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Case Law Database

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

Case No. MISSING
Regular Panel Decision
May 23, 1997

Riley v. Champion International Corp.

This case involves a lawsuit brought by Charles and Helen Riley against Champion International Corporation. Charles Riley, an independent logging contractor, contracted Lyme disease from a tick bite on Champion's property. Plaintiffs alleged negligence, gross negligence, negligent misrepresentation, and breach of contract for Champion's failure to warn about Lyme disease, and Helen Riley claimed loss of consortium and household services. The Magistrate Judge recommended granting summary judgment on most tort claims but denying it for breach of contract. The Chief Judge adopted parts of this, affirming summary judgment on premises liability and misrepresentation negligence claims. However, the Chief Judge overruled the Magistrate Judge's conclusion on the "increased risk of harm" prong of Restatement (Second) of Torts § 323, finding a genuine issue of material fact as to whether Champion's failure to provide safety information increased the risk of developing a chronic Lyme infection. Consequently, claims for breach of contract, negligent performance, gross negligence, loss of consortium, loss of household services, and punitive damages were revived for trial.

NegligenceBreach of ContractSummary JudgmentPremises LiabilityLyme DiseaseIndependent ContractorDuty to WarnAssumed DutyGross NegligenceLoss of Consortium
References
13
Case No. 83 Civ. 2059
Regular Panel Decision

Perry v. International Transport Workers' Federation

This case addresses a complex labor dispute between plaintiffs William Perry (President of Local 6, International Longshoremen’s Association) and International Shipping Association (ISA) against defendant International Transport Workers’ Federation (ITF). Plaintiffs alleged antitrust violations under the Clayton and Sherman Acts, alongside state law claims for tortious interference with contractual rights, primarily concerning ITF’s 'blacking' policy on 'flag of convenience' vessels. ITF cross-claimed for antitrust violations, tortious interference, unfair competition, and trademark infringement under the Lanham Act. The court granted summary judgment to the defendant on the plaintiffs’ antitrust claim, citing a statutory labor exemption for ITF's activities, and dismissed ITF's antitrust counterclaim. While denying summary judgment on most tortious interference claims due to factual disputes, the court granted summary judgment to defendant on ISA’s tortious interference claim and to plaintiff Local 6 on ITF’s counterclaim for tortious interference with contractual relations. Furthermore, the court denied the plaintiffs' motion to dismiss the damages portion of the defendant's Lanham Act counterclaim.

Antitrust LawLabor DisputesSummary JudgmentTortious InterferenceLanham ActSherman ActClayton ActNorris-LaGuardia ActFlag of Convenience VesselsCollective Bargaining
References
55
Case No. 01-11-00459-CV
Regular Panel Decision
Aug 30, 2012

Sonerra Resources Corporation v. Helmerich & Payne International Drilling Co.

Sonerra Resources Corporation, an oil-well operator, sued Helmerich & Payne International Drilling Co., a drilling contractor, for breach of contract, seeking indemnity after an H&P employee was injured by a defective part supplied by Sonerra. Sonerra argued that article 14.8 of their drilling contract required H&P to indemnify it for employee bodily injury claims. H&P contended that article 14.7, which addressed damages from materials furnished by Sonerra, required Sonerra to indemnify H&P. The trial court granted summary judgment in favor of H&P, and the Court of Appeals affirmed this decision. The appellate court found that the term "materials" in article 14.7 encompassed the defective part and that "any loss or damage" included bodily injury claims, making article 14.7 the more specific provision controlling over article 14.8.

contract disputeindemnity agreementbreach of contractsummary judgmentoil and gas industrydrilling contractbodily injury claimsdefective materialscontract interpretationappellate review
References
13
Case No. 00-CV-1161
Regular Panel Decision
Dec 18, 2000

