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

Case No. 13-15-00469-CV
Regular Panel Decision
Sep 10, 2015

John C. Dempsey A/K/A Jack Dempsey and 401 Gold Consultants v. U.S. Money Reserve, Inc. D/B/A United States Rare Coin & Bullion Reserve

U.S. Money Reserve, Inc. sued John C. Dempsey for an injunction and money judgment based on a non-compete agreement. The trial court denied Dempsey’s motion to stay arbitration and, after an arbitration award of $1,650,000.00 was entered, confirmed the award despite Dempsey's objections. This appeal argues that the arbitration provision did not cover the specific dispute regarding a breach of contract and liquidated damages, and that USMR waived its right to arbitration by substantially invoking the judicial process for over three years.

Arbitration AgreementNon-Compete ClauseBreach of ContractWaiver of ArbitrationJudicial ProcessAppellate ReviewSummary Judgment MotionInjunctive ReliefLiquidated DamagesTexas Law
References
7
Case No. ADJ8211363
Regular
Sep 23, 2014

LUIS GONZALES vs. ROBERT HEELY CONSTRUCTION, TRAVELERS INSURANCE COMPANY

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of an award finding cumulative trauma injury to the applicant's lungs from Valley Fever. The WCJ reserved jurisdiction over final permanent disability, deeming the disease insidious and potentially reoccurring, despite the applicant's current stable condition. The Board affirmed the WCJ's decision, citing medical evidence of potential relapse and the precedent allowing jurisdiction reservation for insidious progressive diseases. A dissenting opinion argued the medical evidence did not support classifying Valley Fever as insidious and progressive in this case, and thus jurisdiction should not have been reserved beyond the statutory limit.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and Awardcumulative trauma injuryValley Fevercoccidioidomycosisinsidious progressive diseasepermanent disabilityreservation of jurisdictionAgreed Medical Examiner
References
10
Case No. ADJ6836868
Regular
Feb 03, 2012

STEPHEN SEAVELLO vs. COUNTY OF SAN DIEGO

This case concerns a deputy sheriff diagnosed with skin cancer, with a presumption that it arose from his employment. The Workers' Compensation Appeals Board reversed the administrative law judge's finding that the skin cancer was an "insidious disease process" and the subsequent reservation of jurisdiction over permanent disability. The Board determined that the applicant's condition was found to be permanent and stationary, and not a progressive insidious disease, thus precluding jurisdiction beyond the statutory five-year limit for amendments. Consequently, the original award of 4% permanent disability and need for future medical treatment was reinstated, but without the reservation of jurisdiction.

Workers' Compensation Appeals BoardStephen SeavelloCounty of San DiegoSkin CancerDeputy SheriffPermanent DisabilityFuture Medical TreatmentInsidious Disease ProcessReservation of JurisdictionLabor Code Section 5804
References
8
Case No. MISSING
Regular Panel Decision

People v. Herne

This case addresses a jurisdictional issue concerning the St. Regis Mohawk Tribal Police's authority outside their reservation boundaries. Defendant Amanda Herne was arrested by tribal police in Franklin County, but outside the St. Regis Mohawk Reservation, for aggravated driving while intoxicated, driving while intoxicated, and speed not reasonable and prudent. The court, interpreting Indian Law § 114, concluded that the tribal police's powers are strictly limited to the reservation, except for specific circumstances not present. Consequently, the arrest was deemed null and void due to lack of jurisdiction. The indictment against Amanda Herne was dismissed, with the court noting that tribal officers can still assist other agencies or provide citizen testimony.

Indian LawTribal Police JurisdictionSt. Regis Mohawk TribeCriminal Procedure LawStatutory ConstructionGeographic JurisdictionDWITraffic OffenseArrest AuthorityMotion to Dismiss
References
17
Case No. 09-08-137 CV
Regular Panel Decision
Oct 30, 2008

Chad Poole and Terry Fendley v. U.S. Money Reserve, Inc. D/B/A United States Rare Coin & Bullion Reserve

The appellants, Chad Poole and Terry Fendley, filed an interlocutory appeal after the trial court issued a temporary injunction prohibiting them from subsequent employment in the gold coin industry for a period of three years. The Court of Appeals held that while the trial court did not abuse its discretion in granting a temporary injunction to preserve the status quo, it did abuse its discretion in crafting the temporary injunction order. The court declared the temporary injunction order void and dissolved it because it was overly broad and failed to comply with Rule 683 of the Texas Rules of Civil Procedure. Consequently, the case was reversed and remanded.

