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

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

Hand v. Stevens Transport, Inc. Employee Benefit Plan

Jean and Howard Hand appealed the trial court's grant of summary judgment which dismissed their claims for health care benefits against the Stevens Transport, Inc. Employee Benefit Plan as time-barred. The Hands argued that the Plan's failure to comply with ERISA's notification requirements should invalidate or toll the contractual limitations period. The appellate court found that while the Plan's notice was non-compliant, it still provided reasonable notice of partial denial, and the Hands failed to exercise due diligence. The court concluded that the twenty-seven month contractual limitations period was reasonable and was not tolled by the Plan's ERISA non-compliance or the pursuit of administrative remedies. Therefore, the Hands' claims were barred, and the trial court's judgment was affirmed.

ERISAHealth Insurance BenefitsContractual Limitations PeriodStatute of LimitationsSummary JudgmentDenial of BenefitsEquitable TollingAdministrative RemediesNotice RequirementsEmployee Benefit Plan
References
19
Case No. MISSING
Regular Panel Decision

Campbell Cleaning & Dye Works, Inc. v. Porter

This case concerns an appeal regarding a lawsuit filed by Jack Porter and his wife against Campbell Cleaning & Dye Works, Inc. The plaintiffs sought 630 hours of overtime pay for Mrs. Porter, who worked as a laundress, under Article 5169 of Vernon’s Ann.Civ.Statutes. The defendant contended that recovery was not possible as Mrs. Porter also worked in the dry cleaning department, not exclusively the laundry. The trial court found the departments intermingled, making differentiation impossible. The appellate court affirmed the finding that the work fell under the statute but reversed the award of attorney's fees, deeming them non-recoverable.

Overtime PayLaundry IndustryDry CleaningEmployment LawWage DisputeStatutory InterpretationAttorney's FeesTexas Civil ProcedureAppeal DecisionWorker Classification
References
3
Case No. 2021 NY Slip Op 00461
Regular Panel Decision
Jan 28, 2021

Matter of Executive Cleaning Servs. Corp. v. New York State Dept. of Labor

Executive Cleaning Services Corporation and Cef Saiz, the petitioners, challenged a determination by the Commissioner of Labor, alleging they failed to pay prevailing wages for cleaning services provided to the Ossining Public Library. The Department of Labor initiated an investigation following an employee complaint and concluded that the contract was subject to the prevailing wage provisions of Labor Law article 9. Petitioners argued the library was not a 'public agency' as defined by Labor Law § 230 (3), thus exempting their contract from prevailing wage requirements. The Appellate Division, Third Department, ultimately agreed with the petitioners, finding that despite its public function and ties to the school district, the Ossining Public Library does not fit the statutory definition of a public agency under Labor Law § 230 (3). Consequently, the Commissioner's determination was annulled, the petition granted, and the action for declaratory judgment severed and remitted to the Supreme Court.

Prevailing Wage LawLabor Law Article 9Public Agency DefinitionOssining Public LibraryEducation CorporationCPLR Article 78 ProceedingDeclaratory Judgment ActionBuilding Service ContractsSchool District Public LibraryAdministrative Law
References
18
Case No. 04-21-00087-CV
Regular Panel Decision
Oct 12, 2022

Texas Commission on Environmental Quality and Post Oak Clean Green, Inc. v. Guadalupe County Groundwater Conservation District

In this interlocutory appeal, Post Oak Clean Green, Inc. and the Texas Commission on Environmental Quality (TCEQ) challenged the trial court's denial of their pleas to the jurisdiction. The underlying case was a declaratory judgment action filed by the Guadalupe County Groundwater Conservation District, seeking to interpret its Rule 8.1 against a municipal solid waste landfill permitted by TCEQ to Post Oak Clean Green, Inc. The appellate court concluded that the trial court lacked subject matter jurisdiction over the District's declaratory judgment action due to the redundant remedies doctrine. This was because the District had an ongoing administrative appeal challenging the TCEQ's permit approval for the same landfill. Consequently, the court reversed the trial court's order and dismissed the District's lawsuit, asserting that both legal avenues sought the same ultimate relief: to prevent the landfill's operation.

Interlocutory AppealPlea to the JurisdictionDeclaratory Judgment ActionRedundant Remedies DoctrineEnvironmental LawSolid Waste Disposal ActWater RightsGroundwater ConservationLandfill PermittingAdministrative Law
References
18
Case No. 2015-02-0209
Regular Panel Decision
Feb 08, 2016

Peters, James v. A Clean Connection, LLC.

In this interlocutory appeal, injured worker James Peters alleged a foot injury from a ladder fall while working for A Clean Connection, LLC. The employer disputed liability, claiming Peters was an independent contractor. The trial court determined Peters was an employee and awarded medical benefits. On appeal, the Workers' Compensation Appeals Board affirmed the trial court's finding of an employer-employee relationship but modified the order to remove the requirement for a causation opinion from Dr. Lord. The case was remanded for further proceedings consistent with the Board's decision.