Gallagher v. INTERNATIONAL BROTH. OF ELEC. WORKERS

Plaintiff Michael Gallagher sued several entities, including the International Brotherhood of Electrical Workers (IBEW) and its President J.J. Barry, alleging age discrimination in employment referrals and retaliation through IBEW Local Union No. 43's hiring hall. Gallagher claimed the collective bargaining agreement facilitated discrimination against older workers and that Local 43 was an agent of the International defendants. The defendants moved for judgment on the pleadings, arguing that Gallagher failed to name the International defendants in his EEOC charge, thus failing to exhaust administrative remedies and that no identity of interest existed between the named and unnamed parties. The court granted the motion, dismissing the claims against the International defendants due to Gallagher's failure to file an administrative complaint against them and the lack of an agency relationship or ratification of discriminatory acts. Furthermore, the court found the claims to be time-barred under both state and federal statutes of limitations.

Age DiscriminationEmployment LawLabor UnionCollective Bargaining AgreementEEOCNYSDHRExhaustion of Administrative RemediesFederal Rule of Civil Procedure 12(c)Judgment on PleadingsStatute of Limitations
References
32
Case No. 09-0941
Regular Panel Decision
Jun 17, 2011

Service Corporation International and Sci Texas Funeral Services, Inc., D/B/A Mont Meta Memorial Park v. Juanita G. Guerra, Julie Ann Ramirez, Gracie Little and Mary Esther Martinez

The case involves Service Corporation International and SCI Texas Funeral Services, Inc., which operated Mont Meta Memorial Park, burying Marcos Guerra in a plot previously sold to another party. Despite the family's refusal, the cemetery disinterred and moved Mr. Guerra's body. His widow, Juanita G. Guerra, and daughters sued both corporations for intentional infliction of emotional distress, negligence, and trespass. The Supreme Court of Texas found insufficient evidence to support the liability findings against SCI International and the mental anguish damages awarded to the daughters. The Court also ruled that the trial court improperly admitted evidence of other lawsuits. Consequently, the judgment was reversed and rendered in part, and Mrs. Guerra's claim against SCI Texas was remanded for a new trial.

Cemetery DisputeWrongful DisintermentMental Anguish DamagesCorporate VeilVicarious LiabilityEvidentiary ErrorIrrelevant EvidenceOther Acts EvidencePunitive DamagesTexas Supreme Court
References
32
Case No. 13-24-00035-CV
Regular Panel Decision
Dec 05, 2024

International Brotherhood of Electrical Workers, Local 278, Eduardo Rodriguez, Esteban J. Cavazos, Jerry Castillo, David L. Mays Jr., Avery Santos, Andrew Sitterly Jr., Miguel F. Carranco, Michael De La Cruz, Hector Carrillo, David Roberts, Ronnie Flores, Connor Hamilton, Israel Lopez, Chris Hernandez, Christian Sanchez, and Jose A. Martinez v. Corpus Christi Independent School District

This case concerns an appeal by the International Brotherhood of Electrical Workers, Local 278, and several individual workers (Appellants) against the Corpus Christi Independent School District and its Board of Trustees (Appellees). Appellants challenged the Appellees' prevailing wage rate determination, arguing it violated Chapter 2258 of the Texas Government Code. The trial court initially granted summary judgment in favor of the Appellees. On appeal, the Thirteenth District of Texas Court of Appeals affirmed in part and reversed and remanded in part, concluding that the individual workers had taxpayer standing, but finding a fact issue existed as to whether the Board of Trustees' wage rate survey complied with statutory requirements, specifically regarding its geographical scope and reliance on outsourced data.

Workers' RightsPrevailing WageGovernment CodeUltra ViresSummary JudgmentStandingTaxpayer StandingPolitical SubdivisionPublic WorksTexas Law
References
39
Case No. MISSING
Regular Panel Decision

International Brotherhood of Teamsters v. Kitty Hawk International, Inc. (In Re Kitty Hawk, Inc.)

