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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

Stephens v. LJ PARTNERS

Plaintiff filed an action in state court against Defendants Drake Leddy and LJ Partners, alleging breach of contract, fraud, negligent misrepresentation, and violations of the Fair Labor Standards Act (FLSA), among other claims, stemming from a dispute over compensation for work performed under a SAMDA contract. Defendants removed the case to federal court, citing original subject matter jurisdiction over the FLSA claim and supplemental jurisdiction over state law claims. Plaintiff subsequently filed a motion for remand, arguing for discretionary remand under 28 U.S.C. § 1367(c) and § 1441(c). The District Court denied the motion for remand, holding that it lacked discretion to remand federal causes of action and found that remanding state law claims would not promote economy, convenience, or fairness given their close relation to the federal FLSA claim.

Federal Question JurisdictionSupplemental JurisdictionMotion to RemandFair Labor Standards ActRemoval JurisdictionDistrict Court DecisionContract DisputeEmployment LawJudicial DiscretionBexar County
References
5
Case No. MISSING
Regular Panel Decision

McKay v. Point Shipping Corp.

The Marine Engineers Beneficial Association (Union) filed a motion to remand an action previously removed to federal court by Point Vail Company. The Union sought to confirm an arbitrator's award against Point Vail and Point Shipping Corporation regarding a collective bargaining agreement dispute. Point Vail opposed the remand, claiming Point Shipping was fraudulently joined, thus obviating its need to consent to removal. The District Court found no evidence of fraudulent joinder, noting that the Union sought relief against Point Shipping, whose potential liability was substantial despite an indemnity agreement. Consequently, the court ruled the removal petition defective due to Point Shipping's non-joinder and ordered the case remanded to the New York Supreme Court, while denying the Union's request for litigation fees.

Remand MotionFraudulent JoinderRemoval JurisdictionArbitration AwardCollective Bargaining AgreementLabor LawFederal CourtState CourtIndemnity AgreementUnion Dispute
References
16
Case No. MISSING
Regular Panel Decision

Dallas County v. Logan, Roy

This case is an interlocutory appeal where Dallas County challenges the denial of its plea to the jurisdiction in a whistleblower lawsuit filed by Roy Logan. Initially, the appellate court affirmed the denial, but the Texas Supreme Court reversed and remanded, clarifying that all immunity grounds, even if newly raised on appeal, must be considered. On remand, the court evaluates Dallas County's arguments concerning whether Logan reported violations to an 'appropriate law enforcement authority' and if his reports were made in 'good faith,' encompassing both subjective and objective elements. The court concludes that the investigators hired by Dallas County were not considered part of a governmental entity under the Whistleblower Act. Due to Logan not having a full opportunity to address newly raised jurisdictional issues regarding objective good faith in the trial court, particularly in light of recent Supreme Court guidance, the case is reversed and remanded for further proceedings.

Whistleblower ActGovernmental ImmunityPlea to JurisdictionInterlocutory AppealTexas Civil Practice and Remedies CodeTexas Government CodeObjective Good FaithSubjective Good FaithLaw Enforcement AuthorityRetaliation
References
28
Case No. MISSING
Regular Panel Decision

May v. Apache Corp.

Plaintiffs initiated a lawsuit in a Texas state court, alleging state law claims related to property damage from the defendants' oil and gas operations. After later discovering contamination, they amended their complaint to include claims under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the Texas Water Code. Subsequently, the defendants removed the case to a federal district court, citing the federal CERCLA claim. The district court, presided over by Judge Nelva Gonzales Ramos, ruled on the plaintiffs' motion to remand. The court denied the remand for the CERCLA claims due to exclusive federal jurisdiction but granted the remand for the state law claims, sending them back to the Nueces County state court. This partial remand was based on factors such as differing trial procedures (bench vs. jury) and the predominance of distinct state law issues.

CERCLATexas Water CodeRemoval JurisdictionSupplemental JurisdictionRemandState Law ClaimsFederal QuestionOil and Gas OperationsEnvironmental ContaminationProperty Damage
References
42
Case No. MISSING
Regular Panel Decision

United States ex rel. Wall v. Circle C Construction, LLC

Relator Brian Wall and the United States (Plaintiffs) sued Circle C Construction, LLC (Defendant) for violations of the False Claims Act (FCA) related to federal contracts at Fort Campbell. Circle C knowingly submitted false payroll certifications, failing to comply with the Davis-Bacon Act's prevailing wage requirements for its electrical subcontractor, Phase Tech. After two appeals to the Sixth Circuit, the case was remanded to the District Court for recalculation of damages. The District Court, presided over by Judge Kevin H. Sharp, determined that Circle C's fraud tainted $259,298.18 of government payments for electrical work performed by Phase Tech on Kentucky-based buildings. Applying treble damages under the FCA and offsetting a settlement payment, the Court awarded Plaintiffs $762,894.54 in total damages.

