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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

Izen v. Commission for Lawyer Discipline

The case concerns attorney Joe Alfred Izen Jr.'s challenge to disciplinary actions taken by the State Bar of Texas. He was disciplined by the Advertising Review Committee and the Commission for Lawyer Discipline for alleged violations of professional conduct rules related to lawyer advertising. Izen contended that these entities violated his fundamental constitutional right to due process by failing to adhere to their own procedures, expanding their investigation without notice, and initiating disciplinary proceedings without allowing him an opportunity to rectify perceived issues, despite accepting his fees. The dissenting justice concurred, arguing that the application of former Rule 7.07 was unconstitutional, as it deprived Izen of fair notice and a chance to cure violations. Consequently, the dissenting justice advocated for vacating the district court's judgment, which had favored the Commission, and dismissing all proceedings against Izen.

Due ProcessAttorney DisciplineLawyer AdvertisingFirst AmendmentFourteenth AmendmentTexas ConstitutionState Bar of TexasProfessional Conduct RulesSafe HarborProcedural Due Process
References
18
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. 03-05-00413-CV
Regular Panel Decision
Jun 29, 2007

Raul Garcia v. Commission for Lawyer Discipline

This disciplinary action was initiated by the Commission for Lawyer Discipline against attorney Raul Garcia for alleged violations of the Texas Disciplinary Rules of Professional Conduct. The district court found Garcia in violation of rules concerning fee-splitting with a non-lawyer, assisting in the unauthorized practice of law, and practicing under a trade name, while ruling in his favor on a charge of forming a partnership with a non-lawyer. Garcia appealed the district court's partial summary judgment against him. The appellate court reviewed the case de novo and affirmed the district court's judgment, concluding that Garcia indeed violated rules 5.04(a), 5.05(b), and 7.01(a) as an employee of a non-profit organization providing legal services.

Legal EthicsAttorney DisciplineUnauthorized Practice of LawFee SplittingTrade NameProfessional MisconductSummary JudgmentAppellate ReviewNon-profit OrganizationImmigration Law
References
16
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. 01-07-01114-CV
Regular Panel Decision
May 28, 2010

Joe Alfred Izen, Jr. v. Commission for Lawyer Discipline

Justice Keyes dissents from the majority's decision, asserting that the State Bar of Texas and its Commission for Lawyer Discipline violated appellant Joe Alfred Izen Jr.'s fundamental constitutional due process rights. Izen was subjected to disciplinary proceedings and a license suspension after the Advertising Review Committee broadened its investigation into his advertising practices sua sponte, despite an initial offer for administrative resolution. The dissent argues that the Committee failed to provide proper notice and opportunity to cure alleged violations, contrary to its own rules and the "safe harbor" provision of former Texas Disciplinary Rule of Professional Conduct 7.07. Justice Keyes concludes that Rule 7.07, as applied in this case, is unconstitutional under both federal and Texas constitutions. Consequently, she would vacate the district court's judgment and dismiss the proceedings against Izen.

Due ProcessAttorney DisciplineLawyer AdvertisingConstitutional LawFirst AmendmentFourteenth AmendmentAdministrative LawTexas State BarProfessional ConductSafe Harbor
References
20
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. 01-23-00329-CV
Regular Panel Decision
May 22, 2025

Richard Robins v. Commission for Lawyer Discipline

This appeal concerns an attorney-discipline proceeding in which attorney Richard Andert Robins was disbarred after a jury found him guilty of professional misconduct. The Commission for Lawyer Discipline accused Robins of violating multiple Texas Disciplinary Rules of Professional Conduct, specifically for failing to surrender client files, filing frivolous cases, causing unreasonable delay, withholding facts from the tribunal to assist fraud, and engaging in dishonest conduct. Robins challenged the disbarment on various procedural and evidentiary grounds, including the dismissal of his religious discrimination counterclaim. The Court of Appeals for the First District of Texas affirmed the trial court's judgment, concluding there was sufficient evidence to support the jury's findings of professional misconduct and rejecting Robins's other arguments regarding juror misconduct and constitutional challenges.

Attorney DisciplineProfessional MisconductDisbarmentLegal EthicsFrivolous LitigationClient File RetentionCandor Toward TribunalDishonestyFraudMisrepresentation
References
49
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
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