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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

People v. McGinnis

This case involves the defendant, Felicia McGinnis, who moved to dismiss a charge of loitering for the purpose of engaging in prostitution (Penal Law § 240.37 [2]) due to facial insufficiency of the accusatory instrument. The court examined the complaint and supporting deposition, noting the reliance on a preprinted, check-off form that vaguely alleged the defendant loitered, spoke to three passersby for 20 minutes, and was previously arrested for prostitution-related offenses in an area frequented by prostitutes. The court found the allegations lacked specific, overt acts demonstrating a clear intent to solicit prostitution. It concluded that the general description of her clothing, ambiguous statement, and officer's prior experience were insufficient to establish reasonable cause. The motion to dismiss the accusatory instrument for facial insufficiency was therefore granted.

LoiteringProstitutionFacial InsufficiencyAccusatory InstrumentCriminal Procedure LawPenal LawSufficiency of EvidenceSupporting DepositionCheck-off FormsEvidentiary Character
References
13
Case No. MISSING
Regular Panel Decision

King Street Patriots v. Texas Democratic Party

This appellate opinion addresses facial challenges to the constitutionality of various provisions within the Texas Election Code, brought by the King Street Patriots and individual appellants against the Texas Democratic Party and its officials. The appellants argued that sections pertaining to private rights of action, corporate contributions, and political committee definitions violated their First, Fourth, Eighth, and Fourteenth Amendment rights, or were unconstitutionally vague or overbroad. The trial court had granted summary judgment for the Texas Democratic Party, upholding the constitutionality of numerous provisions and declining jurisdiction over others. The appellate court affirmed the trial court's judgment, concluding that the challenged Election Code provisions were facially constitutional and concurring with the jurisdictional decisions regarding issues like officeholder definitions and criminal penalties. The court emphasized its adherence to the facial challenge framework, declining to expand prior holdings or consider as-applied challenges.

Election LawConstitutional LawFirst AmendmentFourth AmendmentEighth AmendmentFourteenth AmendmentDue ProcessPolitical ContributionsCampaign FinancePolitical Committees
References
49
Case No. MISSING
Regular Panel Decision

HCA Healthcare Corp. v. Texas Department of Insurance

This case involves HCA Healthcare Corporation and other hospitals (collectively, "the Hospitals") who filed suit for declaratory and injunctive relief against the Texas Department of Insurance, its Division of Workers’ Compensation (DWC), and Commissioner Albert Betts, Jr. The Hospitals sought to reverse 1,406 decisions issued by DWC and challenged the facial constitutionality of former Texas Labor Code § 413.031(k) for allegedly failing to provide a right to a contested case hearing in medical disputes. Texas Mutual Insurance Company also intervened. The trial court initially granted summary judgment for the Hospitals and Texas Mutual on the right to a hearing but denied the Hospitals' request to set aside the 1,406 DWC orders. On appeal, the court affirmed the trial court's denial of the Hospitals' request to set aside the DWC decisions, citing a lack of jurisdiction due to untimely appeals. Furthermore, the court reversed the trial court's declaration that former § 413.031(k) was facially unconstitutional, rendering judgment that the statute is indeed facially constitutional.

Medical Dispute ResolutionWorkers' CompensationTexas Labor CodeFacial ConstitutionalityJudicial ReviewAdministrative Procedure ActSummary JudgmentAppellate CourtDeclaratory ReliefInjunctive Relief
References
16
Case No. MISSING
Regular Panel Decision

People v. Wildman

This case addresses the constitutionality of Administrative Code § 10-118 (b) of the City of New York, which prohibits transporting building materials without proof of ownership. Defendant challenged the statute, arguing the complaint was facially insufficient and that the statute violated due process by creating an irrebuttable presumption and being unconstitutionally vague or overbroad. Judge Michael Gerstein denied all of defendant's motions. The court found the complaint facially sufficient and determined that the statute does not create an impermissible irrebuttable presumption. Furthermore, the court concluded that the statute is not unconstitutionally vague or overbroad, as it provides adequate notice of prohibited conduct and clear standards for enforcement, rationally deterring theft and vandalism.

ConstitutionalityDue ProcessVagueness DoctrineOverbreadth DoctrineIrrebuttable PresumptionAdministrative CodeStatutory InterpretationCriminal LawFacial InsufficiencyProof of Ownership
References
25
Case No. 2015-1796 Q CR
Regular Panel Decision
Aug 25, 2017

People v. Rivas (Mayra)

This case concerns an appeal by Mayra Rivas from her convictions for stalking in the fourth degree and harassment in the first degree. The Appellate Term, Second Department, reviewed the facial sufficiency of the superseding accusatory instrument and the weight of the trial evidence. The court reversed and dismissed the conviction for stalking under Penal Law § 120.45 (3), finding the accusatory instrument facially insufficient as it lacked objective facts to establish a reasonable fear of employment loss. However, the convictions for stalking under Penal Law § 120.45 (1) and harassment in the first degree were affirmed, as the court determined that the extensive allegations supported a finding of a course of conduct intended to cause reasonable fear for personal safety, beyond mere protected speech.

