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

Case No. M2019-00091-CCA-R3-CD
Regular Panel Decision
Jul 29, 2020

State of Tennessee v. Yancey Lee Williams, II

The case involves the appeal of Yancey Lee Williams II, who was convicted of first-degree premeditated murder and sentenced to life imprisonment. On appeal, Williams challenged the sufficiency of the evidence for premeditation, the trial court's self-defense instruction regarding the duty to retreat, alleged prosecutorial misconduct during closing arguments concerning religion and race, and the State's failure to provide pretrial documentation of a witness's statement. The appellate court reviewed all presented issues, including the sufficiency of evidence, the trial court's finding of unlawful activity in relation to self-defense, and the prosecutorial comments. Ultimately, the court found no reversible error and affirmed the judgment of the trial court.

Criminal LawMurderFirst Degree MurderPremeditated MurderSelf-DefenseJury InstructionsProsecutorial MisconductClosing ArgumentsRacial EpithetAccomplice Testimony
References
56
Case No. MISSING
Regular Panel Decision

Lee v. Lee

This is an appeal in a divorce case concerning Berta Margarita de Los Rios Lee (Wife) and Daniel Mark Lee (Husband). The wife was awarded custody of their minor son, William Alvaro Lee, after filing for divorce in Shelby County Chancery Court on grounds of inappropriate marital conduct. The husband appealed the trial court's decision regarding custody, division of a retirement account, and attorney fees. The appellate court affirmed the trial court's rulings on custody, division of marital property including retirement benefits, and the award of attorney fees to the wife. The court found that the husband waived several constitutional and due process arguments by not raising them at the trial court level. It also upheld the trial court's exercise of judicial discretion in issuing injunctions, temporary custody, and visitation orders. The case was remanded to the trial court for reconsideration of visitation arrangements due to a change in the child's school schedule.

DivorceChild CustodyVisitation RightsMarital Property DivisionAttorney FeesAppellate ReviewJudicial DiscretionParental RightsSpousal AbuseDue Process
References
30
Case No. MISSING
Regular Panel Decision

Lee v. Glessing

Plaintiff William Lee initiated a lawsuit against Charles Glessing and Palantine Nursing Home, alleging gender and disability discrimination under Title VII, ADA, and New York State Human Rights Law, along with claims of retaliation. Lee, a physical therapist, contended he endured sexual harassment from female co-workers and was wrongfully terminated due to his gender, a mental disability, and in response to his complaints. Defendants sought summary judgment, asserting non-discriminatory termination reasons, arguing Lee was an independent contractor, and disputing the existence of a hostile work environment. The court denied the defendants' motion for summary judgment, identifying unresolved factual disputes regarding the termination's true cause, Lee's employment status, and the claims of a hostile work environment and employer liability. Additionally, plaintiff's ADA claims were dismissed by stipulation of the parties.

Employment DiscriminationGender DiscriminationDisability DiscriminationSexual HarassmentHostile Work EnvironmentRetaliationSummary Judgment MotionTitle VIIAmericans with Disabilities Act (ADA)New York Human Rights Law
References
42
Case No. 05-14-01265-CV
Regular Panel Decision
Jul 20, 2015

Azeb Ruder v. William Jordan D/B/A William Davis Realty, William Davis Real Estate Services, LLC

Azeb Ruder appealed the denial of her motion to dismiss defamation claims filed by William Jordan d/b/a William Davis Realty, William Davis Real Estate Services, LLC d/b/a William Davis Realty, and Kathy Jabri. Ruder's motion was filed under the Texas Citizens’ Participation Act (TCPA) after she posted a negative review of Kathy Jabri's real estate services on Zillow. Appellees claimed Ruder's statements were defamatory, specifically regarding the property being 'Temp Off Market' for over 100 days against her wish, other realtors' opinions, and questioning Jabri's competence. The appellate court found Ruder met her burden under TCPA. However, appellees failed to establish a prima facie case for defamation because the alleged false statements were either substantially true (regarding the duration of the 'Temp Off Market' status) or non-actionable statements of opinion (regarding competence or mental state). The court reversed the trial court's order and dismissed the defamation claims, remanding for determination of costs and attorney's fees.

DefamationTexas Citizens' Participation ActTCPAFree SpeechReal Estate LawMotion to DismissAppellate ProcedurePrima Facie CaseSubstantial Truth DoctrineStatement of Opinion
References
22
Case No. 14-15-00787-CV
Regular Panel Decision
Sep 15, 2015

Berkel & Company Contractors, Inc. v. Tyler Lee and Leigh Ann Lee, Individually and as Next Friend of Sydney Rose Lee, Minor

This civil appeal originates from a personal injury jury trial. The appellant, Berkel & Company Contractors, Inc., is appealing a trial court judgment that awarded the appellees, Tyler Lee and Leigh Ann Lee, actual damages of $35,443,006.00 and punitive damages of $8,500,000.00. Key issues to be raised on appeal include the Workers' Compensation bar, election of remedies, intentional injury exception, and gross negligence, with de novo and sufficiency of the evidence as applicable standards for review.

Personal InjuryJury TrialMoney JudgmentAppellate LawWorkers' Compensation BarElection of RemediesIntentional Injury ExceptionGross NegligenceTexas Court of AppealsDamages Awarded
References
1
Case No. 4:87-CV-097-A
Regular Panel Decision
Jul 21, 1992

Lee Ex Rel. Estate of Lee v. Delta Air Lines, Inc.

