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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

Dallas Independent School District v. Daniel

Walter Daniel and the Federation of State, County, and Municipal Employees Local Union No. 1442 sued the Dallas Independent School District and its officials for wrongful termination of Daniel's employment, alleging it was due to his union membership, grievance presentations, and testimony in a prior lawsuit. The trial court granted a temporary mandatory injunction, reinstating Daniel, and found his discharge unlawful under Texas statutes and the State Constitution. The defendants appealed this injunction. The appellate court, presided over by Chief Justice Dixon, reversed the trial court's order, ruling that it erred by deciding the ultimate factual issues of the case in a preliminary hearing for a temporary injunction. The appellate court emphasized that a temporary injunction should not grant substantially all the relief obtainable in a final hearing.

wrongful terminationunion membershiptemporary injunctionlabor lawTexas Constitutionappellate proceduredue processfreedom of assemblyjudicial discretionadministrative remedies
References
12
Case No. 01-15-00583-CV
Regular Panel Decision
Sep 11, 2015

the Honorable Mark Henry, County Judge of Galveston County v. the Honorable Lonnie Cox, Judge of the 56th District Court of Galveston County

This interlocutory appeal concerns a temporary injunction obtained by District Court Judge Lonnie Cox on behalf of Ms. Bonita Quiroga against County Judge Mark Henry of Galveston County. The injunction directed Judge Henry to reinstate Ms. Quiroga's employment as court administrator with a salary of $113,000. The core dispute is over the salary range for the court administrator position, with Judge Cox proposing $85,000-$120,000 and the Commissioners Court setting it at $57,705-$63,695 due to decreased responsibilities. The Appellant argues that new amendments to Section 75.401 of the Government Code, effective September 1, 2015, render the temporary injunction moot. The new statute grants exclusive power to the judges served to appoint the court administrator and to the Commissioners Court to set the salary range, nullifying the injunction's directives. Therefore, the Appellant requests the Court of Appeals to set aside the temporary injunction and dismiss the underlying injunction suit.

Interlocutory AppealTemporary InjunctionMootnessGovernment CodeCourt AdministratorSalary DisputeGalveston CountyCommissioners CourtAppellate ProcedureDismissal
References
3
Case No. MISSING
Regular Panel Decision

Christensen v. Integrity Insurance Co.

This is an accelerated appeal from a temporary injunction. The case involves two lawsuits, one in Texas and one in California, concerning the insurance adjustment of property damage to Town Lake Village Apartments caused by Hurricane Alicia and subsequent freezing weather. Appellants C. Diane Christensen, Allen D. Christensen, trustee, and Manzanita Management Corporation, residents of California, owned the apartments. Appellee Integrity Insurance Company, a New Jersey corporation, insured the apartments. Integrity filed suit in Harris County, Texas, alleging substantial overpayment due to fraud, conspiracy, and negligence by various defendants, including the appellants. Appellants subsequently filed suit in California, alleging breach of insurance contract, breach of good faith and fair dealing, and violations of California Insurance Code. Integrity was granted a temporary injunction in Texas to prevent appellants from prosecuting their California action. Appellants appealed the injunction, arguing abuse of discretion, dissimilarity of parties and issues, and forum non conveniens. The appellate court affirmed the trial court's order, finding that the trial court did not abuse its discretion in granting the injunction to prevent a multiplicity of suits given the same subject matter, and that Texas law could provide effective relief.

Temporary InjunctionForum Non ConveniensMultiplicity of SuitsChoice of LawInsurance DisputeContract BreachBad Faith ClaimInterstate LitigationAbuse of DiscretionAppellate Review
References
39
Case No. MISSING
Regular Panel Decision

Cooper v. Milam

Appellant Madison A. Cooper, Jr. sought a temporary injunction to prevent the Citizens National Bank of Waco, as executor, from voting shares in The Cooper Company for a partial capital liquidating dividend, and to prevent the company and its president, J. R. Milam, Jr., from counting the vote or paying the dividend. The trial court denied the injunction. Following this denial, the Bank voted the shares, and the dividend was approved. Appellees moved to dismiss Cooper's appeal, arguing the matter was moot because the actions he sought to enjoin had already transpired. The appellate court found the application for a temporary injunction moot, granted the motion to dismiss, vacated the trial court's order, and dismissed the application for injunction.

Temporary InjunctionMootnessStockholders' MeetingCapital Liquidating DividendExecutor RightsTrustee DutiesCorporate GovernanceStock Voting RightsAbuse of DiscretionAppellate Review
References
31
Case No. MISSING
Regular Panel Decision

El Paso Development Co. v. Berryman

This is an appeal from the issuance of a temporary injunction restraining the appellant mortgagee from foreclosing on 667 acres of real property in San Patricio and Nueces Counties. The appellee filed suit, alleging the original 1978 contract for the purchase of 1,620 acres was usurious, citing a $2.8 million difference between the cash and credit sales prices as illegal interest. The appellant argued that the appellee had not tendered the admitted debt and that the price difference constituted a permissible time price differential. The appellate court affirmed the trial court's decision to issue the temporary injunction, finding the appellee demonstrated a probable right to recovery and that the uniqueness of real estate justified equitable relief. The court also upheld the trial court's discretion in setting the injunction bond amount.

