disqualifying her from benefits. The Court of Appeals of Tennessee affirmed the lower court's decision, holding that the smell of alcohol provided a reasonable basis for the test request and that her refusal, despite prior warning, was work-related misconduct under state law.

unemployment benefitsworkplace misconductalcohol testingrefusal to testemployment terminationjudicial reviewadministrative decisionTennessee lawappellate reviewreasonable suspicion
References
13
Case No. MISSING
Regular Panel Decision

Western Elec. Co., Inc. v. COMMUNICATIONS WKRS., ETC.

This action involves Western Electric Company's motion for summary judgment to vacate a labor arbitrator's opinion and award, and Communications Workers of America's (CWA) cross-motion for compliance. The dispute arose from Western Electric's unilateral changes to travel compensation routes for its installers in the New York area, which CWA argued violated a collective bargaining agreement and a local understanding. The arbitrator ruled in favor of CWA, concluding that Western Electric was estopped from making the revisions due to misrepresentations made during negotiations. The District Court, exercising a narrow scope of review, found that the arbitrator's award drew its essence from the collective bargaining agreement and past practices, ultimately denying Western Electric's motion and enforcing the arbitrator's decision.

Labor DisputeCollective BargainingArbitration AwardSummary JudgmentContract InterpretationEstoppelTravel CompensationRoute RevisionsUnion NegotiationsPast Practice
References
17
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