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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

Martin v. Clinical Pathology Laboratories, Inc.

Appellant Joyce Martin sued Clinical Pathology Laboratories, Inc. (CPL) for wrongful termination, alleging she was fired for leaving work early to vote. The trial court dismissed her case, and Martin appealed. The appellate court first addressed Martin's standing to sue, concluding that despite filing for Chapter 13 bankruptcy, she retained standing as her claim revested in her upon the confirmation of her bankruptcy plan. On the merits, Martin argued for a new common-law exception to the employment-at-will doctrine, citing Texas public policy and the Texas Election Code. However, the appellate court declined to create such an exception, emphasizing the legislature's role in defining exceptions to the at-will doctrine and noting that Martin's pleadings did not definitively show a violation of the Election Code. Consequently, the appellate court affirmed the trial court's judgment of dismissal.

wrongful terminationemployment at willright to voteTexas Election Codepublic policy exceptionChapter 13 bankruptcystandingappellate reviewcase dismissalemployer retaliation
References
42
Case No. 08-19-00067-CV
Regular Panel Decision
Aug 06, 2020

Clinical Pathology Laboratories Inc. v. Juan Polo

This case involves an appeal concerning the application of the Texas Citizens Participation Act (TCPA) in a wrongful discharge lawsuit. Clinical Pathology Laboratories (CPL) terminated employee Juan Polo after he suffered a work-related injury and filed a worker's compensation claim. Polo sued CPL for retaliatory discharge under Chapter 451 of the Texas Labor Code. CPL filed a motion to dismiss under the TCPA, arguing Polo's claims were based on its exercise of free speech and right of association regarding matters of public concern (health and safety related to its lab services). The appellate court affirmed the trial court's denial of CPL's motion, concluding that Polo's lawsuit was based on CPL's conduct of termination, not specific communications, and that CPL failed to show the communications related to a matter of public concern as distinct from its private pecuniary interests.

Workers' CompensationRetaliatory DischargeTexas Citizens Participation Act (TCPA)Free SpeechRight of AssociationPublic ConcernPrivate DisputeEmployment LawAppealEl Paso
References
40
Case No. MISSING
Regular Panel Decision

Schairer v. Schairer

The wife filed a motion to disqualify the law firm of Sari Friedman, P.C. from representing her husband in their ongoing divorce proceedings, citing a conflict of interest. This conflict stemmed from Ms. Friedman's prior representation of the court-appointed custody forensic expert in his own divorce case in 1995. The husband cross-moved to disqualify the same forensic expert, alleging potential bias against police officers and Ms. Friedman's previous representation of the expert. The court found a clear appearance of a conflict of interest, as Ms. Friedman could not effectively cross-examine her former client, the expert, without potentially using privileged confidential information. Consequently, the court granted the wife's motion to disqualify Sari Friedman, P.C. and denied the husband's cross-motion, determining that any claims of bias against the expert could be addressed during trial.

DivorceAttorney DisqualificationConflict of InterestForensic ExpertCustodySpousal DisputeProfessional EthicsConfidentialityLegal RepresentationJudicial Opinion
References
10
Case No. MISSING
Regular Panel Decision
Dec 12, 2005

Sassower-Berlin v. Berlin

This case details an appeal by the Law Guardian for the children and the father from a Family Court order in Nassau County, entered December 12, 2005. The underlying proceeding aimed to modify a 2001 divorce judgment that had terminated the mother’s visitation rights. Appellants sought to vacate orders directing forensic examinations of the father and children, and to summarily dismiss the modification proceeding. The appellate court dismissed the appeal concerning one child as academic. It found the order for the father's examination erroneous but affirmed the discretion to order children's evaluations. However, in exercising its own discretion, the court granted the motion to vacate the forensic examinations for the minor children due to their opposition and prior trauma. The court denied the motion to summarily dismiss the mother's petition, allowing it to proceed to a hearing.

Child visitationDivorce judgment modificationForensic examinationsMental health evaluationAppellate reviewFamily Court ActChildren's welfareJudicial discretionLaw GuardianChildren's wishes
References
7
Case No. MISSING
Regular Panel Decision

In Re Morton

Michael Wayne Morton, convicted of his wife's murder in 1987, sought post-conviction forensic DNA testing of various pieces of evidence under chapter 64 of the Texas Code of Criminal Procedure. The district court partially denied his motion, leading to this appeal. The appellate court affirmed the denial of testing for evidence related to a separate murder and for fingerprint evidence, finding these did not meet the statutory requirements of being "secured in relation to the offense" or containing "biological material." However, the court reversed the denial for a blood-stained bandana recovered near the crime scene. The court concluded that if DNA testing on the bandana yielded exculpatory results (Christine's blood and a third party's DNA), there is a greater than 50% likelihood that Morton would not have been convicted, and thus remanded the case for further proceedings concerning the bandana.

forensic DNA testingmurder convictionappealcriminal procedureexculpatory evidenceblood-stained bandanaunidentified fingerprintscircumstantial evidencetime of deathunknown intruder theory
References
12
Case No. MISSING
Regular Panel Decision
Jun 23, 1994

Johnson v. El Paso Pathology Group, P.A.

Plaintiff Deborah A. Johnson, a pathologist, sued El Paso Pathology Group, P.A. and El Paso Healthcare System, Ltd. d/b/a Sun Towers Hospital for sex discrimination under Title VII of the Civil Rights Act of 1964. The court found that Johnson's sex was a motivating factor in her termination, rejecting the defendants' arguments that her personality or refusal to transfer justified the action. The decision also established that the defendants were 'joint employers' under federal law, despite state law restrictions on physician employment. Johnson was awarded $454,401 in damages, including back pay and front pay, along with attorney's fees and costs.

Employment DiscriminationSex DiscriminationTitle VIIJoint Employer DoctrineWrongful TerminationBack Pay AwardFront Pay AwardAttorney's FeesJudicial DiscretionFifth Circuit Precedent
References
31
Case No. MISSING
Regular Panel Decision

Albert F. v. Stone

Albert F., a patient at Kings Park Psychiatric Center, filed a CPLR Article 78 proceeding to compel the Commissioner of the New York State Office of Mental Health and the Director of the Bureau of Forensic Services to apply for an order authorizing his unescorted furloughs. Albert F. argued that his treatment team, the Hospital Forensic Committee, and the Bureau of Forensic Services had all approved his furlough application based on clinical suitability and public safety. The respondents contended that the application was discretionary and that the Commissioner retained final authority. The court, presided over by Alan D. Oshrin, J., denied the respondents' motion to dismiss and the petitioner's motion to amend the petition. The court clarified that while the initial decision to apply for a furlough order is discretionary, if the Director of Forensic Services determines that two specific conditions (clinical warrant and public safety) are met, then the application becomes mandatory. The court ordered the petitioner to submit certified and updated documentary evidence to support their claims within 45 and 90 days, stating that if the conditions are met, the court will direct the Director to make the application.

MandamusCPLR Article 78Furlough OrderPsychiatric Patient RightsMental Hygiene LawDiscretionary vs Mandatory ActsStatutory InterpretationAdministrative LawBureau of Forensic ServicesKings Park Psychiatric Center
References
15
Case No. MISSING
Regular Panel Decision

Buntin v. Guardian Life Insurance

The defendant insurer appealed an order denying its motion for disinterment of cremated remains for forensic examination. The insurer sought to verify the identity of the deceased, Floyd B. Ashlock, after uncovering several discrepancies. These included inconsistencies in medical records regarding an appendectomy, conflicting statements about the deceased's drinking habits, and challenges to the identity of the body by the deceased's daughter. Additionally, the plaintiff, the beneficiary, exhibited suspicious behavior. The Supreme Court, Appellate Division, found that these "special, unusual and unanticipated circumstances" warranted further discovery, reversing the lower court's decision and granting the defendant's motion to exhume the remains for forensic examination.

DisintermentForensic ExaminationLife Insurance PolicyAccidental Death InsuranceCremated RemainsMedical Record DiscrepanciesIdentity VerificationAppellate ReviewDiscovery MotionDental Records
References
3
Case No. ADJ1220987 (SJO 0262634)
Regular
Nov 17, 2010

RICHARD GILLISPIE vs. PLASTECH, SUBSEQUENT INJURIES BENEFITS TRUST FUND

The Subsequent Injuries Benefits Trust Fund (SIBTF) appealed an award of benefits to an applicant with a pre-existing disability, arguing a subsequent industrial back injury did not cause pathology in the opposite leg as required by statute. The Appeals Board affirmed the award, finding that Labor Code section 4751 only requires the subsequent injury to "affect" the opposite member, not necessarily cause direct pathology. Evidence showed the applicant's low back injury caused verified radiculopathy and impaired leg function, meeting the statutory requirement. The Board found SIBTF's legal arguments unpersuasive and the WCJ's findings supported by substantial evidence.

Subsequent Injuries Benefits Trust FundLabor Code section 4751industrial injurylow backradiculopathypermanent disabilityopposite and corresponding memberpathologyAMA GuidesDRE category III
References
2
Case No. MISSING
Regular Panel Decision

Storch v. Syracuse University

Plaintiffs Mark and Jenny Storch sued Syracuse University and Professor Douglas Biklen after their autistic daughter, Jenny, allegedly accused her father of sexual abuse through "facilitated communication." A Family Court had previously rejected this communication method as unreliable, leading to the withdrawal of abuse charges against Mark Storch. The state court action alleged fraud and violations of Education Law regarding speech-language pathology. The court granted summary judgment to the defendants, ruling that Biklen's statements were opinions on an evolving, controversial theory, not fraudulent misrepresentations, and that facilitated communication does not fall under the practice of speech-language pathology as defined by law. Consequently, the plaintiffs' complaint was dismissed.

Facilitated CommunicationAutism CommunicationChild Abuse AllegationsSummary JudgmentFraud ClaimsEducation LawSpeech-Language PathologyScientific ControversyExpert TestimonyAcademic Liability
References
14
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