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

Case No. 11-05-00264-CV
Regular Panel Decision
Jul 24, 2008

the Prudential Insurance Company of America and Four Partners, LLC D/B/A Prizm Partners and D/B/A United Commercial Property Services v. Italian Cowboy Partners, Ltd., Francesco Secchi, and Jane Secchi

Italian Cowboy Partners, Ltd. (ICP), Francesco Secchi, and Jane Secchi (Appellees) sued The Prudential Insurance Company of America and Prizm Partners (Appellants) for various claims including fraud, negligent misrepresentation, and breach of warranty of suitability, related to a restaurant property lease with a persistent sewer gas odor. Prudential counterclaimed for unpaid rent and breach of personal guaranty. The trial court initially ruled in favor of ICP and the Secchis, awarding damages and attorney's fees, and denying Prudential's counterclaims. However, the appellate court reversed this decision. The court found that disclaimer and merger clauses in the lease negated reliance for fraud claims, and that the lease placed repair responsibilities, including for latent defects, on ICP, thus overriding the implied warranty of suitability. Consequently, the court rendered judgment that ICP and the Secchis take nothing on their claims and remanded the case for the trial court to determine damages and attorney's fees owed to Prudential on its counterclaims.

Commercial Lease DisputeFraudulent InducementNegligent MisrepresentationImplied Warranty of SuitabilityConstructive EvictionCovenant of Quiet EnjoymentContract InterpretationDisclaimer of RelianceMerger ClauseRatification
References
28
Case No. 94 Civ. 654 (MBM), 94 Civ. 2978 (MBM)
Regular Panel Decision
Aug 23, 1995

Bluebird Partners, LP v. First Fidelity Bank

Bluebird Partners, L.P., a secondary purchaser of equipment trust interests for Continental Airlines, sued indenture trustees and their law firms for alleged violations of the Trust Indenture Act (TIA) and state law. Plaintiff claimed defendants failed to prudently protect certificate holders' interests during Continental's bankruptcy by not acting timely on adequate protection motions. Defendants moved to dismiss, arguing Bluebird Partners lacked standing as a secondary purchaser because federal TIA claims do not automatically transfer with the security. The court granted the motion to dismiss, holding that under federal common law, TIA claims do not automatically transfer to subsequent purchasers who were not injured at the time of the alleged wrongdoing, thus denying standing to Bluebird Partners. The court declined to retain jurisdiction over the pendent state-law claims.

Trust Indenture ActStandingSecondary PurchaserSecurities LawBankruptcy CodeAutomatic StayAdequate ProtectionFiduciary DutyBreach of ContractNegligence
References
22
Case No. MISSING
Regular Panel Decision

Mustang Pipeline Co. v. Driver Pipeline Co.

This case concerns a breach of contract dispute between Mustang Pipeline Co. (Mustang) and Driver Pipeline Co. (Driver) regarding a pipeline construction project. Mustang sued Driver for failing to complete work timely, while Driver counterclaimed for wrongful termination. The jury initially found both parties breached, but the Supreme Court of Texas clarified that an express jury finding on materiality is not required when 'time is of the essence,' determining Driver's breach was material as a matter of law. This discharged Mustang from its obligations, invalidating the wrongful termination claim. However, Mustang failed to provide sufficient evidence that its claimed damages were reasonable and necessary. Consequently, the Supreme Court reversed the lower court's judgment for Driver, rendered judgment that Driver take nothing, and reversed the award of attorney's fees to Driver, upholding the denial of damages to Mustang.

Breach of ContractMaterial BreachTime is of the EssenceWrongful TerminationContract DamagesReasonableness of CostsAttorney's FeesJury InstructionsAffirmative DefenseJudgment Notwithstanding Verdict
References
12
Case No. 13-07-031-CV
Regular Panel Decision
Aug 14, 2007

in Re: SSP Partners

SSP Partners, a non-subscriber under the Texas Workers' Compensation Act, sought a writ of mandamus after the trial court denied its motion to compel arbitration against Virginia Torres. Torres, an employee of Circle K (owned by SSP Partners), was injured off-duty and sued for negligence. SSP Partners argued a valid arbitration agreement covered the dispute, even for off-the-job injuries, and that Torres's defense of unconscionability applied to the entire agreement, not just the arbitration clause. The appellate court agreed with SSP Partners, concluding that Torres failed to raise a valid defense specifically against the arbitration clause itself. Consequently, the court conditionally granted the writ of mandamus, directing the trial court to compel arbitration.

Arbitration AgreementEmployment LawUnconscionabilityWrit of MandamusFederal Arbitration ActTexas LawMotion to Compel ArbitrationOff-the-job InjuryProcedural ArbitrabilityContractual Defenses
References
21
Case No. 04-24-00757-CV
Regular Panel Decision
Feb 04, 2026

Luckenbach Ranch, LLC and Firefly Partners, LLC D/B/A Firefly Partners Land, LLC v. Troy Bowling and Kim Bowling

This case involves an appeal by Luckenbach Ranch, LLC and Firefly Partners, LLC from a final judgment recognizing and defining a road easement in favor of Troy Bowling and Kim Bowling. The dispute originated from a 2019 private road maintenance agreement between Wendy Williams (seller of a portion of land to the Bowlings and later the remainder to Luckenbach) and the Bowlings. The appellants argued that the agreement violated the statute of frauds due to an insufficient description of the easement and that the scope of the easement was too narrow. The appellate court affirmed the trial court's judgment, holding that the agreement sufficiently identified the servient estate for the express easement and that the language 'access and maintain road entry for easement purposes' was sufficient to grant a road easement. The court also addressed the relocation of the easement's entrance, noting it was declared in the final judgment following a bench trial where Luckenbach stipulated to the move.

