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

Case No. 03-12-00309-CV
Regular Panel Decision
Aug 08, 2013

Larry F. York// Texas Guaranteed Student Loan Corporation and Greg Abbott, Attorney General for the State of Texas v. Texas Guaranteed Student Loan Corporation And Greg Abbott, Attorney General for the State of Texas// Cross- Larry F. York

This case involves Larry F. York's challenge to an Attorney General's open-records ruling concerning the Texas Guaranteed Student Loan Corporation (TGSL). York sought disclosure of various TGSL records, including board meeting minutes, a Strategic Plan, President's Reports, EAS-related documents, and a VFA application. The district court ordered disclosure of the actual minutes and EAS records but allowed TGSL to withhold attachments, the Strategic Plan, President's Reports, and pricing information from the VFA application. The Court of Appeals largely sided with York, affirming the disclosure of minutes and EAS records and reversing to order disclosure of the Strategic Plan, President's Reports, and other minute attachments. However, it affirmed the withholding of VFA pricing information and the denial of attorney's fees to York.

Open Meetings ActPublic Information ActGovernment TransparencyStudent LoansGovernmental RecordsCompetitive HarmDeclaratory JudgmentAttorney's FeesStatutory ConstructionAppellate Review
References
62
Case No. MISSING
Regular Panel Decision

Texas State Board of Chiropractic Examiners v. Greg Abbott, Attorney General of the State of Texas

The Texas State Board of Chiropractic Examiners (the Board) sued the Attorney General seeking a declaration that certain chiropractic records were exempt from disclosure under the Texas Public Information Act (PIA). The records were part of the Board's investigation file concerning a complaint, which the Board considered confidential under Occupations Code section 201.206(a). The Attorney General's Open Records Division (ORD) initially opined that patient access provisions (sections 201.404 and 201.405) created an exception, requiring disclosure with proper consent. The trial court granted summary judgment for the Attorney General, mandating disclosure. On appeal, the court reversed, holding that the patient access provisions did not create an exception to the confidentiality afforded the Board's investigation files, thus the documents were exempt from mandatory disclosure.

Public Information ActConfidentialityChiropractic RecordsInvestigation FilesStatutory ConstructionSummary JudgmentPatient AccessGovernmental BodyAttorney General OpinionAppellate Review
References
48
Case No. 2022 NY Slip Op 03790
Regular Panel Decision
Jun 09, 2022

Matter of Hamling

Jerry Ray Hamling, an attorney admitted in New York in 2015, pleaded guilty in June 2020 to falsifying business records in the second degree, a class A misdemeanor. This conviction stemmed from his actions directing his payroll processing company, Affinity Human Resources, LLC, to treat one of a construction client's companies as separate, leading to knowing omissions in payroll records. The Attorney Grievance Committee for the Third Judicial Department moved to impose discipline, citing the conviction as a "serious crime." The Court concurred, finding the conviction, which included intent to defraud, qualified as a serious crime under Judiciary Law § 90 (4) (d). Weighing mitigating factors like a clean disciplinary record against aggravating factors such as illegal conduct despite substantial legal experience, the Court ordered a one-year suspension from the practice of law to safeguard the public and uphold professional integrity.

Attorney MisconductFalsifying Business RecordsSerious CrimeProfessional DisciplineSuspension of AttorneyPayroll FraudIntent to DefraudAppellate DivisionJudiciary Law 90Disciplinary Proceedings
References
5
Case No. 03-04-00744-CV
Regular Panel Decision
May 12, 2006

Greg Abbott, Attorney General of the State of Texas v. North East Independent School District and Dr. Richard A. Middleton, in His Official Capacity as Custodian of Public Records for North East Independent School District

This case addresses whether a memorandum from a school principal to a teacher, which outlines complaints and directs corrective actions, qualifies as a confidential "document evaluating the performance of a teacher" under Texas Education Code Ann. § 21.355. The Attorney General argued it was merely a reprimand and therefore not confidential, while the North East Independent School District (NEISD) contended it was an evaluation. The district court sided with NEISD, granting their motion for summary judgment. The Court of Appeals affirmed this decision, concluding that the memorandum's content, including the principal's judgment on performance issues, corrective directives, and provisions for further review, indeed constituted an evaluation, thereby making it confidential and exempt from public disclosure under the Texas Public Information Act.

Public Information ActTeacher Performance EvaluationConfidentialitySchool District RecordsSummary Judgment ReviewStatutory InterpretationGovernment TransparencyEducation CodeAppellate ReviewTexas Law
References
18
Case No. 03-23-00316-CV
Regular Panel Decision
Apr 16, 2025

City of Killeen, Texas and Ground Game Texas v. Bell County, Texas; The 27th Judicial District Attorney's Office; And the Bell County Attorney's Office

The City of Killeen, Texas, and Ground Game Texas appealed the trial court's denial of their pleas to the jurisdiction. The underlying lawsuit, filed by Bell County, the 27th Judicial District Attorney’s Office, and the Bell County Attorney’s Office, challenged the constitutionality and validity of a Killeen ordinance decriminalizing misdemeanor marijuana possession. Appellants argued that the appellees lacked standing and that governmental immunity barred the suit. The appellate court affirmed the trial court's order, concluding that the District Attorney’s Office had standing due to the ordinance's interference with its prosecutorial discretion and duties. It also found that governmental immunity was waived for challenges to an ordinance's validity and for concurrent claims for injunctive relief under the Uniform Declaratory Judgments Act.

Decriminalization OrdinanceMarijuana PossessionPlea to the JurisdictionGovernmental ImmunityStandingProsecutorial DiscretionUniform Declaratory Judgments ActTexas Local Government CodeTexas Health & Safety CodeTexas Code of Criminal Procedure
References
29
Case No. 13-10-00016-CV, 13-10-00023-CV, 13-10-00059-CV
Regular Panel Decision

Cascos v. Cameron County Attorney

This case consolidates three interlocutory appeals primarily involving a dispute between the Cameron County Commissioners Court and the Cameron County Attorney. Appellants, comprising county officials and attorneys, challenged trial court orders that granted a temporary restraining order and a temporary injunction against them, favoring the County Attorney, and denied their plea to the jurisdiction. The appellate court conditionally granted the appellants' petition for writ of mandamus, ensuring their right to supersede the temporary injunction during appeal. While dismissing an appeal regarding the temporary restraining orders as moot, the court ultimately dissolved the temporary injunction and reversed the trial court's judgment. The court concluded that the Commissioners Court possesses implied powers to manage county business and employ legal counsel, and the County Attorney does not hold an exclusive right to represent the county in all civil matters, thereby finding the trial court abused its discretion in issuing the injunction.

Interlocutory AppealMandamusTemporary InjunctionGovernmental Entity DisputeCounty Attorney DutiesCommissioners Court AuthorityDeclaratory JudgmentStatutory InterpretationRes JudicataMootness Doctrine
References
106
Case No. 03-11-00736-CV
Regular Panel Decision
Jan 16, 2013

Texas State Board of Chiropractic Examiners v. Greg Abbott, Attorney General of the State of Texas

The Texas State Board of Chiropractic Examiners appealed a summary judgment that mandated the disclosure of certain documents under the Texas Public Information Act. The Board had withheld information from an investigation file, citing confidentiality under the occupations code. The Attorney General argued for disclosure based on special patient access rights to medical and chiropractic records. The appellate court reversed the trial court's decision, ruling that the Board's investigation files are exempt from disclosure, as the confidentiality privilege serves to protect the integrity of the Board's regulatory process, outweighing individual access rights to personal records within those files.

Texas Public Information ActConfidentiality ExceptionInvestigation FilesMedical RecordsChiropractic RecordsStatutory ConstructionSummary JudgmentDe Novo ReviewGovernmental BodyAttorney General
References
13
Case No. 03-14-00801-CV
Regular Panel Decision
May 11, 2015

the University of Texas System and the University of Texas at Dallas v. Ken Paxton, Attorney General of Texas And Marilyn Cameron

The University of Texas System and The University of Texas at Dallas (Appellants) are appealing a trial court's decision that granted summary judgment to Ken Paxton, Attorney General of Texas, and intervenor Marilyn Cameron. The core issue revolves around an open records request for the names of human research subjects involved in a national security/terrorism study, which the University argued should remain confidential under Texas Government Code § 552.101 due to privacy concerns and academic freedom. The trial court's ruling mandated the disclosure of this information. Appellants contend that the Attorney General's motion for summary judgment lacked evidentiary support for negating confidentiality and that a more robust privacy analysis, encompassing the First Amendment right to academic freedom, is warranted. The case seeks a reversal of the summary judgment and a remand for a full trial on the merits with a broadened legal framework for privacy.

Academic FreedomConfidentiality of Research SubjectsPublic Information ActOpen Records RequestSummary JudgmentCommon-Law PrivacyConstitutional PrivacyHuman Research SubjectsFreedom of the PressFirst Amendment
References
21
Case No. 2018 NY Slip Op 03795 [161 AD3d 1478]
Regular Panel Decision
May 24, 2018

Matter of Attorneys In Violation of Judiciary Law § 468-a. (Ettelson)

Julie Ann Ettelson, now known as Julie A. Laczkowski, was suspended from practicing law in 2009 due to noncompliance with attorney registration requirements under Judiciary Law § 468-a. She filed a motion for reinstatement in April 2018, which was reviewed by the Attorney Grievance Committee. The Committee provided findings and deferred to the Court's discretion. The Appellate Division, Third Department, found that the respondent met all requirements for reinstatement, including completing the Multistate Professional Responsibility Examination, maintaining current registration, and demonstrating good character and fitness. The Court also determined that her reinstatement would serve the public interest. Consequently, the Court granted her motion and reinstated her as an attorney.

Attorney ReinstatementProfessional MisconductJudiciary LawAttorney Grievance CommitteeAppellate DivisionAttorney RegistrationDisciplinary ProceedingsLegal EthicsSuspension of AttorneyCharacter and Fitness
References
11
Case No. MISSING
Regular Panel Decision

Attorney General of the State v. Johnson

The Attorney General appealed a judgment awarding Johnson attorney's fees and court costs after a trial court found the Attorney General's fraud claim against Johnson, regarding worker's compensation benefits, to be frivolous. The Attorney General argued that article 8307, section 9a exempted his agency from liability under Chapter 105, that the trial court applied an incorrect legal standard, and that Johnson's motion for fees did not comply with section 105.003. The appellate court affirmed the trial court's judgment, ruling that Chapter 105 is applicable to the Attorney General, that the claim lacked arguable basis as Johnson's form did not inquire about other employment and continuous work during benefits was not wrongful, and that Johnson's motion was timely and procedurally compliant.

Attorney's FeesFrivolous ClaimsWorker's Compensation FraudAppellate ReviewAbuse of DiscretionStatutory InterpretationFraudulent ConcealmentTrial Court Judgment AffirmedLitigation ExpensesState Agency Liability
References
5
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