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

Case No. 13-20-00004-CV
Regular Panel Decision
Nov 18, 2021

Regina Kay Smith and Jeffrey Scott Grove, as Surviving Parents of Brittany Dawn Grove v. USI Industrial Services, Inc.

Regina Kay Smith and Jeffrey Scott Grove, parents of Brittany Dawn Grove, appealed a summary judgment granted to USI Industrial Services, Inc. The Groves brought claims against USI based on respondeat superior and non-employee mission liability after a fatal auto accident involving USI's former employees, Roberto Rodriguez and Alejandro Ayala, and Brittany Grove. The accident occurred while Rodriguez and Ayala were traveling home after being terminated from USI. The court affirmed the trial court's judgment, concluding that no genuine issue of material fact existed regarding Rodriguez's employment status with USI at the time of the accident. Additionally, the court found that USI did not control the manner or route of travel for the non-employees, thereby negating non-employee mission liability.

Respondeat SuperiorVicarious LiabilityNon-Employee Mission LiabilitySummary Judgment AppealEmployment TerminationCourse and Scope of EmploymentFatal Auto AccidentAffidavit EvidenceJudicial ReviewTexas Court of Appeals
References
24
Case No. 2008 NY Slip Op 31457(U)
Regular Panel Decision
May 30, 2008

Parente v. 277 Park Avenue LLC

Plaintiff Dennis Párente, an operating engineer, sustained injuries after falling from a ladder while investigating a malfunctioning booster fan in an office leased by defendant Chase. The original Supreme Court ruling denied Párente's partial summary judgment motion under Labor Law § 240 (1) and dismissed the complaint. This Appellate Division order modified that decision, finding that Párente's activity constituted repair, not routine maintenance, thus making Labor Law § 240 (1) applicable and imposing absolute liability. Consequently, Párente's motion for summary judgment on this claim was granted, and the defendants' cross-motion for dismissal was denied. Other claims under Labor Law §§ 241 (6), 200, and common-law negligence were properly dismissed, and triable issues of fact remain concerning a third-party indemnification action.

Ladder FallBooster Fan RepairLabor Law § 240(1)Absolute LiabilitySummary Judgment MotionWorkplace SafetyWorker InjuryEmergency RepairThird-Party ActionIndemnification Claim
References
6
Case No. MISSING
Regular Panel Decision
Jun 09, 2011

In re the Certification as Qualified Adoptive Parents Pursuant to Domestic Relations Law § 115-d

This case concerns Joanna K. and Scottye K.'s application to waive the mandatory certification as qualified adoptive parents for Jeremiah B., the biological son of Careese B. The K.s received physical custody of Jeremiah shortly after his birth in March 2009, prior to obtaining the required judicial certification, thereby violating New York's adoption statute. The court reviewed the convoluted history, including Careese B.'s judicial consent to adoption and the K.s' temporary custody order. However, the court denied the waiver application, emphasizing the critical importance of pre-placement certification to protect children and prevent unregulated transfers of custody. The decision stated that the petitioners failed to show good cause for waiver and that a retroactive approval of non-compliance would undermine legislative intent, although the K.s retain legal and physical custody pending the adoption petition.

Adoption Law CompliancePrivate-Placement Adoption RequirementsPre-Placement CertificationWaiver Application DenialChild Welfare LegislationFamily Law ProcedureJudicial DiscretionStatutory InterpretationParental Fitness StandardsCustody Transfer
References
9
Case No. 03-22-00126-CV
Regular Panel Decision
Mar 29, 2024

Greg Abbott in His Official Capacity as Governor of the State of Texas, Stephanie Muth in Her Official Capacity of Commissioner of the Department of Family and Protective Services, and the Texas Department of Family and Protective Services v. Jane Doe, Individually and as Parent and Next Friend of Mary Doe, a Minor John Doe, Individually and as Parent and Next Friend of Mary Doe, a Minor And Dr. Megan Mooney

This case involves an appeal concerning a temporary injunction against the State of Texas for issuing a directive that classifies gender-affirming medical care for minors as child abuse. Appellees, including parents of a transgender adolescent and a psychologist, sued to enjoin the State from initiating child abuse investigations based on this directive. The trial court denied the State's plea to the jurisdiction and granted a temporary injunction. The Court of Appeals affirmed the denial of jurisdiction and the injunction against the Department of Family and Protective Services and its Commissioner, concluding that the directive constituted an invalid rule under the APA and caused irreparable harm. However, it reversed the denial of jurisdiction and dismissed claims against the Governor, stating he lacked authority to control investigatory decisions.

Gender-affirming careChild abuse policyTemporary injunctionAdministrative Procedure ActUltra viresParental rightsEqual protectionDue processState government authorityJudicial review
References
62
Case No. MISSING
Regular Panel Decision

In re the Commitment of Star A.

This dissenting opinion addresses a petition to terminate a respondent mother's parental rights, brought on grounds of permanent neglect and mental illness, though the agency proceeded solely on permanent neglect. The Family Court dismissed the petition, finding the agency failed to make diligent efforts. The dissenting judge argues that the Family Court's decision should be reversed, asserting the agency's efforts were reasonable given the mother's extreme non-cooperation. The mother consistently failed to maintain contact, plan for her children, attend scheduled visits, and keep psychiatric appointments, frustrating the agency's attempts to strengthen the parental relationship. The judge concludes that terminating parental rights is necessary for the children's best interests and their chance at a normal childhood.

