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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

Household Credit Services, Inc. v. Driscol

This case involves an appeal from a jury verdict in favor of Albert and Marianne Driscol against Allied Adjustment Bureau and Household Credit Services, Inc. for aggressive debt collection practices. The Driscols alleged various causes of action, including unreasonable debt collection, negligence, intentional infliction of emotional distress, and invasion of privacy. The appellate court reformed the initial $11.7 million judgment, upholding Marianne Driscol's recovery for invasion of privacy but reversing Albert Driscol's damages due to insufficient evidence of mental anguish. The court also reduced the exemplary damages awarded against both Household and Allied.

Debt Collection PracticesInvasion of PrivacyIntentional Infliction of Emotional DistressAgency LiabilityExemplary DamagesActual DamagesMental AnguishLost WagesFactual SufficiencyLegal Sufficiency
References
60
Case No. MISSING
Regular Panel Decision

Reyna v. Safeway Managing General Agency for State & County Mutual Fire Insurance Co.

This appeal addresses a judgment against Reyna Insurance Agency entities for failing to forward suit papers, leading to a default judgment against Juan Antonio Alvarado. The appellate court reviewed several issues raised by the Reynas, including the award of breach of contract damages, settlement credits, and sanctions. The court reversed the trial court's award of breach of contract damages to the Ledesmas and the Rule 13 sanctions against the Reynas. It also modified the judgment to grant the Reynas a settlement credit for $75,000 paid by Safeway. The remainder of the trial court's judgment, including findings on mental anguish and DTPA/Insurance Code violations, was affirmed.

Insurance LawDTPAInsurance CodeBreach of ContractFiduciary DutyDefault JudgmentSettlement CreditRule 13 SanctionsMental AnguishProducing Cause
References
0
Case No. 01-22-00712-CV
Regular Panel Decision
Sep 17, 2024

Ernest Polk v. Texas Office of Consumer Credit Commissioner

Ernest Polk, a Financial Examiner I, was terminated by the Texas Office of Consumer Credit Commissioner (OCCC) for alleged misuse of his state credit card. Polk sued OCCC for race discrimination, retaliation, and hostile work environment, claiming his promotion was delayed and termination was retaliatory after he reported racial discrimination. The trial court granted OCCC's Plea to the Jurisdiction, dismissing his claims. The appellate court affirmed, finding Polk failed to establish a causal link or pretext for his retaliation claim, did not exhaust administrative remedies for his race discrimination termination claim, and the alleged harassment was not severe or pervasive enough for a hostile work environment claim.

Employment DiscriminationRetaliationRace DiscriminationHostile Work EnvironmentSovereign ImmunityAdministrative RemediesPlea to the JurisdictionCredit Card MisuseFailure to PromotePrima Facie Case
References
68
Case No. 2019 NY Slip Op 04295 [172 AD3d 655]
Regular Panel Decision
May 30, 2019

Capital Bus. Credit LLC v. Tailgate Clothing Co., Corp.

The Appellate Division, First Department, affirmed a Supreme Court order regarding a dispute between Capital Business Credit LLC (plaintiff) and Tailgate Clothing Company, Corp. (defendant). Plaintiff purchased accounts receivable from a nonparty related to clothing manufacturing. Defendant paid some invoices but left 12 outstanding. Defendant claimed an equitable recoupment credit for payments made to the Worker Rights Consortium (WRC) for severance pay to Honduran workers, which became due after the manufacturer violated local law by not paying severance. The Court found issues of fact precluding summary judgment on the account stated claim and correctly sustained the equitable recoupment defense, noting it was based on transactions linked to the defendant's licensing and manufacturing agreements. The court also rejected plaintiff's waiver and estoppel arguments.

Equitable recoupmentAccount stated claimSummary judgmentAccounts receivableBreach of contractTimeliness of objectionLicensing agreementManufacturing agreementHonduran labor lawSeverance pay
References
6
Case No. 14-06-00651-CV
Regular Panel Decision
Jun 04, 2009

Texas Mutual Insurance Company v. P. Lance Morris

Texas Mutual Insurance Company (carrier) appealed a final judgment in favor of workers' compensation claimant P. Lance Morris. Morris sued Texas Mutual for bad faith and violations of the Texas Insurance Code after the company initially preauthorized his back surgery but then disputed the claim. Texas Mutual also counterclaimed for fraud. The jury found Texas Mutual engaged in unfair/deceptive acts and knowingly violated the Texas Insurance Code, awarding damages for mental anguish and loss of credit reputation, plus additional damages. On appeal, the court found legally sufficient evidence to support the jury's findings of unfair practices and knowing violation, as well as mental anguish damages. However, the court found insufficient evidence for damages to credit reputation, reducing the actual and additional damages accordingly, and remanding the issue of attorney's fees and interest for recalculation. The court affirmed the remainder of the trial court's judgment.

Insurance Code ViolationUnfair Settlement PracticesReasonable InvestigationKnowing ViolationMental Anguish DamagesCredit Reputation DamagesBad Faith ClaimCausal ConnectionPre-existing ConditionDamages Recalculation
References
39
Case No. MISSING
Regular Panel Decision
Jan 08, 1999

Anderson v. Conwood Co.

The plaintiffs, Anderson and Hollingsworth, filed suit against defendant Conwood for violations of the Fair Credit Reporting Act (FCRA), alleging improper acquisition of their credit reports for litigation. A jury awarded each plaintiff $2,000,000 in compensatory damages and $3,500,000 in punitive damages. Conwood subsequently moved for judgment as a matter of law, a new trial, or a remittitur of damages, arguing the verdict was excessive and driven by passion and prejudice. The court granted Conwood's motion for remittitur, reducing each plaintiff's compensatory award to $50,000 and entirely vacating the punitive damages award due to a lack of evidentiary foundation. The court denied Conwood's motions for a new trial and judgment as a matter of law.

Fair Credit Reporting ActFCRAPunitive DamagesCompensatory DamagesRemittiturJury VerdictExcessive DamagesDue ProcessSixth CircuitDistrict Court
References
21
Case No. MISSING
Regular Panel Decision

Sims v. Stewart

William Kenneth Sims, a Deputy Sheriff, was injured in 1993 after being struck by Eddie Stewart's vehicle. Sims and his wife, Edna, sought damages under their uninsured/underinsured motorist (UM) policy with Tennessee Farmers Mutual Insurance Company (TFMIC). The core dispute was over whether TFMIC could credit the full $61,862.57 in workers' compensation benefits paid to Sims, or that amount minus the $25,000 settlement Sims received from Stewart's liability insurer. The trial court ruled TFMIC was entitled to a credit of $36,862.57 ($61,862.57 - $25,000) and ordered TFMIC to pay Sims $63,137.43. The appellate court found that the issue of damages was not properly assessed by the trial court, as the stipulation covered everything but damages, which is crucial for determining the reduction. Therefore, the appellate court vacated the trial court's judgment and remanded the case for further proceedings to determine the amount of damages Sims is entitled to and then apply the policy reductions.

uninsured motorist coverageunderinsured motorist coverageworkers' compensation offsetinsurance policy interpretationsubrogation rightsdamages assessmentcredit calculationappellate reviewtrial court errorcase remand
References
5
Case No. MISSING
Regular Panel Decision

Nancy Alanis v. US Bank National Association as Successor Trustee to Bank of America National Association, as Successor by Merger to One LaSalle Bank, N.A. as Trustee for the MLMI Trust Series 2006-HE6

Nancy Alanis sued U.S. Bank National Association, BAC Home Loans Servicing, L.P., and The Law Offices of Mann & Stevens for fraud and violations of debt collection statutes related to the foreclosure of her San Antonio property. Following a jury trial, Alanis was awarded damages against U.S. Bank for Texas Fair Debt Collection Practices Act (FDCPA) violations and against BAC for common-law fraud, including attorney's fees, while Mann & Stevens received a take-nothing judgment. On appeal, Alanis challenged the denial of declaratory judgments, the granting of JNOV for Mann & Stevens, and the reduction of her damages due to settlement credits and comparative liability. U.S. Bank and BAC cross-appealed the damages for out-of-pocket expenses and attorney's fees. The appellate court affirmed the trial court's JNOV for Mann & Stevens and the application of comparative responsibility and settlement credit, but reversed the award of out-of-pocket damages and attorney's fees to Alanis, resulting in a net recovery of $0 for Alanis from U.S. Bank and BAC.

ForeclosureHome Equity LoanFraudDebt CollectionFDCPA ViolationTexas Finance CodeTexas Property CodeAppellate DecisionJury Verdict ReviewComparative Liability
References
48
Case No. MISSING
Regular Panel Decision

Texas Mutual Insurance Co. v. Morris

P. Lance Morris, a workers' compensation claimant, sued Texas Mutual Insurance Company, alleging bad faith and violations of the Texas Insurance Code for failing to properly investigate and delaying benefits for his spinal injury sustained in 2000, which required surgery in 2003. The jury found Texas Mutual liable for unfair practices, including knowing violations, and awarded damages for mental anguish and loss of credit reputation. On appeal, the court found legally sufficient evidence to support findings of knowing violations and mental anguish damages, but no evidence for loss of credit reputation. Consequently, the judgment was modified to reduce actual and additional damages, with attorney's fees remanded for recalculation. The remainder of the judgment was affirmed.

Insurance Bad FaithUnfair Settlement PracticesTexas Insurance Code ViolationsWorkers' Compensation BenefitsMental Anguish DamagesCredit Reputation DamagesAppellate ReviewLegal Sufficiency of EvidenceJury InstructionsStatutory Interpretation
References
37
Case No. 14-05-00845-CV
Regular Panel Decision
Mar 29, 2007

Nova Information Systems Inc. v. Nidhi and Roneil Inc. D/B/A PIC N PAC

Appellee Nidhi and Roneil, Inc. entered a contract with Nova Information Systems, Inc. and Brian Sowada for credit card processing for their convenience store. Appellants failed to properly program the credit card machines, leading to appellee's funds being routed to a third party and a loss of $4,938.83 in credit card charges. This material breach forced the closure of the store and resulted in a $20,000 loss on their initial investment of $120,000. The trial court entered a judgment in favor of the appellee. On appeal, appellants challenged the trial court's denial of their motion to compel arbitration and the sufficiency of the evidence for the damages awarded. The appellate court affirmed the trial court's final judgment, ruling that appellants waived their right to compel arbitration and that sufficient evidence supported the damages.

breach of contractarbitration waiverlegal sufficiency of evidencefactual sufficiency of evidencedamages awardcredit card processing disputeloss of investmentTexas Court of Appealsbusiness disputejudgment affirmation
References
17
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