Winston Lee sued Delta Air Lines for the wrongful death of his wife, Alyson Lee, a flight attendant who died in a 1985 plane crash in Texas. Lee alleged negligence and sought actual and exemplary damages. Delta moved for summary judgment, asserting that Florida's Workers' Compensation Law, which covered Alyson Lee as a Florida-based employee, provided the exclusive remedy. The court, applying Texas choice-of-law rules, determined that Florida had the most significant relationship to the employer-employee relationship and the specific issue of workers' compensation immunity. Finding that Florida's exclusive remedy provision did not violate Texas public policy, the court granted Delta's motion for summary judgment, denying plaintiff's claims and dismissing the action.

Workers' CompensationChoice of LawConflict of LawsSummary JudgmentExclusive RemedyAirplane CrashFlorida LawTexas LawEmployment RelationshipWrongful Death
References
21
Case No. 2021-08-0034
Regular Panel Decision
Feb 10, 2022

Williams, Linda (by Lawrence Williams, surviving spouse) v. Methodist Lebonheur Healthcare

This death claim involves Lawrence Williams, surviving spouse of Linda Williams, who contracted COVID-19 while employed by Methodist Lebonheur Healthcare. The primary dispute centered on the calculation of the maximum total death benefit. Methodist argued for a benefit capped at $184,918.50, based on Ms. Williams's weekly compensation rate. However, the Court, drawing on the precedent of Reynolds v. Free Serv. Tire Co. and interpretations of Tennessee Code Annotated, determined that the correct maximum total benefit was $447,300.00, calculated as 450 weeks times the state's average weekly wage. The Court found the reasoning in Reynolds persuasive, despite Methodist's objections regarding its citation status. Consequently, the Court ordered Methodist to pay Mr. Williams the higher death benefits.

Death ClaimWorkers' CompensationCOVID-19Surviving SpouseMaximum Total BenefitAverage Weekly WageStatutory InterpretationTennessee LawBenefit CalculationCase Precedent
References
5
Case No. MISSING
Regular Panel Decision

Williams v. Forbes

Joseph Patrick Williams was injured in a 1984 fall at the Armbrusters' property where William Forbes was a general contractor. Williams, who received workers' compensation benefits, sued Forbes and the Armbrusters. Forbes, having impleaded Williams's employers David Rowe and D. Rowe Home Improvements, sought to amend his answer to include a Workers' Compensation Law defense and moved for summary judgment, which the court denied, although it granted the Armbrusters' cross-motion for summary judgment. Forbes appealed the denial of his summary judgment motion. Williams subsequently moved to dismiss Forbes's appeal as untimely. The court denied Williams's motion, ruling that the 30-day appeal period under CPLR 5513(a) only begins when the appellant is served notice of entry by the prevailing party, not by co-defendants like the Armbrusters. Consequently, Forbes's appeal was deemed timely.

AppealTimeliness of AppealService of NoticeCPLR 5513Workers' Compensation DefenseSummary JudgmentMotion to DismissNassau CountyAppellate DivisionPrevailing Party
References
8
Case No. 03-22-00254-CV
Regular Panel Decision
Dec 07, 2022

Kirsten Hanna, Upside Up Properties, LLC, and Upside Up Ventures, Inc. v. M. Matthew Williams David Howell Law Firm of M. Matthew Williams Leighton, Williams, Adkinson, & Brown, PLLC And Leighton, Michaux, Adkinson, & Brown, PLLC

Kirsten Hanna and two LLCs appealed from a Travis County district court's orders dismissing their professional-negligence claims against their former attorneys, M. Matthew Williams, David Howell, and their associated law firms, under the Texas Citizens Participation Act (TCPA). The appellants also challenged the denial of their application for attorney's fees. The Court of Appeals affirmed the dismissal of Hanna's claims and the denial of her attorney's fees request. However, the court reversed the award of attorney's fees to the Williams Parties, finding the evidence of reasonableness and necessity to be legally insufficient, and remanded that specific issue for redetermination.

Professional NegligenceLegal MalpracticeTexas Citizens Participation ActTCPAAttorney's FeesCommercial Speech ExemptionDTPA ExemptionAnti-Fracturing RuleSummary JudgmentJudicial Estoppel
References
56
Case No. 11-06-00103-CV
Regular Panel Decision
Apr 03, 2008

Stephanie Williams A/K/A Stephanie Scholler and Tim Williams v. William Colthurst, Yuko Colthurst, WGW Properties, Inc. D/B/A Century 21 Advantage, Tom DeWitt, Century 21 Real Estate Corporation, and Felix Kauffman

This appeal stems from a landlord-tenant dispute. The landlords (Colthurst) initially sued the tenants (Williams) for unpaid rent and property damage. The tenants counterclaimed, alleging wrongful withholding of their security deposit and a premises liability claim after Mrs. Williams was sexually assaulted in the leased home. The trial court granted partial summary judgment to the landlords on the unpaid rent claim and a directed verdict on the premises liability claim, with the jury ruling in favor of the landlords on the remaining issues. On appeal, the tenants challenged multiple aspects of the trial court's judgment, including the summary judgment, the directed verdict, and the jury's findings regarding the security deposit and attorney's fees. The appellate court affirmed the trial court's judgment, finding no reversible error in the handling of the various claims and upholding sanctions against the tenants' counsel for an intrinsic fraud allegation.

Landlord-Tenant DisputeUnpaid RentProperty DamageSecurity DepositPremises LiabilitySexual AssaultDirected VerdictSummary JudgmentAttorney's FeesPrejudgment Interest
References
37
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