StalkingHarassmentCriminal LawAppellate ReviewFacial InsufficiencySufficiency of EvidencePenal LawCriminal Procedure LawFirst AmendmentFree Speech
References
16
Case No. MISSING
Regular Panel Decision
Mar 13, 1980

Wernham v. Moore

The plaintiff, an unnamed former "permanent employee" of the Episcopal Mission Society (Society), was terminated in 1978 for allegedly leaving a group home unattended. The plaintiff claims the dismissal was without just cause, arguing he was on authorized leave, and that the Society failed to follow its own personnel manual procedures requiring written warnings and meetings for non-major violations. A key contention is that the Society's actions constitute "State action" due to its compliance with Department of Social Services regulations (18 NYCRR 441.4), which would subject it to due process requirements. The court found that while the Society is regulated, a factual question remains regarding a "significant nexus" for State action, which cannot be resolved solely on a motion to dismiss. The plaintiff also suggested the manuals represented a bilateral agreement, but the complaint lacked specificity on this point. Ultimately, the Supreme Court's order affirming the motion to dismiss the complaint for legal insufficiency was affirmed.

Employment TerminationState Action DoctrineDue ProcessPersonnel ManualsDismissal ProceduresDepartment of Social Services RegulationsRegulatory ComplianceMotion to DismissLegal SufficiencyAppellate Review
References
8
Case No. MISSING
Regular Panel Decision
Jun 10, 2005

Claim of Cucci v. Rexer's Tang Soo Do Karate Academy

Claimant sustained a severe neck laceration in December 2001 while at work, resulting in a significant scar. A Workers’ Compensation Law Judge initially denied an award for facial disfigurement, stating the scar was below the jaw. The Workers’ Compensation Board panel modified this, granting a $10,000 award, finding the scar fell within the compensable region under Workers’ Compensation Law § 15 (3) (t) (2). The employer and its carrier appealed, arguing the Board failed to address the impact of the disfigurement on claimant's present or future earning capacity, a statutory requirement for such an award. The appellate court reversed the Board's decision and remitted the matter for further proceedings, citing the absence of findings or inferences regarding impaired earning capacity.

Facial DisfigurementSerious DisfigurementEarning CapacityWorkers' Compensation Law § 15Scar InjuryAppellate ReviewRemittalStatutory InterpretationCompensable InjuryWorkers' Compensation Board
References
3
Case No. MISSING
Regular Panel Decision
Dec 23, 1975

McIntyre v. Bakers For A Democratic Union

This case involves an appeal from an order denying the defendants' motion to dismiss a libel complaint. The Supreme Court, Bronx County, initially denied the motion to dismiss the complaint for legal insufficiency or for summary judgment, and also denied dismissal against defendant Caprio for lack of jurisdiction. The appellate court modified the order, dismissing the action against Caprio due to lack of jurisdiction, as he was served in New Jersey and had no New York ties. The court otherwise affirmed the denial of dismissal, finding that the subject matter of the allegedly false and indiscriminately distributed pamphlets, viewed in context of opposing affidavits, was sufficient to raise a triable issue as to actual malice. Justice Murphy dissented in part, arguing for dismissal against all appellants, asserting the leaflet targeted union officers, not the union, and that the alleged defamation arose from an intraunion dispute protected by the Labor Management Reporting and Disclosure Act. He further contended that plaintiffs failed to show actual malice with convincing clarity, as required by New York Times Co. v Sullivan.

LibelDefamationJurisdictionSummary JudgmentLabor LawUnion DisputeActual MaliceFirst AmendmentCPLRUS Code
References
5
Case No. MISSING
Regular Panel Decision

Steven Waters v. Reagan Farr, Commissioner of Revenue for the State of Tennessee

Justice William C. Koch, Jr. delivers a concurring in part and dissenting in part opinion concerning the court's decision to invalidate Tennessee's Unauthorized Substances Tax as facially unconstitutional. He agrees with the court's conclusions that the tax does not violate double jeopardy, self-incrimination, or due process. However, he dissents from the decision that the tax cannot be constitutionally imposed on persons possessing significant quantities of illegal drugs for resale. Justice Koch argues that the court disregarded precedents favoring statutory constitutionality and failed to consider the rational connection between possessing substantial drug quantities and intent to sell, which is recognized in criminal law. He also points out procedural irregularities in the case, suggesting the Attorney General was not properly notified of the specific constitutional challenge.

Unauthorized Substances TaxFacial ConstitutionalityAs-Applied ChallengeTaxing PowerTennessee Constitution Article II Section 28Illegal Drug TradeDrug TraffickingStatutory InterpretationJudicial RestraintDue Process
References
113
Case No. MISSING
Regular Panel Decision

Di Piazza v. George Campbell Painting Co.

The case involves the appeal of a Workers' Compensation Board decision concerning a decedent's widow. The decedent sustained fatal injuries from electrocution while working for the employer. The Board initially awarded death benefits, temporary total disability, and facial disfigurement, but later rescinded the disability award, upholding the disfigurement. The employer appealed, arguing the disfigurement award was improper without a permanent partial disability finding. The court reversed the Board's decision, finding that the evidence of grave injuries supported total, not partial, disability, making the disfigurement award irrational. The matter was remitted for further proceedings consistent with the court's decision.

Workers' CompensationFacial DisfigurementTemporary Total DisabilityDeath BenefitsConcurrent AwardsAppellate ReviewStatutory InterpretationMedical EvidenceAccidentElectrocution
References
4
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