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

Case No. 01-17-00146-CV
Regular Panel Decision
Aug 27, 2019

Michael Fallon, M.D. v. the University of Texas MD Anderson Cancer Center and Craig Henderson as Officer for the Public Information for the University of Texas MD Anderson Cancer Center

Michael Fallon, M.D. sued the University of Texas MD Anderson Cancer Center and Craig Henderson under the Texas Public Information Act (PIA) after they denied his request for certain information, claiming it was held by an affiliated private entity, the MD Anderson Physicians Network. The trial court dismissed Fallon's suit. The appellate court reversed the dismissal of Fallon's mandamus claim, finding a genuine issue of material fact regarding whether the Cancer Center had a right of access to the Physicians Network's records, thereby making the information "public information" under the PIA. However, the court affirmed the dismissal of Fallon's declaratory judgment claim, stating that the Declaratory Judgments Act does not waive sovereign immunity for such claims. The case was remanded for further proceedings consistent with the opinion.

Public Information ActSovereign ImmunityDeclaratory JudgmentMandamusGovernmental BodyNon-profit OrganizationPhysicians NetworkMedical Peer ReviewSummary JudgmentPlea to Jurisdiction
References
56
Case No. MISSING
Regular Panel Decision

Texas Health Care Information Council v. Seton Health Plan, Inc.

Seton Health Plan, Inc., a licensed health maintenance organization (HMO), failed to file its annual Health Plan Employer Data Information Set (HEDIS) reports for 1999 and 2000 with the Texas Health Care Information Council, leading to a dispute over civil penalties. The State, through the Attorney General, initially demanded $153,000, interpreting 'each act of violation' as each day of non-compliance, while Seton contended the maximum penalty was $10,000 per unfiled report. Seton filed a declaratory judgment action to construe the statute, and the district court sided with Seton, assessing a minimum penalty of $1,000 for each report. The State appealed, raising issues of mootness, sovereign immunity, the penalty amount, denial of injunctive relief, and attorney's fees. The appellate court affirmed the district court's interpretation of the penalty, the assessed penalties, and the denial of injunctive relief, but remanded the issue of the State's attorney's fees.

Declaratory JudgmentStatutory ConstructionCivil PenaltiesSovereign ImmunityInjunctive ReliefAttorney's FeesHEDIS ReportHealth Maintenance OrganizationTexas Health and Safety CodeAdministrative Procedure Act
References
43
Case No. 03-02-00114-CV
Regular Panel Decision
Dec 19, 2002

Texas Health Care Information Council and the State of Texas, Office of the Attorney General v. Seton Health Plan, Inc.

This case involves an appeal by the Texas Health Care Information Council and the State of Texas, Office of the Attorney General, against Seton Health Plan, Inc. The core dispute centered on the interpretation of civil penalties for Seton's failure to file annual Health Plan Employer Data Information Set (HEDIS) reports as required by the Texas Health and Safety Code. Seton sought a declaratory judgment asserting that the maximum penalty for such a violation was $10,000 per report, while the State initially pursued a penalty based on each day of violation. The district court sided with Seton on the maximum penalty, assessed minimum penalties of $1,000 for each of the two unfiled reports, denied the State's request for injunctive relief, and ordered the State to pay Seton's attorney's fees. On appeal, the Court of Appeals affirmed the district court's declaratory judgment, the denial of injunctive relief, and the penalty assessment. However, the appellate court reversed and remanded the issue of the State's attorney's fees, ruling that the State was statutorily entitled to reasonable attorney's fees under Government Code section 402.006(c) due to its recovery of a civil penalty.

Texas LawHealth Care RegulationHEDIS Report ViolationCivil PenaltiesDeclaratory Judgment ActionSovereign Immunity WaiverInjunctive Relief DeniedAttorney's Fees AwardStatutory ConstructionAdministrative Law
References
44
Case No. MISSING
Regular Panel Decision

Morser v. AT & T INFORMATION SYSTEMS

Plaintiff Roy Morser filed an age discrimination complaint against defendant AT & T Information Systems (ATT-IS) after being laid off during a company-wide reduction-in-force. The court initially granted summary judgment in favor of ATT-IS, prompting Morser to file a motion for reargument. Morser based his motion on recent Second Circuit employment discrimination decisions, Montana and Ramseur, arguing that the court had overlooked or misapplied summary judgment standards, particularly regarding intent and drawing inferences in favor of the non-moving party. The court granted the motion for reargument, but upon reconsideration, reaffirmed its original decision to grant summary judgment to ATT-IS. The court found that its initial ruling had properly applied summary judgment standards and distinguished the facts of Morser's case from the precedents cited, noting the context of a massive layoff and lack of specific evidence of discriminatory intent.

Age DiscriminationSummary JudgmentReduction-in-Force (RIF)Rule 56 Fed.R.Civ.P.Rule 3(j) Civil Rules S.D.N.Y. & E.D.N.Y.Rule 59(e) Fed.R.Civ.P.Reargument MotionEmployment LawDisparate TreatmentSecond Circuit Precedent
References
20
Case No. 15-25-00138-cv
Regular Panel Decision
Nov 17, 2025

Shamar D. Bradley v. Texas Office of the Attorney General and Texas Department of Information Resources

Appellant Shamar D. Bradley appealed the trial court's denial of his Motion for Injunctive Relief. Appellee Texas Department of Information Resources (DIR) argues that Appellant is not entitled to a temporary injunction. DIR contends that Appellant lacks a probable right to the relief sought, either due to a lack of standing for his claims or because his claims are barred by sovereign immunity. Furthermore, DIR asserts that Appellant is not in danger of suffering a probable, imminent, or irreparable injury without a temporary injunction. Therefore, DIR requests the Court to affirm the trial court's order denying injunctive relief and dismiss Appellant's appeal.

Whistleblower ActSovereign ImmunityInjunctive ReliefAppellate ProcedureEmployment LawState AgencyDue Process ViolationRetaliationCopyright InfringementJudicial Review
References
94
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. 14-05-00845-CV
Regular Panel Decision
Mar 29, 2007

Nova Information Systems Inc. v. Nidhi and Roneil Inc. D/B/A PIC N PAC

Appellee Nidhi and Roneil, Inc. entered a contract with Nova Information Systems, Inc. and Brian Sowada for credit card processing for their convenience store. Appellants failed to properly program the credit card machines, leading to appellee's funds being routed to a third party and a loss of $4,938.83 in credit card charges. This material breach forced the closure of the store and resulted in a $20,000 loss on their initial investment of $120,000. The trial court entered a judgment in favor of the appellee. On appeal, appellants challenged the trial court's denial of their motion to compel arbitration and the sufficiency of the evidence for the damages awarded. The appellate court affirmed the trial court's final judgment, ruling that appellants waived their right to compel arbitration and that sufficient evidence supported the damages.

breach of contractarbitration waiverlegal sufficiency of evidencefactual sufficiency of evidencedamages awardcredit card processing disputeloss of investmentTexas Court of Appealsbusiness disputejudgment affirmation
References
17
Case No. MISSING
Regular Panel Decision

Attorney General of Texas v. Farmers Insurance Exchange

This appeal addresses public-information requests made to the Texas Department of Insurance (TDI) concerning rate-filing information submitted by a group of insurers. The central legal question is whether exceptions to disclosure under the Public Information Act (PIA) apply to information explicitly declared 'open to public inspection' by the Texas Insurance Code. The district court had previously ruled that PIA exceptions were applicable, which could allow the insurers to withhold proprietary trade secrets. The appellate court, upon de novo review, overturned this decision, asserting that the clear and unambiguous language of the Insurance Code mandates public inspection without the limitations of PIA exceptions. The court dismissed arguments based on legislative history, constitutional separation of powers, and the takings clause, emphasizing its duty to interpret statutes based on their plain meaning.

Public Information ActTexas Insurance CodeRate FilingsTrade SecretsStatutory ConstructionOpen Records RequestsAppellate ReviewGovernmental DisclosurePublic InspectionSeparation of Powers
References
30
Case No. MISSING
Regular Panel Decision

Brownstone Publishers, Inc. v. New York City Department of Buildings

The petitioner publishing company sought information from the New York City Department of Buildings (DOB) under the Freedom of Information Law (FOIL) in a computer tape format. The DOB offered the information in hard copy, citing no obligation to accommodate format preference, despite the petitioner's claim of substantial cost and difficulty in re-digitizing hard copies. The court, noting New York's Public Officers Law, emphasized the requirement for 'full' or 'maximum' access to records, which includes computer tapes or discs. It determined that providing over a million pages in hard copy would not constitute reasonable or maximum access. The court found no significant hardship for the DOB to provide the data electronically at the petitioner's expense. Consequently, the CPLR article 78 petition was granted, directing the DOB to provide the electronic records in computer tape format.

Freedom of Information LawPublic Officers LawInformation FormatElectronic RecordsHard CopyData AccessCPLR Article 78Government TransparencyCommercial InterestsNew York City Department of Buildings
References
2
Case No. MISSING
Regular Panel Decision
Jun 01, 2009

People v. Nunn

This case addresses whether a court's discretion to deem a misdemeanor complaint charging a drug offense as an information, without a field test or laboratory analysis, violates a defendant's due process rights. The court distinguishes People v Kalin and Matter of Jahron S., applying the three-factor test from Mathews v Eldridge. It concludes that the substantial private interest in physical liberty and the risk of erroneous deprivation necessitate a laboratory report or field test in most drug-related cases, imposing minimal burden on the prosecution. Specifically, for defendant Mr. Nunn, the misdemeanor complaint was deemed an information on June 1, 2009, after the certified laboratory analysis was filed.

Due ProcessCriminal ProcedureMisdemeanorControlled SubstanceDrug PossessionMisdemeanor InformationMisdemeanor ComplaintPrima Facie CaseLaboratory AnalysisField Test
References
21
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