Court Filings

The Appellate Division, Third Department affirmed Supreme Court's dismissal of Century Indemnity Company's CPLR article 78 challenge to the Attorney General's denial of a FOIL request. Century sought documents the Diocese of Ogdensburg produced to the Attorney General during an investigation; the Attorney General withheld them under FOIL's law-enforcement exemption. The court found the agency met its burden by identifying categories of records compiled for law enforcement and explaining how disclosure would interfere with the ongoing investigation, so nondisclosure was proper and counsel fees were not awarded.

The Appellate Division, Third Department reversed Supreme Court's declaration that Justin Ball is entitled to a civil jury trial to contest administrative charges seeking fines and revocation of his EMT license. The court held that the federal Seventh Amendment has not been incorporated against the states and therefore does not guarantee a civil jury in a state administrative licensure proceeding, and that New York's constitutional jury guarantee does not extend to regulatory license-revocation proceedings rooted in the statutory scheme governing professional licensure. The court granted the Department of Health's motion to dismiss and ended the injunction against the administrative process.

The California Supreme Court held that the Coastal Commission lacked appellate jurisdiction to overturn a San Luis Obispo County grant of a coastal development permit to Shear Development. The Court decided the proper review of the Commission’s jurisdictional claim — which depends on interpreting the county’s certified local coastal program (LCP) — is independent judgment, and no deference was warranted here. Applying the LCP text and extrinsic evidence, the Court concluded the proposed homesite is not in a sensitive coastal resource area and that the Commission’s alternate theory (that jurisdiction exists when a site lists multiple principal permitted uses) is incorrect. The Court reversed and directed issuance of a writ vacating the Commission’s decision and dismissing the appeal for lack of jurisdiction.

The Ohio Supreme Court held that Nationwide Energy Partners (NEP), a company that purchases electricity and resells it to apartment tenants using equipment it installs and maintains, is an "electric light company" and therefore a public utility subject to the Public Utilities Commission of Ohio (PUCO). The court concluded tenants qualify as "consumers" under R.C. 4905.03(C) and that NEP is plainly engaged in the business of supplying electricity because it buys power, sets resale prices, bills tenants, and may disconnect service. The Court reversed PUCO’s jurisdictional ruling and remanded for further proceedings on the remaining claims and tariff issues.

The Appellate Division, Second Department affirmed the Supreme Court's dismissal of a CPLR article 78 petition challenging Suffolk County Department of Civil Service's May 22, 2024 determination that the petitioner was not qualified for hire as a police officer after an adverse psychological evaluation. The court held that the appointing authority has broad discretion in determining fitness for law enforcement, may rely on its own medical evaluators even when a candidate produces a contrary independent opinion, and that the Department's decision was not irrational or arbitrary. Because the agency acted reasonably, the court would not substitute its judgment for the administrative factfinder.

The Texas Court of Appeals (Third District) denied the Texas Department of Family and Protective Services' petition for a writ of mandamus and dismissed its motion for temporary emergency relief as moot. The court issued a short memorandum opinion resolving the original mandamus proceeding from Travis County without further opinion. The denial means the appellate court declined to order the lower court or official to take the specific action the Department sought; the emergency motion was unnecessary following that disposition.

The Court of Appeals granted the Department of Labor and Industries’ motion for reconsideration, withdrew its prior opinion, and issued a new published opinion. The court held that Cache Valley Electric violated WAC 296-45-255(7) by making expired rubber protective blankets available at a worksite, and therefore reinstated the Department’s citation and penalty for that item. The court also upheld the Board’s serious-violation finding and penalty assessment for an employee operating a chainsaw within the minimum approach distance of an energized line, concluding the Board did not abuse its discretion in weighing the high probability of harm given how close the chainsaw came to the line. The result: the judgment was reversed in part (vacated Board finding on blankets) and affirmed in part (chainsaw violation).

