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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
Jul 26, 2006

Velez v. Daar

In a medical malpractice action, the plaintiff sought damages for psychological and emotional injuries stemming from a failure to diagnose thyroid cancer. The plaintiff engaged in psychotherapy with Dr. Velma Stade and initially limited the disclosure of related notes. However, during a deposition, the plaintiff disclosed that factors beyond the thyroid cancer, such as work environment and family issues, contributed to his psychological symptoms. Consequently, the defendant sought full disclosure of Dr. Stade's notes, arguing that the plaintiff had waived his psychotherapist-client privilege. The Supreme Court reversed the motion court's protective order, determining that the plaintiff had indeed waived the CPLR 4508 social worker-patient confidentiality privilege by placing his psychological condition in controversy, thereby making the disclosure of the sensitive records warranted.

medical malpracticepsychotherapyconfidentiality privilegewaiver of privilegeCPLR 4508psychological injuriesemotional distressthyroid cancerdisclosure of recordssocial worker-patient privilege
References
2
Case No. MISSING
Regular Panel Decision

Giles v. Gi Yi

The dissenting opinion by Justice Whalen challenges the majority's interpretation of 22 NYCRR 202.17, which mandates personal injury plaintiffs to secure an expert witness report on causation and provide it to the defense prior to the defendant's medical examination of the plaintiff. Whalen argues this requirement is an undue burden and is not explicitly outlined within the regulation's scope. The dissent emphasizes that 22 NYCRR 202.17 (b) (1) only requires disclosure of reports from 'medical providers who have previously treated or examined the party seeking recovery,' distinct from expert reports generated solely for litigation purposes. Furthermore, Justice Whalen asserts that expert disclosure is governed by CPLR 3101 (d), which does not necessitate such early disclosure, and finds that the Supreme Court's decision to compel was an abuse of discretion, concluding that Nero v Kendrick was wrongly decided.

Expert Witness DisclosureCausationMedical ExaminationPersonal InjuryCivil Procedure Law and Rules (CPLR)Uniform Civil Rules for the Supreme Court and County Court (22 NYCRR)Dissenting OpinionJudicial DiscretionPreclusionLitigation Expenses
References
2
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. MISSING
Regular Panel Decision
Nov 18, 1991

In re Lenny McN.

The Family Court in Bronx County issued an order on November 18, 1991, directing the disclosure of a social worker's entire casework file to an intervenor-respondent. This social worker was called as a witness by the law guardian for the infants. The appellate court unanimously reversed this order, finding the social worker's testimony regarding prior file use too equivocal to support a wholesale waiver of confidentiality and work product privileges. The court emphasized the protection against disclosure of mental impressions of a party's representative, classifying a social worker employed by a law guardian as such a representative. The case was remanded for a continuation of the dispositional hearing, with further discovery limited unless the law guardian seeks to elicit an adverse expert opinion from the social worker.

Family LawDisclosureConfidentiality PrivilegeWork Product ImmunitySocial Worker TestimonyChild CustodyFamily Court ProceedingDiscovery LimitationsAppellate ReviewWaiver of Privilege
References
2
Case No. MISSING
Regular Panel Decision

Chaplin v. Pathmark Supermarkets

This case addresses a motion by defendants, including Supermarkets General Corp., for a protective order to vacate the plaintiff Mimi Chaplin's notice for discovery and inspection of accident reports. Mimi Chaplin sought these reports after sustaining personal injuries from a fall at the defendant's premises. The court, presided over by Justice James F. Niehoff, analyzed the newly enacted CPLR 3101 (g), which mandates full disclosure of accident reports prepared in the regular course of business. The court found that the accident report in question was prepared in Supermarkets General Corp.'s regular course of business, rendering it discoverable regardless of its potential use in litigation, thus denying the defendants' motion.

DiscoveryProtective OrderAccident ReportsCPLR 3101(g)Litigation PreparationRegular Course of BusinessPersonal InjuryNegligenceDisclosureEvidence
References
10
Case No. 21-mc-102
Regular Panel Decision

Socha v. 110 Church, LLC

Plaintiffs, Marek Soeha, Jerzy Muszkatel, Tadeusz Kowalewski, Wla-dyslaw Kwasnik, and Waldemar Ropel, sought to compel expert testimony from non-retained physicians associated with the Mt. Sinai World Trade Center Medical Monitoring Program and a Workers’ Compensation physician. These "Non-Retained Experts" possess unique knowledge regarding the effects of World Trade Center dust but were unwilling to provide data or serve as expert witnesses due to time constraints and concerns about compromising neutrality. District Judge Alvin K. Hellerstein denied the plaintiffs' motion to compel depositions and amended expert disclosures, finding a lack of "substantial need" as the information was not unique and comparable witnesses were available. However, acknowledging the unparalleled scope of the Mt. Sinai WTC Health Program's research, the court ordered Mt. Sinai to produce its data, with appropriate redactions, following an established protocol.

