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

Case No. No. 28
Regular Panel Decision
Apr 21, 2022

The Matter of Mental Hygiene Legal Service v. Kerry Delaney

This case involves an appeal by Mental Hygiene Legal Service on behalf of a 16-year-old child with developmental disabilities who was confined to an emergency room for several weeks due to a lack of suitable residential placement or in-home services. Petitioner sought the child's immediate discharge and a declaration that the state's failure to provide community habilitation and respite services was arbitrary and violated her statutory rights under CPLR articles 70 and 78, and the Americans with Disabilities Act. The lower courts dismissed the petition, finding the matter moot but applying the exception. The Court of Appeals ultimately dismissed the appeal on grounds of mootness, citing intervening material alterations to service programs, specifically the Crisis Services for Individuals with Intellectual and/or Developmental Disabilities (CSIDD) program. A dissenting opinion argued for the application of the mootness exception and the viability of petitioner's claims under state and federal law.

Developmental DisabilitiesMedicaid ServicesEmergency Room ConfinementMootness ExceptionIntegration MandateMental Hygiene LawAmericans with Disabilities ActCrisis ServicesResidential PlacementNew York Court of Appeals
References
33
Case No. MISSING
Regular Panel Decision

Mental Hygiene Legal Service v. Maul

The Mental Hygiene Legal Service (MHLS), represented by its director Bruce Dix, petitioned the court to compel Thomas Maul, Commissioner of OMRDD, and Joseph Colarusso, Director of Sunmount DDSO, to provide access to investigative files regarding an incident involving resident Lynnette T. MHLS argued its statutory mandate under Mental Hygiene Law § 47.03 required access to safeguard residents from abuse. Respondents contended the records were protected from disclosure under Education Law § 6527 (3) and Mental Hygiene Law § 29.29, which prioritize confidentiality for quality assurance and incident investigations. The court, however, distinguished between CPLR Article 31 discovery and MHLS's specific statutory right of access. The court ruled that the statutes cited by the respondents did not prohibit disclosure to MHLS, granting MHLS access to the requested investigative reports and underlying documentation, with the stipulation that MHLS maintain their confidentiality.

Mental Hygiene LawAccess to RecordsCPLR Article 78Investigative FilesPatient RightsConfidentialityAbuse and MistreatmentState FacilitiesOMRDDSunmount DDSO
References
1
Case No. MISSING
Regular Panel Decision

Mirkin & Gordon, P. C. v. Suffolk County-Local 852 Civil Service Employees Ass'n Legal Services Fund

This case involves an appeal by the Legal Services Fund (defendant) from an order denying its motion to dismiss a breach of contract complaint filed by a law firm (plaintiff). The plaintiff law firm sued the Legal Services Fund for breach of retainer agreements and non-payment for services. The defendant sought dismissal based on res judicata, arguing that a prior federal lawsuit, which was dismissed on the merits, barred the state action. The federal action, filed by the plaintiff law firm against county legislators and welfare fund trustees, alleged a conspiracy to violate constitutional rights under 42 USC § 1983 by terminating their retainer. The Supreme Court, Nassau County, denied the dismissal motion. This appellate decision affirms that denial, concluding that res judicata does not apply because the parties and claims in the federal and state actions were not identical, and the federal court lacked jurisdiction over the contract claims against the Legal Services Fund.

