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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

In re Paragon Process Service, Inc.

Paragon Process Service, Inc. appealed a decision by the Unemployment Insurance Appeal Board, which held the company responsible for unemployment insurance contributions for its process servers from 1978 to 1980. Paragon contended that these process servers were independent contractors, not employees, over whom it exercised no control beyond legal requirements. The court, referencing precedents like *Matter of 12 Cornelia St. (Ross)*, determined that the Board lacked a rational basis for classifying the process servers as employees. Consequently, the court reversed the Board's decision. The matter was then remitted to the Unemployment Insurance Appeal Board for further proceedings consistent with this new finding.

Unemployment insuranceIndependent contractorProcess serversEmployer liabilityEmployee classificationAppellate reviewAdministrative decisionRational basis reviewLabor lawNew York law
References
2
Case No. MISSING
Regular Panel Decision

Hefner v. Grievance Committee for District 1-A

Hefner appealed the dismissal of his suit to set aside a private reprimand issued by the District 1-A Grievance Committee of the State Bar of Texas. The trial court dismissed the suit, asserting a lack of jurisdiction because Hefner did not reside in Dallas County, as per the statute. The appellate court determined that the statutory requirement to file suit in the county of residence was a matter of venue, not jurisdiction. Due to the Grievance Committee's failure to properly challenge venue according to Rule 86 of the Texas Rules of Civil Procedure, the improper venue was waived. Consequently, the appellate court reversed the trial court's dismissal and remanded the case for a trial on the merits of Hefner's reprimand.

VenueJurisdictionWaiverPrivate ReprimandState Bar of TexasTexas Rules of Civil ProcedureTrial Court ErrorReversalRemandAppellate Procedure
References
2
Case No. 2020 NY Slip Op 07843 [192 AD3d 25]
Regular Panel Decision
Dec 23, 2020

Matter of Hackett

Mark J. Hackett, Jr., a suspended attorney, was found guilty of professional misconduct by the Grievance Committee of the Seventh Judicial District. He neglected a client's workers' compensation matter, failing to advise her properly regarding CMS debt and subsequently not responding to her inquiries. Hackett also failed to cooperate with the Grievance Committee's investigation and defaulted in the disciplinary proceedings. The court suspended him from the practice of law for two years, citing harm to the client and disregard for the disciplinary process.

Attorney misconductprofessional ethicsneglect of client matterfailure to cooperatedisciplinary actionattorney suspensionWorkers' CompensationCMS debtRules of Professional Conductdefault judgment
References
2
Case No. E1999-01291-COA-R3-CV
Regular Panel Decision
May 04, 2000

Washshukru Al-Jabbar A'La. v. Christine Bradley

Plaintiff, an inmate, appealed the dismissal of his civil suit against prison officials, alleging that the Inmate Grievance Procedure was operated capriciously and unjustly, alongside claims of malfeasance and civil rights intimidation. The Trial Court dismissed the case, citing the doctrine of res judicata for a specific claim related to a 1993 incident, and finding the remaining allegations to be conclusory and thus failing to state a claim. Furthermore, the Trial Court determined that the plaintiff lacked a liberty interest in the Tennessee Department of Correction's grievance policy for his procedural due process claim. The Court of Appeals affirmed the Trial Court's judgment, upholding all three bases for dismissal. This decision emphasized that there is no constitutional right to a particular outcome or type of process in prison grievance proceedings and reiterated the broad discretion of the TDOC in managing disciplinary matters.

Inmate Grievance ProcedureCivil Rights ClaimsMalfeasanceProcedural Due ProcessRes JudicataConclusory AllegationsPrisoner RightsAccess to CourtsAppellate ReviewAbuse of Discretion
References
12
Case No. MISSING
Regular Panel Decision

Rattikin Title Co. v. Grievance Committee of State Bar of Texas

The Rattikin Title Company appealed a temporary injunction that barred it from preparing legal instruments or providing legal advice in transactions where it was not a direct party or agent. The Grievance Committee of the State Bar of Texas initiated the injunction, asserting that these activities constituted the unauthorized practice of law. The appellate court affirmed the injunction, upholding the trial court's finding that the title company's actions, even if inadvertent due to intertwined operations with a law firm, were illegal under Texas law. The court reiterated that the 'practice of law' includes conveyancing and advising on legal instruments for consideration, and such acts by a corporation are enjoinable. The decision emphasized that the preservation of status quo in injunction cases involving law violations means ceasing the unlawful acts. The court also upheld the trial judge's discretion in not enjoining the title company from certain actions for mortgage loan companies, classifying it as a novel legal question.

Unauthorized Practice of LawTemporary InjunctionTitle InsuranceLegal InstrumentsCorporate Practice of LawAttorney-Client RelationshipGrievance CommitteeState BarTexas LawAppellate Review
References
11
Case No. MISSING
Regular Panel Decision

Steuben Foods, Inc. v. GEA Process Engineering, Inc.

Plaintiff Steuben Foods, Inc. initiated a patent infringement lawsuit against Defendants GEA Process Engineering and GEA Procomac S.p.A., alleging infringement of United States Patent No. 6,209,591. The case involved motions for summary judgment filed by the Defendants, which were subject to reports and recommendations by a Magistrate Judge. Following Plaintiff's objections to the Magistrate Judge's second Report and Recommendation, the District Court reviewed the matter de novo. The Court ultimately denied Plaintiff's objections and adopted the Magistrate Judge's recommendation, granting Defendants' amended motion for summary judgment. The decision hinged on the proper construction of the patent claim term "into," which the Court found to imply the possibility of contact with the contents of a region, a condition not met by the accused product.

