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

Case No. MISSING
Regular Panel Decision

Friedar v. Government of Israel

Samuel Friedar, a New York citizen, sued the Government of Israel and its branches for failing to compensate him for medical costs and expenses incurred after being injured while serving in the Israeli Army in 1948. Friedar alleged breach of contract, intentional withholding of information, negligent loss of files, and wrongful conversion of funds. The Government moved to dismiss, claiming sovereign immunity under 28 U.S.C. § 1604 and that the action was barred by the Act of State doctrine. The Court found that the Government was entitled to sovereign immunity, rejecting Friedar's arguments for exceptions based on waiver or commercial activity. Furthermore, even if jurisdiction existed, the Court would dismiss the case under the Act of State doctrine, citing the impropriety of reviewing a foreign state's internal administrative activity, especially regarding military and veterans' benefits. The Government’s motion to dismiss was granted.

Sovereign ImmunityAct of State DoctrineMotion to DismissForeign Sovereign Immunities ActFSIAGovernmental ImmunityCommercial Activity ExceptionVeterans' BenefitsJurisdictionInternational Law
References
13
Case No. 03-19-00362-CV
Regular Panel Decision
Dec 22, 2020

the Franklin Center for Government and Public Integrity and Jon Cassidy v. University of Texas System

The Franklin Center for Government and Public Integrity and Jon Cassidy appealed a district court's summary judgment favoring The University of Texas System regarding the disclosure of documents under the Texas Public Information Act (TPIA). The documents pertained to an independent investigation by Kroll Associates, Inc. into UT System's admissions policies. The district court had granted summary judgment, finding the documents protected by attorney-client privilege. However, the Court of Appeals determined that Kroll was not acting as a "lawyer's representative." Thus, the attorney-client privilege did not apply, and the documents, after specific redactions, were ruled to be public information subject to disclosure. The summary judgment of the trial court was reversed and rendered.

Public Information ActAttorney-Client PrivilegeIndependent InvestigationAdmissions PoliciesSummary JudgmentDisclosureWaiverLawyer's RepresentativeEducation RecordsFERPA
References
18
Case No. 03-02-00114-CV
Regular Panel Decision
Dec 19, 2002

Texas Health Care Information Council and the State of Texas, Office of the Attorney General v. Seton Health Plan, Inc.

This case involves an appeal by the Texas Health Care Information Council and the State of Texas, Office of the Attorney General, against Seton Health Plan, Inc. The core dispute centered on the interpretation of civil penalties for Seton's failure to file annual Health Plan Employer Data Information Set (HEDIS) reports as required by the Texas Health and Safety Code. Seton sought a declaratory judgment asserting that the maximum penalty for such a violation was $10,000 per report, while the State initially pursued a penalty based on each day of violation. The district court sided with Seton on the maximum penalty, assessed minimum penalties of $1,000 for each of the two unfiled reports, denied the State's request for injunctive relief, and ordered the State to pay Seton's attorney's fees. On appeal, the Court of Appeals affirmed the district court's declaratory judgment, the denial of injunctive relief, and the penalty assessment. However, the appellate court reversed and remanded the issue of the State's attorney's fees, ruling that the State was statutorily entitled to reasonable attorney's fees under Government Code section 402.006(c) due to its recovery of a civil penalty.

Texas LawHealth Care RegulationHEDIS Report ViolationCivil PenaltiesDeclaratory Judgment ActionSovereign Immunity WaiverInjunctive Relief DeniedAttorney's Fees AwardStatutory ConstructionAdministrative Law
References
44
Case No. 23-0679
Regular Panel Decision
Sep 19, 2025

Fort Bend Independent School District v. Ken Paxton, Attorney General of the State of Texas

This case addresses the balance between public access to government information and the privacy rights of government employees, specifically concerning information stored on their private cell phones used for official business. Fort Bend Independent School District sought a ruling on the disclosure of phone records under the Texas Public Information Act, arguing for privacy protections. The Attorney General's office ruled that business-related information is subject to the Act, and the court of appeals affirmed. Justice Young concurred in denying the motion for rehearing, emphasizing that the request and ruling already account for redaction of personal and confidential information, thus mitigating immediate privacy threats in this specific instance. The opinion also questions the practice of requiring employees to use personal devices for official business without providing adequate equipment.

Public Information ActGovernment TransparencyEmployee PrivacyCell Phone RecordsFourth AmendmentTexas ConstitutionMotion for RehearingConcurring OpinionGovernment EmployeesPersonal Devices
References
11
Case No. MISSING
Regular Panel Decision

Natural Resources Defense Council, Inc. v. United States Department of Interior

The court resolved the final outstanding portion of a dispute between the Natural Resources Defense Council (NRDC) and the U.S. Department of Interior (DOI) and Bureau of Land Management (BLM) regarding Freedom of Information Act (FOIA) requests. NRDC sought records of coal-mining leases, which the Government had produced with extensive redactions under FOIA Exemptions 4, 5, and 9. Previously, the Court granted summary judgment for NRDC on Exemptions 4 and 9, and partially for the Government on Exemption 5 regarding quantitative data. In this opinion, addressing the balance of Exemption 5 redactions concerning BLM's qualitative reasoning for coal-mining lease awards, the Court granted summary judgment for the Government. The Court concluded that disclosing the qualitative information would significantly harm the Government's commercial interests by allowing bidders to predict confidential floor prices with greater accuracy, and denied NRDC's request for discovery or in camera review.