Breach of ContractRes JudicataClaim PreclusionFederal Court JurisdictionState Court ActionDismissalAppellate ReviewCivil Rights (42 USC § 1983)Legal ServicesLaw Firm Retainer
References
8
Case No. 15-25-00013-CV
Regular Panel Decision
May 07, 2025

State of Texas, the Texas Facilities Commission, the Texas Health and Human Services Commission, Mike Novak, in His Official Capacity as Executive Director of the TFC, and Rolland Niles, in His Official Capacity as Deputy Executive Commissioner for the System Support Services Division of the Texas Health and Human Services Commission v. Broadmoor Austin Associates, a Texas Joint Venture

Broadmoor Austin Associates leased office space to the Texas government, specifically the Texas Health and Human Services Commission (HHSC), through the Texas Facilities Commission (TFC). Rent has been unpaid for nearly two years due to alleged misconduct by state officials. Broadmoor asserts that sovereign immunity does not bar its claims for breach of contract, citing Chapter 114's express waiver for contracts involving construction and related services. Additionally, Broadmoor brings ultra vires claims against TFC Executive Director Mike Novak and HHSC Deputy Executive Commissioner Roland Niles, alleging their actions were beyond legal authority or a failure to perform ministerial duties. Broadmoor seeks prospective injunctive and declaratory relief to ensure these officials comply with state law, specifically regarding the availability of appropriated funds for the lease.

Sovereign ImmunityBreach of ContractUltra Vires DoctrineState AgenciesGovernment ContractsLease AgreementsLegislative AppropriationsExecutive AuthorityJudicial ReviewTexas Facilities Commission
References
69
Case No. 13-10-00498-CV
Regular Panel Decision
Oct 11, 2012

Service Corporation International and Sci Texas Funeral Services, Inc. v. Leticia Leal

This case involved an appeal from a trial court judgment that found Service Corporation International and SCI Texas Funeral Services, Inc. liable for fraud concerning burial plots. The appellees, families of Rodolfo Garza and Charles Rogers, alleged fraud and sought damages for mental anguish. The jury found fraud but also found that most appellees had not filed within the four-year statute of limitations, a finding the trial court disregarded. On appeal, the Thirteenth District Court of Texas reversed and rendered judgment in favor of the appellants, concluding that all claims except Leticia Leal's were barred by limitations and that there was legally insufficient evidence for mental anguish damages for most appellees. Consequently, the awards for actual and exemplary damages were also reversed.

Fraudulent ConcealmentDiscovery RuleStatute of LimitationsMental Anguish DamagesExemplary DamagesBurial DisputesCemetery PracticesCorporate LiabilityTexas Civil Practice and Remedies CodeAppellate Procedure
References
25
Case No. 3-91-200-CV
Regular Panel Decision
Aug 12, 1992

McCelvey Jones v. Barry Couch, Anco Insurance Services of Texas, Inc., Anco Insurance Services of Bryan/College Station, Inc., Anco Insurance Services of Houston, Inc. & Anco Insurance Managers, Inc.

McCelvey Jones sued Barry Couch and Anco Insurance Services of Texas, et al., for tortious interference with a contract and a business relationship related to Jones's role as agent of record for King's Daughters Hospital and underwriter Myron F. Steves and Company. The district court granted summary judgment for the appellees. The Court of Appeals reversed, finding genuine issues of material fact regarding Couch's alleged tortious interference with a business relationship. Specifically, there was conflicting evidence about Couch's role and influence as a Board of Trustees member and chairman of an insurance committee, and whether his actions constituted 'malice' in the legal sense, defined as wrongful conduct without justification. The court highlighted a fact question regarding whether Couch violated the Hospital's by-laws by acting in a matter where he had a financial interest. The case is remanded for further proceedings.

Tortious InterferenceSummary JudgmentBusiness RelationshipContract InterferenceMaliceAgencyInsuranceTexas Court of AppealsFactual DisputeRemand
References
9
Case No. 03-16-00358-CV
Regular Panel Decision
May 23, 2016

Patricia Mosley// Texas Health and Human Services Commission and Texas Department of Family and Protective Services v. Texas Health and Human Services Commission and Texas Department of Family and Protective Services// Cross-Appellee, Patricia Mosley

Patricia Mosley is appealing a trial court's decision that affirmed the Texas Health and Human Services Commission's (HHSC) order to place her on the Employee Misconduct Registry (EMR). This placement stems from an incident where AW, a disabled individual under Mosley's one-to-one supervision, swallowed batteries. Mosley argues that her actions did not constitute neglect, asserting that maintaining constant arm's-length supervision for nearly seven hours alone was impossible, AW's secretive self-harming behavior was unforeseeable given the absence of warning signs, and she lacked adequate training for AW's specific needs. The core legal arguments revolve around the definition of 'neglect' as a negligent act requiring foreseeability and the proper application of a negligence standard versus a strict liability standard.

