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

Case No. 01-12-00581-CV
Regular Panel Decision
Oct 24, 2013

Newspaper Holdings, Inc., Integracare of Texas, LLC, and Charlotte Patterson v. Crazy Hotel Assisted Living, LTD, Crazy Hotel Assisted Living GP, LLC, Leisure Life Senior Apartment Housing II, LTD, and Charles v. Miller, Jr.

This case is an appeal from the denial of motions to dismiss a defamation, business disparagement, and tortious interference lawsuit. Appellants, Newspaper Holdings, Inc., IntegraCare of Texas, LLC, and Charlotte Patterson, published articles detailing regulatory issues and investigations at Crazy Hotel Assisted Living facility and its owner, Charles Miller. They sought dismissal under the Texas Citizens’ Participation Act (TCPA), asserting their communications were protected free speech on matters of public concern. The appellate court found it had jurisdiction, reversed the trial court's decision, holding that Appellants met the TCPA burden, and that Appellees failed to provide prima facie evidence for their claims. The court also determined the commercial speech exemption to the TCPA did not apply, remanding the case for dismissal.

DefamationBusiness DisparagementTortious InterferenceTexas Citizens' Participation Act (TCPA)Free SpeechPublic ConcernAssisted Living FacilityElder AbuseMedicaid Fraud ProbeNewspaper Articles
References
29
Case No. 2021 NY Slip Op 07401
Regular Panel Decision
Dec 23, 2021

Matter of Carola B.-M. v. New York State Off. of Temporary & Disability Assistance

Petitioners Carola B.-M. and Tiara M. challenged the denial of their supplemental nutrition assistance program (SNAP) benefits by the New York State Office of Temporary and Disability Assistance and the Orleans County Department of Social Services. The benefits were denied because they were deemed ineligible college students. The Appellate Division, Fourth Department, reversed this determination, holding that participation in the Adult Career and Continuing Education Services, Vocational Rehabilitation program (ACCES-VR) qualifies as a Job Training Partnership Act (JTPA) program. This status exempts the students from certain SNAP eligibility requirements. The court found that the original determination was based on an unreasonable interpretation of relevant regulations, annulled the decision, granted the petition, and remitted the case for a calculation of retroactive benefits.

SNAP benefitscollege student eligibilityJob Training Partnership ActACCES-VRvocational rehabilitationCPLR article 78regulatory interpretationpublic assistancefood stampsAppellate Division
References
28
Case No. 03-05-00031-CV
Regular Panel Decision
Dec 08, 2005

DEPT. OF ASSISTIVE & REHAB. SERV. v. Howard

Richard Howard, a unit manager at the Texas Department of Assistive and Rehabilitative Services, reported alleged illegal practices by his employer to the State Auditor's Office. He claimed retaliation after his superiors learned of his report, leading to negative performance appraisals and denied promotions and merit pay increases despite an exemplary 24-year work record. Howard sued the Department under the Whistleblower Act, and a jury awarded him damages, attorney's fees, and costs. The Department appealed, challenging the sufficiency of the evidence on multiple grounds, including the report's good faith, the appropriateness of the authority, and causation. The Court of Appeals found the evidence legally and factually sufficient to support the jury's verdict, affirming the trial court's judgment.

Whistleblower ActRetaliationPublic EmployeeState Auditor's OfficePerformance AppraisalMerit PayPromotion DenialCausationGood Faith ReportEmployment Law
References
20
Case No. MISSING
Regular Panel Decision

Texas Department of Assistive and Rehabilitative Services, Successor in Interest to the Former Texas Rehabilitation Commission v. Richard Howard

Richard Howard, a unit manager with the Texas Department of Assistive and Rehabilitative Services, reported several alleged legal violations by his employer to the State Auditor’s Office. Howard subsequently experienced retaliation, including denial of promotions and merit pay increases, which he attributed to his whistleblowing activities. He successfully sued the department under the Whistleblower Act, and a jury awarded him damages. The Department appealed the verdict, challenging the sufficiency of the evidence on multiple grounds, including good faith reporting, appropriate authority, causation, and damages. The appellate court affirmed the trial court's judgment, concluding that the evidence was legally and factually sufficient to support the jury's findings.

Whistleblower ActPublic Employee RetaliationPerformance EvaluationEmployment DiscriminationState Auditor's OfficeGood Faith ReportCausal LinkEconomic DamagesAppellate ReviewJury Verdict
References
20
Case No. MISSING
Regular Panel Decision

Smith v. International Printing Pressmen & Assistants' Union of North America

Chief Justice Bond dissents from the majority's decision, which reversed a trial court's judgment. The case involves L. R. Smith, who was suspended and fined by Local Union No. 47 for drunkenness and misconduct. Smith sued the International Printing Pressman & Assistants Union of North America, alleging tortious acts. The dissent argues that the International Union should not be held liable under the doctrine of respondeat superior for the local union's actions, which were outside its by-laws and not authorized or ratified by the International. Furthermore, the dissent contends that Smith's tort claim is barred by the two-year statute of limitation. The dissent concludes that the trial court's judgment, which found no agency and applied the statute of limitation, should have been affirmed.

