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

Case No. 09-24-00064-CV
Regular Panel Decision
Feb 12, 2026

Universal Protection Service, LP D/B/A Allied Universal Security and Universal Protection Service GP, Inc. v. the Woodlands Mall Associates, LLC

Universal Protection Services, LP d/b/a Allied Universal Security (Allied) and The Woodlands Mall Associates, LLC (TWM) were parties to a Security Agreement. A patron, Penny Prater, sued both Allied and TWM, along with other entities, for negligence after a robbery in the mall parking lot, alleging failures in security services and training. Allied and TWM filed competing motions for summary judgment regarding Allied's contractual duty to defend TWM, which Allied had refused. The trial court granted summary judgment for TWM, finding that Allied had a duty to defend TWM based on the Agreement's terms and Illinois law. Allied appealed this decision, arguing the contract's indemnification provision did not require it to defend TWM for TWM's own alleged negligence. The Court of Appeals affirmed the trial court's judgment, holding that the contractual provision clearly required Allied to defend TWM when the alleged acts of negligence or failures resulted from its provision of security services.

Contract InterpretationDuty to DefendIndemnification AgreementSecurity ServicesNegligence ClaimsSummary JudgmentAppellate ReviewIllinois Contract LawTexas Civil ProcedureBreach of Contract
References
21
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
Aug 16, 1988

In re the Grand Jury Subpoenas Served Upon Doe

The Grand Jury of New York County issued subpoenas duces tecum to the law firm of John Doe, P. C., seeking various records. John Doe, P. C. moved to quash or modify these subpoenas, asserting attorney-client and attorney work product privileges. After an in camera review of 109 files, the court denied the attorney-client privilege claim for two files due to insufficient proof of confidentiality. For the work product privilege, the court applied the crime-fraud exception for specific subpoenaed records, citing an ongoing investigation into corruption in personal injury litigation. The court also narrowly construed the work product privilege. Consequently, the motion was granted for eight specific files found to contain protected attorney work product, while denied for the remaining files. The records not protected by privilege were ordered to be delivered to the District Attorney by August 18, 1988, following service of the decision on August 16, 1988.

attorney-client privilegework product privilegesubpoenas duces tecumGrand Jury investigationcrime-fraud exceptionin camera inspectionlegal ethicsconfidentialityevidence disclosuremotion to quash
References
12
Case No. 08-04-00026-CV
Regular Panel Decision
Nov 18, 2004

Ricardo Corrales and Zulema Frias v. Department of Family and Protective Services

The parents, Ricardo Corrales and Zulema Frias, appealed the termination of their parental rights concerning three of their children by the Texas Department of Family and Protective Services. They argued against the admission of police reports as hearsay and the court's failure to appoint the maternal grandmother as managing conservator. The appellate court affirmed the trial court's judgment, finding the police reports admissible as cumulative evidence and upholding the jury's decision to name the Department as managing conservator. This decision was based on evidence of the parents' ongoing drug abuse, a history of abuse and neglect, and the grandmother's inability to provide a safe and stable environment for the children, despite her desire to care for them. The court reviewed the legal sufficiency of the evidence supporting the jury's finding that appointing the Department was in the children's best interest.

parental rights terminationchild conservatorshipchild neglectsubstance abuseevidentiary ruleshearsaypublic records exceptionbusiness records exceptionlegal sufficiencyjury verdict
References
27
Case No. MISSING
Regular Panel Decision
Nov 10, 2008

SD Protection, Inc. v. Del Rio

Plaintiff SD Protection, Inc. brought a breach of contract action against defendant Edward Del Rio. Over two years, SD Protection repeatedly failed to comply with discovery orders, including monetary sanctions totaling $1,000 imposed by Magistrate Judge Robert M. Levy. Despite multiple opportunities and warnings, SD Protection refused to pay the fines or comply with the court's directives. District Judge Mauskopf ultimately held SD Protection in civil contempt for its obstructionist behavior and non-compliance. The court ordered the dismissal of SD Protection's claims and will award Del Rio reasonable attorney's fees and costs incurred due to the plaintiff's contempt, while declining to impose civil arrest due to jurisdictional limitations on serving such an order.

Civil ContemptDiscovery SanctionsBreach of ContractNon-complianceCourt OrdersMonetary FinesDismissal of ComplaintCompensatory RemedyJurisdictional LimitsFederal Rules of Civil Procedure
References
14
Case No. MISSING
Regular Panel Decision

In re Grand Jury Subpoenas Served on National Broadcasting Co.

The opinion addresses motions by news broadcasters to quash Grand Jury subpoenas demanding unbroadcast videotapes ("out-takes") of a June 30, 1998 protest in Manhattan, where police officers were injured and attackers unidentified. The movants invoked Civil Rights Law § 79-h, the "Shield Law," which provides qualified protection for non-confidential news. The court, presided over by Justice Jeffrey M. Atlas, denied the motions, finding that the prosecution met the statutory burden by demonstrating the out-takes are highly material, relevant, critical, necessary, and not obtainable from any alternative source for the ongoing assault investigation.

