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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

MacHinery Sales Co. v. Diamondcut Forestry Products, LLC

Machinery Sales Co., Inc. filed an action for rescission of a contract to purchase a chip mill, alleging fraudulent misrepresentation by Diamondcut Forestry Products, LLC, Columbia Trading, Inc., and Champion International Corporation regarding the mill's value and included items. Following a bench trial, the court found no fraud and entered judgment for the defendants. Machinery Sales appealed, presenting issues concerning fraudulent inducement, agency imputation, entitlement to rescission, and damages. The appellate court affirmed the trial court's judgment, concluding that the evidence did not preponderate against the finding that defendants did not fraudulently induce the contract.

Rescission of ContractFraudulent MisrepresentationChip Mill SaleContract DisputeBench TrialAppellate ReviewAffirmed JudgmentTennessee LawReal Estate AppraisalAgency Law
References
10
Case No. MISSING
Regular Panel Decision

Holick v. Cellular Sales of New York, LLC

Plaintiffs, a group of Sales Representatives, initiated an action against defendants Cellular Sales of Knoxville, Inc. and Cellular Sales of New York, L.L.C., alleging violations of the Fair Labor Standards Act (FLSA) and New York State Labor Law. They claimed misclassification as independent contractors, which led to a deprivation of guaranteed compensation, including minimum wage and overtime. Defendants responded with motions to dismiss for lack of subject matter jurisdiction and personal jurisdiction, and alternatively, to compel mediation/arbitration based on clauses in the sales agreements. The Court denied the motion to dismiss for lack of subject matter jurisdiction, affirming its power to adjudicate FLSA claims. However, it granted the defendants' motion to compel arbitration, determining that the mediation clauses were valid, unwaived, and that FLSA claims are arbitrable under federal law, leading to the dismissal of the complaint without prejudice. All other pending motions, including plaintiffs' request for conditional collective action certification, were subsequently denied as moot.

FLSALabor LawMisclassificationIndependent ContractorCollective ActionArbitrationMediationSubject Matter JurisdictionPersonal JurisdictionRule 12(b)(1)
References
28
Case No. MISSING
Regular Panel Decision

Rodriguez v. Lockhart Contracting Services, Inc.

Appellant Leonardo Rodriguez appealed a summary judgment granted in favor of Lockhart Contracting Services, Inc. in a suit concerning the exclusive remedy provision of the Texas Workers’ Compensation Act. Rodriguez was injured while working and asserted negligence claims against Lockhart Contracting, arguing he was not an employee of Prime Source, the Professional Employer Organization (PEO) Lockhart Contracting had a co-employment agreement with. The appellate court identified a genuine issue of material fact regarding Rodriguez's employment status with Prime Source, as he had not completed the necessary employment paperwork. Consequently, the court reversed the trial court's judgment, which had barred Rodriguez's suit based on the exclusive remedy provision, and remanded the case for further proceedings.

Workers' Compensation DisputeExclusive Remedy DefenseProfessional Employer Organization LiabilityCo-employment RelationshipSummary Judgment AppealTexas Labor Code ComplianceWorkplace Injury ClaimAppellate Review StandardFactual DisputeNegligence Action
References
45
Case No. 03-99-00265-CV
Regular Panel Decision
Apr 27, 2000

Ford Motor Company Freightliner Truck Corporation Sterling Truck Corporation Metro Ford Truck Sales, Inc. And Daniel H. Foley, Jr./Motor Vehicle Board of the Texas Department of Transportation v. Motor Vehicle Board, Texas Department of Transportation/Metro Ford Truck Sales, Inc. Daniel H. Foley, Jr. Freightliner Truck Corporation Sterling Truck Corporation And Ford Motor Company

This case involves an appeal from a district court judgment concerning an order from the Motor Vehicle Board of the Texas Department of Transportation. The dispute originated from Ford's proposed termination of Metro Ford Truck Sales, Inc.'s franchise due to alleged abuse of Ford's Competitive Price Assistance (CPA) program, where Metro misrepresented customer names to obtain higher discounts. The Board found good cause for termination but imposed a conditional termination remedy requiring the sale of Metro's dealership. The Court of Appeals affirmed the termination for good cause, the refusal to transfer the dealership to Eileen Beard, and the denial of Ford's requested chargeback expenses. However, it reversed and remanded the district court's affirmation of the Board's conditional termination remedy, finding it unlawful.

Franchise TerminationDealer FraudCPA Program AbuseStatutory InterpretationAdministrative LawMotor Vehicle BoardEquitable EstoppelGood Cause TerminationAppellate ReviewJudicial Discretion
References
33
Case No. MISSING
Regular Panel Decision
Aug 16, 2006

Superior Ice Rink, Inc. v. Nescon Contracting Corp.

The plaintiff contracted with Nescon Contracting Corp. for painting services and required to be named an additional insured under Nescon's liability policy. Nescon's insurance broker, Seigerman-Mulvey Company, Inc., issued a certificate indicating plaintiff was an additional insured, but the insurer, Merchants Mutual Insurance Company, later disclaimed coverage after workers were injured on the plaintiff's premises. The plaintiff sued Seigerman-Mulvey for breach of contract, alleging third-party beneficiary status. The Supreme Court denied Seigerman-Mulvey's motion to dismiss the complaint. However, the appellate court reversed, granting the motion to dismiss, holding that the plaintiff was not in privity of contract with Seigerman-Mulvey, was owed no duty by them, and failed to establish itself as an intended third-party beneficiary or demonstrate fraud, collusion, or other special circumstances for recovery.

