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

Case No. 2008 NY Slip Op 31457(U)
Regular Panel Decision
May 30, 2008

Parente v. 277 Park Avenue LLC

Plaintiff Dennis Párente, an operating engineer, sustained injuries after falling from a ladder while investigating a malfunctioning booster fan in an office leased by defendant Chase. The original Supreme Court ruling denied Párente's partial summary judgment motion under Labor Law § 240 (1) and dismissed the complaint. This Appellate Division order modified that decision, finding that Párente's activity constituted repair, not routine maintenance, thus making Labor Law § 240 (1) applicable and imposing absolute liability. Consequently, Párente's motion for summary judgment on this claim was granted, and the defendants' cross-motion for dismissal was denied. Other claims under Labor Law §§ 241 (6), 200, and common-law negligence were properly dismissed, and triable issues of fact remain concerning a third-party indemnification action.

Ladder FallBooster Fan RepairLabor Law § 240(1)Absolute LiabilitySummary Judgment MotionWorkplace SafetyWorker InjuryEmergency RepairThird-Party ActionIndemnification Claim
References
6
Case No. MISSING
Regular Panel Decision
Jun 27, 2006

In re Kadiatou B.

This case concerns an appeal of an order from the Family Court, Bronx County, which dismissed a derivative neglect petition against respondent parents. The petition was based on a prior finding of child abuse in 2002, stemming from the 1999 death of their three-month-old baby, Kadiatou, due to blunt impact to the head and multiple skull fractures. The Appellate Division affirmed the dismissal, finding that the prior abuse finding was inconclusive regarding the parents' direct role and was sufficiently remote in time. Furthermore, the court noted significant positive changes in the parents' behavior, their successful completion of parenting skills courses, individual psychotherapy, and continued engagement with family services. The Administration for Children's Services (ACS) failed to present specific evidence linking Kadiatou's injuries to intentional parental conduct or demonstrating a continued faulty understanding of parental duties.

Child NeglectChild AbuseDerivative NeglectParental DutiesChange in CircumstancesRes Ipsa LoquiturMedical Examiner FindingsHomicideSkull FracturesFamily Court Act
References
6
Case No. MISSING
Regular Panel Decision

Williams v. Hevi-Duty Electric Co.

The plaintiff, Williams, sued Hevi-Duty Electric Company and other state defendants for racial discrimination and retaliatory failure to hire under Title VII, § 1981, and § 1983. The court found that Hevi-Duty discriminated against Williams by manipulating its one-year application retention policy and through word-of-mouth recruitment, effectively excluding him due to his race and prior EEOC charge. The court entered judgment for Williams against Hevi-Duty, ordering hiring, back-pay, and attorney fees, and permanently enjoining further discrimination. Claims against the state defendants were dismissed due to sovereign immunity or lack of discriminatory conduct.

Employment DiscriminationRacial DiscriminationRetaliation (Employment)Title VIICivil Rights Act of 1964Civil Rights Act of 1866Disparate TreatmentHiring PracticesApplication PolicyWord-of-Mouth Recruitment
References
21
Case No. 03-22-00126-CV
Regular Panel Decision
Mar 29, 2024

Greg Abbott in His Official Capacity as Governor of the State of Texas, Stephanie Muth in Her Official Capacity of Commissioner of the Department of Family and Protective Services, and the Texas Department of Family and Protective Services v. Jane Doe, Individually and as Parent and Next Friend of Mary Doe, a Minor John Doe, Individually and as Parent and Next Friend of Mary Doe, a Minor And Dr. Megan Mooney

This case involves an appeal concerning a temporary injunction against the State of Texas for issuing a directive that classifies gender-affirming medical care for minors as child abuse. Appellees, including parents of a transgender adolescent and a psychologist, sued to enjoin the State from initiating child abuse investigations based on this directive. The trial court denied the State's plea to the jurisdiction and granted a temporary injunction. The Court of Appeals affirmed the denial of jurisdiction and the injunction against the Department of Family and Protective Services and its Commissioner, concluding that the directive constituted an invalid rule under the APA and caused irreparable harm. However, it reversed the denial of jurisdiction and dismissed claims against the Governor, stating he lacked authority to control investigatory decisions.

Gender-affirming careChild abuse policyTemporary injunctionAdministrative Procedure ActUltra viresParental rightsEqual protectionDue processState government authorityJudicial review
References
62
Case No. MISSING
Regular Panel Decision
Oct 31, 1996

In re Josephine O.

This case involves an appeal from an order of the Family Court of Greene County, which granted the petitioner's application to declare the respondent's children permanently neglected and terminated her parental rights. The Greene County Department of Social Services (DSS) initiated the original neglect proceeding after finding the children left unsupervised in an unsanitary home with no edible food. Despite diligent efforts by DSS to reunite the family, including providing parenting classes, a parent aide, and substance abuse treatment recommendations, the respondent failed to cooperate, missing numerous appointments and failing to address her issues. The appellate court affirmed the Family Court's decision, concluding that DSS fulfilled its statutory duty and that the respondent failed to plan for her children's future, thereby supporting the termination of her parental rights.

