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

Case No. 03-06-00002-CV
Regular Panel Decision
Jul 20, 2007

Texas Court Reporters Certification Board and Michele Henricks, as Director of the Court Reporters Certification Board v. Esquire Deposition Services, L.L.C.

The Texas Court Reporters Certification Board (Board) initiated disciplinary proceedings against Esquire Deposition Services, L.L.C. (Esquire) for alleged violations concerning long-term volume discount arrangements for court reporting services. Esquire subsequently filed suit against the Board and its director, Michele Henricks, challenging the Board's statutory authority to regulate or prohibit such discounts and seeking declaratory and injunctive relief. The district court denied the Board's plea to the jurisdiction, prompting an appeal. The Court of Appeals held that the Board possesses exclusive jurisdiction over disciplinary claims and determined that Esquire's claims, which broadly questioned the Board's general authority over long-term discounts, were not ripe for judicial review as they depended on contingent facts and agency expertise. Consequently, the appellate court reversed the district court's order, dismissing Esquire's suit due to lack of jurisdiction.

Administrative LawJurisdictionPlea to the JurisdictionRipeness DoctrineExclusive JurisdictionStatutory InterpretationDeclaratory Judgment ActCourt Reporters Certification BoardCourt Reporting FirmsLong-term Volume Discounts
References
15
Case No. MISSING
Regular Panel Decision

United States v. Juvenile Male

The United States Government moved to transfer a juvenile male defendant, charged with four brutal, premeditated murders connected to the MS-13 street gang, to adult status for prosecution. Judge Joseph F. Bianco of the Eastern District of New York evaluated six statutory factors, including the defendant's age (nearly 18 at the time of the offense and 19 at the hearing), his supportive social background despite gang affiliation, and a lack of prior delinquency record. While some factors weighed against transfer, the severe nature of the alleged crimes and the low likelihood of rehabilitation within the juvenile justice system were found to overwhelmingly favor adult prosecution. The Court ultimately granted the government's motion, emphasizing public protection over the juvenile's rehabilitation potential given the gravity of the offenses.

juvenile justiceadult prosecutionMS-13gang violencemurderracketeeringtransfer motionrehabilitation potentialjudicial discretionstatutory factors
References
35
Case No. MISSING
Regular Panel Decision
Jun 09, 2011

In re the Certification as Qualified Adoptive Parents Pursuant to Domestic Relations Law § 115-d

This case concerns Joanna K. and Scottye K.'s application to waive the mandatory certification as qualified adoptive parents for Jeremiah B., the biological son of Careese B. The K.s received physical custody of Jeremiah shortly after his birth in March 2009, prior to obtaining the required judicial certification, thereby violating New York's adoption statute. The court reviewed the convoluted history, including Careese B.'s judicial consent to adoption and the K.s' temporary custody order. However, the court denied the waiver application, emphasizing the critical importance of pre-placement certification to protect children and prevent unregulated transfers of custody. The decision stated that the petitioners failed to show good cause for waiver and that a retroactive approval of non-compliance would undermine legislative intent, although the K.s retain legal and physical custody pending the adoption petition.

Adoption Law CompliancePrivate-Placement Adoption RequirementsPre-Placement CertificationWaiver Application DenialChild Welfare LegislationFamily Law ProcedureJudicial DiscretionStatutory InterpretationParental Fitness StandardsCustody Transfer
References
9
Case No. 08-11-00206-CV
Regular Panel Decision
May 09, 2012

El Paso County Juvenile Board v. Dolores Aguilar

Dolores Aguilar filed suit against the El Paso County Juvenile Board, alleging retaliatory discharge for filing a worker's compensation claim, in violation of Chapter 451 of the Texas Labor Code. The Juvenile Board asserted governmental immunity and filed a plea to the jurisdiction, which the trial court denied. On appeal, the Eighth District Court of Appeals reversed the trial court's decision. The appellate court determined that the El Paso County Juvenile Board qualifies as a political subdivision under Chapter 504 of the Texas Labor Code, meaning its governmental immunity for retaliatory discharge claims under Chapter 451 has not been waived. Consequently, the appellate court dismissed Aguilar's suit for lack of subject matter jurisdiction, aligning with the precedent set in Travis Central Appraisal District v. Norman.

Governmental ImmunityRetaliatory DischargeWorker's Compensation ClaimPlea to JurisdictionPolitical SubdivisionTexas Labor CodeSovereign ImmunitySubject Matter JurisdictionAppellate ReviewJuvenile Board
References
8
Case No. MISSING
Regular Panel Decision

Jamie B. v. Hernandez

The plaintiff, Jamie B., initiated a class action lawsuit against the New York City Department of Juvenile Justice (DJJ) and the Office of Children and Family Services (OCFS), along with their respective commissioners. The suit alleged that the defendants were unlawfully housing children, who were either remanded to nonsecure detention (NSD) or deemed eligible for it, in more restrictive secure detention facilities. Plaintiffs contended these actions violated various state laws, including the Family Court Act, and the children's due process rights, by failing to provide adequate NSD spaces. The court reviewed the five statutory criteria for class certification under CPLR 901 (a) and found that numerosity, commonality, typicality, adequacy of representation, and superiority of the class action were all satisfied. Consequently, the court granted class certification, rejecting the defendants' arguments, including the application of the "government operations rule," due to the defendants' repeated non-compliance with court orders and the vulnerability of the class members.

