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Case Law Database

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

Case No. Motion sequence Nos. 002 and 005
Regular Panel Decision

UMG Recordings, Inc. v. Escape Media Group, Inc.

UMG Recordings, Inc. sued Escape Media Group, Inc. for common-law copyright infringement and unfair competition. Escape asserted DMCA safe harbor and CDA preemption defenses, along with Donnelly Act and tortious interference counterclaims. The court denied UMG's motion to dismiss the DMCA safe harbor defense, ruling it applies to pre-1972 recordings. However, the court granted UMG's motion to dismiss the CDA preemption defense, clarifying that the CDA's intellectual property exemption covers both federal and state laws. Additionally, Escape's Donnelly Act counterclaim was dismissed, but UMG's motions to dismiss the tortious interference counterclaims were denied, rejecting defenses like the Noerr-Pennington doctrine and economic interest.

Copyright InfringementDMCA Safe HarborPre-1972 RecordingsUnfair CompetitionCommunications Decency ActTortious InterferenceDonnelly ActNew York Common LawInternet Service ProvidersAntitrust
References
34
Case No. MISSING
Regular Panel Decision

United States v. Rabadi

Defendant Ayman S. Rabadi filed a motion seeking to expunge his criminal record and return related fingerprints and photographs after his conviction for heroin conspiracy and importation was vacated in December 1994. The Government opposed this application. Presiding District Judge Sprizzo denied the motion, emphasizing that the federal courts' inherent equitable power to expunge criminal records is a narrow one, to be used only in 'unusual or extreme circumstances.' The Court found no such circumstances in Rabadi's case, as there was no indication of lacking probable cause for arrest, improper governmental purposes, misuse of records, or constitutional invalidity of the underlying statute. The Court also noted the compelling public need for maintaining accurate criminal records for law enforcement and deemed the records valuable law enforcement information.

expungementcriminal recordheroin conspiracynarcotics distributionequitable powersfederal courtsSecond Circuitdenied motionpublic interestlaw enforcement records
References
23
Case No. MISSING
Regular Panel Decision

United States v. Bryde

Hedwig J. Bryde, a Licensed Practical Nurse, seeks to expunge her 1976 conviction for interstate transportation of a forged money order due to concerns about future professional opportunities. The government opposes this motion, arguing that no extraordinary circumstances warrant expunction. Citing precedents like *United States v. Schnitzer* and *United States v. Sherman*, the court emphasizes that the power to expunge records is reserved for unusual or extreme cases, which typically involve issues like unlawful arrests or misuse of records, not merely to avoid professional inconvenience. The court finds that Bryde has not challenged the validity of her conviction or demonstrated government misuse of records, nor has she provided evidence beyond her own conclusion that her career would be negatively impacted. Therefore, the court denies her motion, affirming the government's compelling public need to retain criminal records.

ExpungementCriminal RecordsProfessional LicensingEquitable DiscretionConvictionForgeryFederal LawSecond Circuit PrecedentDenial of Motion
References
23
Case No. MISSING
Regular Panel Decision

United States v. Fields

Leroy Fields, having successfully completed probation for a misdemeanor conviction of cocaine possession, moved to expunge his criminal record, arguing it was a barrier to obtaining steady employment. He had lost his job at the United States Postal Service due to the conviction and subsequently struggled to secure full-time positions, being denied by companies like Greyhound and losing a job at New York Bus Service. Fields also contended that actions by the Postal Service, where a co-worker targeted him for drug purchases after his rehabilitation, were unfair, though he conceded it wasn't legal entrapment. The court, however, denied his motion, emphasizing that expungement is reserved for "extreme circumstances" such as mass arrests, harassment, misuse of records, or convictions based on unconstitutional statutes. The court found Fields' difficulties, while poignant, did not meet this high standard, particularly since his conviction was valid and unchallenged, distinguishing his case from precedents where expungement was granted.

Expungement of criminal recordMisdemeanor convictionCocaine possessionProbation completionEmployment barriersExtreme circumstances legal standardEquitable discretionRehabilitation effortsDrug addiction historyU.S. Postal Service employment
References
7
Case No. MISSING
Regular Panel Decision

New York State Police v. Charles Q.

A State Trooper, acquitted of criminal charges, had his criminal records sealed. His employer, the State Police (petitioner), subsequently sought to unseal these records for use in a disciplinary proceeding. The County Court initially granted the application to unseal. On appeal, the court reversed the County Court's order, ruling that the State Police, when conducting a disciplinary proceeding against one of its employees, is not acting as a 'law enforcement agency' under CPL 160.50 (1) (d) (ii) and thus has no statutory right to access sealed records. Furthermore, the court found that the petitioner failed to meet the 'compelling demonstration' required for exercising the court's inherent power to unseal records, as it did not demonstrate that other investigative avenues had been exhausted or were unavailable. Consequently, the application to unseal the records was denied.

