CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. MISSING
Regular Panel Decision

Reitman v. Sobol

The petitioner, a certified social worker, sought to restore his professional license after surrendering it in 1988 following a guilty plea to sodomy. His 1992 application for restoration was denied by the Board of Regents. Subsequently, the petitioner initiated a CPLR article 78 proceeding in this Court to challenge the denial. The Court determined it lacked original jurisdiction to review the denial of a professional license restoration application, citing that such proceedings must be commenced in Supreme Court without specific statutory authority for direct appellate review. Consequently, the petition was dismissed due to a lack of subject matter jurisdiction.

Professional MisconductLicense RestorationCPLR Article 78Subject Matter JurisdictionAppellate ReviewBoard of RegentsSocial WorkerDenial of ApplicationNew York LawProfessional Licensing
References
14
Case No. 03-10-00160-CV
Regular Panel Decision
Aug 31, 2010

William H. Kuntz, Jr., in His Official Capacity as Executive Director of the Texas Department of Licensing and Regulation Texas Department of Licensing and Regulation Texas Commission of Licensing and Regulation Frank S. Denton v. Reema Khan, D/B/A Salon Rupa - Shapes Brow Bar

This appeal concerns district court orders that partially denied a plea to the jurisdiction and granted a temporary injunction. The appellants, governmental defendants including the Texas Department of Licensing and Regulation and its executive director and members, faced claims from appellee Reema Khan, who operates eyebrow threading businesses. Khan was penalized for practicing cosmetology without a license and challenged this, arguing eyebrow threading is not within the statutory scope of cosmetology. The appellate court reversed the district court's denial of the plea to the jurisdiction for Khan's declaratory claims, dismissing them as redundant to her Administrative Procedures Act (APA) judicial review claim. However, the court affirmed the temporary injunction, finding no abuse of discretion given Khan's viable APA claim and probable right to recovery against the Department's regulation of eyebrow threading.

Cosmetology RegulationEyebrow ThreadingAdministrative Procedures ActDeclaratory Judgments ActPlea to JurisdictionTemporary InjunctionStatutory InterpretationProfessional LicensingGovernmental AuthorityUltra Vires Act
References
24
Case No. MISSING
Regular Panel Decision

Reitman v. Mills

Petitioner's license to practice as a certified social worker was revoked in 1988 after pleading guilty to sodomy in the second degree. Following probation, he sought restoration of his license, citing rehabilitation efforts. Despite a peer subcommittee's recommendation for restoration, the Committee on the Professions and the Board of Regents recommended denial, a decision upheld by the Commissioner of Education. Petitioner's CPLR article 78 proceeding challenging this denial was dismissed by the Supreme Court. On appeal, the judgment was affirmed, with the court finding no abuse of discretion given the gravity of the offense, the petitioner's admitted ongoing struggles with sexual attraction to adolescent males, and concerns regarding public safety, especially as he intended to operate a private practice from his home.

License RestorationProfessional MisconductSodomyFelony ConvictionRehabilitationPublic SafetyJudicial ReviewAdministrative DiscretionSocial WorkerAppellate Affirmation
References
5
Case No. 2024 NY Slip Op 06315 [233 AD3d 555]
Regular Panel Decision
Dec 17, 2024

Rodriguez v. Manhattan Restoration LLC

This case concerns an appeal where the plaintiff, Francisco Rodriguez, alleged negligent hiring, supervision, and retention against Manhattan Restoration LLC, a general contractor. Rodriguez was attacked by an employee of TMF Construction LLC, a subcontractor hired by Manhattan Restoration. The Supreme Court granted summary judgment dismissing the complaint against Manhattan Restoration. The Appellate Division, First Department, affirmed this decision, finding no vicarious liability as the assailant worked for the subcontractor, not Manhattan Restoration. The court also determined that Manhattan Restoration did not own the property, exercised only general supervisory authority, and lacked knowledge of the assailant's violent propensities. Furthermore, the argument regarding the absence of a safety manager was deemed speculative.

