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

Case No. E2015-00941-COA-R9-CV
Regular Panel Decision

Wade Harvey, Ex Rel. Alexis Breanna Gladden v. Cumberland Trust And Investment Company

This interlocutory appeal addresses whether a trustee's signature on an investment/brokerage account agreement, containing a predispute arbitration provision, binds the trust beneficiary. The Tennessee Supreme Court held that the Tennessee Uniform Trust Code grants trustees broad authority to enter such agreements, provided the trust instrument does not prohibit it. The Court found the Trust Instrument in this case authorized the Trustee to execute the client agreement, including the arbitration provision. However, it clarified that a nonsignatory third-party beneficiary is only bound to arbitration for claims that seek to enforce the contract. The Court reversed the Court of Appeals' decision and vacated the trial court's order compelling arbitration of all claims, remanding the case for a determination of which claims, if any, asserted by the trust beneficiary seek to enforce the Client Agreement.

Trust LawArbitration AgreementTrustee AuthorityBeneficiary RightsPredispute ArbitrationContract LawFiduciary DutyUniform Trust CodeFederal Arbitration ActInterlocutory Appeal
References
104
Case No. 04-14-00657-CV
Regular Panel Decision
Jan 14, 2015

Richard Leshin, Successor Trustee of the Davila Family Trust, Trust A v. Juan Gerardo Oliva, Rosina Oliva, Individually and as Successor Trustee of the Davila Family Trusts B, C, and D, and Alma Guadalupe Davila

A party who seeks to vacate an arbitration award bears the burden in the trial court of bringing forth a complete record that establishes its basis for vacating the award. Leshin has completely failed to carry his burden because he has come forth only with a partial record. Leshin has not brought forth a record showing that he was not brought into arbitration in a manner that would render him individually liable. For this reason alone, the trial court was correct in confirming the arbitrator’s award. In any case, the matters in the record clearly establish that the arbitrator was well within his power to determine that Leshin was individually liable for his wrongful acts. The AAA Commercial Rules of Arbitration, which apply to this matter, provide that the arbitrator had the power to rule on his own jurisdiction, 'including any objections with respect to the . . . scope . . . of the arbitration agreement or to the arbitrability of any claim or counterclaim.' Finally, the Texas Trust Code is clear that a trustee is always individually liable for his wrongful acts committed as trustee, so it was not necessary to sue Leshin in any particular capacity.

ArbitrationTrustee LiabilityTrust DisputeArbitration AwardAppellate ReviewJurisdictionArbitrabilityTexas LawCommercial Arbitration RulesDavila Family Trust
References
26
Case No. 07-09-0343-CV
Regular Panel Decision
Sep 06, 2011

South Plains Lamesa Railroad, Ltd., and Larry Dale Wisener v. the Kitten Family Living Trust

This case involves an appeal concerning a contract dispute over water well operations on property owned by South Plains Lamesa Railroad, Ltd. (SPLR). The Kitten Family Living Trust (the Trust) had entered into both a Lease Agreement and a subsequent Easement Agreement with SPLR for drilling water wells. A dispute arose regarding the number of wells the Trust was permitted to operate and the duration of its rights, leading to the Trust suing SPLR for interference. The trial court ruled in favor of the Trust, granting a perpetual easement and attorneys' fees. On appeal, SPLR argued that the trial court erred in its jury instructions, specifically claiming that a broad-form question was defective for failing to incorporate legal theories and their elements. The appellate court agreed, finding the instruction improper and confusing, and also noted errors in not submitting instructions on an alleged oral agreement and conversion. Consequently, the appellate court reversed the trial court's judgment and remanded the case for a new trial due to these instructional errors.

Contract DisputeLease AgreementEasement AgreementWater RightsJury InstructionsAppellate ProcedureReversal and RemandOral ContractConversion ClaimStatute of Frauds
References
36
Case No. 04-13-00201-CV
Regular Panel Decision
Aug 29, 2014

Bank of America, N.A. as Trustee of Bettye Baker Brown Trust, U/w, F/B/O William David Deiss, Bettye Baker Brown Trust U/w, F/B/O Diane Elizabeth Mysliweic, Bettye Baker Brown Trust U/W/, F/B/O Paula Jane Roberts, Dorothy Baker Shaw 1966 Trust, Baker E. v. Prize Energy Resources, L.P., Prize Operating Company, Gruy Petroleum Management Company N/K/A Cimarex Energy Co. of Colorado, Magnum Hunter Resources, Inc., Cimarex Energy Co., Hunter Gas Gathering, Inc., Pat R. Rutherford Jr., Michael G. Rutherford, Rut

