CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. MISSING
Regular Panel Decision

Kurz v. St. Francis Hospital

The defendants moved to preclude plaintiffs' expert testimony on causation or, alternatively, for a pretrial hearing regarding the plaintiff's vision loss. The plaintiff developed visual disturbances shortly after receiving Amiodarone intravenously following cardiac bypass surgery in 2008. Defendants argued a lack of scientific evidence linking short-term Amiodarone use to optic neuropathy, while the plaintiff's expert contended that rapid drug absorption could cause optic disc edema, a known side effect. Furthermore, the plaintiff highlighted medical records where defendant physicians themselves initially attributed the vision loss to the medication. The court, applying the Frye standard, determined that general causation—Amiodarone causing vision loss—is an established medical theory. It further ruled that the specific causation tests from Parker and Cornell, typically applied to toxic tort cases, were not strictly applicable here due to the distinct nature of medical malpractice. Consequently, the court denied the defendants' motion, finding an adequate foundation for the admissibility of the plaintiff's expert testimony, with any disputes regarding specific timing affecting only the weight of the evidence, not its admissibility.

Medical MalpracticeExpert TestimonyCausationAmiodaroneOptic NeuropathyVision LossMotion in LimineFrye StandardParker StandardCornell Standard
References
9
Case No. MISSING
Regular Panel Decision

In Re Morton

Michael Wayne Morton, convicted of his wife's murder in 1987, sought post-conviction forensic DNA testing of various pieces of evidence under chapter 64 of the Texas Code of Criminal Procedure. The district court partially denied his motion, leading to this appeal. The appellate court affirmed the denial of testing for evidence related to a separate murder and for fingerprint evidence, finding these did not meet the statutory requirements of being "secured in relation to the offense" or containing "biological material." However, the court reversed the denial for a blood-stained bandana recovered near the crime scene. The court concluded that if DNA testing on the bandana yielded exculpatory results (Christine's blood and a third party's DNA), there is a greater than 50% likelihood that Morton would not have been convicted, and thus remanded the case for further proceedings concerning the bandana.

forensic DNA testingmurder convictionappealcriminal procedureexculpatory evidenceblood-stained bandanaunidentified fingerprintscircumstantial evidencetime of deathunknown intruder theory
References
12
Case No. MISSING
Regular Panel Decision
Jun 01, 2009

People v. Nunn

This case addresses whether a court's discretion to deem a misdemeanor complaint charging a drug offense as an information, without a field test or laboratory analysis, violates a defendant's due process rights. The court distinguishes People v Kalin and Matter of Jahron S., applying the three-factor test from Mathews v Eldridge. It concludes that the substantial private interest in physical liberty and the risk of erroneous deprivation necessitate a laboratory report or field test in most drug-related cases, imposing minimal burden on the prosecution. Specifically, for defendant Mr. Nunn, the misdemeanor complaint was deemed an information on June 1, 2009, after the certified laboratory analysis was filed.

Due ProcessCriminal ProcedureMisdemeanorControlled SubstanceDrug PossessionMisdemeanor InformationMisdemeanor ComplaintPrima Facie CaseLaboratory AnalysisField Test
References
21
Case No. MISSING
Regular Panel Decision
Jun 29, 2012

Bostic v. Georgia-Pacific Corp.

This Texas Supreme Court case clarifies the causation standards for asbestos-related mesothelioma lawsuits. The Court reaffirms the 'substantial factor' test from Flores, rejecting a strict 'but for' causation requirement in cases with multiple exposures. However, it emphasizes that plaintiffs must present scientifically reliable evidence, including quantifying the dose of asbestos from the defendant's product, and demonstrate that this exposure more than doubled the risk of disease. Ultimately, the Court affirmed the 'take-nothing' judgment, finding the plaintiffs' evidence of causation insufficient due to its reliance on an 'any exposure' theory without dose quantification.

AsbestosMesotheliomaCausationToxic TortProduct LiabilityNegligenceSubstantial FactorBut-For CausationEpidemiologyExpert Testimony
References
49
Case No. MISSING
Regular Panel Decision
Dec 01, 2010

Commissioner of Social Services v. Dimarcus C.

The Family Court in New York County denied the appellant's motion for genetic testing and affirmed an order of filiation declaring the appellant to be the father of the subject child. The court found it was in the child's best interest to estop the respondent from denying paternity, as the respondent had consistently presented himself as the father to family, friends, and the child, providing support and care. Additionally, the 12-year-old child believed the respondent was his father. The court was not required to identify the biological father, having already dismissed a petition against another individual who was excluded by DNA testing, and a father-son relationship existed between the child and the respondent.