negligent hiringnegligent supervisionnegligent retentionvicarious liabilityrespondeat superiorconstruction projectsubcontractorgeneral contractorsummary judgmentduty to keep premises safe
References
5
Case No. 03-11-00057-CV
Regular Panel Decision
Jul 25, 2012

Ashish Patel, Anverali Satani, Nazira Momin, Tahereh Rokhti, Minaz Chamadia, and Vijay Lakshmi Yogi// Cross Texas Department of Licensing and Regulation William H. Kuntz, Jr., in His Official Capacity v. Texas Department of Licensing and Regulation William H. Kuntz, Jr., in His Official Capacity// Ashish Patel, Anverali Satani, Nazira Momin, Tahereh Rokhti, Minaz Chamadia, and Vijay Lakshmi Yogi

This case involves cross-appeals concerning the constitutionality of cosmetology statutes and administrative rules as they apply to eyebrow threading in Texas. The appellants, who operate eyebrow threading businesses, argued that these regulations infringe upon their constitutional right to economic liberty under article I, section 19 of the Texas Constitution. The district court granted summary judgment in favor of the Texas Department of Licensing and Regulation and its officials, denying the appellants' motion. The Court of Appeals, Third District, at Austin, affirmed the district court's judgment, finding that the challenged regulations are sufficiently rational and reasonable to meet constitutional due course requirements, falling within the state's police power for public health and safety concerns related to cosmetology services.

Eyebrow ThreadingCosmetology RegulationEconomic LibertyDue ProcessRational Basis ReviewPolice PowerSummary JudgmentTexas ConstitutionState AgenciesOccupational Licensing
References
61
Case No. MISSING
Regular Panel Decision

Ashish Patel, Anverali Satani, Nazira Momin, Minaz Chamadia, and Vijay Lakshmi Yogi v. Texas Department of Licensing and Regulation

Justice Boyd concurs with the judgment that a Texas statute requiring eyebrow threaders to obtain an esthetician's license is unconstitutional. However, he disagrees with the Court's adoption of a new 'unreasonably burdensome that it becomes oppressive' test for the Texas Constitution's 'due course of law' provision. Instead, he believes a law violates due course of law only if it is 'arbitrary and unreasonable, and therefore oppressive, because it has no rational relationship to a legitimate government interest.' He finds the esthetician's license requirement for eyebrow threaders to be arbitrary, unreasonable, and oppressive as it lacks a rational relationship to public health and safety, despite agreeing that sanitation training is rational. Boyd emphasizes that courts should not 'legislate from the bench' but must exercise their authority to interpret the Constitution when a law is clearly arbitrary and unreasonable. He concludes that imposing the existing esthetician licensing scheme on eyebrow threaders is not rationally related to the legitimate government interest in promoting public health and safety.

Constitutional LawDue Course of LawEconomic RegulationOccupational LicensingEsthetician LicenseEyebrow ThreadingRational Basis ReviewArbitrary and UnreasonableTexas ConstitutionSubstantive Due Process
References
7
Case No. 2014-05-0003
Regular Panel Decision
Dec 15, 2014

Jewell, Kevin v. Cobble Construction and Arcus Restoration

Kevin Jewell, an employee, filed for an expedited hearing seeking temporary disability and medical benefits after injuring his back while working for Cobble Construction, a subcontractor of Arcus Restoration. Cobble Construction denied the claim, asserting Jewell was an independent contractor and his injury was outside the scope of employment. The court found Jewell to be an employee and that his injury occurred within the scope of his work. Consequently, the court granted Jewell's request, ordering Arcus Restoration, as the principal contractor, to provide medical treatment and pay temporary total disability benefits.

