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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

Stevens v. Anatolian Shepherd Dog Club of America, Inc.

Rhea C. Stevens, an Anatolian Shepherd dog breeder, sued the Anatolian Shepherd Dog Club of America, Inc. (ASDCA) for specific performance, exemplary damages, and attorney's fees after her membership application was denied, despite her membership fee being retained. Stevens claimed a breach of contract, arguing that the ASDCA had offered membership to dog owners and she met the criteria, while the club contended sponsor endorsements were required by its bylaws. The trial court entered a take-nothing judgment against Stevens, ordering only a refund of her $30 membership fee. On appeal, Stevens raised five issues, challenging the trial court's refusal to recognize a contract, its holding that contract law did not apply, its failure to award specific performance, denial of a new trial, and refusal to award attorney’s fees. The appellate court affirmed the trial court's judgment, concluding that the trial court properly exercised its discretion in declining jurisdiction over the internal affairs of a voluntary non-profit association, as Stevens failed to demonstrate sufficient pecuniary harm to warrant judicial intervention.

Contract LawVoluntary AssociationsJudicial Non-InterferenceMembership DisputeSpecific PerformanceAttorney's FeesAbuse of DiscretionAppellate ReviewNon-Profit OrganizationDog Breeders
References
21
Case No. 15-0932
Regular Panel Decision
Jun 29, 2018

American K-9 Detection Services, LLC and Hill Country Dog Center, Llc v. Latasha Freeman

This case addresses the applicability of the political question doctrine to a negligence claim against private military contractors. LaTasha Freeman, a civilian clerk in Afghanistan, was bitten by an explosive-detection dog, Kallie, owned by American K-9 Detection Services, LLC and Hill Country Dog Center, LLC. Freeman alleged negligent training and failure to restrain the dog. The defendants argued the Army's kennel design, used under military orders, caused the incident. The Supreme Court of Texas determined that adjudicating the case would require reexamination of military decisions regarding the equipping and control of military forces, particularly kennel design and construction. Concluding that these decisions are professional military judgments insulated from judicial review, the court held the claim nonjusticiable, reversed the appellate court's judgment, and dismissed all claims.

Political Question DoctrineMilitary ContractorsNonjusticiable ClaimsSeparation of PowersTexas Supreme CourtMilitary DecisionsNegligence ClaimsDog Bite InjuryAfghanistan War ZoneDefense Base Act
References
26
Case No. M2022-01787-COA-R3-CV
Regular Panel Decision
Dec 03, 2024

Rebecca Hudson v. Paul Gravette

A kennel technician filed a personal injury action against dog owners after being attacked by their dogs while at her workplace. The trial court initially granted summary judgment to the dog owners on both statutory and common law negligence claims. On appeal, the Court of Appeals affirmed the summary judgment on the statutory claim, determining that the boarding facility, Chasing Tails Pet Farm, qualified as a "statutory owner" at the time of the incident due to its regular control and benefit from the dogs' presence. Consequently, the legal owners, the Gravettes, were not liable under the strict liability dog bite statute. However, the appellate court reversed the summary judgment on the common law negligence claim, holding that the dog bite statute does not abrogate such claims against legal owners who had knowledge of their dogs' vicious propensities. The case was remanded for further proceedings consistent with this opinion.

Dog BitePersonal InjurySummary JudgmentAppellate ReviewStatutory InterpretationCommon Law NegligenceDog Owner LiabilityStrict LiabilityWorkers' Compensation ExclusivityRemand
References
29
Case No. 13-14-00726-CV
Regular Panel Decision
Jul 02, 2014

Latasha Freeman v. American K-9 Detection Services, L.L.C. and Hill Country Dog Center, L.L.C.

Latasha Freeman, a civilian contractor in Afghanistan, sued American K-9 Detection Services, LLC (AMK9) and Hill Country Dog Center, LLC (HCDC) for personal injuries after an alleged dog attack at a U.S. military base. AMK9, a military contractor providing canine detection services, filed a plea to the jurisdiction, asserting defenses based on the political-question doctrine, the combatant-activities exception to the Federal Tort Claims Act, absolute official immunity under the Westfall doctrine, and immunity under the Defense Production Act of 1950. The trial court granted AMK9's plea, dismissing both AMK9 and HCDC, a decision Freeman appealed. AMK9 argues the case is non-justiciable as it requires evaluating military decisions regarding kennel design and operations in a war zone, and that federal law preempts state tort claims against military contractors integrated with military operations.

Battlefield tortGovernment contractor liabilityPolitical question doctrineFederal Tort Claims Act (FTCA)Combatant activities exceptionAbsolute official immunityWestfall doctrineDefense Production Act of 1950Proportionate responsibilityMilitary operations
References
46
Case No. MISSING
Regular Panel Decision

Scheidt v. Oberg

This case is an appeal from an order granting summary judgment to the defendants in a dog bite incident. The plaintiff sued after being bitten by the defendants' dog, Ziggy. To recover, the plaintiff needed to prove that the dog had vicious propensities and that the owners knew or should have known of them. The defendants presented evidence of no prior aggressive behavior or complaints. While the plaintiff described Ziggy barking, growling, and eventually biting him, he failed to provide evidence of the dog's known prior aggressive behavior or the owners' knowledge. A witness also testified to aggressive behavior but admitted not reporting it to the owners. The Supreme Court's decision to grant summary judgment to the defendants was affirmed due to the plaintiff's failure to meet the burden of proof regarding the dog's vicious propensities and the owners' knowledge.