This case, heard by the Fourth Court of Appeals in San Antonio, Texas, addresses a dispute over the termination of an oil, gas, and mineral lease and a joint operating agreement (JOA) in McMullen County. Appellants, led by Bank of America as trustee, contested a trial court's summary judgment in favor of Appellees, Prize Energy Resources, concerning the alleged fraudulent inducement of a ratification agreement. The core issues involved the Bank's claims of waiver, ratification, quasi-estoppel, and adverse possession, all stemming from the belief that the Baker Lease terminated due to a cessation of production. The appellate court found genuine issues of material fact regarding the Bank's knowledge of fraud and its intent to waive its claims, as well as the applicability of quasi-estoppel and adverse possession. Consequently, the trial court's grant of summary judgment was reversed, and the case was remanded for further proceedings.

Oil and gas leaseJoint operating agreementMineral interestsLease terminationFraudulent inducementRatificationWaiverQuasi-estoppelAdverse possessionSummary judgment
References
55
Case No. 900983-2015
Regular Panel Decision
Mar 16, 2016

Building Exterior Servs. Trust of N.Y. v. A.W. Farrell & Son, Inc.

Plaintiff Building Exterior Services Trust of New York (BEST), a group self-insurance trust, initiated an action against former members, including A.W. Farrell & Son, Inc., for unpaid monetary assessments levied in 2013 and 2014 to address a shortfall. Defendant A.W. Farrell & Son, Inc. moved to dismiss the complaint and a cross-claim, arguing that it ceased membership in 1994, was not bound by the 2000 Trust Documents, and that assessments could only be levied against current members, with any authority expiring in 2003. The Supreme Court, Albany County, denied the motion to dismiss, finding that the Trust Documents, specifically Section 4.8 of the Indemnity Agreement and Section 10.4 of the Declaration of Trust, could authorize assessments against former members for periods of participation. The court also rejected the statute-of-limitations defense, concluding that the breach-of-contract claim accrued when the defendant refused to pay the assessments.

Workers' Compensation LawGroup Self-Insurance TrustUnpaid AssessmentsMotion to DismissStatute of LimitationsBreach of ContractDeclaration of TrustIndemnity AgreementFormer MembersTrust Solvency
References
17
Case No. 6784-17
Regular Panel Decision
Aug 10, 2018

Vincent Crisafulli Testamentary Trust v. AAI Acquisition, LLC

Plaintiff Vincent Crisafulli Testamentary Trust brought an action against AAI Acquisition, LLC and United Electric Power, Inc. to enforce the terms of an alleged commercial lease and guarantee. Plaintiff sought to recover money damages for breach of a Letter Agreement and a Guaranty, and also under an assumed Lease. The Supreme Court, Albany County, granted the plaintiff's motion for summary judgment on the first cause of action, finding the Letter Agreement a valid and binding contract and awarding $193,350.23 in damages. However, the motion for summary judgment on the second cause of action (breach of Guaranty) was denied, as the court found the record insufficiently developed to establish United Inc.'s liability. The third cause of action, concerning the assumed Lease, was dismissed because the Letter Agreement superseded the original Lease.

Contract LawCommercial LeaseSummary Judgment MotionBreach of ContractGuaranty AgreementStatute of FraudsCondition PrecedentDamages AwardCounsel FeesCorporate Liability
References
45
Case No. 02-20-00224-CV
Regular Panel Decision
Oct 14, 2021

Regina Nachael Howell Foster v. Ocwen Loan Servicing, LLC and Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital 1 Inc. Trust 2005-HE1, Mortgage Pass-Through Certificates, Series 2005-HE 1

Regina Nachael Howell Foster used her property as collateral for her husband's mortgage refinance loan. After her husband defaulted, she sued Ocwen Loan Servicing, LLC and Deutsche Bank National Trust Company to invalidate the deed-of-trust lien and stop foreclosure. Her initial suit was unsuccessful. Following a foreclosure sale, Foster initiated a second lawsuit, challenging the foreclosure procedures and reasserting the invalidity of the deed-of-trust lien. The trial court granted summary judgment in favor of the defendants. On appeal, Foster challenged this summary judgment, primarily arguing that she did not receive the required notice of default under the Texas Property Code and that the lien was invalid under the Texas Constitution. The Court of Appeals affirmed the trial court's judgment, concluding that Foster's contentions regarding lien invalidity were without merit and that she was not entitled to notice of default.