Employee Status DeterminationIndependent Contractor vs. EmployeeScope of EmploymentBack Injury ClaimTemporary Total DisabilityMedical Benefits AwardSubcontractor LiabilityTennessee Workers' Compensation LawExpedited Hearing ProcedureLumbar Radiculopathy Diagnosis
References
5
Case No. 12-0657
Regular Panel Decision
Jun 26, 2015

Ashish Patel, Anverali Satani, Nazira Momin, Minaz Chamadia, and Vijay Lakshmi Yogi v. Texas Department of Licensing and Regulation

This dissenting opinion addresses a challenge by eyebrow threaders (petitioners) to Texas' cosmetology licensing scheme, which requires 750 hours of training for an esthetician license. The petitioners argue that these requirements are excessive and violate substantive due process, lacking a rational connection to public health and safety. Chief Justice Hecht's dissent argues against the majority's decision to strike down the regulation, contending that while the regulation might be 'injudicious' as policy, it is not unconstitutional. The dissent asserts that the regulation is rationally related to the state's legitimate interest in protecting public health and safety, citing potential health risks from hair removal and similar regulations in other states. It criticizes the majority for creating an 'oppressive' standard for substantive due process, departing from the established rational basis test and risking judicial overreach into legislative policy-making.

Economic LibertyDue ProcessSubstantive Due ProcessRational Basis TestCosmetology RegulationEyebrow ThreadingJudicial ActivismPolice PowerTexas ConstitutionOccupational Licensing
References
26
Case No. MISSING
Regular Panel Decision

McCollum v. Texas Department of Licensing & Regulation

Carolyn McCollum sued the Texas Department of Licensing and Regulation (Department) after being terminated from the Texas Cosmetology Commission (Commission), alleging race, age, disability discrimination, and retaliation, as well as a hostile work environment. She initially filed complaints with the EEOC and TWC. The trial court granted the Department's plea to the jurisdiction, asserting McCollum's federal claims were barred by sovereign immunity and state claims were untimely due to delayed filing and service. On appeal, McCollum abandoned her federal claims, focusing on her state law claims under the Texas Labor Code. The appellate court ruled that the 60-day period for filing and serving suit under Texas Labor Code § 21.254 is not a jurisdictional requirement, distinguishing it from other mandatory jurisdictional provisions. Consequently, the appellate court reversed the trial court's judgment and remanded the case for further proceedings, allowing McCollum's state claims to proceed.

Employment discriminationRetaliationHostile work environmentSovereign immunityPlea to the jurisdictionTexas Labor CodeTimely filingTimely serviceJurisdictional requirementsAppellate review
References
19
Case No. MISSING
Regular Panel Decision
Feb 10, 2000

Rylander v. Bandag Licensing Corp.

This case concerns an appeal by the Comptroller of Public Accounts and the Attorney General from a district court judgment that awarded Bandag Licensing Corporation (BLC) recovery of franchise taxes paid under protest for the years 1992-96, along with attorney's fees. BLC, an Iowa corporation, held a certificate of authority to do business in Texas but had no physical presence or conducted intrastate business in the state, operating solely through interstate commerce. The Comptroller's assessment of franchise taxes, based solely on BLC's certificate of authority, was challenged as a violation of the Commerce Clause and Due Process Clause of the United States Constitution, as well as the Texas Tax Code. The appellate court affirmed the trial court's judgment, concluding that BLC's mere possession of a certificate of authority did not establish a "substantial nexus" with Texas required by the Commerce Clause, nor did it satisfy the minimum contacts for the Due Process Clause. The court also upheld the award of attorney's fees to BLC, ruling that the amended Tax Code § 112.108, which prohibits such fees in declaratory judgment actions against the state, was unconstitutional as an unreasonable financial barrier to court access.

Franchise TaxCommerce ClauseDue Process ClauseSubstantial NexusPhysical PresenceDeclaratory JudgmentAttorney's FeesGovernmental ImmunityTaxation LawConstitutional Law
References
34
Showing 1-10 of 719 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational