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Case Law Database

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

Case No. MISSING
Regular Panel Decision
May 04, 1999

Doe v. Community Health Plan—Kaiser Corp.

Plaintiff sued Ericka Klein, Community Health Plan—Kaiser Corporation (CHP), and Christen Adey for damages due to the alleged disclosure of confidential medical information from her patient file. The Supreme Court initially granted partial summary judgment against Adey but dismissed several claims against CHP and Klein. On appeal, the Court affirmed the denial of plaintiff's motion for partial summary judgment but reversed the grant of CHP’s motion for summary judgment on the first cause of action, which alleged breach of confidentiality. The appellate court upheld the dismissal of the remaining causes of action, including those for statutory breach of confidentiality and intentional infliction of emotional distress, clarifying the scope of direct corporate responsibility for employee actions breaching confidentiality.

ConfidentialityMedical InformationBreach of DutyNegligent DisclosureStatutory BreachIntentional RevelationInadequate PoliciesNegligent SupervisionEmotional DistressRespondeat Superior
References
10
Case No. MISSING
Regular Panel Decision

Hulse v. A.B. Dick Co.

In this repetitive stress injury (RSI) action, the court addresses whether plaintiffs are entitled to a protective order against nonsettling defendants seeking to discover confidential settlement terms with codefendants. Plaintiffs Audrey Hulse and Lewis R. Hulse settled claims against A.B. Dick Company and Sony Corporation of America, with an express condition of confidentiality. Nonsettling defendant IBM sought discovery of these settlement agreements. The court rejected IBM's arguments that the information was material for trial strategy, constituted a collateral source, or was necessary for impeachment. Emphasizing the strong public policy favoring settlements and confidentiality, especially in mass tort litigation, the court found plaintiffs' need for privacy outweighed defendants' reasons for discovery. Consequently, the court granted the plaintiffs' motion for a protective order, maintaining the confidentiality of the settlement agreements.

Repetitive Stress InjuryProtective OrderSettlement AgreementsConfidentialityDiscovery DisputeCollateral SourceImpeachment EvidenceTrial StrategyMass Tort LitigationNew York Law
References
23
Case No. 03-04-00744-CV
Regular Panel Decision
May 12, 2006

Abbott v. NORTH EAST INDEPENDENT SCH. DIST.

This case addresses whether a memorandum from a school principal to a teacher, detailing performance complaints and requiring corrective actions, is confidential and exempt from disclosure under the Texas Public Information Act (TPIA) as 'a document evaluating the performance of a teacher.' The Attorney General contended it was a mere reprimand and thus not confidential. However, the North East Independent School District (NEISD) sought a declaration that the document was confidential. The district court sided with NEISD, granting its motion for summary judgment. The Court of Appeals, upon reviewing the memorandum, concluded that it constitutes an evaluation of the teacher's performance, given it reflects the principal's judgment, offers corrective guidance, and mandates further review. Consequently, the court affirmed the district court's decision, deeming the document confidential and exempt from disclosure under Texas Education Code Ann. § 21.355.

Public Information ActTeacher PerformanceConfidentialitySchool DistrictEducation CodeTexas Government CodeSummary JudgmentStatutory InterpretationOpen RecordsEmployment Law
References
20
Case No. MISSING
Regular Panel Decision

Abbott v. North East Independent School District

The case examines whether a school principal's memorandum, detailing complaints about a teacher and directing corrective action, qualifies as a confidential "document evaluating the performance of a teacher" under Texas Education Code Ann. § 21.355. North East Independent School District (NEISD) asserted confidentiality and withheld the document under the Texas Public Information Act. The Attorney General disagreed, prompting NEISD and Dr. Richard A. Middleton to file suit in Travis County, seeking a declaration of confidentiality. The district court granted summary judgment for NEISD, and this decision was appealed by the Attorney General. The appellate court conducted a de novo review of the memorandum and statutory interpretation, concluding that the document did evaluate the teacher's performance by incorporating the principal's judgment, corrective directives, and provisions for further review. Consequently, the appellate court affirmed the district court's summary judgment, upholding the memorandum's confidential status and exemption from disclosure.

Public Information ActTeacher Performance EvaluationConfidentialityTexas Education CodeGovernment CodeSummary JudgmentAppellate ReviewStatutory InterpretationSchool AdministrationTeacher Reprimand
References
18
Case No. MISSING
Regular Panel Decision

In re Canal

The defendants in the Love Canal litigation sought to discover and copy confidential health records from the New York State Department of Health concerning the 1,500 plaintiffs. These records included questionnaires, hospital records, blood tests, and medical examinations, gathered by the Department of Health during its investigation into health complaints in the Love Canal area, with promises of confidentiality to residents. The defendants argued that by commencing litigation, the plaintiffs waived their confidentiality rights. The State, however, opposed the motion citing the Public Health Law's confidentiality provision, emphasizing the public policy of protecting privacy and fostering trust for health data collection. The court denied the defendants' request for records held by the State, finding no waiver of privilege for State-conducted studies. However, the court affirmed the defendants' right to seek medical records directly from the plaintiffs through proper discovery procedures, such as CPLR 3121, provided the defendants demonstrate the plaintiffs' medical condition is in controversy.