The Georgia Court of Appeals granted the Georgia Department of Early Care & Learning's application for discretionary appeal in the case against iCare Child Development Center, Inc. The order allows the appellant to file a Notice of Appeal within 10 days of the April 21, 2026 order and directs the superior court clerk to include a copy of the appellate order in the record transmitted to the Court of Appeals. This is a procedural grant of permission to pursue appellate review, not a decision on the merits of the underlying dispute.

The Florida First District Court of Appeal dismissed an original petition for a writ of mandamus filed by P.R. and M.Z. against the Department of Children and Families. The opinion is per curiam, issued April 21, 2026, and does not include substantive reasoning in the published entry. The court noted the decision is not final until any timely motion under Florida Rule of Appellate Procedure 9.330 or 9.331 is resolved. Judges Lewis, Winokur, and Neff concurred.

The Florida First District Court of Appeal dismissed Terrence Pellet’s petition for a writ of prohibition seeking relief against the Florida Department of Revenue, Child Support Program. The petition was filed in the court’s original jurisdiction, and the per curiam order simply states the petition is dismissed without published opinion. All three judges concurred. No additional reasoning, factual findings, or relief were set forth in the decision.

The Appellate Division affirmed the Public Employment Relations Commission's decision allowing twenty-eight employees in eleven job titles at Kean University, Montclair State University, and The College of New Jersey to be members of collective bargaining units represented by the AFT or CWA. The State argued those positions were managerial executives and thus excluded from union membership, but PERC (and the Director whose factual findings PERC adopted) found the positions did not formulate or direct the effectuation of management policy without independent review by higher-level supervisors. The court found PERC's application of statutory language and precedent reasonable and not arbitrary or capricious.

Justice Busby dissents from the Court’s decision excusing a state agency’s late attempt to withhold records under the Texas Public Information Act. The dispute concerns whether an agency’s post-request question — asking whether the requester sought confidential information — lawfully paused the agency’s ten-business-day deadline to seek an Attorney General opinion before withholding records. Justice Busby argues the question did not narrow the request, was not one of the permitted follow-up inquiries, and cannot restart the statutory clock. He contends the Act requires timely agency action and presumes disclosure when the deadline is missed.

The Texas Supreme Court reversed the lower courts and remanded, holding that the Texas Commission on Environmental Quality (TCEQ) timely sought an Attorney General opinion under the Public Information Act. Sierra Club had requested a large set of records on July 1, 2019. TCEQ emailed July 2 seeking clarification whether Sierra Club wanted confidential material released or would accept a narrowed response; Sierra Club declined. The Court held the ten-business-day clock began on July 2, the interagency-mail “mailbox rule” made TCEQ’s July 17 submission timely, and therefore TCEQ did not miss the statutory deadline. The case returns to the trial court to decide the merits of TCEQ’s claimed deliberative-process withholding privilege.

The Appellate Division affirmed the Workers' Compensation Board's decision denying claimant Karen Figueroa's request to preclude a September 2023 independent medical examination (IME) report. Figueroa argued the carrier's instructions to the IME physician required a separate IME-3 filing under Workers' Compensation Law § 137, which was not done. The court held the carrier filed an IME-5 with instructions that identified the issues to be addressed, claimant's objection was untimely, and the IME substantially complied with statutory and regulatory requirements, so the report was admissible and the Board did not abuse its discretion.

The Appellate Division, Third Department affirmed the Workers' Compensation Board's decision that claimant James Brognano sustained an accidental injury arising out of and in the course of his employment. The Board found that testimony describing a loud noise in the claimant's cubicle, his subsequent change in appearance and behavior, hospital findings of head bruising, and medical proof of a blunt-force epidural hematoma supported a workplace accident. The employer's challenge that no one observed a fall or could explain the mechanism and its attempts to rebut the presumption of compensability were held insufficient as a matter of substantial evidence.