Paternity DisputeFiliation OrderEquitable EstoppelChild WelfareParental RightsGenetic Testing DenialAppellate ReviewFamily Court DecisionBest Interest of ChildImplied Paternity
References
1
Case No. MISSING
Regular Panel Decision
Aug 21, 2006

Perez v. Munoz

The father appealed a Family Court order from Kings County, dated August 21, 2006, which denied his petition to modify a prior visitation order and for paternity testing. Specifically, he sought to have a social worker transport his children to his place of incarceration for visitation. The appellate court affirmed the Family Court's decision, stating that the court lacked jurisdiction to compel relief against an un-summoned social worker or agency. Additionally, the denial of paternity testing was upheld, as the proper procedure for challenging or establishing paternity, without a support order being sought, is through a separate Family Court Act article 5 proceeding.

CustodyVisitationPaternity TestingIncarcerationFamily Court ActAppellate ReviewJurisdictionFamily LawParental RightsJudicial Procedure
References
3
Case No. MISSING
Regular Panel Decision

People v. Rodriguez

The defendant, indicted for resisting arrest and DWI, filed a motion to prevent the District Attorney from using evidence of his refusal to take a chemical test at trial. The defendant argued that admitting such evidence violates his Fifth Amendment rights against self-incrimination, despite a 1973 amendment to Vehicle and Traffic Law § 1194 that permitted it. The court analyzed precedents, distinguishing between the non-testimonial nature of the test itself and the communicative nature of a refusal. It concluded that a refusal constitutes a communication, thus falling under Fifth Amendment protection. Consequently, the court granted the defendant's motion, ruling that such evidence is inadmissible.

Fifth AmendmentSelf-incriminationChemical Test RefusalDWIAdmissibility of EvidenceConstitutional RightsTestimonial EvidenceImplied Consent LawPreclusion MotionCriminal Procedure
References
19
Case No. MISSING
Regular Panel Decision

Jennings v. Minco Technology Labs, Inc.

Brenda L. Jennings sued her employer, Mineo Technology Labs, Inc., seeking to prevent the company from implementing a random drug-testing program for employees via urinalysis, arguing it violated common-law privacy rights. The company counterclaimed, asserting its plan was lawful. The trial court sided with the employer, declaring the plan lawful and enforceable, denying Jennings relief, and awarding attorney's fees to the company. On appeal, Jennings challenged both the lawfulness of the plan and the award of attorney's fees. The appellate court affirmed the trial court's judgment, reasoning that 'at-will' employment allows employers to modify terms, and an employee's consent to testing, even if economically compelled, negates an unlawful invasion of privacy. The court also upheld the attorney's fees award, finding no abuse of discretion.

Employment LawDrug TestingPrivacy RightsAt-Will EmploymentDeclaratory JudgmentInjunctive ReliefEmployer RightsEmployee RightsCommon LawContract Law
References
12
Case No. MDL No. 1038
Regular Panel Decision
Aug 26, 2002

In Re Norplant Contraceptive Products Liability Litigation

This multidistrict products liability action involved thousands of plaintiffs alleging injuries from the Norplant contraceptive device against American Home Products Corporation and its subsidiaries. The court considered two motions for partial summary judgment. The first, concerning the 'learned intermediary doctrine' and 26 primary side effects, was granted in part and denied for 10 plaintiffs whose cases were governed by New Jersey law due to an advertising exception. The second motion, addressing over 950 'exotic conditions' for which no causation evidence was presented, was granted against all plaintiffs. Ultimately, the court granted summary judgment against 2,960 plaintiffs, effectively concluding the MDL proceedings for the majority of the non-settling cases.

Products LiabilityNorplantContraceptive DeviceLearned Intermediary DoctrineCausationSummary JudgmentMultidistrict LitigationFailure to WarnPharmaceuticalsTexas Law
References
61
Case No. LAO 0829008
Regular
Apr 01, 2008

CHRISTINA D. SALCEDO vs. COUNTY OF LOS ANGELES

The Appeals Board dismissed the defendant's petition for reconsideration as the WCJ's order denying invasive diagnostic tests was not a final order. However, the Board granted removal due to potential due process issues and the need to fully develop the record on causation. The decision deferred the issue of diagnostic tests, affirming other aspects of the WCJ's order and returning the case for further proceedings.

Workers' Compensation Appeals BoardReconsiderationRemovalDiagnostic TestsInvasiveCompelUrological InjuryCompensable ConsequenceDue ProcessMedical Proof
References
9
Showing 1-10 of 2,410 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational