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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. 2018 NY Slip Op 02766 [160 AD3d 921]
Regular Panel Decision
Apr 25, 2018

Clarke v. First Student, Inc.

Ibia M. Clarke, an employee of First Student Management, LLC (FSM), sustained personal injuries due to a defective condition at FSM's premises. She subsequently filed a negligence action against First Student, Inc., the premises owner. The defendant sought summary judgment, arguing it was an alter ego of FSM, making workers' compensation her exclusive remedy under the Workers' Compensation Law. The Supreme Court, Nassau County, initially denied the defendant's motion. On appeal, the Appellate Division, Second Department, reversed the Supreme Court's order, finding that the defendant successfully demonstrated, prima facie, that it was an alter ego of the plaintiff's employer, FSM. Consequently, the defendant's motion for summary judgment dismissing the amended complaint was granted.

Personal InjuryNegligenceSummary JudgmentWorkers' Compensation LawExclusive RemedyAlter Ego DoctrineEmployer LiabilityPremises LiabilityAppellate ReviewCorporate Structure
References
9
Case No. MISSING
Regular Panel Decision

O'Neil v. Roman Catholic Diocese

A student worker at St. Ephrem’s Church (the plaintiff) experienced sexual harassment from a visiting priest. After a particularly egregious incident, she informed other parish priests who promptly referred her to law enforcement. The plaintiff subsequently sued the Roman Catholic Diocese of Brooklyn and St. Ephrem’s Church for sexual harassment, negligence, negligent hiring, and negligent supervision, arguing they should have known of the priest's propensity. The Supreme Court, Kings County, granted summary judgment to the Diocese defendants, dismissing the plaintiff's claims, finding they lacked actual or constructive knowledge. The appellate court affirmed this decision, concluding that the defendants met their burden in demonstrating no prior knowledge of the visiting priest's conduct and acted diligently once informed.

Sexual HarassmentHostile Work EnvironmentNegligenceNegligent HiringNegligent SupervisionSummary JudgmentEmployer LiabilityConstructive KnowledgeDiscriminationNew York City Human Rights Law
References
8
Case No. M2000-02573-COA-R3-CV
Regular Panel Decision
Dec 28, 2001

Richard Wilson v. University of Tennessee at Chattanooga

Dr. Richard Wilson, a tenured professor at the University of Tennessee at Chattanooga (UTC), appealed his dismissal for alleged sexual harassment and persistent policy violations. The Chancery Court had affirmed an Administrative Judge's decision to terminate his employment. The Court of Appeals reversed, concluding that Dr. Wilson's conduct toward a student, Ms. Oo, was not sufficiently severe or pervasive to meet Title VII's sexual harassment standard. Furthermore, the court found that UTC's sexual harassment policy, which referenced Title VII, did not adequately inform Dr. Wilson that his actions would constitute a violation, nor did prior warnings about inviting students home suffice as policy violations. The appellate court deemed the Administrative Judge's decision arbitrary, remanding the case for further proceedings.

Sexual Harassment PolicyFaculty TerminationAcademic FreedomTenured EmploymentUniversity DisciplineDue Process RightsAppellate Standards of ReviewHostile EnvironmentTitle VII LiabilityTitle IX Compliance
References
12
Case No. MISSING
Regular Panel Decision

York v. Texas Guaranteed Student Loan Corp.

The Texas Guaranteed Student Loan Corporation (TGSL) appealed a district court's ruling regarding public access to its records under the Texas Open Meetings Act (OMA) and Public Information Act (PIA). Larry F. York, the original requestor, intervened, and the Attorney General also appealed. The appellate court largely ruled that PIA exceptions for competitive harm do not override OMA's requirement to disclose open meeting minutes and their attachments, reversing parts of the lower court's decision. However, the court affirmed that specific pricing information in a federal application could be withheld. The court also denied attorney's fees to York, an attorney acting pro se, stating he could not 'incur' such fees under the PIA.

Open Meetings ActPublic Information ActGovernmental TransparencyPublic RecordsDeclaratory JudgmentSummary JudgmentAppellate ReviewStatutory ConstructionAttorney's FeesCompetitive Harm
References
46
Case No. MISSING
Regular Panel Decision

Peck v. HUDSON CITY SCHOOL DIST., HUDSON, NY

The Court addressed defendant Hudson City School District's (HCSD) motion in limine regarding various evidentiary matters in a sexual harassment case brought by an employee against HCSD and a maintenance worker, John Walsh. The plaintiff alleged hostile work environment and quid pro quo harassment under Title VII. The Court denied HCSD's motions to exclude evidence of harassment prior to December 1, 1995, evidence of another employee's harassment, evidence related to Walsh's meeting with a student, and evidence concerning Walsh's resignation. The Court granted HCSD's motions to preclude the plaintiff from testifying about certain employee statements (unless within scope of authority) and to prevent introduction of evidence regarding HCSD's subsequent change in sexual harassment policy. The Court reserved decision on precluding Dr. Gilly's medical testimony pending further explanation from the plaintiff.

Motion in LimineSexual HarassmentHostile Work EnvironmentTitle VIIContinuing Violation ExceptionEvidentiary RulingsFederal Rules of EvidenceFederal Rules of Civil ProcedureTreating Physician TestimonyHearsay
References
10
Case No. Dkt. No. 1
Regular Panel Decision

Oklahoma Firefighters Pension & Retirement System v. Student Loan Corp.

Lead plaintiffs Oklahoma Firefighters Pension and Retirement System and Elk-horn Partners LP brought a putative class action against Student Loan Corporation, its officers, Citigroup, Citibank, Citi Holdings, and Discover Financial Services. Plaintiffs alleged that Student Loan Corp. violated GAAP by failing to maintain adequate reserves for student loan losses and materially misrepresented its loan portfolios and risk exposure in violation of the Securities Exchange Act of 1934 and SEC Rule 10b-5. Defendants moved to dismiss the complaint for failure to state a claim. The Court granted the defendants' motion, concluding that the plaintiffs failed to adequately plead actionable misrepresentations or omissions, scienter, and loss causation. The Court also noted that the named plaintiffs lacked standing due to a prior settlement order in a related Delaware action.

Securities FraudClass ActionMotion to DismissGAAP ViolationsLoan Loss ReservesFinancial DisclosuresPrivate Securities Litigation Reform ActScienterLoss CausationCorporate Governance
References
56
Case No. MISSING
Regular Panel Decision
Mar 03, 1998

Lebovits v. Chase Manhattan Bank (In Re Lebovits)

Daniel Lebovits, a Chapter 7 debtor, filed an adversary proceeding to discharge his student loan debt, arguing it imposed an "undue hardship." The U.S. Bankruptcy Court for the Eastern District of New York, Judge Dorothy Eisenberg, found that repayment of the $49,040.12 debt would indeed cause undue hardship for Lebovits and his seven dependents. The court applied the three-prong Brunner test, determining that Lebovits could not maintain a minimal standard of living, his financial difficulties would persist, and he had made good faith efforts to repay. Consequently, the court granted the discharge of the student loans.

Student Loan DischargeUndue HardshipBankruptcy Chapter 7Brunner TestDebtor's DependentsFinancial HardshipMinimal Standard of LivingGood Faith RepaymentReligious FreedomFamily Expenses
References
19
Case No. MISSING
Regular Panel Decision

In re Handicapped Child

The Orchard Park Central School District (District) sought a court-ordered subpoena for psychiatric and psychological records of an infant student from the Western New York Children’s Psychiatric Center. The District intended to use these records in an appeal initiated by the student's parents concerning the child's handicapping condition. The parents cross-moved to quash the subpoena, asserting the records were privileged and their consent for release had been withdrawn. Justice Thomas P. Flaherty ruled that no legislative exception existed to abrogate the physician-patient and psychologist-client privileges in this context, especially over parental objection. Consequently, the court denied the District's motion for the subpoena and granted the parents' cross-motion to quash, underscoring the protection of confidential communications in a child's best interests.

Education LawStudent RecordsPsychiatric RecordsPsychological RecordsPrivilegeSubpoena Duces TecumMotion to QuashParental RightsCommittee on HandicappedFair Hearing
References
17
Case No. MISSING
Regular Panel Decision

Bene v. Educational Credit Management Corp. (In re Bene)

Ms. Bene, a 64-year-old assembly line worker facing imminent job loss, sought to discharge her $56,000 student loan debt after making minimal payments over 25 years. The court analyzed her case under the 'undue hardship' test established in In re Brunner, considering how economic terms and the William D. Ford Program's debt forgiveness options have evolved since 1987. Despite earlier life choices, such as prioritizing parental care over completing her education, the court concluded that Ms. Bene met both the Brunner test and a 'totality of circumstances' test, citing her age, lack of professional qualifications, austere lifestyle, and absence of future financial prospects. Consequently, the court ordered the discharge of her student loan debt.

Student LoansUndue HardshipBrunner TestWilliam D. Ford ProgramBankruptcy DischargeFinancial DistressElderly DebtorCaregivingEmployment PrecarityEconomic Circumstances
References
13
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