Grand JurySubpoenaShield LawJournalist PrivilegeFreedom of the PressUnbroadcast FootageOut-takesCivil Rights LawNon-confidential InformationAssault Investigation
References
11
Case No. MISSING
Regular Panel Decision

In re the Report of the Special Grand Jury

This case involves five appeals challenging the procedures and evidence supporting a Special Grand Jury's reports, which recommended discipline or removal for employees of the Monroe County Department of Social Services. The Grand Jury was empanelled in 1978 to investigate the department's handling of child abuse cases. Although the County Court accepted the reports for filing, it sealed them pending appeal and later affirmed its decision. The appellate court, however, found significant procedural irregularities, including inadequate jury instructions and improper subcommittee formation, and determined that the evidence was insufficient to substantiate the misconduct charges against the appellants. Consequently, the County Court's orders were reversed, and the Grand Jury reports were ordered to be sealed.

Grand Jury ReportChild Abuse InvestigationMonroe County Department of Social ServicesPublic Servants MisconductProcedural IrregularitiesSufficiency of EvidenceGrand Jury InstructionsSealing ReportsCriminal Procedure LawAppellate Review
References
13
Case No. 03-13-00258-CV
Regular Panel Decision
Oct 17, 2013

R. P. v. Texas Department of Family and Protective Services

R.P. appealed the termination of her parental rights, initially decided by a jury and affirmed by a district judge in Lampasas County. The appeal challenged the sufficiency of evidence regarding endangerment, parental conduct, compliance with court orders, and the child's best interest. The court focused on whether R.P. knowingly exposed her child to dangerous conditions, citing Robert's history of domestic violence against R.P. even while pregnant and after birth, often in the child's presence. Despite protective orders and services, R.P.'s continued association with Robert and her own volatile behavior raised concerns about her ability to provide a safe environment. The appellate court found sufficient evidence to support both the statutory grounds for termination and that termination was in the child's best interest, affirming the judgment.

Parental Rights TerminationDomestic ViolenceChild EndangermentSufficiency of EvidenceBest Interest of ChildFamily CodeAppellate ReviewPsychological EvaluationChild CustodyTexas Court of Appeals
References
16
Case No. 01-11-00137-CV
Regular Panel Decision
Jul 12, 2012

L.M. and Y.Y. v. Department of Family and Protective Services

This case concerns the termination of parental rights of L.M. and Y.Y. to their three minor children, I.M., L.M., Jr., and T.M. The Department of Family and Protective Services initiated the proceedings following allegations of domestic violence by Y.Y. against L.M., including a broken arm and sexual assault, which Y.Y. later recanted. The Department also cited L.M.'s failure to participate in a batterer intervention program. The trial court, incorporating jury findings, terminated parental rights based on findings of endangerment under Family Code subsections 161.001(1)(D), (E), and (O). L.M. and Y.Y. appealed, challenging evidentiary rulings and the sufficiency of the evidence. The Court of Appeals affirmed the trial court's judgment, concluding that the evidence was legally and factually sufficient to support the endangerment findings and that any errors in admitting testimony were harmless.

Parental Rights TerminationDomestic ViolenceChild EndangermentTexas Family CodeSufficiency of EvidenceHearsay EvidenceAppellate ReviewChild Protective ServicesSexual AssaultAbuse of Discretion
References
39
Case No. 03-22-00071-CV
Regular Panel Decision
Oct 13, 2023

Jonathan Timothy Noyes v. the State of Texas for the Protection of Samantha Jo Voges

Jonathan Timothy Noyes appeals a lifetime protective order issued against him for the protection of his ex-girlfriend, Samantha Jo Voges. Noyes challenged the order on five grounds, asserting the district court failed to make required fact findings, that the evidence was insufficient, that his communication was constitutionally protected speech, that the underlying harassment statute was unconstitutionally vague, and that the court abused its discretion by excluding evidence. The State filed an application for a protective order after Voges reported thousands of threatening text messages, calls from blocked and spoofed numbers, and social media harassment from Noyes following their breakup. Voges testified about Noyes's controlling behavior, physical altercations, and fear for her safety due to threats to ruin her life, disclose private information, and access her accounts. A detective's investigation confirmed Noyes sent over 1,500 messages, used multiple numbers and emails, installed a tracking device on Voges's car, and attempted to access her bank account, leading to his arrest for stalking. The appellate court affirmed the district court's finding that there were reasonable grounds to believe Voges was a victim of stalking, thus upholding the protective order.

StalkingProtective OrderHarassmentElectronic CommunicationDomestic ViolenceAppellate ReviewEvidence SufficiencyFirst AmendmentDue ProcessFirearm Prohibition
References
19
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