Parental RightsPermanent NeglectDiligent EffortsFamily ReunificationSubstance AbuseParenting SkillsChild WelfareGreene CountyAppellate DecisionSocial Services Law
References
4
Case No. MISSING
Regular Panel Decision

In re the Guardianship of Alexander

This case concerns a petitioner agency's appeal against a Family Court decision that dismissed its petition to terminate the parental rights of Nicole, the mother of Milton, due to alleged permanent neglect. The appellate court reversed the Family Court's finding that the agency failed to make diligent efforts to strengthen the parent-child relationship. The court found that despite the agency's consistent attempts to facilitate visitation, planning, and offer assistance with housing and financial aid, the mother remained uncooperative and indifferent. Citing established legal precedents, the appellate court affirmed that an agency's duty is to exert diligent efforts, not to guarantee parental success. The case was remanded to the Family Court for a dispositional hearing to determine the child's future.

Parental Rights TerminationPermanent NeglectDiligent EffortsChild Welfare AgencyUncooperative ParentFamily Court ProcedureAppellate ReversalRemand for HearingSocial Services Law § 384-bChild Adoption
References
4
Case No. M2022-01719-COA-R3-CV
Regular Panel Decision
Apr 18, 2024

Parents' Choice Tennessee v. Jason Golden, in his Official Capacity as Superintendent of Williamson County Schools

This appeal arose from a lawsuit brought by parents and an education-focused parents’ rights organization against the Williamson County Board of Education. They challenged the Board's Wit & Wisdom curriculum, asserting it violated Tennessee laws restricting Common Core instructional materials and prohibiting certain concepts in public schools. The trial court dismissed the suit, citing the plaintiffs' lack of standing and failure to exhaust administrative remedies for one claim. On appeal, the Court of Appeals affirmed the dismissal of claims by a family who had left the school system and upheld the dismissal of the prohibited concepts claim for failure to exhaust administrative remedies. However, the appellate court reversed the trial court's finding of lack of standing for other plaintiff families and the parents' rights organization, and it also reversed the dismissal of the Common Core claim, remanding that part of the case for further proceedings.

Education LawSchool CurriculumCommon Core StandardsProhibited ConceptsStanding LawAdministrative Remedies ExhaustionJudicial ReviewDeclaratory ReliefInjunctive ReliefTennessee Court of Appeals
References
60
Case No. MISSING
Regular Panel Decision

John Doe 1 v. Scott

Parents filed a lawsuit seeking damages for injuries sustained by their children at the West Point Child Development Center, alleging physical abuse and sexual molestation due to the defendants' negligent operation of the facility. The defendants, including the United States of America and high-ranking officials, moved to dismiss the complaint, citing the Federal Tort Claims Act's intentional torts exception (28 U.S.C. § 2680(h)). The court denied the motion, ruling that the government had an independent duty to protect the infant plaintiffs by virtue of their enrollment in the government-run day care program. The decision distinguished the case from others where no such pre-existing duty was established, asserting that the claim arose from the government's breach of its affirmative duty rather than solely from the intentional torts committed by employees or strangers. The court also certified the order for interlocutory appeal.

Child AbuseSexual MolestationGovernment NegligenceFederal Tort Claims ActIntentional Torts ExceptionIndependent DutyDay Care Center LiabilitySovereign ImmunityMotion to DismissParental Rights
References
9
Case No. MISSING
Regular Panel Decision
Dec 03, 1990

In re Mary S.

This is an appeal from an order terminating a father's parental rights to his daughter, Mary S., on the grounds of permanent neglect. The Family Court found the father failed to make diligent efforts to reunite with Mary, citing non-compliance with court-ordered therapy and housing requirements, despite maintaining contact and visitation. Mary S. had a history of neglect, initially placed in foster care in 1986, and was later found to be mildly retarded, eventually bonding with the foster parents who adopted her brother. The appellate court affirmed the Family Court's decision, rejecting claims of an unfair hearing and improper testimony, emphasizing that the Department of Social Services fulfilled its duty and termination was in Mary's best interest. The decision allowed Mary S. to be freed for adoption by her foster parents.

Permanent NeglectParental Rights TerminationChild NeglectFoster CareAdoptionFamily LawSocial ServicesAppellate DecisionChild WelfareDiligent Efforts
References
4
Case No. MISSING
Regular Panel Decision

In re Leon RR

This dissenting opinion addresses a case concerning the permanent termination of parental rights for an infant, Leon, Jr., who had been in the physical custody of foster parents since 19 months of age. The dissent argues that the St. Lawrence County Department of Social Services consistently undermined the natural parental relationship, encouraging the foster parents and failing to make diligent efforts to assist the natural parents in maintaining their connection with the child. It criticizes the agency for not carrying out a plan for reintegration and for encouraging the infant's attachment to the foster parents while limiting natural parental visitation. The opinion asserts that the record is inadequate to support the termination of parental rights, highlighting that the natural parents had previously had their other children returned to them and had cooperated with caseworkers. The dissent concludes that the administrative agency's conduct amounted to an abuse of the temporary placement system and votes to reverse the order, seeking dismissal of the petition for permanent termination of parental rights and remittal for consideration of continued custody.

Parental Rights TerminationChild Custody DisputeFoster Care SystemChild WelfareFamily LawBest Interests of the ChildJudicial DissentDepartment of Social ServicesFamily Court ActParent-Child Relationship
References
6
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