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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

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. 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

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
Case No. MISSING
Regular Panel Decision

Goldman v. Bank of New York (In Re Goldman)

Cecilia R. Goldman, a Chapter 7 debtor, sought to discharge her student loan obligation from The Bank of New York, guaranteed by NYSHESC, claiming undue hardship due to health issues and related medical expenses. NYSHESC objected, stating that the five-year repayment period had not elapsed and that repayment would not cause undue hardship. The court determined that despite her medical condition, Goldman was employed with a $17,000 annual salary, was single, had no dependents, and had discharged over $13,000 in other debts. The court concluded that Goldman failed to prove the 'hopelessness or exceptional circumstances' necessary for an undue hardship finding under 11 U.S.C. § 523(a)(8)(B), and consequently, her complaint was dismissed.

Student LoanBankruptcyUndue HardshipChapter 7DischargeabilityMedical ConditionFinancial HardshipGuaranteed LoanFederal Bankruptcy CodeDebtor-Creditor Law
References
6
Case No. MISSING
Regular Panel Decision
Nov 29, 2010

Mauro v. Countrywide Home Loans, Inc.

Plaintiff Maria Mauro brought an action against Countrywide Home Loans, Inc., and several other defendants, including her investment advisor Peter J. Dawson and the Kaplan defendants (attorneys for Countrywide), alleging federal claims under the Truth in Lending Act (TILA) and various state law claims. Mauro claimed that the proceeds from two mortgage loans, secured by her investment rental properties, were misappropriated by Dawson. The defendants moved for summary judgment, arguing that TILA was inapplicable because the loans were for business purposes and that the Kaplan defendants were not 'creditors' under the statute. The court granted the defendants' motions for summary judgment on the TILA claim, concluding that the loans were indeed for business purposes, thus exempting them from TILA's coverage. The court also found that the Kaplan defendants did not qualify as 'creditors' under TILA. Consequently, the court declined to exercise supplemental jurisdiction over the remaining state law claims, dismissing them without prejudice.

Truth in Lending ActTILA ExemptionBusiness PurposeInvestment PropertySummary JudgmentFederal JurisdictionSupplemental JurisdictionState Law ClaimsMortgage FraudCreditor Definition
References
57
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

Thoms v. Educational Credit Management Corp. (In Re Thoms)

Kashima Thoms, a Chapter 7 debtor, initiated an adversary proceeding seeking the discharge of her substantial student loan obligations totaling $90,948.58, citing "undue hardship" under 11 U.S.C. § 523(a)(8). Educational Credit Management Corp. (ECMC) became the primary defendant, administering all of Thoms's student loans. The U.S. Bankruptcy Court applied the Second Circuit's stringent three-part Brunner test, which requires demonstrating an inability to maintain a minimal living standard, persistence of this hardship, and good faith repayment efforts. The Court found that Thoms, earning $48,000 annually, had sufficient disposable income, and her financial prospects were likely to improve, particularly with potential changes in childcare expenses and family living arrangements. Crucially, Thoms had made only minimal payments years prior and failed to utilize available loan restructuring options, thereby failing to prove good faith. Consequently, the Court ruled that Thoms did not establish undue hardship, denying the discharge of her student loan debts.

Bankruptcy LawStudent Loan DischargeUndue Hardship DoctrineBrunner TestChapter 7 BankruptcyAdversary ProceedingFinancial DistressRepayment EffortsFederal Student LoansDebtor-Creditor Law
References
4
Case No. 02-20-00224-CV
Regular Panel Decision
Oct 14, 2021

Regina Nachael Howell Foster v. Ocwen Loan Servicing, LLC and Deutsche Bank National Trust Company, as Trustee for Morgan Stanley ABS Capital 1 Inc. Trust 2005-HE1, Mortgage Pass-Through Certificates, Series 2005-HE 1

Regina Nachael Howell Foster used her property as collateral for her husband's mortgage refinance loan. After her husband defaulted, she sued Ocwen Loan Servicing, LLC and Deutsche Bank National Trust Company to invalidate the deed-of-trust lien and stop foreclosure. Her initial suit was unsuccessful. Following a foreclosure sale, Foster initiated a second lawsuit, challenging the foreclosure procedures and reasserting the invalidity of the deed-of-trust lien. The trial court granted summary judgment in favor of the defendants. On appeal, Foster challenged this summary judgment, primarily arguing that she did not receive the required notice of default under the Texas Property Code and that the lien was invalid under the Texas Constitution. The Court of Appeals affirmed the trial court's judgment, concluding that Foster's contentions regarding lien invalidity were without merit and that she was not entitled to notice of default.

MortgageForeclosureDeed of TrustHomesteadSummary JudgmentAppellate ReviewTexas ConstitutionProperty CodeNotice of DefaultLien Invalidity
References
45
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