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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

Claim of Brian VV. v. Chenango Forks Central School District

Petitioners filed a notice of claim after their six-year-old daughter was allegedly sexually assaulted on a school bus. The respondent, a school district, subsequently served a notice to orally examine the infant and petitioners. While petitioners submitted to examination, they refused to produce their child. The Supreme Court initially granted petitioners’ motion to strike the notice to examine the infant, deeming prior informal interviews with the child as substantial compliance. However, the appellate court reversed this decision, emphasizing that General Municipal Law § 50-h mandates a pre-action examination as a condition precedent. The court ruled that the prior interviews did not fulfill the statutory purpose and that the child's submission to an examination is required. Due to the child's young age, the matter was remitted to the Supreme Court to conduct a hearing to determine the child's competency to testify under oath before the examination takes place.

General Municipal Law § 50-hEducation Law § 3813Infant examinationSexual assault claimCondition precedentAppellate procedureCompetency hearingSchool district liabilityPre-action discoveryOath requirement
References
13
Case No. MISSING
Regular Panel Decision

Burger v. Bladt

The infant plaintiff suffered personal injuries resulting in serious learning disabilities and neurological problems following a collision. The defendant moved to compel additional medical examinations by a psychologist, psychiatrist, and a teacher of the neurologically handicapped, as well as a parent intake evaluation by a psychiatric social worker, after the plaintiffs refused to submit to more than a single examination. The Supreme Court partially denied this motion, deeming it overly burdensome. On appeal, the order was modified to grant the defendant's request for an examination by Annella Stevens, a teacher of the neurologically handicapped, and an interview by a psychiatric social worker to obtain the child's developmental history, affirming the order as modified.

Personal InjuryMedical ExaminationDiscoveryAppellate ProcedureInfant PlaintiffNeurological ProblemsLearning DisabilitiesSupreme CourtPre-Trial DiscoveryCourt Order Modification
References
4
Case No. 03-05-00032-CV
Regular Panel Decision
May 04, 2007

Board of Medical Examiners for the State of Texas and Donald W. Patrick, M.D., J.D., as Executive Director of the Board of Medical Examiners for the State of Texas v. Vivian Adaobi O. Nzedu, M.D.

The Texas State Board of Medical Examiners denied Dr. Vivian Nzedu's medical license application, citing her failure to pass the USMLE within the statutorily permitted attempts. The Board included an examination attempt made prior to the effective date of the 'three-attempts statute' (September 1, 1993). The trial court initially sided with Dr. Nzedu, ruling that pre-1993 attempts should not be counted. However, the appellate court reversed this decision, concluding that counting pre-statute examination attempts is not an unconstitutional retroactive application of the Medical Practice Act, as it merely draws upon antecedent facts and does not impair a vested right. The court deferred to the Board's reasonable interpretation of the statute. The case was remanded for a determination of attorneys' fees.

Medical LicensingUSMLEStatutory InterpretationRetroactivityVested RightsAdministrative LawTexas Medical Practice ActPhysician LicensureExamination RequirementsAppellate Review
References
24
Case No. MISSING
Regular Panel Decision

Dolenz v. Texas State Board of Medical Examiners

Bernard J. Dolenz appealed the dismissal of his suit for judicial review against the Texas State Board of Medical Examiners. The district court had dismissed the case, citing an insufficient motion for rehearing filed by Dolenz with the Board. The appellate court examined whether the motion for rehearing satisfied the requirements of the Administrative Procedure Act for judicial review. Concluding that Dolenz's motion was not so general as to fail completely, the court determined that the district court erred in granting the Board’s plea to the jurisdiction. Consequently, the appellate court reversed the dismissal order and remanded the cause for further proceedings.

Judicial ReviewAdministrative LawPlea to JurisdictionMotion for RehearingAppellate ProcedureMedical License SuspensionTexas Administrative Procedure ActJurisdictionSufficiency of PleadingsAgency Order Review
References
26
Case No. 03-93-00229-CV
Regular Panel Decision
May 31, 1995

Bernard J. Dolenz v. Texas State Board of Medical Examiners

The Texas State Board of Medical Examiners suspended Bernard J. Dolenz' medical license. Dolenz sought judicial review, but the district court dismissed his suit, asserting it lacked jurisdiction due to an insufficient motion for rehearing filed with the Board. Dolenz appealed this dismissal, arguing the district court erred in its jurisdictional finding. The appellate court examined the requirements for a motion for rehearing under the Administrative Procedure Act and found Dolenz' motion was not entirely deficient. Consequently, the appellate court determined the district court improperly granted the plea to the jurisdiction and dismissed the case, thus reversing the order and remanding for further proceedings.