FOIAFreedom of Information ActGovernment RedactionsCoal Mining LeasesPublic LandsMineral Leasing ActFair Market ValueCompetitive BiddingSummary JudgmentGovernment Commercial Interests
References
21
Case No. M2015-01488-COA-R3-CV
Regular Panel Decision
Jun 30, 2016

The Metropolitan Government of Nashville and Davidson County v. The Civil Service Commission of The Metropolitan Government of Nashville And Davidson County, Tennessee

An officer with the Davidson County Sheriff's Department, Jerry Clark, was terminated for dishonesty after filing reports alleging he was attacked during training, which an investigation found to be exaggerated. An administrative law judge initially ordered his reinstatement with a ten-day suspension, a decision adopted by the Civil Service Commission. However, the Metropolitan Government sought judicial review, and the chancery court reversed the Commission's decision, finding it unsupported by substantial evidence. The Court of Appeals affirmed the chancery court's ruling, concluding that the ALJ's findings were not backed by material evidence and remanded the case to the Commission for a determination of appropriate disciplinary action.

Police MisconductTermination of EmploymentDishonestyAdministrative ReviewJudicial PrecedentCivil Service LawSubstantial Evidence RuleWorkers' Compensation ClaimsRetaliation AllegationsDue Process Rights
References
7
Case No. MISSING
Regular Panel Decision

Ken Paxton, Attorney General of the State of Texas v. Texas Department of State Health Services

The Attorney General appealed a district court's summary judgment in favor of the Texas Department of State Health Services regarding a Public Information Act (PIA) dispute. The Department sought to withhold information from an Office of Inspector General (OIG) investigation into employee misconduct, asserting confidentiality under Government Code section 531.1021(g). The Attorney General contended that this statutory confidentiality exception only applies to OIG audits or investigations related to Medicaid or other health and human services fraud, abuse, or overcharges. The appellate court, reversing the lower court's decision, agreed with the Attorney General's narrower interpretation. Consequently, the court held that the OIG's confidentiality under section 531.1021(g) is limited to audits and investigations concerning fraud, waste, and abuse within the provision and delivery of health and human services.

Public Information ActGovernment CodeConfidentiality ExceptionOffice of Inspector General (OIG)Employee MisconductStatutory ConstructionMedicaid FraudHealth and Human ServicesDeclaratory Action AppealSummary Judgment
References
11
Case No. MISSING
Regular Panel Decision
Jul 07, 1978

SOCIALIST WKRS. PARTY v. Attorney General of US

This case involves an action by the Socialist Workers Party (SWP) and the Young Socialist Alliance (YSA) against various federal agencies and officials, primarily the Attorney General and the FBI, for alleged constitutional violations stemming from extensive FBI informant activities and disruption programs. The current opinion addresses the Attorney General's refusal to comply with a May 31, 1977, court order to produce 18 confidential FBI informant files to plaintiffs' counsel. The court rejected the Attorney General's arguments concerning informant confidentiality, appellate review, and alternative sanctions, emphasizing the files' indispensable nature for the litigation of plaintiffs' claims, which include demands for damages and injunctive relief. The court ruled that the Attorney General must comply with the production order by July 7, 1978, or face civil contempt, underscoring the judiciary's power to enforce orders even against high-ranking government officials.

Informant ConfidentialityDiscovery DisputeCivil ContemptGovernment MisconductFBI SurveillancePolitical OrganizationsFirst Amendment RightsConstitutional ViolationsAppellate ReviewAttorney General
References
35
Case No. MISSING
Regular Panel Decision

Envoy Medical Systems, L.L.C. v. State

Envoy Medical Systems, L.L.C. and Independent Review Incorporated, both Independent Review Organizations (IROs), appealed a trial court's judgment denying their request to exempt certain records from disclosure under the Public Information Act (PIA). They sought to prevent the release of information pertaining to their reviewers, reviewer contracts, and compensation terms, arguing that this information was either 'confidential by law' or fell under the commercial or financial information exception of the PIA. The Texas Department of Insurance, having received the initial information request, had interpreted its rules to protect patient-specific data provided *to* IROs, not data provided *by* IROs as part of their certification application. The appellate court affirmed the trial court's judgment, concluding that the appellants failed to demonstrate that any exception to public disclosure applied to the disputed information.

Public Information ActOpen Records ActConfidentiality ExemptionCommercial InformationFinancial InformationIndependent Review OrganizationsIRO CertificationMedical NecessityUtilization ReviewTrade Secrets
References
12
Case No. M2024-01006-COA-R3-CV
Regular Panel Decision
Mar 18, 2025

Virginia Dodson-Stephens v. Metropolitan Government of Nashville and Davidson County

The case involves an appeal from a lawsuit filed by Virginia Dodson-Stephens, individually and on behalf of her daughter Courtlynn Dodson, against the Metropolitan Government of Nashville and Davidson County and the State of Tennessee. Courtlynn sustained paralyzing injuries after jumping from a second-story window at W.A. Bass Learning Center, a public school. The trial court found both defendants negligent and equally at fault, awarding total compensatory damages of over $10 million, which was reduced to $600,000 due to statutory caps ($300,000 against each defendant). Metro appealed, raising issues regarding its duty of care, the foreseeability of the incident, and its responsibilities concerning Courtlynn's Individualized Education Program (IEP). The appellate court affirmed the circuit court's decision, finding that Metro breached its duty to supervise Courtlynn and failed to obtain and disseminate crucial information about her condition, making the injury foreseeable.

School NegligenceChild InjurySpecial Needs StudentEmotional DisturbanceIEP FailureLack of SupervisionForeseeability of HarmMental Health DiagnosisDepartment of Children's ServicesGovernmental Tort Liability Act
References
59
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