Dog biteAnimal attackVicious propensitiesOwner knowledgeSummary judgmentAppellate reviewBurden of proofPrior aggressive behaviorSaratoga CountyCourt of Appeals
References
6
Case No. 2022-05-0937
Regular Panel Decision
Apr 10, 2023

Kesel, Emma v. Big Fluffy Dog Rescue, Inc.

Employee Emma Kesel filed a Petition for Benefit Determination on September 20, 2022, alleging a left leg injury on August 24, 2020, while walking a dog at work for Big Fluffy Dog Rescue, Inc. She sought an Expedited Hearing for additional medical treatment and physical therapy, contending her condition resulted from the work injury even after being released by Dr. David West without restrictions on December 14. The employer, Big Fluffy Dog Rescue, Inc., and its carrier, Markel Ins. Co., argued that the claim was barred by the statute of limitations, noting that the last benefit payment was made on January 27, 2021. The Court found that Ms. Kesel failed to file her petition within one year of the last authorized treatment or demonstrate a recognized exception to the statute of limitations. Therefore, the Court denied her claim, concluding she was unlikely to prevail at a hearing on the merits due to the untimely filing.

Workers' CompensationStatute of LimitationsExpedited HearingBenefit DenialLeg InjuryMedical TreatmentEmployer LiabilityInsurance CarrierTimeliness of ClaimCourt Decision
References
2
Case No. MISSING
Regular Panel Decision

Longstreet v. Peltz

The plaintiff, a nanny, allegedly sustained injuries from a dog bite by the defendant's dog. The defendant moved for summary judgment, arguing the dog lacked vicious propensities, but the Supreme Court, Westchester County, denied the motion. On appeal, the order was reversed. The appellate court found that the defendant had made a prima facie showing of entitlement to judgment as a matter of law, and the plaintiff failed to raise a triable issue of fact in opposition. Consequently, the defendant's motion for summary judgment dismissing the complaint was granted.

Personal InjuryDog BiteSummary JudgmentVicious PropensitiesAppellate ReviewNannyPrima Facie ShowingTriable Issue of FactReversedMotion Granted
References
5
Case No. NO. 14-06-00367-CV
Regular Panel Decision
Jun 05, 2007

Rhea C. Stevens v. the Anatolian Shepherd Dog Club of America, Inc.

Rhea C. Stevens, a dog breeder, sued the Anatolian Shepherd Dog Club of America, Inc. (ASDCA) after her membership application was not recognized despite paying a fee. She sought specific performance, exemplary damages, and attorney's fees, alleging a breach of contract. The trial court issued a take-nothing judgment against Stevens, ordering only the return of her thirty-dollar membership fee. On appeal, Stevens raised five issues, challenging the trial court's refusal to recognize a contract, apply contract law, award specific performance, deny her motion for a new trial, and award attorney's fees. The appellate court affirmed the trial court's judgment, concluding that the trial court had the discretion not to exercise jurisdiction over the suit for membership and that there was no abuse of discretion in denying the motion for a new trial or attorney's fees.

Membership DisputeContract LawVoluntary AssociationsJudicial Non-InterferenceAttorney's FeesAbuse of DiscretionAppellate ReviewProperty InterestDog ClubTexas Civil Practice and Remedies Code
References
23
Case No. MISSING
Regular Panel Decision
Jul 15, 1988

Garcia v. Paradise Guard Dogs, Inc.

The case involves a plaintiff, a dog groom, who was hired as an independent contractor by the defendant, a kennel operator. The plaintiff was attacked by a pit bull named Samson, a security animal boarded at the defendant's facility, while guiding it back to its cage. The trial court instructed the jury that a person keeping a dangerous animal is presumed negligent, and the plaintiff did not need to prove negligence. The appellate court found this instruction erroneous given the plaintiff was a professional kennel worker aware of the risks. The court reversed the judgment and remanded for a new trial, stating that the issue of defendant's negligence should not have been taken away from the jury.

Dog Bite InjuryProfessional NegligenceIndependent ContractorPremises LiabilityJury InstructionsReversed and RemandedAssumption of RiskKennel OperationsDangerous Animals
References
0
Case No. MISSING
Regular Panel Decision

John Wiley & Sons, Inc. v. Book Dog Books, LLC

Plaintiffs, John Wiley & Sons, Inc., Cengage Learning, Inc., and Pearson Education, Inc., initiated a lawsuit against defendants Book Dog Books, LLC and Philip Smyres for alleged copyright and trademark infringement. The plaintiffs subsequently filed a motion to disqualify Neil B. Mooney, counsel for the defendants, asserting that he was a necessary fact witness due to prior testimonies and declarations given in this and related cases concerning a settlement agreement and disclosure obligations. United States Magistrate Judge Gabriel W. Gorenstein denied the plaintiffs' motion to disqualify. The court concluded that the plaintiffs failed to meet their burden of demonstrating that Mooney's testimony was either necessary to their case or would be prejudicial to the defendants, especially in light of the defendants' unequivocal commitment not to call Mooney as a trial witness.

Copyright InfringementTrademark InfringementDisqualification MotionAttorney-Witness RuleLegal EthicsSettlement AgreementPrejudice AnalysisNecessity of TestimonyFederal Rules of Civil ProcedureJudicial Discretion
References
59
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