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

Case No. 13-00-313-CV
Regular Panel Decision
Nov 21, 2001

Montemayor, Rolando v. Chapa, Rolando, U.S.A., Waste-Management Resources, LLC, and Waste-Management of Texas, Inc., F/D/A U.S.A. Waste of Texas, Inc.

Rolando Montemayor, a temporary employee assigned to Waste Management, was injured in an automobile accident and received worker's compensation benefits through his general employer, Express Personnel Services. He subsequently sued Waste Management and its employee, Rolando Chapa, for negligence. The trial court granted summary judgment for the defendants, citing the borrowed servant and fellow servant doctrines, which bar common-law claims under the Texas Worker's Compensation Act's exclusive remedy provision. The Court of Appeals affirmed this decision, finding that Waste Management had the right of control over Montemayor, making him a borrowed servant, and Chapa a co-employee, thus upholding the summary judgment.

worker's compensationsummary judgmentborrowed servant doctrinefellow servant doctrinerespondeat superiortemporary employmentexclusive remedyTexas lawappellate reviewnegligence
References
18
Case No. DC-15-604
Regular Panel Decision
Nov 10, 2015

City of Rio Grande City, Texas, and Joel Villarreal, Herman R. Garza III, Arcadio J. Salinas III, Rey Ramirez, and Dave Jones in Their Official Capacities v. BFI Waste Services of Texas, LP D/B/A Allied Waste Services of Rio Grande Valley

BFI Waste Services of Texas, LP d/b/a Allied Waste Services of Rio Grande Valley (Plaintiff) sued the City of Rio Grande, Texas and its elected officials (Defendants) after the City attempted to prematurely terminate its exclusive solid waste collection contract with Allied Waste and entered into an agreement with Grande Garbage Collection Co. (Intervenor/Plaintiff). Allied Waste sought a temporary injunction, arguing that the City's actions constituted a breach of contract and violated various constitutional rights, including the Contract Clause and Due Process. The District Court, presided over by Judge Migdalia Lopez, conditionally granted Allied Waste's request for a temporary injunction on November 10, 2015, restraining the City from interfering with Allied Waste's exclusive contractual rights. The defendants, including Grande Garbage Collection Co., are appealing this temporary injunction.

Contract DisputeExclusive FranchiseWaste ManagementMunicipal LawTexas LawConstitutional RightsDue ProcessInterlocutory AppealTemporary InjunctionBreach of Contract
References
31
Case No. MISSING
Regular Panel Decision

Fox News Network, L.L.C. v. Time Warner Inc.

This case arises from a dispute between Time Warner and Fox concerning Time Warner's decision not to carry Fox News on its New York City cable channels. Fox initially sued Time Warner, prompting Time Warner to file counterclaims alleging that Fox conspired with New York City officials to unlawfully coerce Time Warner into carrying Fox News. Time Warner's counterclaims assert violations of its First Amendment and Due Process rights under 42 U.S.C. § 1983, and tortious interference with contractual relations. Fox moved to dismiss these counterclaims, arguing that its actions were protected by the Noerr-Pennington doctrine, which generally shields lobbying activities. The court denied Fox's motion, concluding that Time Warner had adequately alleged a conspiracy and that the Noerr-Pennington doctrine might not apply if Fox's conduct was found to be illegal or corrupt, thus allowing the counterclaims to proceed.

First Amendment RightsDue ProcessSection 1983Noerr-Pennington DoctrineCable ActAntitrustLobbyingFreedom of SpeechConspiracyMotion to Dismiss
References
17
Case No. MISSING
Regular Panel Decision
Apr 17, 2012

Mullin v. Waste Management of New York, LLC

This case involves an appeal from an order granting partial summary judgment. The plaintiff, an employee of Riccelli Enterprises, Inc., sustained injuries after falling from a ladder on Riccelli's trailer at a Waste Management of New York, LLC facility. An agreement between Riccelli and Waste Management required Riccelli to name Waste Management as an additional insured on various insurance policies. Waste Management successfully moved for partial summary judgment on a breach of contract claim against Riccelli due to Riccelli's failure to name Waste Management as an additional insured. Riccelli's subsequent motion to submit new evidence was denied as the evidence was available previously and would not alter the outcome. The court found that Waste Management was not an additional insured on the CGL or automobile liability policies at the time of the accident.

Breach of ContractAdditional InsuredSummary JudgmentInsurance CoverageThird-Party LiabilityAppellate ReviewDenial of Motion to RenewWorkers' Compensation PolicyCommercial General LiabilityAutomobile Liability Policy
References
2
Case No. MISSING
Regular Panel Decision
Feb 02, 1979

New York Times Co. v. Newspaper & Mail Deliverers' Union

The New York Times Company (Times) and the Newspaper and Mail Deliverers’ Union of New York and Vicinity (NMDU) are embroiled in a dispute over staffing levels at the Times' Carlstadt, New Jersey facility. The Times initiated reduced manning for daily paper production, which the NMDU deemed a breach of their collective bargaining agreement, leading to a sustained work stoppage. Following an interim arbitration award that the NMDU rejected, the Times sought a preliminary injunction in court. The District Court, presided over by Judge Sweet, determined that the manning dispute is subject to the arbitration provisions of the collective bargaining agreement. Consequently, the court directed the NMDU to cease its work stoppage and proceed to arbitration, while also scheduling an evidentiary hearing to assess the criteria for issuing a preliminary injunction against the union.