Expert Witness DepositionMotion to CompelFederal Rules of Civil Procedure 26Non-Retained ExpertsWorld Trade Center LitigationMedical Monitoring ProgramDiscovery DisputeSubpoena Expert WitnessCausation TestimonyData Disclosure Order
References
3
Case No. MISSING
Regular Panel Decision

In re Gribetz

The People moved for disclosure of defendant A.T.'s HIV test results under Public Health Law § 2785 (2) (a). A.T. is charged with reckless endangerment and attempted assault after allegedly biting a mental health worker and threatening to transmit AIDS, claiming to be HIV positive. The court found a 'compelling need' for disclosure to prove A.T.'s state of mind and the grave risk of death required for reckless endangerment, despite the bite not breaking the skin. Weighing disclosure against privacy, the court determined A.T. waived her privacy interest by publicly announcing her HIV status and using it to threaten a crime. The motion was granted, ordering disclosure to the Rockland County District Attorney's Office with strict limitations on redisclosure and sealing of related documents.

HIV disclosurereckless endangermentattempted assaultpublic health lawcompelling needprivacy interestwaivercriminal proceedingbite incidentmental health facility
References
4
Case No. 03-12-00309-CV
Regular Panel Decision
Aug 08, 2013

Larry F. York// Texas Guaranteed Student Loan Corporation and Greg Abbott, Attorney General for the State of Texas v. Texas Guaranteed Student Loan Corporation And Greg Abbott, Attorney General for the State of Texas// Cross- Larry F. York

This case involves Larry F. York's challenge to an Attorney General's open-records ruling concerning the Texas Guaranteed Student Loan Corporation (TGSL). York sought disclosure of various TGSL records, including board meeting minutes, a Strategic Plan, President's Reports, EAS-related documents, and a VFA application. The district court ordered disclosure of the actual minutes and EAS records but allowed TGSL to withhold attachments, the Strategic Plan, President's Reports, and pricing information from the VFA application. The Court of Appeals largely sided with York, affirming the disclosure of minutes and EAS records and reversing to order disclosure of the Strategic Plan, President's Reports, and other minute attachments. However, it affirmed the withholding of VFA pricing information and the denial of attorney's fees to York.

Open Meetings ActPublic Information ActGovernment TransparencyStudent LoansGovernmental RecordsCompetitive HarmDeclaratory JudgmentAttorney's FeesStatutory ConstructionAppellate Review
References
62
Case No. MISSING
Regular Panel Decision

Texas State Board of Chiropractic Examiners v. Greg Abbott, Attorney General of the State of Texas

The Texas State Board of Chiropractic Examiners (the Board) sued the Attorney General seeking a declaration that certain chiropractic records were exempt from disclosure under the Texas Public Information Act (PIA). The records were part of the Board's investigation file concerning a complaint, which the Board considered confidential under Occupations Code section 201.206(a). The Attorney General's Open Records Division (ORD) initially opined that patient access provisions (sections 201.404 and 201.405) created an exception, requiring disclosure with proper consent. The trial court granted summary judgment for the Attorney General, mandating disclosure. On appeal, the court reversed, holding that the patient access provisions did not create an exception to the confidentiality afforded the Board's investigation files, thus the documents were exempt from mandatory disclosure.

Public Information ActConfidentialityChiropractic RecordsInvestigation FilesStatutory ConstructionSummary JudgmentPatient AccessGovernmental BodyAttorney General OpinionAppellate Review
References
48
Case No. MISSING
Regular Panel Decision

New York Racing Ass'n v. State of New York Racing & Wagering Board

The New York Racing Association (NYRA) filed a CPLR article 78 application seeking to exempt competitive bidding policy documents from disclosure under the New York Freedom of Information Law (FOIL), citing Public Officers Law § 87 (2) (d) regarding trade secrets and potential substantial competitive injury. NYRA challenged a determination by the State of New York Racing and Wagering Board (NYSRWB) that had partially denied this exemption for certain approved policy changes. The court, applying the Encore test, found that even a summarized release of these documents would constitute a disclosure of proprietary trade information. Such disclosure, especially to the press, was deemed likely to cause significant competitive disadvantage to NYRA, impacting its franchise renewal and bankruptcy reorganization efforts. Consequently, the court granted NYRA's application, vacating the NYSRWB's prior determination and ruling that the documents are exempt from FOIL disclosure.

FOILFreedom of Information LawPublic Officers LawTrade SecretsCompetitive BiddingProprietary InformationCommercial EnterpriseSubstantial InjuryRacing IndustryRegulatory Board
References
14
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