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. 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

AGRIPINO v. State

Dolores Agripino was convicted of sixteen counts of Practicing Medicine Without a License and eleven counts of Aggravated Assault for injecting mineral oil into over twenty women, causing severe injuries. She appealed her convictions, citing insufficient evidence and an improper denial of her motion to quash the indictment. The appellate court affirmed her convictions, determining that the indictment provided sufficient notice and that charging compensation for the injections constituted practicing medicine without a license under Texas law. The court also found sufficient evidence of reckless conduct, given Agripino continued administering injections despite being aware of the adverse effects experienced by the victims.

Criminal LawPracticing Medicine Without a LicenseAggravated AssaultIllegal Cosmetic InjectionsReckless ConductSufficiency of EvidenceIndictment QuashalAppellate ReviewBodily InjuryFraudulent Medical Services
References
25
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. MISSING
Regular Panel Decision

Taylor v. Board of Regents of University

Petitioner, a licensed optometrist in New York since 1981, faced eight specifications of professional misconduct between 1980 and 1985 while employed by American Vision Center. Charges included negligence, gross negligence, practicing beyond authorized scope by administering Neosporin, and unprofessional conduct for delegating responsibilities to unlicensed staff and failing to wear a name tag. A Hearing Panel found petitioner guilty, recommending a license suspension and fine. The Regents Review Committee modified these findings, and the respondent further narrowed the period of charges. Petitioner challenged the determination, alleging denial of due process due to lack of specificity and delay. The Court rejected the due process claims, finding charges specific and no actual prejudice from delay. While the Court found substantial evidence for negligence, unauthorized practice, and unprofessional conduct, it annulled the finding of gross negligence. Despite this annulment, the Court upheld the original penalty, modifying the determination only to reflect the removal of the gross negligence finding, and otherwise confirming the decision.

Optometry license suspensionProfessional misconductUnlicensed practiceDelegation of professional responsibilitiesGross negligenceDue processAdministrative reviewCPLR Article 78Education LawRegents Review Committee
References
11
Case No. 08-05-00079-CR
Regular Panel Decision
Feb 15, 2007

Dolores Agripino v. State

Dolores Agripino appealed her convictions for Practicing Medicine Without a License (PMWL) and Aggravated Assault. Following a jury trial, she was found guilty of injecting mineral oil, falsely advertised as low-cost collagen, into over twenty women, primarily in their breasts and buttocks. Victims suffered severe pain, lumps, discoloration, and disfigurement, often requiring multiple surgeries. Agripino argued the evidence was legally and factually insufficient for her convictions and that the indictment was vague. The Court of Appeals affirmed her convictions, ruling that there was sufficient evidence that she charged money for services, that her actions constituted practicing medicine, and that she acted with conscious disregard of the risk of harm, thereby satisfying the recklessness element for aggravated assault.

Criminal LawPracticing Medicine Without LicenseAggravated AssaultIllegal InjectionsMineral Oil InjectionsCosmetic ProceduresJury TrialSufficiency of EvidenceIndictmentReckless Conduct
References
26
Case No. MISSING
Regular Panel Decision

Icahn School of Medicine at Mount Sinai v. Neurocrine Biosciences, Inc.

The plaintiff, Icahn School of Medicine at Mount Sinai, moved to strike several affirmative defenses and dismiss corresponding counterclaims brought by the defendant, Neurocrine Biosciences, Inc. The core dispute involves a patent license agreement and an alleged unlicensed sublicense by Neurocrine to AbbVie. The court granted Mt. Sinai's motion, striking Neurocrine's affirmative defenses for patent invalidity, non-infringement, and patent misuse. The decision emphasized that Neurocrine was estopped from challenging patent validity due to prior benefits from the license and clarified that Mt. Sinai's damages claim was for breach of contract, not future royalties. Consequently, Neurocrine's related declaratory judgment counterclaims were also dismissed.

