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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. 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. 13-99-786-CV
Regular Panel Decision
Dec 14, 2000

Puga, Felipe and Rebeca Puga, Individually and as Next Friends and Parents of Ryan Puga v. City of Harligen, Homero Saldivar and Elodia Canas

Felipe Puga and Rebeca Puga, individually and as next friends and parents of Ryan Puga, appealed a summary judgment granted in favor of the City of Harlingen and Homero Saldivar. Ryan Puga was injured while performing community service under a minor delinquency program administered by the City. The defendants asserted that Puga's suit was barred by workers' compensation, arguing it was his exclusive remedy. The appellate court affirmed the trial court's summary judgment, finding that the defendants had established workers' compensation as Puga's sole remedy under Section 504.012 of the Labor Code, even with discrepancies regarding the specific Family Code section for his community service. The court concluded that Puga was covered by workers' compensation insurance, making it his exclusive form of recovery.

Workers' CompensationSummary JudgmentAffirmative DefenseCommunity ServiceMinor Delinquency ProgramTexas Labor CodeTexas Family CodeAppellate ReviewExclusive RemedyGovernmental Immunity
References
8
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

Matter of Angelo AA.

This appeal concerns a Family Court order that adjudicated two children, Angelo AA. and Ryan CC., as permanently neglected and terminated respondent's parental rights. The respondent mother appealed this decision, arguing that the petitioner agency failed to make diligent efforts toward reunification. The appellate court found that the petitioner did make diligent efforts, providing services for respondent's aggressive behavior, parenting skills, drug dependency, and domestic violence issues. Despite completing some programs, the respondent continued to struggle with substance abuse, maintaining healthy relationships, and consistent mental health counseling. Consequently, the appellate court affirmed the Family Court's order, concluding that the children were permanently neglected and parental rights were appropriately terminated, also upholding the preclusion of an expert witness.

Parental Rights TerminationPermanent NeglectDiligent EffortsFamily ReunificationSubstance AbuseDomestic ViolenceParenting SkillsMental Health CounselingExpert Witness PreclusionDue Process
References
8
Case No. MISSING
Regular Panel Decision

J.B. v. New York City Department of Education

Plaintiff J.B., on behalf of her child K.B., sued the New York City Department of Education (DOE) under the Individuals with Disabilities Education Improvement Act (IDEA) for failing to provide a Free Appropriate Public Education (FAPE) for the 2014-2015 school year. The Parent sought tuition reimbursement for K.B.'s private school placement at the Rebecca School. Both an Impartial Hearing Officer (IHO) and a State Review Officer (SRO) ruled against the Parent, affirming the adequacy of DOE's FAPE offer. The U.S. District Court, after reviewing the procedural and substantive adequacy of K.B.'s Individualized Education Program (IEP), denied the Parent's motion for summary judgment and granted the DOE's cross-motion. The Court concluded that the DOE's recommended IEP was reasonably calculated to provide K.B. with a FAPE.

IDEAFAPEIEPSpecial EducationDisability LawAutism Spectrum DisorderTuition ReimbursementSummary JudgmentDue Process ComplaintLeast Restrictive Environment
References
29
Case No. MISSING
Regular Panel Decision
Jul 11, 2003

In re Daquan D.

The case involves the affirmation of Family Court orders that terminated the parental rights of a respondent mother to her four children (Daquan D., Dominique H., Jamel C., and David H.) and committed their custody and guardianship to a petitioner for adoption. The court found permanent neglect, citing the child care agency's diligent efforts to support the parental relationship which were frustrated by the respondent's lack of cooperation, including her failure to sustain participation in programs and her prolonged incarceration. The record supported the finding that the agency made diligent efforts despite the respondent's non-cooperation. Furthermore, the disposition to free the children for adoption was deemed in their best interests, supported by a preponderance of the evidence. This decision was based on the respondent's extensive incarceration and continuous failure to assume parental responsibilities, ultimately offering the children a chance for a stable familial environment.

Termination of Parental RightsPermanent NeglectBest Interests of ChildFoster CareAdoptionParental CooperationDiligent EffortsIncarcerationFamily LawChild Welfare
References
3
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
Case No. MISSING
Regular Panel Decision
Feb 14, 1997

In re Sadie K.

The petitioner sought to terminate the respondent's parental rights due to permanent neglect of his three children, Sadie, Kenneth, and Christina. Family Court found that the respondent had sexually abused Christina and neglected Sadie and Kenneth, ordering his participation in various therapeutic programs, including a sex-offender program. Despite the petitioner's diligent efforts to reunite the family, the respondent failed to meaningfully participate, particularly by denying the sexual abuse, not engaging in the sex-offender program, and failing to maintain contact with his children. The Family Court terminated parental rights for Sadie and Kenneth (Christina had reached the age of majority). The Appellate Division affirmed the Family Court's decision, concluding that clear and convincing evidence supported the finding that the petitioner made diligent efforts and the respondent failed to plan for the children's future.

Permanent NeglectParental Rights TerminationSexual Abuse DenialChild Welfare AgencyFamily Court OrderAppellate AffirmationDiligent EffortsParent-Child ReunificationSex Offender ProgramParenting Skills
References
9
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
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