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

Case No. 05-cv-0200
Regular Panel Decision

Virga v. Big Apple Construction & Restoration Inc.

The plaintiffs, multi-employer labor-management trust funds, sued defendants Big Apple Builders, Inc. and Kang Yeon Lee for delinquent fringe benefits, dues checkoffs, and PAC contributions, totaling over $800,000. The defendants defaulted by failing to respond to interrogatories and a notice to admit. Judge McMahon initially granted summary judgment in favor of the plaintiffs but denied imputed audit costs. Upon reconsideration, the judge reversed the decision on audit costs, finding them appropriate under the collective bargaining agreement's "other legal or equitable relief" clause, despite a prior ruling in Santa Fe Construction.

ERISATaft-Hartley ActCollective Bargaining AgreementDelinquent ContributionsSummary JudgmentReconsideration MotionAudit CostsPersonal LiabilityMulti-employer planFringe Benefits
References
22
Case No. MISSING
Regular Panel Decision

Matter of I-Conscious R. (George S.)

This case involves an appeal concerning a Family Court order that determined a respondent father abused and neglected his daughter and derivatively abused and neglected his son. The appellate court affirmed the fact-finding order, concluding that the petitioner presented a preponderance of evidence, including medical findings of genital herpes in the child, indicative of sexual abuse. The court upheld the neglect finding due to the father's failure to secure timely medical care for his daughter's severe symptoms. Additionally, the respondent's arguments regarding the suggestiveness of interviews, the testimony of his expert witness, and claims of ineffective assistance of counsel were all rejected by the court. An appeal against a separate order of protection was dismissed due to abandonment.

Child AbuseChild NeglectSexual AbuseGenital HerpesMedical EvidenceFamily Court ProceedingsSufficiency of EvidenceCredibility AssessmentIneffective Assistance of CounselAppellate Review
References
8
Case No. MISSING
Regular Panel Decision
Jan 23, 2015

Matter of Ruth Joanna O.O. (Melissa O.)

Justice Gesmer dissents from the affirmation of a Family Court order finding Melissa O. neglected her child. The dissent argues that the Family Court lacked a basis for its neglect finding, as there was no evidence that the mother's conduct impaired or threatened her child's condition. Furthermore, it asserts that the findings regarding the mother's failure to take medication or engage in mental health services were unsupported by admissible evidence. Gesmer, J. emphasizes that proof of mental illness alone is insufficient for a neglect finding without a causal link to actual or potential harm to the child. The dissent concludes that the petitioner failed to demonstrate that the mother's mental illness resulted in a failure to provide a minimum degree of care or that the child was harmed or at imminent risk of harm.

Child Protective ProceedingNeglect FindingParental Mental IllnessSufficiency of EvidenceImminent Risk of HarmMinimum Degree of CareFamily Court ActDissenting OpinionAdmissibility of EvidenceCausal Connection
References
15
Case No. MISSING
Regular Panel Decision
May 22, 2009

In re Jessica L.

This case concerns an appeal by a father against a finding of neglect regarding his two children. The children resided with their mother, who had a history of drug use. The father, suspecting the mother was currently using drugs, anonymously contacted the Administration for Children's Services (ACS). Although the mother subsequently tested positive for cocaine, the appellate court reversed the Family Court's neglect finding against the father. The court determined that the father's actions, including his proactive call to ACS, met the minimum degree of care required and did not constitute neglect, thereby vacating the finding and dismissing the petition against him.

Family LawChild NeglectParental RightsAppellate ReviewFamily CourtSubstance AbuseDrug TestingACS InterventionMinimum Degree of CareReversal of Finding
References
3
Case No. MISSING
Regular Panel Decision
Mar 02, 1995

P.A. Building Co. v. City of New York

The plaintiff filed a summary judgment motion and sought to sever a second cause of action, which was denied. Defendants, the City of New York and Kislak, cross-moved to dismiss the complaint and compel the plaintiff to submit to an audit, which was granted. The core of the dispute involved the City designating Kislak to audit lease expenses, which the plaintiff contested as an illegal contingency fee arrangement. The court ruled that the plaintiff lacked standing to challenge the contract between the City and Kislak, finding no direct harm or third-party beneficiary status. Furthermore, the plaintiff's refusal to submit to the audit impaired the City's ability to protest overcharges, thereby relieving the City of its obligation for additional rent escalation payments. The court affirmed the dismissal of the plaintiff's complaint, the order for an audit, and the dismissal of the tortious interference claim against Kislak.