Easement LawStatute of FraudsExpress EasementEasement by EstoppelEstoppel by DeedProperty LawReal EstateSummary JudgmentAppellate ReviewRoad Easement
References
16
Case No. MISSING
Regular Panel Decision

NewMarkets Partners LLC v. Oppenheim

This Memorandum & Order addresses motions to dismiss in a case concerning false advertising under the Lanham Act and various state law claims. Plaintiffs, NewMarkets Partners LLC, CAM NewMarkets Partners LP, and Marie-Frances Mathes, allege that Defendants Sal. Oppenheim Jr. & CIE. S.C.A., CAM Private Equity Consulting & Verwaltungs GmbH, and BVT Beratungs-, Verwaltungsund Treuhandgesellsehaft für Internationale Vermorgensanlagen MBH, misused their proprietary investment model and names to market competing German funds. The court granted BVT-B's motion to dismiss for lack of personal jurisdiction. It also dismissed the civil conspiracy claim against Oppenheim and CAM, and the unfair competition claim against Oppenheim. However, motions to dismiss the false advertising claim against Oppenheim and CAM, and the unjust enrichment claim against CAM were denied. The tortious interference claim against CAM was denied as moot due to an amended complaint.

Lanham ActFalse AdvertisingPersonal JurisdictionSubject Matter JurisdictionUnfair CompetitionCivil ConspiracyUnjust EnrichmentJoint Venture AgreementPrivate Equity FundsExtraterritorial Jurisdiction
References
75
Case No. 13-15-00163-CV
Regular Panel Decision
May 01, 2015

Hudson Insurance Company v. BVB Partners

This case originates from a dispute over the premium charged for a 2013 crop insurance policy issued by Hudson Insurance Company to BVB Partners. BVB Partners claims an overcharge of $25,000 due to alleged misinformation about a lower premium enterprise unit system. Hudson's motion to compel arbitration, citing a mandatory arbitration clause in the policy, was denied by the Trial Court. Hudson, as the appellant, argues that the Federal Arbitration Act governs the valid arbitration agreement, which covers BVB Partners' claim. Furthermore, Hudson asserts that BVB Partners received substantial benefits under the policy, invoking the doctrine of direct benefits estoppel. The appellant seeks a reversal of the Trial Court's decision and an order to compel arbitration.

arbitration agreementcrop insurancepremium disputeFederal Arbitration Actdirect benefits estoppelappealTexasHidalgo Countyinsurance policymotion to compel
References
53
Case No. MISSING
Regular Panel Decision

F.F.P. Operating Partners, L.P. v. Duenez

The case "F.F.P. Operating Partners, L.P. v. Duenez" involves a dissenting opinion from a Texas Supreme Court decision concerning the application of proportionate-responsibility statutes to Dram Shop Act claims. The Dueñez family sued F.F.P., a convenience store, after a head-on collision caused by an intoxicated driver who purchased alcohol from F.F.P., resulting in severe injuries. Justice O'Neill's dissent argues that the majority's decision erred by undermining the Dram Shop Act's derivative-liability component, which holds providers responsible for their customers' actions and ensures full recovery for innocent third parties. The dissent contends that the legislative intent was to deter alcohol sales to obviously intoxicated individuals and protect public welfare, a policy compromised by the majority's interpretation that shifts responsibility to potentially insolvent patrons.

Dram Shop ActProportionate ResponsibilityVicarious LiabilityComparative NegligenceAlcoholic Beverage CodeThird-Party InjuryIntoxicated DriverLegislative IntentStatutory InterpretationTexas Civil Practice and Remedies Code
References
15
Case No. 06-00-00053-CV
Regular Panel Decision
Feb 13, 2002

Driver Pipeline Company, Inc. v. Mustang Pipeline Company, Inc.

This appeal involves a breach of contract dispute between Driver Pipeline Company, Inc. (Appellant) and Mustang Pipeline Company, Inc. (Appellee) concerning a pipeline construction project. Driver was contracted to build a pipeline but faced delays, leading Mustang to terminate the contract and hire another company. At trial, the jury found Driver breached the contract but also that Mustang was not justified in its termination. The trial court subsequently granted a judgment notwithstanding the verdict (JNOV) on Mustang's damage award, citing a lack of evidence for reasonable and necessary costs. The Sixth Appellate District of Texas at Texarkana affirmed the trial court's judgment. The appellate court upheld the JNOV on Mustang's damages and sustained the jury's finding that Mustang's termination was unjustified, while Driver's appeal regarding a statutory mineral lien was not preserved for review.

Breach of ContractConstruction LawAppellate ReviewJudgment Notwithstanding the VerdictDamagesReasonable and Necessary CostsMaterial BreachTermination of ContractFactual SufficiencyLegal Sufficiency
References
50
Case No. MISSING
Regular Panel Decision
Oct 08, 1996

Velez v. Tishman Foley Partners

An ironworker, employed by Diamond International, Inc., was injured when a hoist tower's cross-bracing gave way. The plaintiff sued Universal Builders Supply, Inc. (who built the hoist tower), Tishman Foley Partners (owner/general contractor), and Glassalum International Corporation (a subcontractor). The Supreme Court modified a prior order, granting Universal's cross-motion to dismiss the Labor Law § 240 (1) claim against it. The court denied common-law indemnification for Tishman Foley Partners and Glassalum against Universal, but affirmed Tishman Foley Partners' contractual indemnification claim, noting that an owner's strict statutory liability does not preclude contractual indemnity without a showing of owner negligence.

Construction AccidentHoist TowerLabor LawIndemnificationSummary JudgmentSubcontractor LiabilityGeneral ContractorOwner LiabilityStrict LiabilityCommon-Law Indemnity
References
10
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