CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. 04-22-00232-CV
Regular Panel Decision
Dec 11, 2024

Champion Food Service, Inc. and Champion Food Service 2, Inc. (Cross-Appellee) v. ProAlamo Foods, L.L.C. and ProCoastal, L.L.C. (Cross-Appellant)

Champion Food Service, Inc. and Champion Food Service 2, Inc. (Champion) appealed a final judgment in favor of ProAlamo Foods, L.L.C. and ProCoastal, L.L.C. (Pro Parties) after a jury trial. The appellate court reversed the trial court's order awarding additional post-verdict attorneys' fees to the Pro Parties, finding the re-opening of evidence impermissible. However, the court affirmed the judgment for the Pro Parties on their quantum meruit claim, including attorneys' fees (excluding the reversed post-verdict award). Champion's claims for DTPA violations and breach of implied warranty were denied due to insufficient evidence. The court upheld the trial court's evidentiary rulings regarding frozen meat products and text messages.

Quantum MeruitAttorneys' FeesDirected VerdictBreach of ContractImplied WarrantyDTPAAppellate ReviewJury VerdictPost-Verdict FeesFood Distribution
References
48
Case No. 2016-334 S C
Regular Panel Decision
Apr 27, 2017

2 & 9 Acupuncture, P.C. v. 21st Century Advantage Ins. Co.

This case concerns an appeal by 2 & 9 Acupuncture, P.C. from an amended order that granted summary judgment to 21st Century Advantage Insurance Company, dismissing a complaint to recover assigned first-party no-fault benefits. The defendant argued it had paid the plaintiff in accordance with the workers' compensation fee schedule. The Appellate Term, Second Department, reversed the lower court's decision, finding that the defendant failed to prima facie demonstrate proper denial of payment for services billed under CPT codes 97026 and 97016. Consequently, the defendant's motion for summary judgment regarding these specific CPT codes was denied.

No-Fault BenefitsSummary JudgmentCPT CodesWorkers' CompensationAppellate ReviewInsurance LawMedical BillingAcupunctureSuffolk CountyPayment Dispute
References
3
Case No. W2012-00469-COA-R3-PT
Regular Panel Decision
Sep 17, 2012

In the Matter of: D.C., Jr., G.C., D.C., and H.C.

This case concerns the appeal of D.C., Sr. against the termination of his parental rights to his four children (D.C., Jr., G.C., D.C., and H.C.). The Tennessee Department of Children’s Services (DCS) removed the children due to neglect and abuse. The juvenile court terminated his parental rights on grounds of abandonment (failure to provide a suitable home), substantial noncompliance with the permanency plan, and persistent conditions. The Court of Appeals affirmed the termination, agreeing with the juvenile court on most grounds but reversing the finding on abandonment by failure to support, concluding that even minimal payments were token support and that the father ceased payments upon moving to Texas. The appellate court found overwhelming evidence that termination was in the children's best interest.

Parental Rights TerminationChild NeglectChild AbuseAbandonmentPermanency Plan NoncompliancePersistent ConditionsJuvenile Court AppealChild SupportBest Interest of ChildFoster Care
References
39
Case No. MISSING
Regular Panel Decision
Jul 10, 2013

Christopher C. v. Bonnie C.

This divorce action between Christopher C. and Bonnie C. addresses equitable distribution, spousal maintenance, and counsel fees. The defendant, Bonnie C., who has a court-appointed guardian due to mental and emotional difficulties, had separated from the plaintiff in 2003 and informally divided marital assets. The court ratified this prior asset division, noting the defendant had dissipated her share. Finding the defendant unable to work and self-support, and the plaintiff capable of employment despite his claims of disability, the court awarded the defendant non-durational permanent maintenance of $2,500 per month and substantial attorney's fees. The plaintiff's motion to suspend or refund temporary maintenance was denied.

DivorceSpousal MaintenanceEquitable DistributionGuardianshipMental Health IssuesAsset DissipationAttorney's FeesFinancial CapacityPermanent MaintenanceMarital Property
References
12
Case No. 01-15-00556-CV
Regular Panel Decision
Sep 21, 2015

in the Interest of S. R.- M. C.

R.A.C., Sr. (Appellant) filed an appeal against the Department of Family and Protective Services (Appellee) seeking reversal of a judgment that terminated his parental rights to his child, S.R.-M.C. The initial judgment was entered on June 2, 2015, by the 313th District Court of Harris County, Texas. Appellant argues that the evidence was legally and factually insufficient to support the termination grounds, specifically constructive abandonment under Texas Family Code Section 161.001(1)(N) and the finding that termination was in the child's best interest under Section 161.001(2). He contends that the Department did not make reasonable efforts for reunification and that he lacked resources to maintain contact or provide a safe environment. The brief concludes with a prayer for the Court of Appeals to reverse the judgment and remand the case for an evidentiary hearing on conservatorship.

child protectionparental rightstermination of parental rightsappealTexas family lawHarris Countyconstructive abandonmentbest interest of childlegal sufficiencyfactual sufficiency
References
15
Case No. No. 08-07-00346-CV
Regular Panel Decision
Feb 24, 2010

W.C. LaRock, D.C., P.C. D/B/A Auto & Work Injury Clinic and Maria Del Carmen Gallardo/Rosemary Smith v. Rosemary Smith/W.C. LaRock, D.C., P.C. D/B/A Auto & Work Injury Clinic and Maria Del Carmen Gallardo

Rosemary Smith, an El Paso Police Officer, sued W.C. LaRock, D.C., P.C., d/b/a Auto & Work Injury Clinic, and its employee Maria Gallardo, alleging negligence after a physical therapy session aggravated a prior back injury. The City of El Paso, Smith's worker's compensation subrogee, joined as a plaintiff. The jury found Gallardo negligent, awarding Smith $488,000, which the trial court reduced to $339,983.58. Both parties appealed. The Court of Appeals found the expert testimony on causation insufficient to establish that Gallardo's therapy proximately caused Smith's reherniation, as the expert only stated it was "possible." The court reversed the trial court's judgment.

Medical MalpracticeNegligenceCausationExpert TestimonyPhysical TherapyHerniated DiscSpinal SurgeryProximate CauseLegal SufficiencyAppeal
References
33
Case No. No. E2003-01832-COA-R3-PT
Regular Panel Decision
Jun 07, 2004

In Re: C.D.C., Jr.

The case "In re C.D.C., JR." concerns the termination of parental rights of Christopher Dean Collins, Sr. to his son, C.D.C., Jr. The Juvenile Court for Greene County terminated the father's rights based on statutory grounds of willful non-support, non-visitation, and the child's best interests. The father appealed, arguing he was unaware of his son's location. The Court of Appeals of Tennessee at Knoxville affirmed the lower court's decision, citing the father's lack of credibility, failure to maintain contact or provide support despite legal obligations, and general indifference. The court emphasized that the child was thriving in a prospective adoptive foster home, making termination in his best interest, and found clear and convincing evidence of abandonment and parental unfitness.

Termination of Parental RightsChild AbandonmentChild SupportParental UnfitnessBest Interest of ChildAppellate CourtJuvenile LawVisitation RightsDue ProcessCredibility Assessment
References
16
Case No. 14-15-00882-CV
Regular Panel Decision
Dec 28, 2015

in the Interest of K.I.B.C., a Child

This is an appellant's brief challenging the termination of parental rights of C.B. to her child, K.I.B.C. The Texas Department of Family and Protective Services (DFPS) initiated the case due to concerns about neglectful supervision and domestic violence. After an initial conservatorship order, the trial court later terminated C.B.'s parental rights based on Texas Family Code Section 161.001(1)(E) and (O). C.B. argues that the evidence was legally and factually insufficient to support the termination grounds and that the termination was not in K.I.B.C.'s best interest, requesting a reversal and remand.

Parental Rights TerminationChild WelfareFamily Law AppealLegal Sufficiency of EvidenceFactual Sufficiency of EvidenceDomestic ViolenceParental Mental HealthNon-compliance with Service PlanChild's Best InterestTexas Family Code 161.001
References
21
Case No. MISSING
Regular Panel Decision

Giordano v. Forest City Ratner Companies

Brian Giordano, a carpenter, was injured at a construction site when a sheet of plywood struck him. He sued F.C. Foley Square Associates, LLC, and FCR Construction Services, LLC, alleging violations of Labor Law § 241 (6) based on Industrial Code sections 12 NYCRR 23-2.2 (a) and 23-2.4. The Supreme Court initially granted the defendants' motion for summary judgment, dismissing claims based on both sections. On appeal, the court affirmed the dismissal regarding 12 NYCRR 23-2.4, finding it inapplicable to poured concrete construction. However, the court reversed the dismissal concerning 12 NYCRR 23-2.2 (a), stating that the defendants failed to establish prima facie entitlement to summary judgment because the Court of Appeals had previously reversed a similar precedent regarding the applicability of this section to incomplete forms.

Personal InjuryConstruction AccidentLabor LawSummary JudgmentIndustrial CodePlywood InjuryConcrete WorkFlooring RequirementsAppellate DecisionPrima Facie Entitlement
References
6
Case No. 02-15-00044-CV
Regular Panel Decision
May 12, 2016

in the Interest of M.C. and A.C., Minor Children

In this case, R.C. appealed the trial court's judgment for S.G. regarding past-due child support. The dispute originated from a 1986 divorce decree ordering R.C. to pay child support, which S.G. sought to collect over two decades later. The trial court initially awarded S.G. $139,976.43, but this order was later set aside, and a new trial was granted. Subsequently, the trial court signed a judgment for S.G. in the amount of $146,437.56, plus interest, attorney's fees, and court costs. R.C. challenged the sufficiency of the evidence for the arrearages calculation and the award of attorney's fees, and also requested a payout schedule. The appellate court affirmed the attorney's fees and the decision not to establish a payout schedule, but reversed the amount of child support arrearages, rendering judgment for S.G. in the amount of $104,862.27, which was the amount R.C. had stipulated to.

Child Support ArrearagesFamily LawAppellate ReviewSufficiency of EvidenceInterest CalculationAttorney's FeesDefault JudgmentMotion for New TrialWage AssignmentChild Support Enforcement
References
38
Showing 1-10 of 9,773 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational