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

Case No. M2003-02030-COA-R3-CV
Regular Panel Decision
Dec 09, 2005

Consumer Financial Services (Management) Inc., G. Ronald Hall, and Jacquelene O'Rourke Hall v. Consumer Financial Services Management, L.L.C. and Gabriel, L.L.C.

This contract action involved the sale of a loan company. The purchasers encountered significant financial and operational problems post-closing and sought to rescind the transaction, while the sellers later sued for breach of contract. The purchasers filed a counter-complaint, alleging fraudulent inducement through multiple misrepresentations. The trial court sided with the purchasers, finding the sellers had committed fraud, granting rescission of the sale agreement, and awarding compensatory damages, while dismissing the sellers' complaint. The sellers appealed. The Court of Appeals affirmed the trial court's decision, concluding that there was ample evidence of fraudulent misrepresentations and omissions by the sellers, and that the remedies of contract unenforceability, rescission, and damages were appropriate.

Contract DisputeFraudulent InducementRescission of ContractBreach of ContractBusiness AcquisitionMisrepresentationDue DiligenceFinancial DisclosureAppellate ReviewDamages Calculation
References
19
Case No. 13-10-00693-CV
Regular Panel Decision
Jul 01, 2011

Counsel Financial Services, L.L.C. v. DAVID McQUADE LEIBOWITZ AND DAVID McQUADE LEIBOWITZ, P.C.

Counsel Financial Services, L.L.C. appealed the denial of its motion to transfer venue from Hidalgo County to Bexar County. This appeal stemmed from Counsel Financial's intervention in a personal injury lawsuit, seeking to claim attorney's fees owed to David McQuade Leibowitz from a settlement. Leibowitz, in turn, intervened defensively, asserting claims against Counsel Financial and seeking injunctions. The appellate court examined whether an interlocutory appeal of the venue ruling was permissible under section 15.003 of the Texas Civil Practice and Remedies Code, which applies to multiple plaintiffs. The court concluded that Leibowitz was an intervening defendant, not a plaintiff, therefore section 15.003 did not apply, and dismissed the appeal for want of jurisdiction.

VenueInterlocutory AppealJurisdictionMotion to TransferTexas Civil Practice and Remedies CodeInterventionPlaintiff StatusDefendant StatusForeign Judgment EnforcementAppellate Court Dismissal
References
19
Case No. MISSING
Regular Panel Decision

Employers' Liability Assur. Corp. v. Williams

J. H. Williams, an employee, sustained an injury in September 1924 while working for American Construction Company, an insured employer under the Texas Employers’ Liability Act. He initially received weekly compensation payments from Employers’ Liability Assurance Corporation, Limited. After payments ceased, Williams sought a lump sum award from the Industrial Accident Board, which was granted in June 1925. The assurance corporation subsequently sued in the district court of Galveston county to set aside this award. Williams cross-petitioned for total and permanent disability and a lump sum payment due to manifest hardship. A jury found Williams totally and permanently disabled, and the court sided with Williams, awarding him and his attorneys, Morris, Sewell & Morris, a lump sum of $6,032.15. The assurance corporation appealed this judgment, contesting the finding of total permanent disability and the lump sum award. The appellate court affirmed the lower court's decision, finding sufficient evidence to support the jury's findings and noting the appellant's failure to follow legal procedures regarding a surgical operation demand.

Workers' CompensationTotal Permanent DisabilityLump Sum SettlementIndustrial Accident BoardAppellate ReviewMedical Expert TestimonyJury FindingsEmployer LiabilitySurgical InterventionManifest Hardship
References
6
Case No. 11-12-00290-CV
Regular Panel Decision
Dec 04, 2014

Linda Lewis v. Ally Financial Inc. F/K/A GMAC, Inc. D/B/A GMAC

Linda Lewis appealed the trial court's summary judgment in favor of Ally Financial Inc. Ally Financial had sued Lewis for breach of contract and foreclosure of security interest after she defaulted on a car loan and the vehicle was sold for less than the amount owed. Lewis raised several issues on appeal, including alleged judicial bias (recusal motions), violations of her constitutional rights (Fifth, Sixth, and Fourteenth Amendments), and improper grant of summary judgment. The appellate court affirmed the trial court's decision, finding no procedural or substantive errors. The court concluded that Lewis failed to preserve some issues and that her arguments lacked merit, thus upholding the lower court's ruling.

Appeals CourtSummary JudgmentBreach of ContractForeclosureRecusal MotionConstitutional RightsDue ProcessFifth AmendmentSixth AmendmentFourteenth Amendment
References
44
Case No. 13-CV-675
Regular Panel Decision
Dec 15, 2016

Pierre v. Planet Automotive, Inc.

Plaintiff Ghislaine Pierre sued Planet Automotive, Inc. and American Suzuki Financial Services alleging violations of the Truth in Lending Act (TILA), Magnuson-Moss Consumer Warranty Act (MMWA), and state law claims of fraud and false advertising arising from her vehicle purchase and its financing. Defendant Suzuki moved for summary judgment. The Court denied Suzuki's motion for summary judgment as to Plaintiff's TILA claim and state law claims, finding genuine issues of material fact regarding TILA disclosures and applying New York's assignee liability law for state claims. However, the Court granted Suzuki's motion for summary judgment as to Plaintiff's MMWA claim, concluding that the MMWA prohibits assignee liability where the assignee did not create the written warranty.