The Court of Appeals ordered the immediate suspension with pay of Hon. Walter W. Jones from his Canandaigua Town Court judgeship while it reviews a determination by the State Commission on Judicial Conduct. The suspension was issued on the Court's own motion under the New York Constitution and Judiciary Law pending the appellate review. A majority of the Court concurred in the order; one judge did not participate. The suspension is administrative and temporary, preserving pay during the review process.

The Florida First District Court of Appeal affirmed the decision of the Division of Administrative Hearings in a dispute between Seventy7, LLC and the Florida Department of Revenue. The appeal challenged an administrative ruling, but the appellate court, in a per curiam decision with three judges concurring, concluded the lower administrative decision should stand. The opinion contains only the disposition 'AFFIRMED' without published reasoning in this document.

The Florida Supreme Court granted the Florida Bar’s petition to amend several Rules Regulating The Florida Bar to replace terminology: “chemical dependency” becomes “substance use disorder” and “psychological problems” becomes “mental health conditions.” The Court also revised a bylaw to allow the Board of Governors to establish programs for enhanced participation by minority members and updated funding restrictions for Bar assistance programs. The amendments are adopted as proposed, will appear in the appendix, and take effect June 15, 2026. One justice dissented, expressing concern about adopting changes tied to external organizations and potential policy consequences.

The court reviewed Corey Morrell’s suit against the Texas Commission on Environmental Quality (TCEQ) after an enforcement order assessing penalties for scrap tires on his land. The trial court dismissed all claims for lack of jurisdiction. The appeals court held that the trial court erred only as to Morrell’s Public Information Act mandamus claim because the TCEQ withheld responsive records and did not prove an exception to disclosure. The court affirmed dismissal of Morrell’s other claims (challenging the order as void/ultra vires and a challenge to a scrap-tire rule) because they were untimely, lacked merit, or lacked standing, and remanded the PIA claim for further proceedings.

The Court of Appeal affirmed the trial court’s order allowing the Department of Water Resources (DWR) to enter private properties under California’s precondemnation entry statutes to conduct environmental, cultural, and geological investigations for the Delta Conveyance Project. The court held that those statutes authorize any public entity that is authorized to acquire property by eminent domain to perform such testing without first satisfying separate Water Code “project approval” provisions that apply to commencing a classic condemnation. The court relied on the California Supreme Court’s decision in Property Reserve I, finding the statutes constitutionally adequate.

The Ohio Supreme Court granted a writ of mandamus ordering the Adams County Board of Elections to hold a hearing within ten days on Christopher Hicks’s October 3, 2025 challenge to Prosecuting Attorney Aaron Haslam’s voter registration. The court ruled that Hicks, a qualified Ohio elector, has statutory standing under R.C. 3503.24(A). It held that res judicata and issue preclusion do not bar this action because no prior quasi-judicial hearing adjudicated the residency issue. The board abused its discretion and clearly disregarded R.C. 3503.24(B) by denying the challenge without a hearing when its records were insufficient to resolve material factual disputes about residency.

The Ohio Supreme Court affirmed the Sixth District Court of Appeals' dismissal of inmate Robert Bates’s mandamus complaint seeking the names of certain prison officers under the Public Records Act. The appellate court dismissed the case because Bates’s accompanying affidavit of prior civil actions did not strictly comply with R.C. 2969.25(A): he failed to list the name of each party to several prior lawsuits. The Supreme Court held that R.C. 2969.25(A) is mandatory, requires strict compliance, and permits sua sponte dismissal for noncompliance, so dismissal was proper and the merits were not reached.

The Pennsylvania Supreme Court denied appellants' challenge and affirmed the Commonwealth Court's April 2, 2026 order. The Court granted the appellants' request to supplement the record but upheld the lower court's decision that the candidate Al Buchtan’s nomination petition stands. The Court also ordered that Buchtan’s petition be treated as amended to list his legal residence as 100 Betty Boulevard, Carmichaels, Pennsylvania 15320, Greene County. Three justices recorded their dissent; a full opinion will follow explaining the detailed rationale.