Temporary InjunctionCovenant Not to CompeteOverbroad InjunctionRule 683 Texas Rules of Civil ProcedureIrreparable InjuryAbuse of DiscretionAppellate ReviewSalesmen RestrictionEmployment AgreementTrade Secrets
References
29
Case No. MISSING
Regular Panel Decision

Moodie v. Federal Reserve Bank of New York

Vincent Moodie, a Black male, sued the Federal Reserve Bank of New York for racial discrimination under Title VII after his termination due to an altercation with a white co-worker. Moodie claimed his dismissal was racially motivated and that the bank's stated reason—that he was the aggressor in a workplace fight—was a pretext. The incident involved Moodie confronting his co-worker, Tony Riolo, over a derogatory remark, which escalated into a physical engagement. The court, presided over by Judge Lasker, found that Moodie failed to prove by a preponderance of the evidence that the bank's internal investigation or dismissal decision was tainted by racial prejudice. The complaint was therefore dismissed, as the bank provided credible non-discriminatory explanations for its actions and demonstrated a consistent policy regarding workplace violence.

Race DiscriminationTitle VIIWorkplace ViolenceWrongful TerminationEmployer PolicyPretextDisparate TreatmentInternal InvestigationFederal Reserve BankAggressor
References
5
Case No. MISSING
Regular Panel Decision

Bass v. Waller County Sub-Regional Planning Commission

The Waller County Sub-Regional Planning Commission challenged the court's jurisdiction over an appeal filed by James Bass, Executive Director of the Texas Department of Transportation. The appeal concerned interlocutory orders from a district court, which included granting partial summary judgment to the Planning Commission and deferring a ruling on a plea to the jurisdiction by the Executive Director. The Executive Director argued for jurisdiction under Section 51.014(a)(8) of the Civil Practice and Remedies Code, asserting an implicit denial of his jurisdictional challenges. However, the appellate court concluded it lacked jurisdiction because the district court's explicit deferral of the jurisdictional ruling contradicted any implied denial, or alternatively, effectively vacated any such implied ruling. Consequently, the Planning Commission's motion was granted, and the appeal was dismissed.

interlocutory appealsubject-matter jurisdictiongovernmental immunityplea to the jurisdictionpartial summary judgmentTexas Civil Practice and Remedies CodeLocal Government Codemandamus reliefinjunctive reliefultra vires claims
References
26
Case No. MISSING
Regular Panel Decision

Verdi v. United States

This case addresses the application of pendent jurisdiction in a Federal Torts Claims Act (FTCA) case where a state common law claim is asserted against a party over whom there is no independent federal jurisdiction. Plaintiffs brought an action, including a claim against the Town of Huntington, following a slip and fall accident near a U.S. Post Office. The Town of Huntington moved to dismiss for lack of jurisdiction. The U.S. Magistrate recommended retaining jurisdiction, applying the doctrine of pendent-party jurisdiction. The District Court adopted this recommendation, concluding that pendent-party jurisdiction is appropriate in FTCA cases under these circumstances to ensure all claims can be tried in a single federal forum. Therefore, the Town of Huntington's motion to dismiss was denied, and its request for an interlocutory appeal was also denied.

Pendent JurisdictionFederal Tort Claims ActSlip and FallMotion to DismissPersonal InjuryFederal Court JurisdictionState Law ClaimsCommon Nucleus of Operative FactInterlocutory AppealJudicial Economy
References
27
Case No. MISSING
Regular Panel Decision

In re Bridget Y.

The dissenting opinion argues that the New York Family Court improperly exercised temporary emergency jurisdiction over the subject children, Colleen Y. and Kelly Y. While agreeing that New Mexico was the children's home state and a custody proceeding was already pending there, the dissent contends that the strict criteria for an emergency, requiring 'imminent and substantial danger,' were not met. The dissent points out that the New Mexico court had already assumed jurisdiction, transferred custody to an Ohio family, and issued a protective order against the parents, thereby eliminating any immediate risk of abuse or parental control. The opinion concludes that the Family Court's order creates jurisdictional conflict rather than eliminating it, advocating for the reversal of the orders and dismissal of the proceeding for lack of jurisdiction over the children under 18.

Child CustodyUCCJEAEmergency JurisdictionNeglect ProceedingsInterstate JurisdictionNew Mexico LawNew York Family CourtHome State RuleImminent HarmParental Rights
References
14
Case No. MISSING
Regular Panel Decision
Nov 13, 1985

National Union Fire Insurance v. Ideal Mutual Insurance

This case involves an appeal concerning personal jurisdiction over Parthenon Insurance Company. The plaintiff appealed an order denying its motion to reargue and renew opposition to Parthenon's motion to dismiss for lack of personal jurisdiction. The Appellate Division reversed the lower court's decision, granting the plaintiff's motion to reargue and renew, and subsequently denying Parthenon's motion to dismiss without prejudice, allowing for limited discovery on the jurisdictional issue. The central legal question is whether Parthenon, a 'captive' insurer for Hospital Corporation of America (HCA) and its subsidiaries, which conduct business in New York, is subject to personal jurisdiction in New York State. The court found that enough evidence was presented to warrant discovery to establish jurisdiction.

Personal JurisdictionCorporate VeilSubsidiary LiabilityParent CompanyInsurance CoverageMotion to DismissDiscoveryAppellate ReviewCPLRCaptive Insurer
References
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