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

Case No. 2023 NY Slip Op 02365 [215 AD3d 140]
Regular Panel Decision
May 04, 2023

Matter of Oceanview Home for Adults, Inc. v. Zucker

The case involves an appeal by Howard Zucker, Commissioner of Health, challenging a Supreme Court judgment that invalidated state regulations imposing an admissions cap on individuals with serious mental illness in transitional adult homes. Oceanview Home for Adults, Inc. argued that these regulations violated the Fair Housing Act (FHA). The Appellate Division, Third Department, reversed the lower court's decision, asserting that the regulations, although facially discriminatory, were designed to benefit the protected class by implementing the integration mandate of the Americans with Disabilities Act (ADA) as interpreted in Olmstead v L.C. The court concluded that the regulations were narrowly tailored to achieve the beneficial purpose of promoting community-based integration for individuals with serious mental illness.

Fair Housing Act (FHA)Americans with Disabilities Act (ADA)Olmstead v L.C.Integration MandateMental IllnessAdult HomesTransitional Adult HomesAdmissions CapState RegulationsAppellate Review
References
40
Case No. 01-15-00774-CV
Regular Panel Decision
Aug 27, 2014

in Re Patti J. Wagner, as Guardian of Jenny Wagner, an Incapacitated Adult

This case is an original proceeding arising from a Petition for Writ of Mandamus concerning a trial court's order. The underlying litigation involves personal injury and wrongful death claims following a fire at a residential group home for mentally incapacitated adults. Key issues include the applicability of Chapter 74 of the Texas Civil Practice & Remedies Code (Medical Liability Act) to the defendants, which could impose damage caps, and the factual sufficiency of the jury's finding regarding the negligence of the resident who started the fire. The appellate court affirmed the trial court's order.

Texas Court of AppealsMandamus ProceedingPersonal InjuryWrongful DeathPremises LiabilityGroup Home NegligenceFire AccidentMentally Disabled AdultsChapter 74 Medical Liability ActDamage Caps
References
32
Case No. 11-13-00143-CV
Regular Panel Decision
Jul 03, 2014

Jesse Pando v. Adaelia Quinonez, and Minor Daughter, S.Q.

Jesse Pando appealed a default judgment for $25,000 granted to Adaelia Quinonez and her minor daughter, S.Q., stemming from tort claims including assault and intentional infliction of emotional distress. Pando failed to answer the lawsuit, leading to the default judgment. His subsequent motion for a new trial was denied by the trial court. On appeal, Pando challenged the trial court's refusal to allow evidence and other procedural issues. The Eleventh Court of Appeals affirmed the trial court's decision, ruling that Pando had waived his appellate complaints due to inadequate briefing and, furthermore, failed to demonstrate that his failure to answer was not intentional or consciously indifferent as required by the Craddock factors for setting aside a default judgment.

Default JudgmentAppealMotion for New TrialAbuse of DiscretionAppellate ProcedureInadequate BriefingWaiver of ClaimsCraddock FactorsIntentional Infliction of Emotional DistressAssault
References
12
Case No. 10-02-00026-CV
Regular Panel Decision
Mar 24, 2004

Providence Health Center A/K/A Daughters of Charity Health Services of Waco And DePaul Center A/K/A Daughters of Charity Health Services of Waco v. Jimmy and Carolyn Dowell, Individually and on Behalf of the Estate of Jonathan Lance Dowell

This is a dissenting opinion in an appeal of a wrongful death and survival suit. The appellants, Providence Health Center and DePaul Center, argued there was no evidence of proximate cause or inadequate psychiatric screening for Jonathan Lance Dowell, who committed suicide after being released from their care for self-inflicted wrist cuts. The dissenting Chief Justice Gray believes the judgment should be reversed and rendered, as there was no evidence of the appellants' conduct being a substantial cause of death. The main opinion affirmed in part, reversed and remanded in part.

Wrongful DeathSurvival SuitProximate CausePsychiatric ScreeningSuicideMedical NegligenceNo-evidence ComplaintSummary JudgmentAppellate ReviewDissenting Opinion
References
15
Case No. 01-19-00346-CV
Regular Panel Decision
May 20, 2021

Four J's Community Living Center, Inc. and Anthonia Uduma v. Patti J. Wagner, as Guardian of Jenny Ann Wagner, an Incapacitated Adult

The appellants, Four J's Community Living Center, Inc. and Anthonia Uduma, challenged a trial court's judgment in favor of Patti J. Wagner, as guardian of Jenny Ann Wagner. Jenny, an incapacitated adult, sustained severe burns and smoke inhalation in a fire at a residential care facility operated by Four J's and owned by Uduma. The jury found Four J's and Uduma negligent, awarding significant non-economic damages for past and future pain and disfigurement. The Court of Appeals affirmed the judgment, finding legally sufficient evidence of Uduma's negligence as the premises owner and factually sufficient evidence for the damages awarded. The court also rejected the application of a health care liability damages cap, stating that Four J's did not conclusively prove its status as a licensed health care provider.

