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Case Law Database

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

Case No. MISSING
Regular Panel Decision

In re Nan FF.

This case concerns an appeal from an order of the Family Court of Otsego County which dismissed an adult adoptee's application to unseal her adoption records. The petitioner sought access to the records based on medical need, as per Domestic Relations Law § 114 (4). However, her application was denied because she failed to provide a certification from a licensed New York physician. Additionally, the submitted letters from an out-of-state social worker and physician did not sufficiently indicate that access to the records was "required" to address a serious illness, nor did they identify the specific information needed, thus failing to establish prima facie good cause under the statute. The appellate court affirmed the Family Court's dismissal of the application.

Adoption LawRecord SealingMedical GroundsGood Cause RequirementStatutory ComplianceFamily Court ProcedureAppellate ReviewPhysician CertificationOut-of-State CertificationDocumentary Evidence
References
5
Case No. Motion sequence Nos. 002 and 005
Regular Panel Decision

UMG Recordings, Inc. v. Escape Media Group, Inc.

UMG Recordings, Inc. sued Escape Media Group, Inc. for common-law copyright infringement and unfair competition. Escape asserted DMCA safe harbor and CDA preemption defenses, along with Donnelly Act and tortious interference counterclaims. The court denied UMG's motion to dismiss the DMCA safe harbor defense, ruling it applies to pre-1972 recordings. However, the court granted UMG's motion to dismiss the CDA preemption defense, clarifying that the CDA's intellectual property exemption covers both federal and state laws. Additionally, Escape's Donnelly Act counterclaim was dismissed, but UMG's motions to dismiss the tortious interference counterclaims were denied, rejecting defenses like the Noerr-Pennington doctrine and economic interest.

Copyright InfringementDMCA Safe HarborPre-1972 RecordingsUnfair CompetitionCommunications Decency ActTortious InterferenceDonnelly ActNew York Common LawInternet Service ProvidersAntitrust
References
34
Case No. 2022-02-0451
Regular Panel Decision
Dec 08, 2022

Qualls, Steven v. Federal Mogul

Mr. Qualls sought medical benefits for an alleged back injury sustained while lifting a heavy box at work on June 24, 2022. Federal Mogul disputed the work-relatedness of the injury, arguing that Mr. Qualls did not report a work injury and medical records indicated his pain began at home two weeks prior. The Court denied Mr. Qualls's request for medical benefits, finding he failed to introduce sufficient medical evidence to prove his condition arose primarily out of and in the course and scope of his employment. The decision highlighted that medical records, including those from his primary provider Nurse Jennifer Dyer and orthopedic surgeon Dr. Jeffrey Peterson, did not establish causation.

Workers' CompensationMedical BenefitsCausationBack InjuryExpedited HearingEmployee Burden of ProofMedical EvidenceTennessee LawEmployer DefenseWork-Related Injury
References
1
Case No. MISSING
Regular Panel Decision

New York State Police v. Charles Q.

A State Trooper, acquitted of criminal charges, had his criminal records sealed. His employer, the State Police (petitioner), subsequently sought to unseal these records for use in a disciplinary proceeding. The County Court initially granted the application to unseal. On appeal, the court reversed the County Court's order, ruling that the State Police, when conducting a disciplinary proceeding against one of its employees, is not acting as a 'law enforcement agency' under CPL 160.50 (1) (d) (ii) and thus has no statutory right to access sealed records. Furthermore, the court found that the petitioner failed to meet the 'compelling demonstration' required for exercising the court's inherent power to unseal records, as it did not demonstrate that other investigative avenues had been exhausted or were unavailable. Consequently, the application to unseal the records was denied.

Sealed recordsCriminal Procedure Law 160.50Disciplinary proceedingState TrooperPublic employerLaw enforcement agencyInherent court powerUnsealing recordsAppellate reviewAdministrative determination
References
6
Case No. MISSING
Regular Panel Decision

Morales v. Ellen

This appeal concerns the application of the Texas Open Records Act (TORA) regarding the disclosure of investigative records pertaining to sexual harassment allegations against John Ellen, a former police lieutenant. The Attorney General challenged a trial court's decision that withheld the names and detailed statements of witnesses, citing privacy concerns, while ordering the release of Ellen's affidavit and the police board's findings. The appellate court affirmed the trial court's judgment, balancing the public's right to information about government affairs against the privacy rights of individuals involved in intimate and embarrassing sexual harassment investigations. It concluded that disclosing witness identities would discourage future reporting and cooperation, thereby upholding the privacy exemption under TORA.

Texas Open Records ActTORASexual HarassmentPrivacy RightsInvestigative RecordsGovernment TransparencyWitness ProtectionPublic OfficialsEctor CountyAppellate Law
References
11
Case No. 2019-02-0176
Regular Panel Decision
Aug 13, 2019

Clark, Birtie v. Cook Out Kingsport, Inc.

Cook Out Kingsport, Inc. filed a Request for Expedited Hearing to deny Birtie Clark’s claim for medical and temporary benefits. The employer acknowledged a March 30, 2018 work injury but disputed the employee's claim of a September 14, 2018 injury, asserting that no notice was provided. Ms. Clark, who alleged the September injury after a car wreck in February 2019, failed to submit any affidavits or medical records to substantiate her claim for benefits. The Court determined that Ms. Clark did not present sufficient evidence to demonstrate a likelihood of prevailing on the merits of her September 14, 2018 injury claim. Consequently, the Court denied her request for temporary and medical benefits at this time.

Workers' Compensation ClaimsExpedited HearingMedical BenefitsTemporary BenefitsNotice of InjuryEvidentiary BurdenTennessee LawAffidavitsPetition for Benefit DeterminationWork Injury
References
0
Case No. 05-15-00073-CV
Regular Panel Decision
Apr 16, 2015

Estate of David Anthony Toarmina

This document is an 'Agreed Correction of Reporter’s Record' filed by Danyel Moffett, Appellant, and Vincent Toarmina, Appellee. The parties agree to correct the Reporter’s Record by including two exhibits, Def. Ex. 29 and Def. Ex. 30, which are Charles Vincent Toarmina’s Response to Request for Disclosure and Charles Vincent Toarmina’s First Supplemental Response to Request for Disclosure, respectively. These exhibits were admitted at trial but not included in the original record. The parties agree that these documents are true and correct copies and should be made part of the Reporter’s Record for all purposes.

Appellate ProcedureCorrection of RecordExhibitsDiscoveryTexas Rules of Civil ProcedureProbate CourtEstate LawDisclosure RequestAppellate Court FilingAgreement of Parties
References
7
Case No. 02-21-00164-CV
Regular Panel Decision
Jun 09, 2022

Todd Gallaher v. Denton Media Company, Inc. D/B/A Denton Record Chronicle

Appellant Todd Gallaher, a political consultant, sued Appellee Denton Media Company, Inc. d/b/a Denton Record-Chronicle for defamation, alleging libelous statements in a series of articles. The articles detailed allegations of Gallaher's misconduct during the 2008 primary election, claiming he was "charged," "prosecuted," and "sentenced" for misrepresentation of identity. Gallaher also contended defamation regarding statements that he declined to comment for the articles. The trial court granted summary judgment for the Newspaper. The appellate court affirmed, ruling that some claims were time-barred, statements about charges were protected by the statutory defense of truth for public concern, and statements about declining comment were not defamatory.

DefamationLibelSummary JudgmentFirst AmendmentFreedom of PressPublic ConcernStatutory Defense of TruthStatute of LimitationsAppellate ReviewTexas Election Code
References
24
Case No. 2017-03-0637
Regular Panel Decision
Jul 27, 2018

Elliott, Mark v. Heritage Food Services, Inc. d/b/a Heritage Grill

Mark Elliott filed a Request for Expedited Hearing seeking additional medical benefits and temporary total disability benefits following a hyper-extension injury at work. The Court sustained objections from the employer, Heritage Food Services, Inc., regarding the admissibility of Mr. Elliott's affidavits, email communications, and medical records due to hearsay and lack of proper authentication. Consequently, much of Mr. Elliott's submitted evidence was not considered. The Court found that Mr. Elliott failed to present sufficient admissible medical evidence to prove a causal connection between his employment and the need for treatment, or to demonstrate a disability due to a work-related injury. Therefore, his requests for additional medical treatment, outstanding medical charges, mileage expenses, and temporary disability benefits were denied.

Workers' CompensationExpedited HearingBenefit DenialMedical BenefitsTemporary Total DisabilityCausationAdmissibility of EvidenceHearsayAuthenticationTennessee Law
References
2
Case No. 2021-03-1249
Regular Panel Decision
Sep 16, 2022

Padilla, Roberto Arturo Diaz v. Jose Mejia

Roberto Arturo Diaz Padilla filed a Request for Expedited Hearing, seeking a decision on the record for medical benefits after sustaining a work injury. He was injured on November 12, 2021, while operating a grinder as an employee of Jose Mejia’s uninsured construction company, resulting in a hand injury and surgery by orthopedist Dr. Daniel Branham. Jose Mejia failed to provide workers' compensation insurance or medical benefits, leading Mr. Padilla to incur significant medical expenses. The Court found that Mr. Padilla presented sufficient evidence to show a likelihood of prevailing at a hearing on the merits, entitling him to payment of both his past and future reasonable and necessary medical expenses. The Court also held that Mr. Padilla satisfied the requirements for consideration of discretionary payment through the Uninsured Employers Fund.

Expedited HearingMedical BenefitsUninsured EmployerWork InjuryHand InjurySurgeryOrthopedistTennessee LawEmployer Non-ComplianceUninsured Employers Fund
References
1
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