Employee Misconduct RegistryNegligenceForeseeabilityDirect Care ServicesDisabled IndividualsHealth and Human ServicesAppellate ReviewAdministrative LawSubstantial Evidence RuleSupervision Requirements
References
36
Case No. 03-10-00709-CV
Regular Panel Decision
Aug 31, 2011

Green Tree Servicing, LLC, as Authorized Servicing Agent for Conseco Finance Servicing Corporation v. Travis County

Green Tree Servicing, LLC appealed a post-answer default judgment concerning ad valorem taxes on mobile homes. The original suit was filed by Travis County and other entities against Conseco Finance Servicing Corporation, later substituted with Green Tree. Green Tree failed to appear at trial, resulting in a default judgment. Green Tree filed a motion for new trial, asserting its failure to appear was due to an accident or mistake (attorney transition) and that it had a meritorious defense, arguing that as a repossessing lienholder and not an owner, it was not liable for the taxes under Texas Tax Code Ann. § 32.07. The appellate court applied the Craddock test and found that Green Tree satisfied all three elements. The court adopted the interpretation that a repossessing lienholder is not considered an 'owner' under the tax code. Consequently, the appellate court reversed the trial court's judgment and remanded the case for a new trial.

Post-answer default judgmentAd valorem taxesMobile homesLienholder liabilityProperty ownershipMeritorious defenseCraddock testNew trialStatutory interpretationTexas Tax Code
References
22
Case No. MISSING
Regular Panel Decision

Volt Technical Services Corp. v. Immigration & Naturalization Service

Plaintiff Volt Technical Services Corp. applied for H-2 visas for nuclear start-up technicians, which the Immigration and Naturalization Service (INS) denied, asserting the need was permanent, not temporary. After the denial was affirmed on appeal, Volt filed suit, alleging the INS's decision was arbitrary and capricious. The court upheld the INS's interpretation of the Immigration and Nationality Act § 101(a)(15)(H)(ii), which requires the employer's need for services to be temporary, not just the individual assignments. Finding that Volt demonstrated a recurring need for such technicians over several years, the court granted the INS's motion for judgment on the pleadings and denied Volt's.

Immigration LawH-2 visasNonimmigrant WorkersTemporary EmploymentImmigration and Nationality ActAdministrative Procedures ActDeclaratory Judgment ActAgency InterpretationJudicial ReviewNuclear Industry
References
5
Case No. MISSING
Regular Panel Decision

Washington Legal Foundation v. Texas Equal Access to Justice Foundation

The Washington Legal Foundation, along with a Texas attorney and a legal services consumer, challenged the mandatory Texas Interest on Lawyers’ Trust Accounts (IOLTA) Program, alleging violations of their First and Fifth Amendment rights. They claimed the program constituted a taking of property without just compensation and compelled financial support for objectionable organizations. The Defendants, including the Texas Equal Access to Justice Foundation and Supreme Court Justices, sought summary judgment, arguing the IOLTA program did not infringe on constitutional rights and served a legitimate state interest in providing legal services to the indigent. The Court granted summary judgment in favor of the Defendants, concluding that no cognizable property interest in the IOLTA-generated interest existed and no First Amendment violations occurred. Consequently, all plaintiffs' claims were dismissed with prejudice.

Fifth AmendmentFirst AmendmentIOLTA ProgramTaking ClauseFreedom of SpeechFreedom of AssociationSummary JudgmentTexasState BarLegal Services
References
51
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