Sealed recordsCriminal Procedure Law 160.50Disciplinary proceedingState TrooperPublic employerLaw enforcement agencyInherent court powerUnsealing recordsAppellate reviewAdministrative determination
References
6
Case No. MISSING
Regular Panel Decision

Morales v. Ellen

This appeal concerns the application of the Texas Open Records Act (TORA) regarding the disclosure of investigative records pertaining to sexual harassment allegations against John Ellen, a former police lieutenant. The Attorney General challenged a trial court's decision that withheld the names and detailed statements of witnesses, citing privacy concerns, while ordering the release of Ellen's affidavit and the police board's findings. The appellate court affirmed the trial court's judgment, balancing the public's right to information about government affairs against the privacy rights of individuals involved in intimate and embarrassing sexual harassment investigations. It concluded that disclosing witness identities would discourage future reporting and cooperation, thereby upholding the privacy exemption under TORA.

Texas Open Records ActTORASexual HarassmentPrivacy RightsInvestigative RecordsGovernment TransparencyWitness ProtectionPublic OfficialsEctor CountyAppellate Law
References
11
Case No. 05-15-00073-CV
Regular Panel Decision
Apr 16, 2015

Estate of David Anthony Toarmina

This document is an 'Agreed Correction of Reporter’s Record' filed by Danyel Moffett, Appellant, and Vincent Toarmina, Appellee. The parties agree to correct the Reporter’s Record by including two exhibits, Def. Ex. 29 and Def. Ex. 30, which are Charles Vincent Toarmina’s Response to Request for Disclosure and Charles Vincent Toarmina’s First Supplemental Response to Request for Disclosure, respectively. These exhibits were admitted at trial but not included in the original record. The parties agree that these documents are true and correct copies and should be made part of the Reporter’s Record for all purposes.

Appellate ProcedureCorrection of RecordExhibitsDiscoveryTexas Rules of Civil ProcedureProbate CourtEstate LawDisclosure RequestAppellate Court FilingAgreement of Parties
References
7
Case No. 02-21-00164-CV
Regular Panel Decision
Jun 09, 2022

Todd Gallaher v. Denton Media Company, Inc. D/B/A Denton Record Chronicle

Appellant Todd Gallaher, a political consultant, sued Appellee Denton Media Company, Inc. d/b/a Denton Record-Chronicle for defamation, alleging libelous statements in a series of articles. The articles detailed allegations of Gallaher's misconduct during the 2008 primary election, claiming he was "charged," "prosecuted," and "sentenced" for misrepresentation of identity. Gallaher also contended defamation regarding statements that he declined to comment for the articles. The trial court granted summary judgment for the Newspaper. The appellate court affirmed, ruling that some claims were time-barred, statements about charges were protected by the statutory defense of truth for public concern, and statements about declining comment were not defamatory.

DefamationLibelSummary JudgmentFirst AmendmentFreedom of PressPublic ConcernStatutory Defense of TruthStatute of LimitationsAppellate ReviewTexas Election Code
References
24
Case No. MISSING
Regular Panel Decision

Mister Vee Productions, Inc. v. LeBlanc

This case involves a dispute over copyright infringement and breach of contract. Three corporations—Mister Vee, Delightful, and Vigor—sued individuals known as The Rhythm Makers, Paul Service, and corporations Arista Records, G.Q. Publishing, and Arista Music. Delightful alleged copyright infringement for the song 'Soul On Your Side.' Mister Vee and Vigor claimed The Rhythm Makers breached an exclusive agreement by recording other songs with Arista. The court addressed defendants' motion to dismiss non-copyright claims due to lack of pendent jurisdiction. The court ultimately declined jurisdiction and dismissed the state law claims, finding they did not share a 'common nucleus of operative fact' with the federal copyright claim.

Copyright InfringementBreach of ContractPendent JurisdictionFederal CourtState Law ClaimsMusic Industry DisputeExclusive Recording AgreementMotion to DismissJudicial EconomyCommon Nucleus of Operative Fact
References
12
Case No. MISSING
Regular Panel Decision

Blair v. Texas Employment Commission

William G. Blair appealed an order requiring him to produce employment and payroll records to the Texas Employment Commission (TEC). Blair claimed the records were privileged under the Fourth, Fifth, and Fourteenth Amendments, fearing self-incrimination, and offered to produce them only if granted immunity. The Attorney General then filed an application in the 72nd District Court of Lubbock County, which ordered Blair to produce the records. The appellate court affirmed the trial court's judgment, applying the "required records" doctrine, which is an exception to the self-incrimination privilege for records mandated by law for governmental regulation, especially concerning public welfare and the collection of taxes for unemployment compensation.

Required Records DoctrineSelf-IncriminationFifth AmendmentFourth AmendmentFourteenth AmendmentEmployment RecordsPayroll RecordsAdministrative SubpoenaGovernmental RegulationPublic Welfare
References
4
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