Discovery ProceedingsConfidentiality PrivilegePublic Health LawPhysician-Patient PrivilegeMedical RecordsToxic TortEnvironmental LitigationWaiver of PrivilegeCPLRNiagara County
References
7
Case No. MISSING
Regular Panel Decision

People v. Pena

The defendant, accused of rape, sodomy, and sexual abuse, moved for discovery of records from the Rape Crisis Center where the complainant received counseling. The prosecution opposed the motion, citing confidentiality and lack of relevance. The court addressed the novel issue of privilege for rape crisis communications in New York, noting the absence of specific statutory authority unlike other jurisdictions. Balancing the defendant's constitutional rights of confrontation and access to exculpatory evidence against the complainant's right to confidential counseling, the court denied the motion. The decision emphasized the defendant's failure to provide a factual predicate for discovery, characterizing the request as a 'fishing expedition' and underscoring the social value of protecting victim-counselor confidentiality.

Discovery MotionRape Crisis CounselingConfidentialityPrivileged Communications6th AmendmentRight of ConfrontationExculpatory EvidenceCriminal ProcedureEvidentiary RulesVictim's Rights
References
20
Case No. 14-07-00621-CV
Regular Panel Decision
Jan 08, 2009

Gloria Celeste Loving v. City of Houston

Gloria Celeste Loving appealed the trial court's summary judgment in her mandamus suit against the City of Houston, seeking disclosure of public information. The City refused, citing that the information involved juvenile law-enforcement records and was confidential under Texas Family Code section 58.007(c). Loving argued the juvenile, Michael Torres, was tried as an adult, which should allow disclosure. The appellate court affirmed the summary judgment, ruling that section 58.007(c) maintains confidentiality for juvenile records, even if the individual was later tried as an adult, as an earlier exception for such cases was intentionally removed from the statute. The court found the information confidential and thus the City had no duty to disclose it.

Public Information ActMandamus ActionConfidentiality of RecordsJuvenile LawFamily CodeGovernment CodeSummary JudgmentAppellate AffirmationLaw Enforcement RecordsTexas Courts
References
21
Case No. 03-04-00744-CV
Regular Panel Decision
May 12, 2006

Greg Abbott, Attorney General of the State of Texas v. North East Independent School District and Dr. Richard A. Middleton, in His Official Capacity as Custodian of Public Records for North East Independent School District

This case addresses whether a memorandum from a school principal to a teacher, which outlines complaints and directs corrective actions, qualifies as a confidential "document evaluating the performance of a teacher" under Texas Education Code Ann. § 21.355. The Attorney General argued it was merely a reprimand and therefore not confidential, while the North East Independent School District (NEISD) contended it was an evaluation. The district court sided with NEISD, granting their motion for summary judgment. The Court of Appeals affirmed this decision, concluding that the memorandum's content, including the principal's judgment on performance issues, corrective directives, and provisions for further review, indeed constituted an evaluation, thereby making it confidential and exempt from public disclosure under the Texas Public Information Act.

Public Information ActTeacher Performance EvaluationConfidentialitySchool District RecordsSummary Judgment ReviewStatutory InterpretationGovernment TransparencyEducation CodeAppellate ReviewTexas Law
References
18
Case No. 03-15-00416-CV
Regular Panel Decision
Jun 15, 2015

Oak Mortgage Group, Inc. Michael H. Nasserfar Michael E. Task And Tycord R. Gosnay v. Ameripro Funding, Inc.

AmeriPro Funding, Inc. is a residential mortgage lender. Appellants Michael H. Nasserfar, Michael E. Task, and Tycord R. Gosnay, former employees, are accused of secretly transmitting confidential records to competitor Oak Mortgage Group, Inc. before resigning, and continuing to possess and use these records. This brief argues for the affirmance of a temporary injunction granted by the district court against the appellants for misappropriation of trade secrets, breach of fiduciary duty, and other torts. The injunction aims to prevent further use of confidential information and solicitation of specific customers, with evidence supporting imminent and irreparable harm to AmeriPro. The brief also addresses arguments regarding the temporary injunction's compliance with Rule 683, the definition of 'customers', and the return of confidential information.

Confidential Information MisappropriationTrade Secret TheftBreach of Fiduciary DutyNon-Solicitation ViolationsTemporary Injunction AppealEmployee PoachingUnfair CompetitionCustomer List ProtectionFinancial Data ProtectionContract Interference
References
71
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
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