Patent InfringementSummary JudgmentClaim ConstructionFederal Rules of Civil ProcedureMagistrate JudgeReport and RecommendationObjectionsSterile RegionsValve Activation MechanismAseptic Processing
References
12
Case No. MISSING
Regular Panel Decision

General Textile Printing & Processing Corp. v. Expromtorg International Corp.

The case involves a breach of contract action filed by General Textile Printing & Processing Corp. (GTP), a Connecticut corporation with offices in New York City, against Expromtorg International Corp. and its president, Guennadi Razouvaev, both Michigan residents. The defendants moved to stay the litigation in favor of arbitration, citing an arbitration clause in the original sales notes (OSN), and also sought to dismiss claims against Razouvaev for lack of personal jurisdiction. Plaintiff GTP opposed these motions and filed a cross-motion to stay arbitration, arguing that a later, unsigned settlement stipulation had supplanted the arbitration agreement and that defendants had waived their right to arbitrate through litigation. The Court denied the motion to dismiss Razouvaev, finding a prima facie case for piercing the corporate veil based on alleged fraudulent conduct. Ultimately, the Court denied GTP's cross-motion, ruling that the arbitration agreement in the OSN remained effective and that no waiver of arbitration had occurred, thus granting defendants' motion to stay the entire action pending arbitration.

Breach of ContractArbitrationPersonal JurisdictionCorporate Veil PiercingWaiver of ArbitrationDiversity JurisdictionFederal Arbitration ActSales NotesSettlement StipulationAlter Ego Doctrine
References
50
Case No. MISSING
Regular Panel Decision
Nov 19, 2018

Golden Spread Coop., Inc. v. Emerson Process Mgmt.

Plaintiff Golden Spread Cooperative, Inc. (joined by intervenor Westport Insurance Company) sued defendant Emerson Process Management Power & Water Solutions, Inc. for damages arising from a defective distributed control system (DCS) supplied by Emerson. The DCS, installed in Golden Spread's Unit 3 steam turbine, allegedly contained a logic error that caused the turbine to overheat and suffer extensive friction damage. Emerson moved for summary judgment, arguing that Golden Spread's claims for breach of contract, breach of express warranty, negligence, and strict product liability were barred by the contract's exclusive repair-or-refund remedy and the economic loss rule. The Magistrate Judge recommended granting summary judgment for Emerson, concluding that Golden Spread's acceptance of the DCS limited it to warranty claims which Emerson had fulfilled, and that the economic loss rule precluded tort recovery as the damage was to an integrated product, not 'other property.' The Senior Judge adopted these findings and recommendations, granting summary judgment in favor of Emerson.

Economic Loss RuleSummary JudgmentContract LawTort LawBreach of ContractBreach of WarrantyStrict Product LiabilityNegligenceComponent PartIntegrated Product
References
95
Case No. 15-25-00003-CV
Regular Panel Decision
Dec 20, 2024

Lone Star NGL Product Services LLC, (In Its Own Capacity and as Assignee) v. EagleClaw Midstream Ventures LLC and CR Permian Processing, LLC

This is a joint petition for a permissive interlocutory appeal stemming from an order by the Texas Business Court, Eleventh Division. The underlying lawsuit, filed in Harris County in May 2021, involves Lone Star NGL Product Services LLC (and its assignees) against EagleClaw Midstream Ventures LLC and CR Permian Processing, LLC, concerning natural gas purchase agreements. The parties entered a 'Subsequent Agreement' on September 13, 2024, to bring their dispute to the Texas Business Court, leveraging a statutory provision for jurisdiction by agreement. They filed a Joint Notice of Removal, but the Trial Judge issued an order on December 20, 2024, remanding the case. The judge ruled that House Bill 19's Section 8 limits the Business Court's subject-matter jurisdiction to actions commenced on or after September 1, 2024, which this case predates. However, recognizing substantial grounds for differing opinions and the need for clear precedent for the nascent Business Court, the judge certified a permissive interlocutory appeal on the jurisdictional question and stayed the remand order pending the appeal's resolution.

Jurisdictional DisputeBusiness CourtInterlocutory AppealContract LawEnergy LawNatural GasTexas LawStatutory InterpretationPermissive AppealEffective Date
References
40
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Carey & Westinghouse Electric Corp.

The case involves cross-appeals from an order of Special Term concerning the arbitration of discharge grievances in Buffalo and furlough grievances in Sharon under a collective bargaining agreement. The Special Term had denied arbitration for the Buffalo discharge grievances, which the appellate court found to be a misconception of the court's role in arbitration. The appellate court emphasized that only the existence of an agreement to arbitrate and a dispute thereunder should be considered, leaving matters of law and fact to the arbitrators. The court also deemed the question of public policy overriding arbitration rules premature. Regarding the Sharon furlough claims, the Special Term's decision to compel arbitration was affirmed, with the appellate court rejecting claims of Federal preemption. The final order was modified to grant the petitioner's motion to compel arbitration for the Buffalo discharge grievances and affirmed in all other respects.

ArbitrationCollective BargainingLabor DisputeDischarge GrievancesFurlough GrievancesCross-AppealSpecial Term OrderPublic PolicyFederal PreemptionAppellate Review
References
4
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