Breach of ContractInsurance Broker LiabilityThird-Party BeneficiaryMotion to DismissAdditional InsuredPrivity of ContractAppellate ReviewInsurance Coverage DisclaimerCPLR 3211(a)(7)Pecuniary Loss
References
4
Case No. 2019-03-1017; 46052-2019
Regular Panel Decision
Mar 18, 2020

Friend, Kenneth v. Staples Contract and Commercial, LLC

The employee, Kenneth Friend, a sales manager, suffered a right knee injury while performing work activities over June 19-20, 2019, which was diagnosed as a meniscal tear requiring surgery. The employer, Staples Contract and Commercial, LLC, denied the claim, arguing the injury was acute and not a compensable gradual injury by specific incident. The trial court ordered medical benefits and surgery but denied temporary disability benefits, leading both parties to appeal. The Appeals Board affirmed the trial court's decision, finding the employee's injury arose from a "set of incidents" identifiable by time and place, thus meeting the statutory definition for a compensable accidental injury. The Board also upheld the denial of temporary disability benefits due to the employee's waiver for certain weeks and work for his family's business.

Workers' CompensationKnee InjuryMeniscal TearAcute InjurySet of IncidentsTemporary Disability BenefitsMedical BenefitsExpedited HearingAppellate ReviewTennessee Law
References
6
Case No. MISSING
Regular Panel Decision

Hartman v. Bell

This case involves an appeal concerning a contract for the sale of a medical practice. A plaintiff physician agreed to sell his practice to defendant physicians, with payment contingent on a percentage of industrial medicine income over three years, including a minimum payment, and further payments for six months thereafter. The Supreme Court, Queens County, granted the defendants' cross motion for summary judgment, dismissing the complaint against them. The appellate court affirmed this decision, finding the agreement constituted an illegal fee-splitting arrangement under Education Law § 6509-a. The court emphasized that the law would not provide relief to parties involved in illegal arrangements, upholding public policy.

Fee-splittingMedical Practice SaleBreach of ContractSummary JudgmentUnjust EnrichmentPublic PolicyIllegal ContractProfessional Medical GroupAppellate DecisionContract Law
References
3
Case No. MISSING
Regular Panel Decision

A&V 425 LLC Contracting Co. v. RFD 55th Street LLC

Plaintiff A&V 425 LLC Contracting Co. sought to foreclose upon 76 mechanic’s liens filed against condominium units and asserted claims for breach of contract and quasi-contractual remedies. The defendants, including RFD 55th Street LLC and individual unit owners, moved to discharge the liens and dismiss the causes of action. The court granted the motion to dismiss all four causes of action. The mechanic's liens were found invalid under Lien Law § 13 (5) as the deeds of conveyance to third-party purchasers contained the required trust fund provision and were recorded before the liens were filed. The breach of contract claim against non-parties was dismissed due to lack of privity and insufficient allegations for piercing the corporate veil. The quasi-contractual claims were also dismissed as a valid written contract existed covering the disputed subject matter.

Mechanic's LiensLien LawMotion to DismissBreach of ContractQuasi-ContractQuantum MeruitUnjust EnrichmentCorporate Veil PiercingPrivity of ContractConstruction Law
References
17
Case No. 05-15-00837-CV
Regular Panel Decision
Jul 26, 2016

J&M Sales of Texas, LLC v. Anette H. Sams

Anette H. Sams sued J&M Sales of Texas, LLC for negligence after sustaining an injury from a falling shelf in a retail store. Sams secured a default judgment for $45,350.79 against J&M Sales. J&M Sales subsequently moved for a new trial, asserting that their failure to file an answer was not intentional or due to conscious indifference, that they possessed a meritorious defense based on Sams's potential contributory negligence, and that a new trial would not cause undue delay or injury to Sams. The trial court denied this motion. The Court of Appeals reversed the trial court's decision, concluding that J&M Sales had successfully met all three elements of the Craddock standard for granting a new trial, and remanded the case for further proceedings.

Negligence ClaimDefault JudgmentMotion for New TrialAbuse of DiscretionCraddock StandardMeritorious DefenseConscious IndifferenceContributory NegligenceAppellate ReviewTexas Civil Procedure
References
9
Case No. MISSING
Regular Panel Decision

Doynow Sales Associates, Inc. v. Rocheux International of New Jersey, Inc.

Plaintiff Doynow Sales Associates, Inc. (DSA) brought an action against Rocheux International of New Jersey, Inc., alleging breach of contract for reducing DSA's sales commissions on two large accounts, Swimline and Latham, and for converting these into 'house accounts.' Both parties filed cross-motions for summary judgment. DSA argued that the Sales Representative Agreement did not permit Rocheux to unilaterally alter commission rates or remove accounts. Rocheux contended it had the right to establish sales policies and that commission rates were subject to mutual agreement and account profitability, evidenced by DSA's past conduct. The court found the terms of the Agreement regarding 'necessity' for commission reductions and the ability to remove accounts to be ambiguous. Due to this ambiguity and conflicting extrinsic evidence regarding the parties' intent and subsequent conduct, the court concluded that genuine issues of material fact existed. Consequently, both parties' summary judgment motions were denied, and the case is to proceed to trial.

Contract LawSales CommissionBreach of ContractSummary Judgment MotionContract InterpretationSales Representative AgreementAccount ReassignmentMutual AgreementCourse of PerformanceExtrinsic Evidence
References
92
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