The case involves a motion for partial summary judgment by Kitty Hawk International, Inc. (Debtor) against the International Brotherhood of Teamsters (Union). The Union sought a declaratory judgment that its members' claims under a collective bargaining agreement (CBA) and the Worker Adjustment and Retraining Notification Act (WARN Act) were immediately due and payable as administrative expenses, arguing the CBA was not properly rejected. The Debtor contended these were pre-petition claims not entitled to priority. The court ruled in favor of the Debtor, holding that claims arising from a CBA not rejected under § 1113 are still subject to the priority scheme of § 507. It found that both the CBA Claims and WARN Claims were not administrative claims because no services were rendered post-petition, making them lower priority unsecured claims.

BankruptcyChapter 11Collective Bargaining AgreementWARN ActClaim PriorityAdministrative ExpensesWage ClaimsDebtor-Employer RelationsUnion ClaimsSummary Judgment
References
35
Case No. MISSING
Regular Panel Decision

Curry v. American International Group, Inc. Plan No. 502

Curry, a former Regional Insurance Underwriting Manager for AIG, sued American International Group, Inc. Plan No. 502 and American International Life Assurance Co. of New York ("AI Life") under ERISA § 502(a) after her long-term disability benefits were terminated. Curry suffers from degenerative osteoarthritis and diabetes. AI Life initially approved her benefits but later terminated them, alleging she could perform a sedentary occupation, relying on unverified medical responses. The court found AI Life's decision to be arbitrary and capricious due to its reliance on unreliable medical opinions, failure to clarify the record, and disregard for Curry's doctors' reports. Consequently, the court granted Curry's motion for summary judgment, denying the defendants' motion, and ordered the reinstatement of her benefits with prejudgment interest and attorney's fees.

ERISALong-term disabilityBenefits terminationArbitrary and capricious standardConflict of interestMedical opinionUnreliable evidenceSummary judgmentOrthopaedic conditionsDiabetes
References
10
Case No. MISSING
Regular Panel Decision

Curran v. International Union, Oil, Chemical & Atomic Workers

Plaintiff, an employee of Carborundum Company, suffered a partial hand amputation in a "rubber roll" machine accident on March 8, 1979. He sued his unions, International Union, Oil, Chemical & Atomic Workers, AFL-CIO, and Abrasive Workers, Local 8-12058, Oil, Chemical & Atomic Workers International Union, alleging state law negligence for failing to safeguard him from dangers and a federal claim for breaching their duty of fair representation. The unions moved for summary judgment, arguing federal law preempts the negligence claim and they did not breach their duty of fair representation. The court granted the unions' motion regarding the negligence claim, ruling that a union's duty to its members, arising from a collective bargaining agreement, is governed exclusively by federal law and does not include a duty of care. However, the court denied the motion regarding the breach of fair representation claim, finding sufficient facts and allegations to infer that the unions may have discharged their duty in an arbitrary, perfunctory manner or in bad faith, thus leaving triable issues of fact.

Union LiabilityDuty of Fair RepresentationNegligence ClaimFederal PreemptionCollective Bargaining AgreementSummary Judgment MotionLabor LawWorkplace AccidentSafety and Health CommitteeArbitrary Union Action
References
8
Case No. No. 00-CV-1161
Regular Panel Decision
Dec 28, 2000

Gallagher v. International Brotherhood of Electrical Workers

Michael Gallagher, a member of IBEW Local 43, sued the International Brotherhood of Electrical Workers (IBEW), its President J.J. Barry, IBEW Local 43, and several electrical contractors, alleging age discrimination in employment referrals and retaliation. He claimed violations of the Age Discrimination in Employment Act (ADEA) and New York Executive Law § 296. The International defendants (IBEW and J.J. Barry) filed a motion for judgment on the pleadings, arguing that Gallagher failed to name them in his administrative charges with the EEOC and NYSDHR, and that the claims were time-barred. The court granted the motion, finding that the "identity of interest" exception did not apply, thereby barring the ADEA claim against the International defendants. Additionally, the court ruled that Gallagher's state law claims were also time-barred due to failure to file within the statutory limits against the International defendants.

Age DiscriminationEmployment LawLabor UnionsCollective BargainingHiring HallEEOCNYSDHRStatute of LimitationsJudgment on the PleadingsIdentity of Interest
References
15
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