Parental RightsPermanent NeglectDiligent EffortsSocial Services LawBest Interests of ChildFoster CareParental Non-CooperationFamily Court DecisionAppellate DissentChild Welfare
References
2
Case No. M2022-01719-COA-R3-CV
Regular Panel Decision
Apr 18, 2024

Parents' Choice Tennessee v. Jason Golden, in his Official Capacity as Superintendent of Williamson County Schools

This appeal arose from a lawsuit brought by parents and an education-focused parents’ rights organization against the Williamson County Board of Education. They challenged the Board's Wit & Wisdom curriculum, asserting it violated Tennessee laws restricting Common Core instructional materials and prohibiting certain concepts in public schools. The trial court dismissed the suit, citing the plaintiffs' lack of standing and failure to exhaust administrative remedies for one claim. On appeal, the Court of Appeals affirmed the dismissal of claims by a family who had left the school system and upheld the dismissal of the prohibited concepts claim for failure to exhaust administrative remedies. However, the appellate court reversed the trial court's finding of lack of standing for other plaintiff families and the parents' rights organization, and it also reversed the dismissal of the Common Core claim, remanding that part of the case for further proceedings.

Education LawSchool CurriculumCommon Core StandardsProhibited ConceptsStanding LawAdministrative Remedies ExhaustionJudicial ReviewDeclaratory ReliefInjunctive ReliefTennessee Court of Appeals
References
60
Case No. MISSING
Regular Panel Decision
Jul 11, 2003

In re Daquan D.

The case involves the affirmation of Family Court orders that terminated the parental rights of a respondent mother to her four children (Daquan D., Dominique H., Jamel C., and David H.) and committed their custody and guardianship to a petitioner for adoption. The court found permanent neglect, citing the child care agency's diligent efforts to support the parental relationship which were frustrated by the respondent's lack of cooperation, including her failure to sustain participation in programs and her prolonged incarceration. The record supported the finding that the agency made diligent efforts despite the respondent's non-cooperation. Furthermore, the disposition to free the children for adoption was deemed in their best interests, supported by a preponderance of the evidence. This decision was based on the respondent's extensive incarceration and continuous failure to assume parental responsibilities, ultimately offering the children a chance for a stable familial environment.

Termination of Parental RightsPermanent NeglectBest Interests of ChildFoster CareAdoptionParental CooperationDiligent EffortsIncarcerationFamily LawChild Welfare
References
3
Case No. MISSING
Regular Panel Decision
Dec 03, 1990

In re Mary S.

This is an appeal from an order terminating a father's parental rights to his daughter, Mary S., on the grounds of permanent neglect. The Family Court found the father failed to make diligent efforts to reunite with Mary, citing non-compliance with court-ordered therapy and housing requirements, despite maintaining contact and visitation. Mary S. had a history of neglect, initially placed in foster care in 1986, and was later found to be mildly retarded, eventually bonding with the foster parents who adopted her brother. The appellate court affirmed the Family Court's decision, rejecting claims of an unfair hearing and improper testimony, emphasizing that the Department of Social Services fulfilled its duty and termination was in Mary's best interest. The decision allowed Mary S. to be freed for adoption by her foster parents.

Permanent NeglectParental Rights TerminationChild NeglectFoster CareAdoptionFamily LawSocial ServicesAppellate DecisionChild WelfareDiligent Efforts
References
4
Case No. MISSING
Regular Panel Decision
Nov 02, 2015

Matter of Alexsander N.

This case concerns an appeal from an order of the Family Court of Albany County. Petitioner initiated a permanent neglect proceeding against respondent, the mother of a child, which resulted in a suspended judgment due to respondent's failure to plan for the child's future and non-compliance with mental health treatment. Petitioner later filed a petition alleging respondent violated the suspended judgment by failing to disclose an arrest and subsequent incarceration, which led to missed appointments and visits. The Family Court revoked the suspended judgment and terminated respondent's parental rights. The Appellate Division affirmed the Family Court's decision, finding that respondent failed to comply with the terms of the suspended judgment and that the termination of parental rights was in the child's best interests.

Parental Rights TerminationPermanent NeglectSuspended Judgment ViolationChild WelfareFamily Law AppealNon-compliance with Court OrderBest Interests of ChildMental Health IssuesChild SupervisionAppellate Affirmation
References
7
Case No. MISSING
Regular Panel Decision
Apr 25, 2011

In re Jessey Andrews S.

This case concerns the termination of a respondent's parental rights to subject children. The Family Court in Bronx County found that the respondent's consent was not required for adoption due to admitted non-payment of child support and insufficient financial contributions. Additionally, the court determined that the respondent permanently neglected the children by failing to plan for their future despite the agency's diligent efforts, as he refused referrals and did not complete the service plan. The court concluded that freeing the children for adoption was in their best interests, given the foster parents' ability to provide a loving and supportive home that addresses their special needs. The initial orders of disposition were unanimously affirmed.

Parental Rights TerminationPermanent NeglectAdoption ProceedingsChild Support ObligationsDiligent Efforts by AgencyBest Interests of the ChildFamily Law DecisionDomestic Relations LawSocial Services LawFamily Court Act
References
3
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