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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

O'ROURKE v. Smithsonian Institution Press

Kevin O'Rourke filed a copyright infringement action against the Smithsonian Institution Press and The Smithsonian Institution, alleging they infringed his book "Currier and Ives: The Irish in America" by publishing "Currier and Ives: America Imagined." The defendants moved to dismiss the complaint for lack of subject matter jurisdiction, asserting that 28 U.S.C. § 1498(b) grants exclusive jurisdiction over copyright claims against the United States to the Court of Federal Claims. O'Rourke contended that the defendants were independent entities not falling under "the United States" for the statute's purposes. The Court, however, found that "the United States" in Section 1498(b) should be interpreted broadly, encompassing the Smithsonian Institution and its press, referencing previous rulings where the Smithsonian was considered part of the federal government. Consequently, the Court concluded it lacked subject matter jurisdiction and granted the defendants' motion to dismiss, closing the case.

Copyright InfringementSubject Matter JurisdictionFederal Copyright ActCourt of Federal ClaimsSmithsonian InstitutionUnited StatesSovereign ImmunityMotion to Dismiss28 U.S.C. § 1498(b)Tucker Act
References
5
Case No. 03-01-00103-CV
Regular Panel Decision
Jul 24, 2003

HEB Ministries, Inc. Southern Bible Institute And Hispanic Bible Institute/Texas Higher Education Coordinating Board and Commissioner Don W. Brown v. Texas Higher Education Coordinating Board and Commissioner Don W. Brown/HEB Ministries, Inc.

HEB Ministries, Inc., operating Tyndale Theological Seminary, challenged the constitutionality of Texas Education Code provisions requiring private postsecondary institutions to obtain state certification or accreditation for granting degrees and using terms like "seminary." The Texas Higher Education Coordinating Board counterclaimed for injunctions and administrative penalties. The district court found the degree-granting regulation constitutional but the "seminary" term regulation unconstitutional. The Court of Appeals affirmed the constitutionality of the degree-granting regulation and upheld the $170,000 penalty. It reversed the district court's finding on the "seminary" term, declaring it constitutional, and reinstated a $3,000 penalty, remanding for a permanent injunction consistent with its opinion.

ConstitutionalityFirst AmendmentFree Exercise ClauseEstablishment ClauseFree Speech ClauseTexas Education CodeHigher Education RegulationDegree-Granting AuthorityAccreditation StandardsReligious Educational Institutions
References
43
Case No. 02-23-00220-CV
Regular Panel Decision
Apr 17, 2025

Bianco Brain and Spine, PLLC and Nikhil Kanti Patel, M.D. v. Larry Jones and Shelley Jones

This case concerns a medical malpractice claim brought by Larry and Shelley Jones against Bianco Brain and Spine, PLLC and Dr. Nikhil Kanti Patel. Mr. Jones suffered a cauda equina injury during spine surgery performed by Dr. Patel. The jury found Dr. Patel negligent, and his negligence proximately caused Mr. Jones's injury. On appeal, Dr. Patel challenged the legal and factual sufficiency of the evidence. The Court affirmed the judgment against Dr. Patel, finding sufficient evidence to support the jury's finding that Dr. Patel's intraoperative surgical technique (removing existing hardware before stabilizing the L3-L4 junction) breached the standard of care and caused the injury. Bianco Brain and Spine, PLLC was sued under a theory of respondeat superior. The Court reversed the judgment imposing liability on Bianco, holding that the Joneses waived their independent ground of recovery for respondeat superior by failing to submit a jury question on this claim, and the evidence of Dr. Patel's employment status was not conclusive.

Medical MalpracticeMedical NegligenceSpine SurgeryCauda Equina InjuryRespondeat SuperiorVicarious LiabilityLegal SufficiencyFactual SufficiencyExpert TestimonyProximate Cause
References
87
Case No. 2024 NY Slip Op 00599 [224 AD3d 428]
Regular Panel Decision
Feb 06, 2024

Matter of New Millennium Pain & Spine Medicine, P.C. v. Garrison Prop. & Cas. Ins. Co.

This case involves two appeals by New Millennium Pain & Spine Medicine, P.C. against Garrison Property & Casualty Insurance Company and GEICO Casualty Company. New Millennium sought to vacate master arbitration awards that denied its claims for no-fault benefits for medical services. The Supreme Court denied these applications. The Appellate Division, First Department, affirmed the Supreme Court's decisions, stating that an arbitrator's award will not be set aside unless it is irrational. The court also addressed the argument regarding a 20% wage offset in no-fault benefits, finding it unavailing under Insurance Law § 5102 (b). Ultimately, New Millennium was not entitled to attorneys' fees as it was not the prevailing party.

No-fault benefitsarbitration awardvacaturinsurance lawwage offsetappellate reviewmedical servicesno-fault policy exhaustionattorneys' feesCPLR Article 75
References
8
Case No. MISSING
Regular Panel Decision
May 31, 2002

Finnigan v. Rochester Institute of Technology

The plaintiff, an employee of RADEC Corporation, was injured at a building owned by Rochester Institute of Technology (RIT) and initiated an action alleging common-law negligence and Labor Law violations. Initially, a jury apportioned fault and awarded damages, but after reinstruction, RIT's fault was eliminated, leaving RADEC and the plaintiff responsible. Both parties moved for directed verdicts, with the court granting RIT's. On appeal, the higher court determined the lower court had erred in interpreting the jury's verdict concerning Labor Law § 241 (6) and Rule 23. Consequently, the appellate court denied RIT's motion for a directed verdict, granted RIT's alternative request for a new trial, and denied the plaintiff's motion, thereby granting a new trial on both liability and damages.

