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

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. 03-17-00357-CV
Regular Panel Decision
Nov 21, 2017

George Allibone, M.D. v. Scott Freshour, in His Official Capacity as the Interim Executive Director of the Texas Medical Board Juanita Garner, Investigator of the Texas Medical Board And the Texas Medical Board

George Allibone, M.D., appealed the denial of his petition for a protective order against an administrative subpoena issued by the Texas Medical Board. The subpoena sought patient medical and billing records for an investigation into complaints against Allibone. He contended the trial court erred by failing to issue findings of fact and conclusions of law and by abusing its discretion in finding the subpoena reasonable and relevant. The appellate court found Allibone waived his complaint regarding missing findings. It also concluded the trial court did not abuse its discretion, citing the Board's need for complete records for investigation and Allibone's failure to prove the unconstitutionality of the statute requiring compliance. The trial court's order was affirmed.

Medical Board InvestigationAdministrative SubpoenaPhysician RecordsConstitutional RightsDue ProcessJudicial Review of Agency ActionAbuse of DiscretionFourth AmendmentTexas LawProfessional Licensing
References
50
Case No. MISSING
Regular Panel Decision

In Re an Application to Quash a Subpoena Duces Tecum in Grand Jury Proceedings

The New York Court of Appeals held that a hospital under Grand Jury investigation for alleged crimes against patients (e.g., "no coding") cannot assert physician-patient or social worker-client privileges, or the patient’s right to privacy, to quash subpoenas for medical records. The court reasoned that these privileges are intended to protect patients, not to shield potential criminals. Additionally, the conditional privilege for material prepared for litigation (CPLR 3101 [d]) does not apply to Grand Jury subpoenas. The decision affirmed the denial of motions to quash subpoenas related to patients Maria M. and Daisy S., emphasizing the broad investigative powers of the Grand Jury.

Grand JurySubpoena Duces TecumPhysician-Patient PrivilegeSocial Worker-Client PrivilegePatient PrivacyMaterial Prepared for LitigationHospital InvestigationMedicaid Fraud ControlCriminal ActivityNo Coding
References
5
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

Hetzler v. Record/Information Dissemination Section, Federal Bureau of Investigation

This case involves a Freedom of Information Act (FOIA) request by pro se plaintiff Déirdre McKiernan Hetzler seeking records from the Federal Bureau of Investigation (FBI) concerning her father. The FBI released some documents, redacted others, and withheld some entirely, citing various FOIA exemptions including national security, internal agency rules, and protection of confidential sources and third-party privacy. Plaintiff challenged the breadth of these redactions. The Court conducted an in camera review of the withheld documents and, after evaluating the asserted exemptions, granted in part and denied in part both the defendants' motion for summary judgment and the plaintiff's cross-motion, ordering the FBI to re-process and re-release certain documents where redactions were deemed unjustified.

FOIANational SecurityClassified InformationRedactionSummary JudgmentPrivacy InterestsConfidential SourcesFBIGovernment RecordsDeclassified Documents
References
30
Case No. MISSING
Regular Panel Decision

In re Grand Jury Proceedings Special Investigation 1198/82

The Bureau of Community Services, an authorized child care agency, moved to quash a subpoena issued by the District Attorney for confidential records concerning three children believed to be victims of crimes, sought in a Grand Jury investigation. The Bureau argued these records were protected by various privileges, including social worker/client, attorney/client, physician/patient, and Social Services Law § 372. The District Attorney contended that the social worker/client privilege did not apply to child victims under CPLR 4508 (subd 3). The court, citing precedent from *Matter of Grand Jury Proceedings (Doe)*, ruled that evidentiary privileges, though important, should not obstruct legitimate Grand Jury investigations into criminal activity, especially when the Grand Jury operates in secrecy. Consequently, the motion to quash the subpoena was denied in all respects. The court did order the District Attorney to photocopy the subpoenaed materials and return the originals to the agency within five working days.

SubpoenaMotion to QuashConfidentialitySocial Worker-Client PrivilegeAttorney-Client PrivilegePhysician-Patient PrivilegeGrand Jury InvestigationChild VictimsSocial Services LawCPLR
References
5
Case No. MISSING
Regular Panel Decision
Sep 30, 1988

Perez v. Federal Bureau of Investigation

The case involves a class action lawsuit filed by 310 Hispanic Special Agents of the Federal Bureau of Investigation (FBI), led by named plaintiff Bernardo Perez, alleging national origin discrimination under Title VII of the Civil Rights Act of 1964. The court found a pattern and practice of discrimination within the FBI concerning conditions of employment and promotional opportunities for Hispanic agents. Specifically, the court highlighted the disproportionate burden placed on Hispanic agents for Spanish language-related assignments (like wiretaps and undercover work), which adversely affected their career advancement. The promotional system, with its excessive subjective elements and lack of EEO compliance mechanisms, was deemed discriminatory. The court also found that the FBI retaliated against Bernardo Perez for filing an EEO complaint, including the misuse of a Grand Jury subpoena during an administrative investigation against him. However, claims of religious discrimination and class-wide administrative discipline and transfer discrimination were not substantiated.

National Origin DiscriminationEmployment DiscriminationCivil Rights ActDisparate TreatmentDisparate ImpactRetaliationFBIClass ActionPromotional SystemSubjective Evaluations
References
37
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

Henry v. New York State Commission of Investigation

Petitioners, Suffolk County District Attorney Patrick Henry and Assistant DA Raymond G. Perini, initiated a proceeding against the New York State Commission of Investigation (S.I.C.) and its chairman, David G. Trager. They alleged the S.I.C. overstepped its jurisdiction, interfered with the DA's duties, and violated their constitutional and statutory rights during a two-year probe into the Suffolk County Police Department and DA's office. Petitioners sought various forms of relief, including declaratory judgments, injunctive relief, and pre-release judicial review of the S.I.C.'s report. The court denied motions for intervention and discovery, concluding that the S.I.C. is a purely investigative body without adjudicatory or prosecutorial powers, thus upholding its enabling act's constitutionality and denying all of the petitioners' requested relief. The court granted the respondents' cross-motion to dismiss the proceeding.

Investigatory PowersDue Process RightsJurisdictional DisputeDeclaratory JudgmentInjunctive ReliefCertiorari ReviewState Commission of InvestigationGrand Jury AuthorityPublic Official MisconductCivil Rights Law
References
18
Case No. MISSING
Regular Panel Decision

Claim of Rondon v. Manhattan & Bronx Surface Transit Operating Authority

Claimant, a bus driver, was injured in 2007 and subsequently received workers' compensation benefits for an eight-month period. The self-insured employer challenged these benefits under Workers' Compensation Law § 114-a, alleging the claimant worked during the disqualification period and attempted to introduce video evidence. The Workers' Compensation Law Judge (WCLJ) refused to admit the video due to lack of authentication by the investigator who filmed it, eventually closing the record when the employer failed to produce all necessary investigators. While the Workers' Compensation Board ruled that the investigator's testimony wasn't strictly necessary for authentication, it upheld the WCLJ's closure of the record because the employer hadn't appealed the initial authentication ruling and failed to present all investigators. Consequently, the Board remitted the case for a determination on claimant's disqualification, a decision which the employer appealed, but the appellate court dismissed the appeal as an interlocutory order that did not resolve all substantive issues.

Appeal DismissalInterlocutory OrderEvidence AuthenticationVideo FootageClaimant BenefitsEmployer LiabilityAdministrative ReviewRecord ClosureAppellate ProcedureWorkers' Compensation Law § 114-a
References
2
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