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

Case No. W2007-02122-COA-R3-PT

Regular Panel Decision

Sep 24, 2008

In Re: A.N.F. (d/o/b 10/24/99), a Child Under Eighteen Years of Age

This case involves two consolidated appeals concerning post-divorce petitions to modify a parenting plan and establish paternity. The appellate court reviewed the trial court's decisions regarding custody and parentage for two minor children, A.N.F. and C.S.F. The trial court had dismissed the petition to establish Mr. S's parentage of A.N.F., terminated his parental rights, and affirmed Mr. F's legal paternity. It also denied Mrs. F's request for primary custody and restricted her visitation with the children due to false allegations of abuse against Mr. F and interference with his relationship with the children. The Court of Appeals affirmed the trial court's overall judgment, but modified Mrs. F's visitation to remove the supervision requirement and reinstated Christmas and Spring vacation visitation.

Child CustodyPaternity DisputeParental AlienationFalse Abuse AllegationsParenting Plan ModificationVoluntary Acknowledgment of PaternityTermination of Parental RightsBest Interest of ChildVisitation RightsAppellate Review

References

Case No. MISSING

Regular Panel Decision

Russo v. Hardy

The Monroe County Department of Social Services, as petitioner in a paternity case against 'X' concerning a child born to 'Y', filed a motion to quash a subpoena duces tecum. The subpoena sought records related to assistance given to 'Y' and her statements about the child's parentage. The Department argued confidentiality under Social Services Law and CPLR. The court, presided by Judge Joseph T. Pilato, denied the motion, ruling that such records are not uniformly confidential and that special circumstances exist, especially given the infant's rights and the necessity of all available evidence for a paternity determination. The court ordered disclosure of relevant records to the respondent, limited to conversations between the petitioner and the caseworker.

paternity casesubpoena duces tecumconfidentialitysocial services recordsspecial circumstancesfiliation proceedingdisclosureinfant's rightsFamily CourtCPLR

References

Case No. 14-08-00795-CV

Regular Panel Decision

Aug 03, 2010

Transcontinental Insurance Company, as Subrogee of the Estate of Reabon Jackson, Jr., Reabon Drusila Jackson (A Minor), Nettie Adams and Donald Robinson v. Briggs Equipment Trust and Genie Industries, Inc.

The Fourteenth Court of Appeals reviewed three summary judgments in a case involving wrongful-death and subrogation claims. Appellants Transcontinental Insurance Company and SelenEr Love sued Briggs Equipment Trust and Genie Industries, Inc. after a fatal industrial accident. The court affirmed the summary judgment against Love's claims due to procedural default. However, it reversed and remanded Transcontinental's claims, finding genuine issues of material fact regarding negligence, product defect, and causation by the defendants, as well as Briggs's liability as a nonmanufacturing seller. The court also clarified that the Texas Family Code's Uniform Parentage Act does not strictly govern paternity determinations in wrongful-death actions, relying on a 'clear and convincing evidence' standard for filial relationships. An unopposed motion to unseal paternity test results was granted.

Product LiabilityWrongful DeathWorkers' CompensationSubrogationSummary JudgmentNegligenceDesign DefectCausationPaternityGenetic Testing

References

Case No. MISSING

Regular Panel Decision

Apr 15, 2005

In Re CKG

This case before the Supreme Court of Tennessee addresses a novel question of legal maternity stemming from assisted reproduction. An unmarried couple, Dr. Charles K.G. (genetic father) and Ms. Cindy C. (gestational mother), used anonymously donated eggs fertilized by Charles's sperm, which Cindy carried to term, giving birth to triplets. After their relationship ended, Cindy filed a parentage action for custody and child support. Charles contested her parental standing due to a lack of genetic connection. The juvenile court and Court of Appeals found Cindy to be the legal mother, applying an "intent test." The Supreme Court affirmed Cindy's legal maternal status but vacated the "intent test" and estoppel findings. The Court established legal maternity based on a narrow set of factors: the pre-birth mutual intent for Cindy to be the legal mother and accept parental responsibilities; Cindy's gestation and birth of the children as her own; and the absence of a dispute with the genetic mother. The Court explicitly limited its holding to the specific facts, calling for legislative action on broad assisted reproduction policies. The judgments on custody, child support, and visitation were affirmed.

Parentage ActionAssisted ReproductionEgg DonationGestational CarrierLegal MaternityCustody DisputeChild SupportIntent TestGenetic TestConstitutional Rights

References

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In Re: A.N.F. (d/o/b 10/24/99), a Child Under Eighteen Years of Age

Russo v. Hardy

paternity casesubpoena duces tecumconfidentialitysocial services recordsspecial circumstancesfiliation proceedingdisclosureinfant's rightsFamily CourtCPLR

Transcontinental Insurance Company, as Subrogee of the Estate of Reabon Jackson, Jr., Reabon Drusila Jackson (A Minor), Nettie Adams and Donald Robinson v. Briggs Equipment Trust and Genie Industries, Inc.

Product LiabilityWrongful DeathWorkers' CompensationSubrogationSummary JudgmentNegligenceDesign DefectCausationPaternityGenetic Testing

In Re CKG

Parentage ActionAssisted ReproductionEgg DonationGestational CarrierLegal MaternityCustody DisputeChild SupportIntent TestGenetic TestConstitutional Rights