Labor LawNegligenceDirected VerdictNew TrialApportionment of FaultIndustrial CodeOwner LiabilityContractor LiabilityVicarious LiabilityJury Charge
References
5
Case No. MISSING
Regular Panel Decision

Seife v. National Institutes of Health

Plaintiff Charles Seife, acting pro se, filed a Freedom of Information Act (FOIA) lawsuit against the National Institutes of Health (NIH) to obtain records concerning "special governmental employees" (SGEs) who serve on NIH advisory panels. Seife specifically requested documents from the ethics files of 44 NIH SGEs related to managing conflicts of interest, including "recusal lists" and "waiver determinations." NIH produced partially redacted documents, withholding information based on FOIA Exemptions 3 and 6, which protect confidential financial disclosure reports and personal privacy. The court granted Seife's motion in part, ordering NIH to release unredacted waiver determinations concerning SGEs' financial interests and relationships, but allowed redaction of identifying information about spouses or dependent children, and upheld the withholding of recusal lists. The decision balanced the SGEs' privacy interests against the public's interest in government transparency and accountability regarding potential conflicts of interest.

FOIANational Institutes of HealthSpecial Governmental EmployeesConflict of InterestRecusal ListsWaiver DeterminationsEthics in Government ActFinancial DisclosurePrivacy InterestsGovernment Transparency
References
35
Case No. 01-02-01101-CV
Regular Panel Decision
Dec 07, 2006

N.N. v. Institute for Rehabilitation & Research

N.N., as next friend of her daughter A.B., sued The Institute for Rehabilitation and Research (TIRR) for damages stemming from A.B.'s sexual assault while hospitalized. A.B., who had a brain injury and was severely impaired, was sexually assaulted by another patient. The jury found TIRR negligent and awarded damages for past and future mental anguish. The trial court initially granted a JNOV on future damages and suggested remittitur for past damages, leading to a take-nothing judgment. On appeal, the Court of Appeals reversed the JNOV, finding sufficient legal and factual evidence to support the $625,000 award for future mental anguish. The court also rejected TIRR's constitutional challenges to the appellate rules and its factual sufficiency arguments regarding negligence. The case was remanded for judgment to reinstate the jury's verdict for future mental anguish damages.

Sexual AssaultMedical MalpracticeNegligenceBrain InjuryMental Anguish DamagesFuture DamagesJudgment N.O.V.Factual SufficiencyLegal SufficiencyConstitutional Challenge
References
44
Case No. 14-07-00887-CV
Regular Panel Decision
Jun 02, 2009

Tanya E. Dowell v. Theken Spine, L.L.C

Tanya E. Dowell appealed the trial court's grant of summary judgment in favor of Theken Spine, LLC, arguing lack of proper notice for the summary judgment motion and hearing. Dowell's motion for summary judgment was granted after her certified mail for the notice was returned "unclaimed." The appellate court affirmed the trial court's judgment, finding that Dowell failed to provide verified proof at the time of the summary judgment ruling to rebut the presumption of actual notice. The court also upheld the denial of Dowell's motion for new trial, stating that a complete record of the hearing on the motion was not presented by the appellant, thus precluding a finding of abuse of discretion by the trial court.

Summary JudgmentNoticeDue ProcessCertified MailUnclaimed MailPresumption of ReceiptMotion for New TrialAbuse of DiscretionAppellate ProcedureTexas Rules of Civil Procedure
References
21
Case No. 01-04-00797-CV
Regular Panel Decision
Jul 20, 2006

Marine Transport Corporation v. the Methodist Hospital, the Institute for Preventive Medicine/Methodist Healthcare Systems, the Methodist Hospital/Institute for Preventive Medicine Management, Inc. and Rashid Khan, M.D.

Marine Transport Corporation (Marine) appealed the dismissal of its claims against The Methodist Hospital and Dr. Rashid Khan. Marine's employee, Richard Guillory, a seaman, was certified fit for duty by the appellees despite medical issues and later died from an infection. Marine sought damages under the maritime doctrine of maintenance and cure, alleging negligence in the fitness-for-duty certification. The appellate court affirmed that while federal maritime law applied to Marine's claim, the underlying health care liability claims were governed by state law's former article 4590i, requiring expert reports. However, the trial court abused its discretion by denying Marine's motion for a 30-day extension to file these reports, as the attorney's failure was due to accident or mistake, not conscious indifference. Therefore, the judgment of dismissal was reversed, and the case was remanded for further proceedings.

Maritime LawMaintenance and CureHealth Care LiabilityMedical NegligenceExpert Report RequirementTexas Civil Practice and Remedies CodeAbuse of DiscretionAccident or MistakeSeaman InjuryFitness for Duty Certification
References
41
Case No. MISSING
Regular Panel Decision
Mar 28, 2000

Oil Heat Institute of Long Island Insurance Trust v. Gerber Life Insurance

Plaintiff Oil Heat Institute of Long Island Insurance Trust (OHI) sued Gerber Life Insurance Company (Gerber), Island Group Administration, Inc. (IGA), and RMTS Associates, alleging Gerber refused to reimburse stop-loss claims and issue a letter of certification to a lender. OHI had established a self-insurance program, and Gerber issued an aggregate stop-loss (ASL) policy. OHI commenced the action on the day the ASL policy expired, before the attachment point for reimbursement could be calculated and before submitting proper documentation. The Supreme Court denied Gerber's motion for summary judgment. The Appellate Division reversed, finding that OHI failed to demonstrate compliance with the ASL policy's reimbursement terms, lacked material facts to support its claims, and initiated the action prematurely. Both causes of action were dismissed against Gerber.

Insurance LawSummary JudgmentAggregate Stop-Loss PolicyContract DisputeReimbursementPolicy TermsAppellate ReviewGood FaithDocumentation RequirementsAgency
References
3
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