Administrative LawJudicial ReviewPlea to JurisdictionMotion for RehearingSufficiency of MotionMedical License SuspensionTexas State Board of Medical ExaminersAppellate ProcedureJurisdictional DefectsStatutory Compliance
References
24
Case No. M2010-01582-COA-R3-CV
Regular Panel Decision
Oct 21, 2011

Kevin Cox, D.V.M. v. Tennessee Board of Veterinary Medical Examiners

Kevin Cox, a licensed veterinarian, appealed an administrative decision by the Tennessee Board of Veterinary Medical Examiners. The Board sanctioned Dr. Cox for improperly prescribing medications to farms without establishing a proper veterinarian-client-patient relationship. The Chancery Court affirmed the Board's decision. The Court of Appeals reviewed the Board's findings, concluding that there was substantial and material evidence to support the six violations related to prescribing medications without examination and sufficient follow-up. The court also found that the Board's decision was not arbitrary or capricious, rejecting arguments about insufficient notice and bias. The imposition of Type A sanctions was also upheld due to the knowing and willful nature of the violations and potential public health threats, affirming the decisions of both the Board and the Chancery Court.

Veterinary Medical EthicsPrescription PracticesAdministrative Law AppealProfessional MisconductVeterinarian-Client-Patient RelationshipStandard of CareDue ProcessSanctionsTennessee Court of AppealsRegulatory Board Decision
References
18
Case No. 03-14-00774-CV
Regular Panel Decision
Aug 28, 2015

Texas State Board of Veterinary Medical Examiners, and Nicole Oria, in Her Official Capacity as Executive Director// Ellen Jefferson, D.V.M. v. Ellen Jefferson, D.V.M.// Texas State Board of Veterinary Medical Examiners, and Nicole Oria, in Her Official Capacity as Executive Director

This Amicus Curiae Brief is filed on behalf of Best Friends Animal Society, a national nonprofit animal welfare organization. It opposes the Texas Board of Veterinary Medical Examiners' (the 'Board') enforcement actions against Ellen Jefferson, D.V.M., alleging these actions illegally expand the Board's jurisdiction beyond statutory limits and usurp animal welfare responsibilities delegated to the Texas Board of Health and municipalities. The brief argues the Board's actions violate both unambiguous statutory language and the Board's own rules, attempting to regulate animal welfare instead of merely licensing veterinarians. Best Friends contends that if unchecked, the Board's overreach will debilitate no-kill shelters and lead to an exponential increase in animal euthanasia in Texas.

Veterinary Licensing ActAnimal WelfareTexas Board of Veterinary Medical ExaminersJurisdiction DisputeNo-Kill SheltersRegulatory OverreachStatutory InterpretationAmicus CuriaeProperty RightsTexas Occupations Code
References
59
Case No. MISSING
Regular Panel Decision
Nov 03, 1967

Holloway v. Board of Examiners

The petitioner, a school social worker, initiated an Article 78 proceeding to compel the respondent to provide copies of medical and other reports that led to an unsatisfactory rating in an examination for a Supervisor of School Social Workers license. The Supreme Court, Kings County, initially dismissed the petition. However, the appellate court reversed this judgment, granting the petition to the extent of directing the respondent to furnish the reports to a physician designated by the petitioner, rather than directly to the petitioner. The case was remanded to the Special Term for further proceedings, including a determination on allowing the petitioner more time to appeal the unsatisfactory rating.

Article 78 CPLRLicense ExaminationSchool Social WorkerMedical ReportsDisclosureAdministrative AppealUnsatisfactory RatingAppellate ReversalRemandPhysician Disclosure
References
3
Case No. MISSING
Regular Panel Decision
Jan 19, 2007

In re the Adoption of Female Infant B.

This case involves an appeal of a Family Court order awarding custody of Female Infant B. to the adoptive parents (petitioners). The biological mother (respondent) executed a surrender agreement nine days after the child's birth in November 2003, but later attempted to revoke her consent in May 2006. While the Family Court found the surrender agreement invalid due to non-compliance with Domestic Relations Law § 115-b (lacking 18-point type, notice of potential non-return after revocation, and advice on right to counsel), it nevertheless awarded custody to the petitioners based on abandonment by the respondent and the child's best interests. The appellate court affirmed, concluding that the respondent was equitably estopped from opposing the adoption due to her 30-month inactivity, failure to provide support, and the child's best interests in remaining with the only parents she has known.

AdoptionChild CustodySurrender AgreementEquitable EstoppelDomestic Relations LawAbandonmentBest Interests of ChildParental RightsRevocation of ConsentImmigrant Parent
References
5
Case No. 03-09-00342-CV
Regular Panel Decision
Dec 31, 2009

Texas Board of Law Examiners v. Donald Little

Donald Little, an attorney, sought admission to the State Bar of Texas but was found unfit by the Texas Board of Law Examiners (TBLE) due to character issues. Little mistakenly filed an appeal of TBLE's decision in a Travis County county court, despite jurisdiction resting solely with Travis County district courts. The county court dismissed the case for lack of subject matter jurisdiction but controversially ordered it transferred to a district court. TBLE appealed this transfer order, contending the county court lacked authority to transfer a case over which it had no jurisdiction. The appellate court concurred, vacating the transfer order and dismissing the entire case for want of jurisdiction, emphasizing that a court without jurisdiction can only dismiss.

AppealJurisdictionSubject Matter JurisdictionTransfer of CaseCounty CourtDistrict CourtTravis CountyTexas Board of Law ExaminersDonald LittleAppellate Procedure
References
13
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