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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 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parents cross-moved to quash the subpoena, asserting the records were privileged and their consent for release had been withdrawn.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. 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. ADJ2972614 (VNO 0551694) ADJ3199572 (VNO 0558860)
Regular
Jan 31, 2012

ALI POURFARZAD vs. PALMIRA ASSOCIATES, INC., PREFERRED EMPLOYERS INSURANCE COMPANY

This case involves an applicant claiming industrial injuries to his spine, psychological system, and central nervous system (sleep disorder) from two separate dates of employment. The administrative law judge initially found injury to the psychological and central nervous systems but required further development of the record for permanent disability and apportionment. The Appeals Board determined that neither party presented substantial evidence regarding the causation and permanency of the claimed psychological and central nervous system injuries. Consequently, these issues are deferred, and the record will be developed further, potentially through an Agreed Medical Evaluator or a court-appointed physician.

Petition for ReconsiderationPartial Joint Findings of FactPanel Qualified Medical Evaluator (QME)Substantial EvidenceDevelop the RecordAgreed Medical Evaluator (AME)Regular PhysicianLabor Code Section 5701CausationPsychological Injury
References
2
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. MISSING
Regular Panel Decision

Clear Water Psychological Services PC v. American Transit Insurance Co.

Plaintiff Clear Water Psychological Services PC sought no-fault benefits from defendant American Transit Insurance Company. The plaintiff moved for summary judgment, while the defendant cross-moved for a 90-day stay, arguing that the assignor, Oshane Crooks, was acting as an employee at the time of the November 10, 2014 automobile accident, falling under Workers’ Compensation Board jurisdiction. A key issue was the admissibility of an uncertified police accident report (MV-104AN) which suggested the assignor was driving a taxi. The court ruled the uncertified report inadmissible under CPLR 4518 (c) for authentication reasons, despite the officer's personal observations. However, acknowledging the unresolved factual question of the assignor’s employment status and the Workers’ Compensation Board's primary jurisdiction, the court granted the defendant’s motion, staying the action for 90 days for a Workers’ Compensation Law applicability determination.

No-fault benefitsSummary judgmentStay of actionWorkers' CompensationPolice accident reportAdmissibility of evidenceCPLR 4518Vehicle and Traffic LawPrimary jurisdictionEmployment status
References
12
Case No. 2015-455 K C
Regular Panel Decision
Dec 19, 2017

Metro Psychological Servs., P.C. v. Travelers Prop. & Cas. Ins. Co.

This case involves Metro Psychological Services, P.C., as an assignee, seeking first-party no-fault benefits from Travelers Property & Casualty Insurance Company. The defendant moved for summary judgment, arguing the assignor's injuries occurred during employment, which would make workers' compensation benefits applicable. The Civil Court denied the defendant's motion and granted the plaintiff's cross-motion for summary judgment. The Appellate Term reversed this order, concluding there was an unresolved issue as to whether the plaintiff's assignor was acting in the course of employment at the time of the accident. Consequently, the matter was remitted to the Civil Court to be held in abeyance, pending a determination by the Workers' Compensation Board regarding the parties' rights under the Workers' Compensation Law, underscoring the Board's primary jurisdiction in such matters.

No-Fault BenefitsWorkers' Compensation LawPrimary JurisdictionAbeyanceSummary JudgmentAppellate ReviewInsurance DisputeMedical ProviderAssigneeCourse of Employment
References
9
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. MISSING
Regular Panel Decision

Mister Vee Productions, Inc. v. LeBlanc

This case involves a dispute over copyright infringement and breach of contract. Three corporations—Mister Vee, Delightful, and Vigor—sued individuals known as The Rhythm Makers, Paul Service, and corporations Arista Records, G.Q. Publishing, and Arista Music. Delightful alleged copyright infringement for the song 'Soul On Your Side.' Mister Vee and Vigor claimed The Rhythm Makers breached an exclusive agreement by recording other songs with Arista. The court addressed defendants' motion to dismiss non-copyright claims due to lack of pendent jurisdiction. The court ultimately declined jurisdiction and dismissed the state law claims, finding they did not share a 'common nucleus of operative fact' with the federal copyright claim.

Copyright InfringementBreach of ContractPendent JurisdictionFederal CourtState Law ClaimsMusic Industry DisputeExclusive Recording AgreementMotion to DismissJudicial EconomyCommon Nucleus of Operative Fact
References
12
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