Agency LawRespondeat SuperiorLabor UnionsInternal Union RemediesStatute of LimitationsTort ActionBreach of ContractUnion DisciplineDissenting OpinionLocal Union Autonomy
References
8
Case No. 2020 NY Slip Op 00653 [179 AD3d 1412]
Regular Panel Decision
Jan 30, 2020

Matter of James v. Home Comfort Assistance, Inc.

Claimant Christina James sought workers' compensation benefits after sustaining a work-related ankle injury. The Workers' Compensation Law Judge established an employer-employee relationship and awarded benefits. Home Comfort Assistance, Inc. appealed this decision to the Workers' Compensation Board, but their application for review was denied due to incompleteness; specifically, referring to attached pages for the "Basis for Appeal" instead of providing the information directly on the form RB-89. Home Comfort then appealed the Board's denial to the Appellate Division, Third Department. The Appellate Division affirmed the Board's decision, ruling that the Board acted within its discretion by refusing to consider an application that did not fully comply with 12 NYCRR 300.13 (b) (1).

Workers' CompensationAppellate ReviewIncomplete ApplicationForm RB-89Administrative ReviewDiscretionary AuthorityProcedural ComplianceThird DepartmentEmployer-Employee RelationshipJurisdictional Defect
References
8
Case No. NO. 03-05-00031-CV
Regular Panel Decision
Dec 08, 2005

Texas Department of Assistive and Rehabilitative Services, Successor in Interest to the Former Texas Rehabilitation Commission v. Richard Howard

Richard Howard, a unit manager at the Texas Department of Assistive and Rehabilitative Services, reported alleged illegal practices to the State Auditor’s Office (SAO). Howard claimed his superiors retaliated against him by rating him below standard on performance appraisals and denying promotions and merit pay increases. He sued under the Whistleblower Act, and a jury awarded him damages, costs, and attorney's fees. The Department appealed, challenging the sufficiency of evidence regarding Howard's good faith report, appropriate authority, causation, and damages. The Court of Appeals affirmed the trial court's judgment, finding sufficient evidence to support the jury's verdict that Howard made a good faith report to an appropriate authority and that his report caused the adverse actions.

Whistleblower ActRetaliationPublic EmployeeState Auditor’s OfficePerformance AppraisalMerit PayPromotion DenialDamagesCausationGood Faith Report
References
20
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
Apr 15, 2005

In Re CKG

This case before the Supreme Court of Tennessee addresses a novel question of legal maternity stemming from assisted reproduction. An unmarried couple, Dr. Charles K.G. (genetic father) and Ms. Cindy C. (gestational mother), used anonymously donated eggs fertilized by Charles's sperm, which Cindy carried to term, giving birth to triplets. After their relationship ended, Cindy filed a parentage action for custody and child support. Charles contested her parental standing due to a lack of genetic connection. The juvenile court and Court of Appeals found Cindy to be the legal mother, applying an "intent test." The Supreme Court affirmed Cindy's legal maternal status but vacated the "intent test" and estoppel findings. The Court established legal maternity based on a narrow set of factors: the pre-birth mutual intent for Cindy to be the legal mother and accept parental responsibilities; Cindy's gestation and birth of the children as her own; and the absence of a dispute with the genetic mother. The Court explicitly limited its holding to the specific facts, calling for legislative action on broad assisted reproduction policies. The judgments on custody, child support, and visitation were affirmed.

Parentage ActionAssisted ReproductionEgg DonationGestational CarrierLegal MaternityCustody DisputeChild SupportIntent TestGenetic TestConstitutional Rights
References
37
Case No. MISSING
Regular Panel Decision

Hoff v. North American Aviation, Inc.

The case concerns a dispute under the Fair Labor Standards Act of 1938 regarding the classification of assistant foremen and foremen at a large wartime manufacturing plant. The plaintiffs (assistant foremen, foremen, and two widows of deceased foremen) argued they were not exempt executive or administrative employees, claiming they spent more than 20% of their time performing non-exempt tasks similar to the timekeepers they supervised. Presiding Judge Atwell reviewed the statutory definitions of executive and administrative roles, noting their inherent requirements for authority and discretion. After careful consideration of the testimony, the court found the plaintiffs' proof of excessive non-exempt work to be insufficient and concluded that the assistant foremen and foremen indeed exercised significant leadership and discretion. Consequently, judgment was ordered in favor of the defendant, denying the plaintiffs' claims.

Fair Labor Standards ActExecutive Employee ExemptionAdministrative Employee ExemptionWartime ProductionTimekeepersForemenAssistant ForemenEmployee ClassificationWage and Hour LawDiscretionary Powers
References
16
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