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Case No. ADJ4115739 (VNO 0487593)

Regular

ZACH WALZ vs. ARIZONA CARDINALS; RISK ENTERPRISE 2314 BREA

This Workers' Compensation Appeals Board case, concerning applicant Zach Walz against defendants Arizona Cardinals and Risk Enterprise, resulted in an order granting a petition for reconsideration. All future case-related communications are to be directed to the Commissioners' Office in San Francisco, pending the issuance of a Decision After Reconsideration. The order was dated and filed on October 11, 2001.

Workers' Compensation Appeals BoardPetition for ReconsiderationDecision After ReconsiderationCommissioners' OfficeADJ4115739VNO 0487593VNO 0487351VNO 0487591VNO 0487592Arizona Cardinals

References

Case No. 05-17-00486-CV

Regular Panel Decision

Jul 24, 2018

Kyani, Inc., Todd Thompson, Scott Boulch, Volker Hartzsch A/K/A Mark Davenport, Brandon Stevens, and James Bradford v. HD Walz II Enterprises, Inc.

Kyäni, Inc. and several individual distributors (Appellants) appealed the trial court's denial of their motion to compel arbitration against HD Walz II Enterprises, Inc. (Appellee). Walz, a Kyäni distributor, sued Kyäni and other distributors, alleging violations of the Texas Deceptive Trade Practices Act and tortious interference with business relationships. Appellants argued Walz agreed to a binding arbitration clause in an online Distributor Agreement. The appellate court found a valid arbitration agreement existed, supported by a General Counsel's affidavit, and determined Walz's claims against the other distributors fell within the scope of the arbitration agreement via direct-benefits estoppel. The court reversed the trial court's order and mandated that all disputes proceed to arbitration.

Arbitration AgreementOnline Contract FormationDirect-Benefits EstoppelTexas LawMotion to CompelDistributor AgreementAppellate ReviewAbuse of DiscretionScope of ArbitrationNon-signatory

References

Case No. 01-22-00396-CV

Regular Panel Decision

May 31, 2024

In Re C.J.S., a Child v. the State of Texas

This case is an appeal from a default final order in a child custody and paternity suit involving C.J.S. The father, Zach, appealed the Texas trial court's decision, which established jurisdiction under the UCCJEA, appointed joint managing conservators, awarded primary conservatorship to the mother, Victoria, and ordered supervised visitation for Zach. Zach also sought to set aside the default judgment due to his attorney's mistaken advice. The appellate court affirmed the trial court's exercise of jurisdiction and its orders regarding conservatorship and possession, finding Texas was C.J.S.'s home state. However, the court reversed and remanded the awards of attorneys' fees and appellate fees to Victoria due to insufficient evidentiary support.

UCCJEAChild CustodyHome State JurisdictionDefault JudgmentAttorney FeesAppellate FeesParental RightsPaternityConservatorshipSupervised Visitation

References

116

Case No. MISSING

Regular Panel Decision

Beastie Boys v. Monster Energy Co.

This case involves copyright infringement and Lanham Act claims by the hip-hop group Beastie Boys against Monster Energy Company for unauthorized use of a remix containing Beastie Boys songs in a promotional video. Monster, in turn, filed a third-party complaint against DJ Zach Sciacca (Z-Trip), who created the remix with the Beastie Boys' permission and furnished it to Monster. Monster alleged Z-Trip authorized unrestricted use of the remix and committed fraud by misrepresenting his authority to license the Beastie Boys' music. Z-Trip moved for summary judgment on Monster's claims. The Court granted Z-Trip's motion, finding no valid contract between Monster and Z-Trip due to lack of offer, acceptance, consideration, and clear terms, and also dismissed the fraud claim due to Monster's unreasonable reliance and lack of evidence of Z-Trip's fraudulent intent.

Copyright InfringementLanham ActNew York Civil Rights LawThird-Party ComplaintSummary JudgmentBreach of ContractFraudMisrepresentationMusic LicensingDJ Z-Trip

References

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ZACH WALZ vs. ARIZONA CARDINALS; RISK ENTERPRISE 2314 BREA

Workers' Compensation Appeals BoardPetition for ReconsiderationDecision After ReconsiderationCommissioners' OfficeADJ4115739VNO 0487593VNO 0487351VNO 0487591VNO 0487592Arizona Cardinals

Kyani, Inc., Todd Thompson, Scott Boulch, Volker Hartzsch A/K/A Mark Davenport, Brandon Stevens, and James Bradford v. HD Walz II Enterprises, Inc.

Arbitration AgreementOnline Contract FormationDirect-Benefits EstoppelTexas LawMotion to CompelDistributor AgreementAppellate ReviewAbuse of DiscretionScope of ArbitrationNon-signatory

In Re C.J.S., a Child v. the State of Texas

UCCJEAChild CustodyHome State JurisdictionDefault JudgmentAttorney FeesAppellate FeesParental RightsPaternityConservatorshipSupervised Visitation

Beastie Boys v. Monster Energy Co.

Copyright InfringementLanham ActNew York Civil Rights LawThird-Party ComplaintSummary JudgmentBreach of ContractFraudMisrepresentationMusic LicensingDJ Z-Trip