False Claims ActDavis-Bacon ActGovernment Contract FraudWage ViolationsDamages RecalculationFederal Acquisition RegulationsSubcontractor LiabilityPrevailing WageTreble DamagesQui Tam
References
14
Case No. MISSING
Regular Panel Decision

Texas Employers' Ins. Ass'n v. Foreman

This case, an opinion after remand and second rehearing, involves a worker's compensation claim for an alleged back injury resulting in total permanent disability. The Chief Justice, following a Supreme Court remand, finds the jury's verdict for the plaintiff (appellee) to be against the great weight and preponderance of the evidence. Numerous defense witnesses testified they did not observe the alleged injury or any symptoms from the plaintiff, who also failed to disclose it to doctors or employers at relevant times, despite claiming severe pain. The court notes the plaintiff had a prior similar injury and refused to release medical records. Consequently, the appellate court reverses and remands the case for a new trial.

Workers' CompensationRemandJury VerdictPreponderance of EvidenceAccidental InjuryTotal Permanent DisabilityMedical TestimonyPrior InjuryWitness TestimonyRehearing
References
8
Case No. MISSING
Regular Panel Decision

Saenz v. AUSTIN ROOFER'S SUPPLY, LLC

Plaintiffs Javier Saenz, Jorge Juarez, and Rebecca Arredondo filed a motion to remand their state law claims for breach of contract, assault, battery, and negligent training, retention, and supervision back to state court, while acknowledging federal jurisdiction over their Fair Labor Standards Act (FLSA) claim. Defendants Austin Roofer’s Supply, LLC and Arturo Portillo opposed the partial remand. The Court granted the motion to remand for the tort claims (assault, battery, and negligent training, retention, and supervision) because they lacked a common nucleus of operative facts with the FLSA claim, thus failing supplemental jurisdiction requirements. However, the Court denied the motion to remand for the breach of contract claim, finding it shared a common nucleus of operative facts with the FLSA claim regarding unpaid wages, and therefore retained supplemental jurisdiction over it.

Removal JurisdictionSupplemental JurisdictionFair Labor Standards Act (FLSA)Breach of ContractAssault and BatteryNegligent TrainingNegligent RetentionNegligent SupervisionMotion to RemandFederal Question Jurisdiction
References
21
Case No. 14-06-00651-CV
Regular Panel Decision
Jun 04, 2009

Texas Mutual Insurance Company v. P. Lance Morris

Texas Mutual Insurance Company (carrier) appealed a final judgment in favor of workers' compensation claimant P. Lance Morris. Morris sued Texas Mutual for bad faith and violations of the Texas Insurance Code after the company initially preauthorized his back surgery but then disputed the claim. Texas Mutual also counterclaimed for fraud. The jury found Texas Mutual engaged in unfair/deceptive acts and knowingly violated the Texas Insurance Code, awarding damages for mental anguish and loss of credit reputation, plus additional damages. On appeal, the court found legally sufficient evidence to support the jury's findings of unfair practices and knowing violation, as well as mental anguish damages. However, the court found insufficient evidence for damages to credit reputation, reducing the actual and additional damages accordingly, and remanding the issue of attorney's fees and interest for recalculation. The court affirmed the remainder of the trial court's judgment.

Insurance Code ViolationUnfair Settlement PracticesReasonable InvestigationKnowing ViolationMental Anguish DamagesCredit Reputation DamagesBad Faith ClaimCausal ConnectionPre-existing ConditionDamages Recalculation
References
39
Case No. MISSING
Regular Panel Decision

Gomez v. O'Reilly Auto. Stores, Inc.

Plaintiff Maria Gomez sued Defendants O'Reilly Automotive Stores, Inc. and O'Reilly Automotive, Inc. d/b/a O'Reilly Auto Parts for negligence, alleging a workplace injury and that the defendants were non-subscribers under the Texas Workers' Compensation Act (TWCA). The defendants removed the case to federal court based on diversity jurisdiction. Gomez filed a motion to remand, arguing that her claims, being against a non-subscribing employer, arose under the TWCA and were therefore nonremovable under 28 U.S.C. § 1445(c). The Court denied the motion, finding that negligence claims against non-subscribing employers are common law claims, not created by the TWCA, and do not raise a substantial question of the TWCA. The Court also rejected the argument that a split in authority among district courts warranted remand, asserting its obligation to decide the issue and noting a growing consensus against remand in similar cases.

Motion to RemandWorkers' CompensationNonsubscriber EmployerNegligenceDiversity JurisdictionFederal RemovalStatutory InterpretationCommon LawTexas Labor CodeFederal Courts
References
37
Case No. MISSING
Regular Panel Decision

De La Paz v. State

Oscar Pena De La Paz's convictions for aggravated sexual assault and injury to a child were affirmed on remand. The Texas Court of Criminal Appeals had reversed an earlier affirmation due to erroneously admitted hospital records containing victim statements. On remand, the court conducted a harm analysis, finding that despite the erroneous admission and the State's emphasis on the notes, the error was harmless beyond a reasonable doubt. The court reasoned that the strong medical and circumstantial evidence, De La Paz's suspicious behavior, and inconsistent statements were sufficient for conviction. The court also concluded that the notes did not contribute to the jury's punishment assessment and rejected claims of ineffective assistance of counsel.

Aggravated Sexual AssaultInjury to a ChildHarm AnalysisInadmissible EvidenceConfrontation ClauseMedical RecordsVictim StatementsAppellate ReviewCriminal ConvictionChild Abuse
References
8
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