MortgageForeclosureDeed of TrustHomesteadSummary JudgmentAppellate ReviewTexas ConstitutionProperty CodeNotice of DefaultLien Invalidity
References
45
Case No. 07-03-0307-CV
Regular Panel Decision
Feb 14, 2005

Mabel Walter Rogers, Larry Frank Walter, Co-Trustee, Robert Wayne Veigel, Co-Trustee, Dorothy Ann Veigel Oswald and Jo Ann Veigel Eudy v. in Re: Ardella Veigel Inter Vivos Trust No. 2, Amarillo National Bank, Amarillo, Texas, Co-Trustee

This case involves an appeal from a summary judgment in favor of Amarillo National Bank (ANB) concerning various estates, trusts, and management agreements. The primary appellant, Robert Wayne Veigel (R.W.), contended that the trial court erred in granting summary judgment based on the statute of limitations, preventing him from pursuing counterclaims and requesting an accounting. R.W. argued that interests bequeathed by Charles R. Veigel were life estates, not trust interests, and challenged ANB's trustee fees and the lack of an accounting. The appellate court modified the summary judgment to declare that Charles Veigel's will granted life estates free of trust but affirmed the summary judgment regarding the statute of limitations barring R.W.'s claims for disgorgement of fees, accounting, and damages.

Trust LawLife EstatesStatute of LimitationsSummary JudgmentFiduciary DutyAccountingInter Vivos TrustTestamentary TrustProperty CodeCivil Practice and Remedies Code
References
12
Case No. MISSING
Regular Panel Decision

Metal Goods & Manufacturers Insurance Trust Fund v. Advent Tool & Mold, Inc.

The Metal Goods and Manufacturers Insurance Trust Fund, a New York workers’ compensation self-insurance trust, moved for summary judgment to compel former and inactive members to pay a $2 million assessment. This assessment was levied to cover a regulatory deficit after the Trust Fund was deemed 'underfunded' by the Workers’ Compensation Board. The defendants, who were former employers, argued that the Trust Agreement did not permit retroactive assessments on inactive members. The court denied the plaintiff's motion for summary judgment, agreeing that the Trust Agreement only authorized prospective 'rate increases' for current employers. Furthermore, the court held that statutory provisions for joint and several liability only apply in instances of trust default, dissolution, or insolvency, which was not the case here. Consequently, the court granted the defendants' cross-motions for summary judgment and dismissed the plaintiff's complaint.

Workers' CompensationSelf-Insurance Trust FundRetroactive AssessmentSummary JudgmentTrust Agreement InterpretationFormer Members LiabilityUnderfunded TrustJoint and Several LiabilityStatutory InterpretationNYCRR Regulations
References
23
Case No. MISSING
Regular Panel Decision

Agway, Inc. Employees' 401(K) Thrift Investment Plan v. Magnuson

This case involves an action brought by Agway, Inc. Employees’ 401(k) Thrift Investment Plan and State Street Bank & Trust Company under ERISA, alleging breaches of fiduciary duties by various parties concerning the Agway pension plan. Defendant Mellon Trust of New England, N.A., a former fiduciary, sought court approval for a tentative settlement agreement with the plaintiffs, which included a bar order preventing non-settling defendants from asserting indemnity or contribution claims against Mellon Trust. The non-settling defendants, including the Committee Defendants, Director Defendants, and PricewaterhouseCoopers LLP, opposed the bar order, arguing it was overbroad. Magistrate Judge Peebles found the proposed bar order overreaches as it purports to restrict contribution and indemnity claims in actions brought by parties other than the plaintiffs, such as the Department of Labor. Consequently, the court denied Mellon Trust's application for settlement approval without prejudice, conditioning approval on either restricting the bar order's scope to the current action or securing the Secretary of Labor's agreement to the judgment credit reduction in any future action.

ERISAFiduciary Duty BreachPension PlanSettlement AgreementBar OrderContribution ClaimsIndemnity ClaimsPartial JudgmentNon-Settling DefendantsProportionate Fault
References
21
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