Juvenile JusticeNonsecure DetentionSecure DetentionClass Action CertificationFamily Court ActDue Process RightsChildren's WelfareGovernmental Non-complianceNew York Supreme CourtYouth Detention
References
29
Case No. 10-03-076-CV
Regular Panel Decision
Dec 31, 2003

in the Matter of D. T., a Juvenile

D.T., a juvenile, was found to have engaged in delinquent conduct by committing aggravated sexual assault and was committed to the Texas Youth Commission (TYC) for ten years. Almost two years later, TYC referred D.T. to the court for approval of his transfer to prison. The court ordered the transfer, and D.T. appealed, contending the court abused its discretion due to insufficient evidence and lack of rehabilitation opportunities provided by TYC. The appellate court reviewed the record, including D.T.'s extensive misconduct at TYC, his fluctuating academic progress, and his lack of progress in therapy. The court found that the trial court did not abuse its discretion in ordering the transfer to prison, as it was not required to consider all statutory factors and its decision could be based on conflicting evidence. The court's order transferring D.T. to prison was affirmed.

Juvenile DelinquencyAggravated Sexual AssaultTexas Youth CommissionPrison TransferAbuse of DiscretionAppellate ReviewRehabilitationMisconductEvidence SufficiencyFamily Code
References
4
Case No. 13-08-00527-CV
Regular Panel Decision
May 07, 2009

Texas Youth Commission - Evins Regional Juvenile Center v. Nelina Garza

The Texas Youth Commission (TYC) appealed the trial court's denial of its plea to the jurisdiction in a lawsuit filed by Nelina Garza. Garza, an employee, alleged employment retaliation after reporting child abuse at a juvenile facility, asserting claims under the Texas Whistleblower Act and the Texas Family Code. TYC contended that Garza failed to exhaust administrative remedies and that her family code claims were precluded. The appellate court affirmed the trial court's decision, finding that Garza had created a fact issue regarding the initiation of grievance procedures and the applicability of the Texas Family Code claims.

Whistleblower ActEmployment RetaliationHostile Work EnvironmentChild Abuse ReportingGovernmental ImmunityPlea to JurisdictionAdministrative RemediesTexas Family CodeAdverse Personnel ActionContinuing Violation Doctrine
References
28
Case No. M2004-00647-COA-R3-CV
Regular Panel Decision
Nov 15, 2005

Yvonne N. Robertson v. Tennessee Board of Social Worker Certification and Licensure

The Tennessee Board of Social Worker Certification and Licensure appealed a Chancery Court decision that had set aside the Board's two-year license revocation of Yvonne N. Robertson. Robertson, a licensed clinical social worker, had her license revoked for engaging in a prohibited 'dual relationship' with a client. The Chancery Court ruled that the Board's sanctions were an abuse of discretion and arbitrary, partly due to the Board's consideration of Robertson's 1982 felony forgery conviction. The Court of Appeals of Tennessee reversed the Chancery Court's decision, determining that the Board was authorized to review its prior records and that the imposed sanction was both warranted in law and justified in fact. Consequently, the Board's original order of revocation was reinstated.

Social Worker CertificationLicense RevocationDual RelationshipUnethical ConductAdministrative LawJudicial ReviewStandard of ReviewProfessional EthicsAppellate Court DecisionTennessee Law
References
26
Case No. MISSING
Regular Panel Decision
Sep 26, 2007

Kudinov v. Kel-Tech Construction Inc.

This case involves an appeal from an order that partially granted plaintiffs’ motion for class certification and denied the defendant's cross-motion for summary judgment. The court affirmed the lower court's decision, emphasizing that the burden of establishing class certification criteria rests with the party seeking it, and the class certification statute should be liberally construed. Despite inconsistencies in the class representative's testimony and variations in damages among different trades, the court found sufficient evidence for numerosity and commonality of claims. The decision reiterates that the inquiry into a claim's merit for class certification is limited and not a substitute for summary judgment or trial.

Class ActionClass CertificationSummary JudgmentAppellate ReviewJudicial DiscretionEvidentiary BasisNumerosityCommonalityWage DisputesUnderpayment
References
11
Case No. MISSING
Regular Panel Decision

Parker v. Time Warner Entertainment Co., L.P.

This Memorandum & Order addresses plaintiffs' objections to a Magistrate Judge's recommendations regarding class certification. Plaintiffs Andrew Parker and Eric De-Brauwere sued Time Warner Cable, alleging violations of the Cable Communications Policy Act of 1984 by disclosing subscriber information. District Judge Glasser adopted the Magistrate Judge's findings, denying class certification for monetary claims under Rule 23(b)(2) due to the predominance of monetary relief, and denying full certification under Rule 23(b)(3) because a class action was deemed not superior given the statutory provisions for individual remedies. The court also declined to exercise supplemental jurisdiction over the plaintiffs' state law claims. Ultimately, the plaintiffs' objections to the Magistrate Judge's Report & Recommendation were denied, and the recommendations were adopted.

Class ActionClass CertificationRule 23(b)(2)Rule 23(b)(3)Cable Communications Policy ActSubscriber PrivacyMonetary ReliefInjunctive ReliefEastern District of New YorkMagistrate Judge Recommendation
References
31
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