Employee vs Independent ContractorWorkers' Compensation BenefitsFoot InjuryLadder FallCleaning Services IndustryMedical Benefits DisputeCausation OpinionInterlocutory AppealEmployer LiabilityWage Withholding
References
11
Case No. 14-19-00539-CV
Regular Panel Decision
Dec 22, 2020

Hand & Wrist Center of Houston, P.A. v. Lowery Masonry, LLC

Appellant Hand & Wrist Center of Houston, P.A. (HWC) appealed a summary judgment that denied it recovery from Appellee Lowery Masonry, LLC, on a guaranty agreement. Lowery's president had signed a "Letter of Guarantee" to ensure prompt medical treatment for an injured employee, Sandro Tovar, and to pay HWC's usual and customary fees. Lowery later argued an exception applied because it had workers' compensation insurance with Texas Mutual Insurance Company, leading the trial court to grant summary judgment. The appellate court determined that Lowery's interpretation of the exception was unreasonable as it would render the phrase "additional payment" meaningless within the contract. Consequently, the appellate court reversed the trial court's judgment and remanded the cause for further proceedings, concluding that Lowery had not conclusively established its entitlement to summary judgment.

Contract LawGuaranty AgreementSummary JudgmentWorker's Compensation InsuranceMedical BillingAppellate ReviewContract InterpretationTexas LawHarris CountyFourteenth Court of Appeals
References
25
Case No. MISSING
Regular Panel Decision

Local 32B-32J, Service Employees International Union v. Bradley Cleaning Contractors, Inc.

This case involves Local 32B-32J, Service Employees International Union, AFL-CIO (Union) petitioning to confirm an arbitration award against Bradley Cleaning Contractors, Inc. (Bradley). Bradley sought to vacate, remand, or stay the award's enforcement, arguing for deference to a pending NLRB unit clarification petition. The court, noting the NLRB's decision not to intervene, proceeded to address the merits. It found Bradley's challenges to the arbitrator's award, concerning damages for a period prior to the 1981 agreement and inclusion of pension and welfare fund contributions, to be meritless. The court concluded the arbitrator acted within the scope of the collective bargaining agreement, and therefore confirmed the award. Enforcement was stayed for ten days to allow Bradley to arrange collateral.

Arbitration AwardUnion DisputeCollective Bargaining AgreementFederal Arbitration ActLabor Management Relations ActNLRB JurisdictionStay of EnforcementCollateral RequirementJudicial ReviewArbitration Confirmation
References
6
Case No. 2025 NY Slip Op 01020 [235 AD3d 1124]
Regular Panel Decision
Feb 20, 2025

Matter of Clean Air Action Network of Glens Falls, Inc. v. Town of Moreau Planning Bd.

The case involves an appeal by Clean Air Action Network of Glens Falls, Inc. against the Town of Moreau Planning Board, Raymond Apy, and Saratoga Biochar Solutions, LLC. The appeal challenged a Supreme Court judgment that dismissed a CPLR article 78 proceeding, which sought to annul the Planning Board's negative declaration under the State Environmental Quality Review Act (SEQRA) and its approval of a site plan for a biosolids remediation and fertilizer processing facility. The Appellate Division, Third Department, reversed the lower court's decision, finding that the Planning Board failed to take a 'hard look' at the project's potential adverse impacts, particularly concerning hazardous air pollutant emissions. The court concluded that the Planning Board's unexplained deference to DEC permitting standards without a reasoned elaboration for its negative declaration was arbitrary and capricious, thus granting the petition and remitting the matter for further proceedings.

Environmental ImpactState Environmental Quality Review Act (SEQRA)Planning Board DeterminationHazardous Air PollutantsBiosolids RemediationSite Plan ApprovalNegative Declaration RescissionArbitrary and CapriciousAppellate DivisionJudicial Review
References
18
Case No. 03-14-00372-CV
Regular Panel Decision
Jan 06, 2015

Elizabeth A. White v. Clean Slate Service, Inc. D/B/A Servpro of North Austin

Appellant Elizabeth A. White filed suit for damages against Appellee Clean Slate Services, Inc. d/b/a Servpro of North Central Austin for alleged breach of contract related to water removal services. Appellant obtained a default judgment against Appellee, first for liability and then for damages totaling $4,850,000.00. Appellee filed a timely motion for new trial, asserting lack of service, which the trial court granted. Appellant then appealed the granting of the new trial. Appellee argues that the appellate court lacks jurisdiction because the order granting a new trial is not a final judgment, and alternatively, that the record contains sufficient evidence to support the trial court's decision.

Default JudgmentMotion for New TrialAppellate JurisdictionImproper ServiceBreach of ContractDamagesTrial Court Plenary PowerTexas Civil ProcedureAppellate ReviewVacate Judgment
References
5
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