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Case Law Database

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

Case No. 03-06-00002-CV
Regular Panel Decision
Jul 20, 2007

Texas Court Reporters Certification Board and Michele Henricks, as Director of the Court Reporters Certification Board v. Esquire Deposition Services, L.L.C.

The Texas Court Reporters Certification Board (Board) initiated disciplinary proceedings against Esquire Deposition Services, L.L.C. (Esquire) for alleged violations concerning long-term volume discount arrangements for court reporting services. Esquire subsequently filed suit against the Board and its director, Michele Henricks, challenging the Board's statutory authority to regulate or prohibit such discounts and seeking declaratory and injunctive relief. The district court denied the Board's plea to the jurisdiction, prompting an appeal. The Court of Appeals held that the Board possesses exclusive jurisdiction over disciplinary claims and determined that Esquire's claims, which broadly questioned the Board's general authority over long-term discounts, were not ripe for judicial review as they depended on contingent facts and agency expertise. Consequently, the appellate court reversed the district court's order, dismissing Esquire's suit due to lack of jurisdiction.

Administrative LawJurisdictionPlea to the JurisdictionRipeness DoctrineExclusive JurisdictionStatutory InterpretationDeclaratory Judgment ActCourt Reporters Certification BoardCourt Reporting FirmsLong-term Volume Discounts
References
15
Case No. 2018 NY Slip Op 01980, 525411
Regular Panel Decision
Mar 22, 2018

Matter of Portlette v. Manhattan & Bronx Surface Tr. Operating Auth.

Claimant Oneshiua Portlette, a bus operator, appealed a Workers' Compensation Board decision denying her claim for benefits. Initially, her employer, Manhattan & Bronx Surface Transit Operating Authority, paid benefits for injuries Portlette reported sustained in a bus accident. However, the employer later suspended payments and raised fraud concerns after video evidence contradicted Portlette's account of the incident and her injuries. A Workers' Compensation Law Judge (WCLJ) and subsequently the Board found that Portlette failed to prove a causally-related injury and made material misrepresentations. The Appellate Division affirmed the Board's decision, finding no error in the Board's consideration of the employer's evidence despite a lack of timely notice of controversy, and upholding the Board's resolution of conflicting medical opinions which supported that no causally-related injury occurred.

Workers' CompensationCausationFraudVideo EvidenceMedical OpinionNotice of ControversyPreclusionAppellate ReviewBus OperatorInjury Claim
References
7
Case No. 13-15-00506-CV
Regular Panel Decision
Dec 17, 2015

Scripps NP Operating, LLC, a Wisconsin Limited Liability Company, Successor in Interest to Scripps Texas Newspapers, LP D/B/A Corpus Christi Caller-Times and the E.W. Scripps Company v. Terry Carter

This case is an interlocutory appeal of a denied motion for summary judgment in a libel lawsuit. Appellants Scripps NP Operating, LLC, and The E.W. Scripps Company are being sued by Appellee Terry Carter, former president and CEO of the Corpus Christi Chamber of Commerce, over 25 articles published in 2008. The articles reported on alleged financial and management irregularities during Carter's tenure, including shifted funds and deferred salary, which led to a stated profit instead of a deficit. Appellants argue that the articles were not defamatory, were substantially true, constituted non-actionable opinion, or were privileged fair reports of judicial proceedings and public meetings, and were published without negligence or actual malice.

LibelDefamationAppellate LawSummary JudgmentFirst AmendmentMedia LawJournalism StandardsFinancial IrregularitiesChamber of CommerceEmployment Dispute
References
50
Case No. MISSING
Regular Panel Decision
Apr 08, 2009

Tepperwien v. Entergy Nuclear Operations, Inc.

Plaintiff James Tepperwien filed a Title VII action against his former employer, Entergy Nuclear Operations, Inc., alleging same-sex sexual harassment by a co-worker, Yito Messina, and subsequent retaliation. The harassment included physical assault and sexually explicit remarks, which Tepperwien reported to management. Entergy moved for summary judgment on claims of hostile work environment, retaliation, and constructive discharge. The court denied summary judgment on the hostile work environment and a portion of the retaliation claim, finding sufficient factual disputes for trial. However, the court granted summary judgment to Entergy on the constructive discharge claim, concluding that the plaintiff's working conditions were not objectively intolerable.

Same-sex harassmentTitle VIIHostile work environmentRetaliationConstructive dischargeSummary judgmentWorkplace discriminationSexual harassmentEmployer liabilityFederal court decision
References
50
Case No. No. 20-0505
Regular Panel Decision
Mar 11, 2022

in Re Eagleridge Operating, Llc

In this premises-defect case, Eagleridge Operating, LLC sought mandamus relief after a trial court struck its designation of Aruba Petroleum, Inc. as a responsible third party. Eagleridge contended that Aruba, a former wellsite owner-operator, held continuing responsibility for injuries from a burst gas pipeline under an independent contractor theory, despite having conveyed its ownership interest. The Supreme Court of Texas denied the petition, affirming the lower courts' decision that Occidental Chemical Corp. v. Jenkins was controlling. The Court reiterated that a property owner acts solely as an owner when improving its own property, and responsibility for premises defects generally transfers with the conveyance of ownership. The Court concluded that Aruba's compensation as operator of record did not transform its role from owner to independent contractor, and thus its responsibility terminated upon conveyance.

