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

Case No. 13-0096
Regular Panel Decision
Aug 22, 2014

Tenet Hospitals Limited, a Texas Limited Partnership D/B/A Providence Memorial Hospital, and Michael D. Compton, M.D. v. Elizabeth Rivera, as Next Friend for M.R.

This case concerns a challenge to the constitutionality of the Medical Liability Act's ten-year statute of repose. Petitioners, Tenet Hospitals Limited and Michael D. Compton, M.D., sought summary judgment arguing the statute barred a medical negligence claim filed by Elizabeth Rivera on behalf of M.R. The alleged negligence occurred in 1996, and the suit was filed in 2011, five years after the 2003 repose statute's 2006 deadline. The trial court granted summary judgment, but the court of appeals reversed, finding the statute unconstitutional as applied to M.R. The Supreme Court of Texas reversed the court of appeals' judgment, holding that Rivera, acting as M.R.'s next friend, failed to demonstrate due diligence in filing the claim within the three-year grace period afforded by the statute. The Court also found the retroactivity challenge failed due to the compelling public interest in the Medical Liability Act and the sufficient grace period provided. Consequently, the Supreme Court rendered judgment that the plaintiff take nothing.

Medical MalpracticeStatute of ReposeOpen Courts ProvisionRetroactivityDue DiligenceMinor's ClaimConstitutional LawSummary JudgmentTexas Supreme CourtHealthcare Liability
References
26
Case No. MISSING
Regular Panel Decision

Dewan v. Blue Man Group Limited Partnership

Plaintiff Brian Dewan, a musician, sued the Blue Man Group entities and individuals, seeking a declaration of co-authorship for musical compositions used in their "Blue Man Group: Tubes" performance and damages for state law claims. Dewan claimed he collaborated with the defendants in composing music for the show and was repeatedly assured of his co-authorship rights and that an agreement would be formalized, but it never materialized. Defendants moved to dismiss, arguing the co-authorship claim under the Copyright Act was time-barred. The court found that Dewan's equitable estoppel argument was unreasonable after late 1993 or 1994, as he had sufficient notice that a lawsuit was necessary. Consequently, the court dismissed the federal co-authorship claim due to the expiration of the statute of limitations and declined to exercise supplemental jurisdiction over the remaining state law claims.

Copyright ActCo-authorshipStatute of LimitationsEquitable EstoppelMotion to DismissFederal JurisdictionState Law ClaimsMusical CompositionsCollaborationDeclaratory Judgment
References
11
Case No. MISSING
Regular Panel Decision

In Re Complaint of Wepfer Marine, Inc. for Exoneration From or Limitation of Liability

Wepfer Marine, Inc. filed a petition to limit liability after Jose Ramon Gonzalez was injured during barge demolition. Gonzalez and his wife, along with Liberty Mutual, sued Wepfer in state court, leading Wepfer to seek federal limitation of liability. Claimants moved to dismiss the federal action, citing lack of admiralty jurisdiction due to the barge's 'dead ship' status and untimeliness of Wepfer's petition. The court granted dismissal for the main barge, ET-715, ruling it was a 'dead ship' withdrawn from navigation. However, it denied dismissal concerning the crane barge, finding potential causation through a broken crane cable, thereby retaining jurisdiction for that aspect. The court also found Wepfer's petition timely, as prior correspondence from claimants did not constitute sufficient written notice to trigger the statutory six-month filing period.

Admiralty LawMaritime LawLimitation of Liability ActVessel StatusDead Ship DoctrineAdmiralty JurisdictionSubject Matter JurisdictionRule 12(b)(1)TimelinessWritten Notice of Claim
References
37
Case No. MISSING
Regular Panel Decision
Apr 07, 1999

Doolittle v. County of Broome

Petitioner, a former correction officer, appealed the dismissal of her CPLR article 78 application challenging a determination that granted General Municipal Law § 207-c disability benefits for a limited period. The Supreme Court dismissed her application as untimely, finding it was filed beyond the four-month Statute of Limitations. The Appellate Division affirmed the dismissal, agreeing that the petition was time-barred as the attorney received notice of the determination more than four months before filing. The court also noted that, even on the merits, the Hearing Officer's determination of limited benefits for an eight-month period, based on a work-related psychological injury, was supported by sufficient evidence in the record.

Workers' CompensationDisability BenefitsStatute of LimitationsCPLR Article 78Administrative LawProcedural DismissalJudicial ReviewMental HealthWorkplace StressCorrection Officer
References
6
Case No. ADJ8730224
Regular
Dec 15, 2016

SERGIO BERMUDEZ vs. CERRITOS AUTO REPAIR CENTER, STAR INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Tri County Medical Group's (TCMG) petition for reconsideration of a finding that its lien claim was barred by the 18-month limitation in Labor Code section 4903.5(a). The Board majority held that because TCMG's last date of service was January 29, 2015, after the July 1, 2013 effective date for the shorter period, the 18-month limit applied. TCMG's lien was filed over 18 months after this last date of service and was therefore untimely. A dissenting commissioner argued that for continuously provided services crossing the July 1, 2013 date, the three-year limit should apply to avoid requiring multiple lien filings.

Labor Code Section 4903.5(a)lien claim18-month limitation periodthree-year limitation perioddate services were providedlast date of servicecontinuously provided servicespetition for reconsiderationdenial of lienWCJ report
References
19
Case No. 09-16-00339-CV
Regular Panel Decision
Jul 26, 2018

Sam Rayburn Municipal Power Agency v. Ralph J. Gillis, Gillis Borchardt & Barthel LLP, Obain Associates Limited and the Jasper/VPPA Settlement Trust

This appeal concerns Sam Rayburn Municipal Power Agency's (SRMPA) lawsuit against its former attorney, Ralph J. Gillis, and his firm, alleging breach of fiduciary duty and fraud related to the 'Nisco Deal' and the 'Cambridge Project' energy initiatives. SRMPA accused Gillis of self-dealing and undisclosed personal financial gains from these projects. The trial court, following a jury verdict, denied SRMPA's claims regarding the Nisco Deal due to the statute of limitations, but awarded damages for Gillis's breach of fiduciary duty concerning the Cambridge Project. SRMPA appealed the denial of equitable relief, the limitations finding, and the quantum of damages, while Gillis, Obain, and the Jasper/VPPA Settlement Trust filed cross-appeals. The Court of Appeals affirmed the trial court's judgment across all contested issues.

Breach of Fiduciary DutyFraudulent ConcealmentEnergy ProjectsAttorney MalpracticeStatute of LimitationsEquitable ReliefDisgorgementConstructive TrustDamagesRespondeat Superior
References
59
Case No. MISSING
Regular Panel Decision

Armadillo Bail Bonds v. State

This case involves an appeal by Jerry Wardlow, doing business as Armadillo Bail Bonds, a surety, against the State of Texas regarding a criminal bail bond forfeiture. The central issue is whether article 22.16(c)(2) of the Texas Code of Criminal Procedure, which delays final judgment against a bond for eighteen months in felony cases, violates the separation of powers doctrine of the Texas Constitution. The trial court had entered a final judgment before the expiration of the eighteen-month period, concluding the statute was unconstitutional. The appellate court affirmed the trial court's decision, agreeing that the legislative imposition of an eighteen-month delay in entering final judgment constitutes an unconstitutional interference with the judiciary's power, which includes the power to enter and execute judgments. The court reasoned that such a delay usurps judicial functions and renders the judicial branch powerless to administer justice without denial or delay.

Bail Bond ForfeitureSeparation of PowersJudicial PowerLegislative InterferenceTexas ConstitutionCode of Criminal ProcedureFinal Judgment DelayAppellate ReviewConstitutional LawJudicial Branch
References
9
Case No. 14-09-01046-CV
Regular Panel Decision
Jun 22, 2010

950 Corbindale, L.P., 950 Corbindale Management, L.L.C., 9041 Katy Freeway, Ltd., 9041 Katy Freeway Management, L.L.C., 9039 Holdings Management, L.L.C., Lester Allison, and Richard Plessala v. Kotts Capital Holdings Limited Partnership and Kotts Captial Holdings, Inc.

This is an accelerated interlocutory appeal concerning the denial of a motion to stay litigation and compel arbitration. The appellees, Kotts Capital Holdings, had sought declaratory relief regarding partnership agreements. Appellants argued that the dispute fell within the scope of a valid arbitration agreement, despite a clause limiting awards to 'compensatory damages only.' The appellate court found that this limitation applied only to the type of damages, not the arbitrator's authority to grant declaratory relief. Consequently, the court reversed the trial court's order, compelling arbitration.

Arbitration AgreementMotion to CompelDeclaratory JudgmentContract InterpretationPartnership DisputeScope of ArbitrationAppellate ProcedureTexas LawRemandInterlocutory Appeal
References
11
Case No. MISSING
Regular Panel Decision

Gray v. Myren

The case concerns an appeal regarding a personal injury action filed by a longshoreman against a vessel owner. The longshoreman had received workers' compensation awards for injuries sustained in 1972. The defendant moved for summary judgment, arguing the personal injury action was time-barred under 33 U.S.C. § 933(b), which mandates commencing such actions within six months of accepting a compensation award. Specifically, the defendant claimed a May 8, 1973 "Memorandum of Informal Conference" constituted an award. The appellate court, adopting the Second Circuit's interpretation, ruled that an interim award for temporary total disability does not trigger the six-month statute of limitations. The court held that the limitation period begins only when the injured worker knows the full extent of their compensation, which occurred on May 6, 1974, with the award for permanent partial disability. Consequently, the plaintiff's action, filed within six months of the latter date, was timely. The court modified the lower court's order to deny the defendant leave to amend their answer, finding the proposed statute of limitations defense legally insufficient, and otherwise affirmed.

LongshoremenHarbor WorkersStatute of LimitationsPersonal InjuryThird-Party ActionInterim AwardPermanent Partial DisabilityTemporary Total DisabilityAppellate ReviewFederal Law
References
6
Case No. MISSING
Regular Panel Decision
Feb 16, 2010

Vought Aircraft Industries, Inc. v. Falvey Cargo Underwriting, Ltd.

This case involves Vought Aircraft Industries' claim against its marine cargo insurers, Falvey Cargo Underwriting, Ltd., XL London Market, Limited, and Dornoch Limited, for breach of policy and other claims. A horizontal stabilizer manufactured by Vought was damaged during rail shipment, a peril covered by the marine cargo insurance policy. Vought repaired the stabilizer and sought reimbursement for direct repair costs, overhead expenses, and expediting costs for replacement stabilizers. The court largely dismissed Vought's claims for expediting costs and overhead expenses, finding most were not covered by the policy, though it noted ambiguity in certain policy clauses regarding some shipping costs and overhead. All of Vought's extra-contractual claims, including breach of good faith and fair dealing, unfair insurance practices, breach of repair agreement, promissory estoppel, quantum meruit, and unjust enrichment, were dismissed. XL London Market, Limited's defense asserting it acted solely as an agent for a disclosed principal was denied, indicating a factual dispute.

Marine Cargo InsuranceInsurance PolicyContract InterpretationBreach of ContractSummary JudgmentGood Faith and Fair DealingTexas Insurance CodePolicy AmbiguityOverhead CostsExpediting Costs
References
73
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