NegligencePersonal InjuryResidential Care FacilityFire SafetyDamagesLegal SufficiencyFactual SufficiencyPremises LiabilityHealth Care Liability ClaimTexas Medical Liability Act
References
33
Case No. MISSING
Regular Panel Decision

Gooshaw v. Wing

A disabled adult, relying on SSI and workers' compensation, relocated his mobile home to an undeveloped plot in Cortland County after eviction, lacking essential utilities. Faced with building code violations, he sought emergency assistance from the Cortland County Department of Social Services (DSS) for property improvements. DSS denied his application, recommending alternative housing, a decision affirmed by the Office of Temporary and Disability Assistance, which reasoned that his needs were foreseeable and not a sudden catastrophe. The court upheld this denial, confirming that the requested capital improvements fell outside the scope of emergency assistance for adults (EAA), which is intended for unforeseen events. It was concluded that the application was correctly assessed under emergency safety net assistance, which permits considering cost-effective alternatives, and the determination was supported by substantial evidence.

Emergency AssistanceDisabled AdultSupplemental Security IncomeWorkers' Compensation BenefitsMobile HomeBuilding Code ViolationsCapital ImprovementsSocial Services LawForeseeabilityCatastrophic Emergency
References
2
Case No. MISSING
Regular Panel Decision

United States v. Juvenile Male

The United States Government moved to transfer a juvenile male defendant, charged with four brutal, premeditated murders connected to the MS-13 street gang, to adult status for prosecution. Judge Joseph F. Bianco of the Eastern District of New York evaluated six statutory factors, including the defendant's age (nearly 18 at the time of the offense and 19 at the hearing), his supportive social background despite gang affiliation, and a lack of prior delinquency record. While some factors weighed against transfer, the severe nature of the alleged crimes and the low likelihood of rehabilitation within the juvenile justice system were found to overwhelmingly favor adult prosecution. The Court ultimately granted the government's motion, emphasizing public protection over the juvenile's rehabilitation potential given the gravity of the offenses.

juvenile justiceadult prosecutionMS-13gang violencemurderracketeeringtransfer motionrehabilitation potentialjudicial discretionstatutory factors
References
35
Case No. W2012-00191-COA-R3-CV
Regular Panel Decision
Nov 14, 2012

Tikita Jones v. Shelby County Government Civil Service Merit Board & Shelby County Division of Health Services

Tikita Jones, a municipal employee, was terminated from her position with the Shelby County Division of Health Services for unauthorized access to her adult daughter's medical records. The termination was upheld by the Shelby County Civil Service Merit Board and subsequently affirmed by the Chancery Court. Jones appealed, claiming violations of due process rights and a lack of substantial evidence to support the decision. The Court of Appeals of Tennessee affirmed the lower court's ruling, finding that Jones received adequate notice of the charges and that substantial and material evidence supported the Board's conclusion that her actions constituted an impermissible access of patient information, beyond her job duties. The court specifically noted that accessing sensitive lab reports was outside her clerical specialist role and her testimony regarding authorization was inconsistent with her daughter's.

Employment terminationConfidentialityHIPAA violationMedical records accessDue processAdministrative lawJudicial reviewClerical specialistEmployee misconductPublic sector employment
References
26
Case No. 03-11-00602-CV
Regular Panel Decision
Aug 30, 2012

Texas Department of Public Safety v. Anonymous Adult Texas Resident

The Texas Department of Public Safety (DPS) appealed a trial court's judgment that reversed its determination requiring an anonymous Texas resident to register as a sex offender under the Texas Sex Offender Registration Act (SORA). The central legal question involved whether a 1993 Massachusetts conviction for "indecent assault and battery" was "substantially similar" to a reportable Texas sex offense. DPS contended the trial court erred by excluding a police report detailing the victim's allegations and in its "substantial similarity" finding. The appellate court affirmed the district court's judgment, concluding that the elements of the Massachusetts statute were not substantially similar to those of Texas sexual assault, indecency with a child, or related attempted offenses. Therefore, the anonymous resident was not required to register as a sex offender in Texas under SORA, rendering the evidentiary exclusion issue moot.

Sex Offender RegistrationSORASubstantial Similarity TestMassachusetts LawTexas LawCriminal ProcedureSexual AssaultIndecent Assault and BatteryAppellate ReviewStatutory Interpretation
References
19
Case No. 03-11-00602-CV
Regular Panel Decision
Aug 30, 2012

Texas Department of Public Safety v. Anonymous Adult Texas Resident

The Texas Department of Public Safety (DPS) appealed a trial court judgment that reversed DPS's determination requiring an anonymous Texas resident to register as a sex offender under the Texas Sex Offender Registration Act (SORA). The appellee had been convicted in Massachusetts in 1993 for "indecent assault and battery on a person over fourteen years of age." DPS contended that the elements of the Massachusetts offense were "substantially similar" to Texas's sexual assault or indecency with a child, thus mandating registration. The appellate court affirmed the district court's decision, concluding that the elements of the Massachusetts crime are not "substantially similar" to the Texas offenses, citing significant differences in the nature of sexual conduct, protected interests, seriousness, and potential punishments. The court also addressed the exclusion of a police report by the trial court.

Sex Offender Registration Act (SORA)Substantially Similar ElementsMassachusetts LawTexas Penal CodeSexual AssaultIndecent Assault and BatteryCriminal AttemptStatutory InterpretationAppellate ReviewTrial Court Judgment
References
20
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