Premises liabilityMandamusResponsible third partyProperty ownershipOil and gas lawIndependent contractorOwner-operatorTexas Supreme CourtAppellate procedureCivil Practice and Remedies Code
References
28
Case No. 10-10-00171-CV
Regular Panel Decision
Mar 14, 2012

Mary Frances Haferkamp v. SSC Waco Greenview Operating Company, LP, Mariner Healthcare Management Company, SSC Pasadena Operating Company, LP, LLC, Savanseniorcare, LLC, Savaseniorcare Administrative Services, LLC

Mary Frances Haferkamp appealed the trial court's summary judgment in favor of SSC Waco Greenview Operating Company LP and other entities. Haferkamp sued for negligence due to an alleged workplace injury, claiming appellees were nonsubscribers to worker’s compensation insurance and failed to provide a safe workplace and adequate tools. Appellees moved for summary judgment, arguing lack of proximate cause and no breach of duty. The appellate court affirmed the summary judgment, finding that Haferkamp's deposition testimony conclusively established that the appellees' alleged negligence was not the proximate cause of her injury, as the patient's sudden act was unpreventable and she would not have used a gait belt even if available.

Negligence ClaimWorkplace InjurySummary Judgment AppealProximate CauseTexas Labor CodeNonsubscriber EmployerEmployer Duty of CareAppellate ReviewDeposition TestimonyGait Belt
References
14
Case No. MISSING
Regular Panel Decision

Mayes v. Local 106, International Union of Operating Engineers

The case involves plaintiff George A. Mayes suing Local 106, International Union of Operating Engineers, and its officers for alleged discrimination in job referrals and denial of rights under the Labor-Management Reporting and Disclosure Act (LMRDA). The defendants counterclaimed, seeking expenses incurred from Mayes' "baseless charges" against union members James Tommaney and Dan Lewis, citing violations of the Union's constitution and state law tort and breach of contract claims. Mayes moved for summary judgment, arguing good faith in filing charges under LMRDA and lack of court jurisdiction over the counterclaims. The court found material factual disputes regarding Mayes' motives, asserting jurisdiction over the counterclaims under 29 U.S.C. § 185. It also determined that the tort and breach of contract claims were sufficiently pleaded, thereby denying Mayes' motion for summary judgment and allowing the counterclaims to proceed.

Labour LawUnion DisputeSummary JudgmentCounterclaimsLMRDAFree SpeechUnion ConstitutionJurisdictionTort ClaimsBreach of Contract
References
13
Case No. 2-04-065-CV
Regular Panel Decision
Jan 27, 2005

Tarrant County Hospital District D/B/A John Peter Smith Hospital v. GE Automation Services, Inc., F/K/A GE Industrial Systems Solutions, Inc., Supply Operations, Inc., F/K/A GE Supply Operations, Inc., and General Electric Company

Appellant Tarrant County Hospital District appealed a summary judgment granted to Appellees GE Automation Services, Inc., Supply Operations, Inc., and General Electric Company. The suit stemmed from a 1996 transaction where Appellant alleged Appellees provided a defective bus duct system, leading to contract, warranty, products liability, and negligence claims. The appellate court affirmed the trial court's decision, ruling that the four-year statute of limitations under the Uniform Commercial Code (Texas Business & Commerce Code § 2.725) barred the contract and warranty claims, overriding governmental immunity. Furthermore, the court held that the economic loss rule precluded Appellant's tort claims, as the alleged damages constituted economic losses to the subject matter of the contract itself.

Summary JudgmentGovernmental ImmunityStatute of LimitationsEconomic Loss RuleBreach of ContractBreach of WarrantyProducts LiabilityNegligenceUniform Commercial CodeTexas Civil Practice and Remedies Code
References
34
Case No. MISSING
Regular Panel Decision

International Union of Operating Engineers, Local 17 v. Union Concrete & Construction Corp.

Plaintiff International Union of Operating Engineers, Local 17, AFL-CIO ("Local 17") filed a grievance against Union Concrete and Construction Corporation ("UCC") to compel arbitration regarding UCC's emergency snow removal work for Erie County in November 2014, alleging violations of their Collective Bargaining Agreement (CBA). UCC argued the work was not covered by the CBA's "Heavy and/or Highway Construction" definition, rendering the arbitration clause inapplicable. Magistrate Judge Jeremiah J. McCarthy issued a Report and Recommendation to grant UCC's motion for summary judgment and deny Local 17's. United States District Judge Richard J. Arcara conducted a de novo review and adopted the Magistrate Judge's findings in their entirety, concluding that the emergency snow removal work did not constitute "Heavy and/or Highway Construction" under the CBA. Consequently, Local 17’s motion for summary judgment to compel arbitration was denied, and UCC’s motion for summary judgment was granted, leading to the closure of the case.

Labor Management Relations ActCollective Bargaining AgreementArbitrabilitySummary JudgmentContract InterpretationEmergency Snow RemovalHeavy ConstructionHighway ConstructionScope of Arbitration ClauseDe Novo Review
References
26
Case No. 02-14-00303-CV
Regular Panel Decision
Aug 27, 2015

Titan Operating, LLC v. Marcus C. Marsden, Jr. and Laura B. Marsden

The case involves Titan Operating, LLC appealing a trial court's judgment favoring Marcus C. Marsden, Jr. and Laura B. Marsden in a nuisance suit. The Marsdens claimed Titan's oil and gas drilling operations near their home constituted a nuisance. However, the Marsdens had previously signed an oil and gas lease and an easement agreement with Titan (or its predecessors), receiving bonus payments and ongoing royalties. The Court of Appeals for the Second District of Texas, Fort Worth, reversed the trial court's decision, applying the doctrine of quasi-estoppel. The court ruled that it was unconscionable for the Marsdens to accept financial benefits from transactions authorizing drilling operations while simultaneously suing for nuisance based on the effects of those same operations. Consequently, the appellate court rendered judgment that the Marsdens take nothing.

Oil and Gas LawNuisanceQuasi-EstoppelProperty RightsMineral RightsLease AgreementEasementAppellate ReviewTexas Civil ProcedureLandowner Rights
References
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