Collective BargainingArbitrationWork StoppagePreliminary InjunctionLabor DisputeManning DisputeFederal PolicyNorris-LaGuardia ActCollective Bargaining AgreementJudicial Review
References
5
Case No. MISSING
Regular Panel Decision
May 07, 2003

Rypkema v. Time Manufacturing Co.

Rose Rypkema and Ted Rypkema sued Time Manufacturing Company for product liability after Rose Rypkema suffered injuries using a "Versalift" boom lift, alleging design defect and breach of warranty. Time moved for summary judgment, seeking to exclude the Rypkemas' expert, Nicholas Bellizzi, whose testimony lacked scientific methodology and testing for proposed alternative designs. District Judge Sweet, applying Daubert and Kumho Tire standards, excluded Bellizzi's testimony. Consequently, with no expert evidence to support the product liability claim, the court granted Time's motion to dismiss the complaint and Savvy Systems, Ltd.'s cross-motion to dismiss the third-party complaint, concluding there was insufficient evidence for product liability.

Product LiabilityExpert TestimonyDaubert StandardKumho Tire StandardSummary JudgmentDesign DefectFailure to WarnEngineering MethodologyAerial LiftLatch Failure
References
26
Case No. CA 12-01329
Regular Panel Decision
May 03, 2013

MULLIN, CARL D. v. WASTE MANAGEMENT OF NEW YORK, LLC

Carl D. Mullin, an employee of Riccelli Enterprises, Inc., sustained injuries after falling from a ladder at a Waste Management of New York, LLC facility. Mullin initiated an action against Waste Management, which subsequently filed a third-party claim against Riccelli for breach of contract. Waste Management alleged that Riccelli failed to name it as an additional insured on various required insurance policies, including workers' compensation, commercial general liability, and automobile liability. The Supreme Court granted Waste Management's motion for partial summary judgment on the breach of contract claim. The Appellate Division unanimously affirmed the Supreme Court's order, also upholding the denial of Riccelli's motion to introduce new evidence, deeming it untimely and unlikely to alter the determination.

Breach of ContractInsurance CoverageAdditional Insured ClauseSummary Judgment MotionAppellate AffirmationThird-Party LitigationPersonal InjuryWorkplace AccidentLadder FallContractual Indemnity
References
2
Case No. MISSING
Regular Panel Decision

Cox v. WASTE MANAGEMENT OF TEXAS, INC.

Appellant Eric Cox sued his employer, Waste Management of Texas, Inc., and his supervisor, Tony Wadley, for sexual harassment, retaliation, assault, and negligent retention or supervision. Cox alleged Wadley engaged in unwelcome romantic and sexual overtures, creating a hostile work environment. Waste Management conducted an investigation, suspended Wadley, and offered Cox alternative work arrangements, which Cox considered insufficient, leading to his resignation. The trial court granted summary judgment for both defendants. The appellate court affirmed the trial court's decision, finding no tangible employment action for quid pro quo harassment, that Waste Management took prompt remedial action for the hostile work environment claim, no adverse employment action for retaliation, no evidence for assault, and that negligent retention/supervision claims were barred by workers' compensation.

Sexual HarassmentHostile Work EnvironmentRetaliationConstructive DischargeSummary JudgmentNegligent SupervisionNegligent RetentionEmployment DiscriminationTexas Labor LawAppellate Court Decision
References
55
Case No. 14-17-00433-CV
Regular Panel Decision
Feb 21, 2019

Robert Stevenson v. Waste Management of Texas, Inc. and Rigoberto Zelaya

In this personal-injury case, a worker, Robert Stevenson, hired by a temporary-employment supplier suffered serious injuries while performing tasks for Waste Management of Texas, Inc. The trial court granted summary judgment dismissing Stevenson’s negligence claim, citing the Workers’ Compensation Act’s exclusive-remedy provision, asserting Stevenson was an employee of Waste Management. Stevenson appealed, arguing a genuine issue of material fact exists regarding his employment status. The appellate court found that the summary-judgment evidence raises a genuine issue of material fact as to whether Stevenson was Waste Management’s “employee” under the statute. Consequently, the court reversed the trial court's judgment and remanded the case for further proceedings.

Employment LawSummary JudgmentIndependent ContractorNegligencePersonal InjuryTemporary EmploymentRight to ControlAppellate ReviewTexas LawMaster Agreement
References
17
Case No. MISSING
Regular Panel Decision

USA Waste Services of Houston, Inc. v. Strayhorn

In this tax protest suit, USA Waste Services of Houston, Inc. appealed the grant of summary judgment in favor of Carole Keeton Strayhorn, Comptroller of Public Accounts, and Greg Abbott, Attorney General of the State of Texas. USA sought a sales tax refund under the sale-for-resale exemption for steam cleaning services it purchased after spilling waste on customers’ property. The district court granted the Comptroller’s motion for summary judgment and denied USA’s motion. The appellate court affirmed the district court’s judgment, concluding that USA failed to demonstrate that the steam cleaning was an integral part of its waste removal service, as it was ordered only after customer complaints and not as an essential, re-billed service or an integral part of their existing contracts.

Sales TaxTax ExemptionSale-for-ResaleStatutory InterpretationSummary JudgmentWaste RemovalSteam Cleaning ServicesAppellate ReviewTexas Tax CodeComptroller of Public Accounts
References
45
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