The Texas Department of Insurance filed an original proceeding in the Seventh Court of Appeals to challenge the denial of its motion to quash a subpoena in an underlying Lubbock County case. While the petition was pending, the Department and the plaintiff (Real Party in Interest, Traci Johnson) resolved their discovery dispute by a Rule 11 agreement, and the Department filed a notice that it intended to withdraw its petition. Because the parties settled and the relator withdrew its challenge, the court dismissed the Department's original proceeding without deciding the subpoena issue on the merits.

The Florida Supreme Court adopted several amendments to the Florida Rules of Appellate Procedure proposed by The Florida Bar’s Appellate Court Rules Committee. The amendments update cross-references and wording, remove outdated references to the prior e-filing system, align paper filing and service requirements with recent changes to the Rules of General Practice and Judicial Administration, and revise certificate-of-service forms. The Court explained each change, incorporated consistency edits (for example replacing “pro se” with “unrepresented”), and set the effective date as July 1, 2026. No comments were received on the proposal.

The Pennsylvania Supreme Court considered Mark LaVelle’s challenge to a Commonwealth Court standing order that deems candidates notified of petitions to set aside nomination petitions when the court posts the filing on its public website. LaVelle argued this practice violates Section 977 of the Election Code, which requires an order specifying the time and manner of notice to the candidate. The Justice writing separately expressed doubt about the standing order’s compliance with the statute but concluded any defect in notice would only require a new hearing, not dismissal. Because LaVelle had, by stipulation, fewer than the 300 valid signatures required for the ballot, the Court affirmed the Commonwealth Court’s order for that independent reason.

The Court of Appeal affirmed the trial court’s denial of Pengfei Philip Chi’s petition challenging the DMV’s suspension of his driver’s license after he refused a chemical test following a DUI arrest. Chi argued the DMV hearing officer acted as a prosecutor rather than a neutral adjudicator, violating his due process rights. The appellate court held that the DMV’s post-2022 policy requires hearing officers to act as neutral factfinders who may introduce evidence, ask clarifying questions, and rule on objections, and that combining investigative and adjudicative functions does not, by itself, create an unacceptable risk of bias. Because Chi presented no evidence of a constitutionally intolerable risk of bias, the court affirmed the judgment.

The Ohio Supreme Court reversed the Tenth District and issued a limited writ directing the Industrial Commission to vacate its order and reconsider whether a nine-month Columbus City Schools speech therapist, who elected stretch pay but was not scheduled to work over the summer, was eligible for temporary-total-disability (TTD) benefits during the 2022 summer recess. The Court held the Commission failed to properly apply R.C. 4123.56(F), which requires assessment of whether an employee’s inability to work or wage loss is the direct result of an impairment from an allowed injury or instead the direct result of reasons unrelated to that injury. The case was remanded for the Commission to apply R.C. 4123.56(F) and determine eligibility.

The appellate court affirmed the Illinois Department of Human Services’ decision requiring Kenwood-Oakland Community Organization (KOCO) to repay $451,198 in grant funds. KOCO had challenged IDHS’s recovery determination after administrative and circuit-court review, arguing it properly spent the grants and that IDHS denied due process and changed its basis for recovery. The court held KOCO failed to rebut the statutory presumption favoring recovery because it did not produce adequate accounting records—most critically, KOCO refused to provide its general ledger—so IDHS permissibly sought recovery under the Grant Funds Recovery Act and related regulations.

The Ohio Supreme Court denied a mandamus petition by Jocelyn Rosnick (ACLU of Ohio) seeking contracts and related documents the Geauga County Sheriff’s Office allegedly executed with DHS, ICE, or the U.S. Marshals Service between June 1, 2024 and March 3, 2025. The sheriff’s office initially cited federal-law restrictions for denial but later submitted a records-clerk affidavit stating it did not execute any such contracts during that period. Because Rosnick failed to prove by clear and convincing evidence that responsive records exist and were withheld, the court denied the writ and denied statutory damages, attorney fees, and costs. A motion to file late rebuttal evidence was also denied as untimely.