Patent invalidityNon-infringementPatent misuseBreach of contractLicense agreementSublicenseDeclaratory judgmentMotion to strikeAffirmative defensesEstoppel
References
23
Case No. 3-15-00262-CV
Regular Panel Decision
Aug 10, 2015

Texas Association of Acupuncture and Oriental Medicine v. Texas Board of Chiropractic Examiners And Patricia Gilbert, Executive Director in Her Official Capacity

This is an Administrative Procedures Act challenge to the validity of Chiropractic Board rules that authorize chiropractors to engage in the unlicensed practice of acupuncture. The Association sought to invalidate these rules and alternatively sought a declaration that the statutory scheme allowing chiropractors to practice acupuncture is unconstitutional. The trial court granted the Chiropractic Board’s motion for summary judgment and denied the Association’s competing motion. The Association argues that the Chiropractic Board exceeded its statutory authority, and its interpretation of the Acupuncture Chapter is unreasonable and creates public health risks due to inadequate training. Alternatively, the statutory scheme violates the Texas Constitution by favoring one school of medicine and containing more than one subject. The Association also argues that the statute of limitations defense fails.

Administrative LawScope of PracticeChiropractic RegulationAcupuncture RegulationStatutory InterpretationConstitutional LawSeparation of PowersDelegation of AuthorityPublic Health and SafetyProfessional Licensing
References
97
Case No. M2017-00629-COA-R3-CV
Regular Panel Decision
Dec 19, 2017

Catherine J. Hollahan v. Tennessee Department of Health

Catherine J. Hollahan, an advanced practice nurse, appealed the Tennessee Board of Nursing's decision to revoke her licenses and assess civil penalties for violating the Nursing Practice Act and related regulations. The violations included practicing without filing a notice and formulary, consuming alcohol while on duty and exhibiting impaired behavior, engaging in a sexual relationship with a patient, unauthorized self-injection of testosterone, and providing incompetent patient care. Both the trial court and the Court of Appeals affirmed the Board's decision, finding substantial and material evidence supported the Board's findings of fact and conclusions of law. The appellate court upheld the revocation of her advanced practice nurse certificate and registered nurse license, as well as the imposed civil penalties. The judgment was affirmed, with a minor modification by the chancery court regarding the description of the patient relationship.

Nursing Practice ActProfessional MisconductLicense RevocationAdvanced Practice NurseAlcohol ImpairmentUnauthorized PrescriptionsPatient RelationshipsStandard of Care ViolationAdministrative LawJudicial Review
References
14
Case No. MISSING
Regular Panel Decision
Apr 07, 1986

Willer v. New York State Board of Regents

This CPLR article 78 proceeding challenged the Commissioner of Education's revocation of the petitioner's medical license. The case focused on the proper application of collateral estoppel, deriving from a prior Workers' Compensation Board (WCB) determination. Following a remittal to allow the petitioner to demonstrate a lack of a full and fair opportunity to litigate before the WCB, the court found the petitioner failed to meet this burden. Consequently, the court affirmed the proper invocation of collateral estoppel by the State Board for Professional Medical Conduct and confirmed the Commissioner's determination, dismissing the petition.

Collateral EstoppelMedical License RevocationProfessional MisconductCPLR Article 78Administrative LawWorkers' Compensation BoardDue ProcessJudicial ReviewState Board for Professional Medical ConductEducation Law
References
3
Case No. W2013-00673-COA-R3-CV
Regular Panel Decision
Jun 19, 2014

Practical Ventures, LLC d/b/a AAA Cash Fast v. James Neely, Commissioner of the Tennessee Department of Labor and Workforce Development, and Danyelle A. McCullough

This case involves an appeal from an administrative decision regarding unemployment benefits. Practical Ventures, LLC, the employer, appealed the decision by the Tennessee Department of Labor and Workforce Development, which found claimant Danyelle A. McCullough eligible for unemployment benefits based on "constructive discharge." The employer discovered financial irregularities in McCullough's store, suspended her, and requested her keys. McCullough claimed she was planning to quit anyway due to her daughter's illness. The Court of Appeals reversed the lower court's affirmance, holding that the doctrine of constructive discharge is inapplicable to unemployment compensation proceedings and that McCullough's actions amounted to a voluntary termination of employment without good cause, thus disqualifying her from benefits.

Unemployment BenefitsConstructive DischargeVoluntary TerminationFinancial MisconductEmployee SuspensionAdministrative DecisionJudicial ReviewAppellate CourtLabor LawWorkforce Development
References
25
Showing 1-10 of 5,838 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