UsuryTemporary InjunctionReal PropertyMortgage ForeclosureTime Price DifferentialEquitable ReliefBond SufficiencyContract DisputeCredit SaleTexas Law
References
30
Case No. MISSING
Regular Panel Decision

Nigberg v. Bakery & Confectionery Workers of the International Union of America

This case addresses a motion for a temporary injunction. The court's decision was to deny the motion, but this denial was conditional. The defendants were required to bring the action to trial during the February term. Failure to do so would result in the temporary injunction motion being granted. The judges present for this decision included Kelly, P. J., Rich, Manning, Kelby, and Young, JJ.

Temporary InjunctionConditional DenialMotion PracticeCourt OrderJudicial Panel
References
0
Case No. MISSING
Regular Panel Decision

Blyer Ex Rel. NLRB v. P & W ELEC., INC.

The Petitioner, Alvin Blyer, Regional Director of Region 29 of the National Labor Relations Board, filed an application for a temporary injunction against Respondent P & W Electric, Inc. under Section 10(j) of the National Labor Relations Act, alleging unfair labor practices. The court, presided over by Judge Gershon in the Eastern District of New York, found reasonable cause to believe that P & W Electric had violated Sections 8(a)(1) and 8(a)(3) of the Act by discharging employees Michael Finn, Dane Ault, and John Kwarta due to their union organizing activities. The court determined that the requested injunctive relief, which included a cease and desist order and interim reinstatement of the three employees, was "just and proper" to preserve the pre-unfair labor practice status quo and prevent irreparable harm to the union's organizational efforts. Despite the respondent's arguments regarding employee misconduct, potential financial penalties, and alleged delay by the NLRB, the court found these insufficient to outweigh the need for injunction. Consequently, the application for a temporary injunction was granted, ordering P & W Electric to cease unfair labor practices, reinstate the named employees, and post the court's order.

Temporary InjunctionNational Labor Relations ActUnfair Labor PracticesUnion OrganizingEmployee ReinstatementCease and Desist OrderSection 10(j)Reasonable CauseJust and Proper ReliefLabor Law
References
17
Case No. MISSING
Regular Panel Decision

Muscular Dystrophy Ass'n of America, Inc. v. Weyl

A nationally recognized voluntary health organization, dedicated to muscular dystrophy research and patient support, sought a temporary injunction against a competing organization, the National Foundation for Muscular Dystrophy, Inc., and an individual defendant. The individual, a former regional director of the plaintiff, was accused of copying and transferring the plaintiff's volunteer worker database to the defendant corporation. This action reportedly caused significant confusion among volunteers, many of whom unknowingly began soliciting for the defendant while believing they were still working for the plaintiff. The court found these actions detrimental to the public and the plaintiff's cause, leading to the granting of a temporary injunction during the litigation, with specific exceptions.

Temporary InjunctionUnfair CompetitionEmployee MisconductVolunteer RecordsData TransferNonprofit OrganizationsHealth ResearchPublic SolicitationMuscular DystrophyOrganizational Dispute
References
0
Case No. MISSING
Regular Panel Decision

Dallas General Drivers, Ware-Housemen & Helpers v. Wamix, Inc.

Wamix, Inc. initiated a suit for damages and sought a temporary injunction against Dallas General Drivers, Warehousemen & Helpers, Local Union 745 and several individuals. The core of the dispute involved allegations of unlawful secondary picketing by the defendants, which interfered with Wamix's business by causing its customers' employees to stop work. The trial court granted the temporary injunction, concluding that the defendants' actions violated Texas state anti-trust and anti-monopoly laws, and noting that the National Labor Relations Board had declined jurisdiction. The appellate court reviewed the decision and affirmed the trial court's order, asserting state court jurisdiction over the damage suit and the power to grant injunctive relief to maintain the status quo.

Labor DisputeTemporary InjunctionSecondary PicketingUnlawful ConspiracyDamagesTexas LawState JurisdictionNational Labor Relations BoardFreedom of SpeechAnti-trust
References
7
Case No. MISSING
Regular Panel Decision

Kaynard v. Metallic Lathers & Reinforced Concrete Steel Workers Union

The acting regional director of the National Labor Relations Board sought a temporary injunction against Local 46, Wood, Wire & Metal Lathers International Union, AFL-CIO. The NLRB alleged the union unlawfully picketed Prefabricated Concrete, Inc., to compel the assignment of metal work to its members rather than to employees represented by a certified union, Local 3127. Despite the union's claim of informational picketing regarding wages, the court found reasonable cause that the picketing's true object was an unlawful work assignment dispute under the National Labor Relations Act. The picketing severely disrupted concrete deliveries to Prefabricated. The petition for the temporary injunction was granted, restraining the union from picketing during business hours.

Labor DisputeUnfair Labor PracticeWork Assignment DisputePicketingTemporary InjunctionNational Labor Relations ActSecondary BoycottUnion CertificationCollective BargainingPrevailing Wage
References
2
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