TILA violationMagnuson-Moss Consumer Warranty ActCommon law fraudFalse advertisingSummary judgmentAssignee liabilityRetail Installment ContractVehicle purchaseFinance chargesDisclosure statement
References
72
Case No. MISSING
Regular Panel Decision

State Farm Mutual Insurance Co. v. Conn

This appeal concerns State Farm's challenge to a trial court's award of uninsured/underinsured motorist (UM/UIM) benefits to Appellees under an automobile liability insurance policy. Sherrie Ann Conn, a passenger, was killed in an accident caused by Stephanie Ann Laux, whose vehicle was insured by State Farm. Appellees received liability benefits from State Farm and UM/UIM benefits from Conn's separate Allstate policy. Appellees then sought additional UM/UIM benefits from the Laux policy, which State Farm denied based on an exclusion for vehicles owned by or regularly available to the insured. The appellate court distinguished this case from prior rulings that broadly interpreted the UM/UIM statute's purpose to protect against financially irresponsible motorists. Instead, it aligned with cases prohibiting claimants from recovering both liability and UM/UIM benefits under a single policy, especially when the at-fault driver was not financially irresponsible. The court concluded that allowing such recovery would improperly transform UM/UIM coverage into general liability insurance, contrary to the statutory intent to protect against the negligence of *others*. Consequently, the trial court's judgment awarding UIM benefits was reversed.

Uninsured Motorist CoverageUnderinsured Motorist CoverageAutomobile Liability PolicyInsurance Policy ExclusionsUM/UIM BenefitsStatutory ConstructionPublic Policy in InsuranceNegligence of OthersFinancial Responsibility LawTexas Appellate Law
References
6
Case No. 05 Civ. 606
Regular Panel Decision

Thomas v. Istar Financial, Inc.

Plaintiff Kenneth Thomas sued iStar Financial, Inc. and Ed Baron for race discrimination, hostile work environment, and retaliation under Title VII and the NYCHRL. Defendants sought summary judgment on all claims, citing Thomas's poor performance and denying discriminatory intent. The Court granted summary judgment for defendants on Thomas's hostile work environment, disparate treatment, and certain retaliation claims (continuing hostile work environment, threats, reprimands, and negative references). However, the Court denied summary judgment on Thomas's claims for discriminatory termination and retaliation in the form of termination, finding that genuine issues of material fact precluded a full dismissal.

Race DiscriminationRetaliationHostile Work EnvironmentTitle VII ClaimsNYCHRL ClaimsSummary Judgment MotionEmployment DiscriminationDisparate TreatmentWrongful TerminationFederal Litigation
References
66
Case No. MISSING
Regular Panel Decision

Pronti v. CNA Financial Corp.

Plaintiff Thomas J. Pronti sued CNA Financial Corporation and CNA Retirement Plan (collectively, "Defendants") alleging misrepresentations regarding his pension benefits. Pronti claimed his benefits were wrongfully calculated because his prior service with Continental Insurance Company was not credited under the CNA Plan, despite alleged representations to the contrary. Pronti brought claims for benefits, breach of fiduciary duty, breach of contract, and estoppel. The Court granted Defendants' motion to dismiss the breach of fiduciary duty claim, finding it duplicated the claim for benefits under ERISA, and the breach of contract claim, finding it preempted by ERISA. However, the Court denied Defendants' motion to dismiss the promissory estoppel claim, concluding that Pronti had sufficiently alleged a promise, reliance, injury, injustice, and "extraordinary circumstances" under ERISA's federal common law.

ERISAPension BenefitsFiduciary DutyBreach of ContractPromissory EstoppelMotion to DismissPreemptionEmployee BenefitsRetirement PlanBenefit Accrual
References
29
Case No. 08-04-00018-CV
Regular Panel Decision
Jun 30, 2005

Financial Insurance Co. v. William Ragsdale

This appeal concerns a jury verdict in a workers’ compensation case regarding William Ragsdale's impairment rating. William Ragsdale, an employee of MR Drilling or MR Oil, suffered a fall in 2001 and filed a workers' compensation claim. While his treating physician assigned a 0% impairment rating, the designated doctor, Dr. Steven Ellsworth, initially indicated 10% on a form but stated a 'whole person impairment' of 67% in his report. The Texas Workers’ Compensation Commission Appeals Panel subsequently determined the impairment rating to be 67%. Financial Insurance Company, the employer’s carrier, appealed the trial court's judgment affirming this 67% rating and the award of attorney's fees. The Court of Appeals affirmed the judgment of the trial court.

Workers' CompensationImpairment RatingAppellate ReviewJury VerdictMedical EvidenceDesignated DoctorTreating PhysicianAttorney's FeesTexas Labor CodeJudicial Review
References
18
Case No. MISSING
Regular Panel Decision

Anzaldua v. American Guarantee & Liability Insurance Co.

This worker's compensation case involves an appeal by Esther Anzaldua against American Guarantee & Liability Insurance Company, the compensation carrier. Anzaldua was injured on the job and sued after rejecting an award from the Texas Industrial Accident Board. A jury awarded her damages for partial incapacity and medical expenses, but Anzaldua appealed, alleging the medical award was insufficient, that certain medical reports were improperly admitted due to hearsay, and that a supplemental jury charge was coercive. The court affirmed the lower court's judgment, finding the jury's verdict supported by evidence, the medical reports properly admitted, and the supplemental charge not coercive.

Workers' CompensationMedical ExpensesJury VerdictEvidence AdmissibilitySupplemental Jury ChargeCoercionIncapacityAppealTexas LawInsurance
References
7
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