Summary JudgmentContract DisputeAuditingAgency AgreementStanding (Law)Tortious InterferenceLease AgreementBreach of ContractContingency FeeDismissal of Complaint
References
4
Case No. MISSING
Regular Panel Decision

In re Daughtry A.

In a neglect proceeding under Family Court Act article 10, the mother appealed an amended order of fact-finding and disposition and an order of protection from the Family Court, Kings County. The appellate court dismissed the appeal from the order of protection, deeming it academic due to its expiration. The court affirmed the amended order of fact-finding and disposition, finding no violation of the mother's due process rights concerning the admission of her statements. The petitioner agency successfully established a prima facie case of neglect, which the mother failed to rebut with a credible explanation for the child's injuries.

Neglect ProceedingFamily Court Act Article 10Appellate ReviewFact-FindingDispositional HearingsOrder of ProtectionDue ProcessAdmissions as EvidencePrima Facie CasePreponderance of Evidence
References
7
Case No. 15-25-00124-CV
Regular Panel Decision
May 12, 2025

Brian Beckcom v. Texas A&M University

Appellant Brian Beckcom seeks to abate his appeal and remand the case to the trial court for findings of fact and conclusions of law. This motion is filed after the trial court's May 12, 2025 order dismissed Beckcom's petition for a writ of mandamus against Texas A&M University. Beckcom argues that the lack of specific findings from the trial court, despite a timely request, hinders his ability to present a proper appeal. The underlying dispute involves Texas A&M's alleged non-compliance with Public Information Act requests related to the Corps of Cadets' freshman experience program and a hazing investigation. Beckcom asserts that without these detailed findings, the legal and factual bases for the dismissal remain unclear, potentially jeopardizing his appellate arguments.

Public Information ActMandamusOpen RecordsTexas A&M UniversityCorps of CadetsHazingStudent ConductDue ProcessFreedom of InformationHigher Education
References
39
Case No. WR-83,135-01
Regular Panel Decision
May 07, 2015

Granger, Bartholomew

Bartholomew Granger, the applicant, is filing objections to the convicting court's findings of fact and conclusions of law in his writ of habeas corpus application. He argues that the convicting court failed to conduct an adequate fact-finding process, leaving numerous controverted and material factual issues unresolved. Key issues include potential prosecutorial misconduct regarding withheld evidence (his daughter's journal) and claims of ineffective assistance of trial counsel for failing to investigate and present crucial mitigating evidence. Granger also points out inaccuracies in his trial counsel's affidavits and criticizes the court's practice of adopting the State's proposed findings wholesale. Consequently, Granger requests the Court of Criminal Appeals to remand his application to the convicting court for a full and fair opportunity to address his claims.

habeas corpusineffective assistance of counselBrady violationprosecutorial misconductcapital murderpost-conviction reliefjudicial reviewfact-findingdue processTexas
References
19
Case No. WR 78,113-01
Regular Panel Decision
Mar 19, 2015

Garza, Humberto

This document contains Applicant Humberto Garza's objections to the Convicting Court's Findings of Fact and Conclusions of Law, and its recommendation to deny habeas corpus relief. Garza seeks the withdrawal of the February 12, 2015 Order, the recusal of Judge Noe Gonzalez, and the assignment of a different judge or revised findings. The objections are rooted in concerns over alleged ex parte communications with the jury by the judge and bailiff, the court's adoption of the State's findings, and insufficient funding for case development. Additionally, Garza objects to the exclusion of expert reports diagnosing Fetal Alcohol Spectrum Disorder and outlining its impact on his life.

Ineffective Assistance of CounselHabeas CorpusRecusal MotionJury MisconductEx Parte CommunicationJudicial ImpartialityFetal Alcohol Spectrum DisorderMitigation EvidenceCapital PunishmentDeath Penalty
References
76
Case No. MISSING
Regular Panel Decision
Oct 01, 1975

Abeyta v. Travelers Insurance Co.

In this workers' compensation case, the plaintiff challenged the jury's findings that his injury was not the producing cause of any total or partial incapacity. He also contended that the trial court erred by admitting evidence of unemployment compensation benefits. The plaintiff sustained an injury on June 28, 1974, while working for W. D. Turner Construction Company, but medical examinations showed no objective findings of injury and he returned to work. The court affirmed the trial court's judgment, finding that the jury's decision was supported by ample evidence and that any error in admitting evidence of unemployment benefits was harmless.

Workers' CompensationSufficiency of EvidenceJury FindingsProducing CauseIncapacityUnemployment BenefitsAdmissibility of EvidenceHarmless ErrorMedical EvidenceEmployment History
References
5
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