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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

United States v. Twentieth Century-Fox Film Corp.

Twentieth Century-Fox Film Corporation ("Fox") and its branch manager, Leila J. Goldstein, were found guilty of criminal contempt for violating a 1951 consent decree from United States v. Loew’s Inc. The decree enjoined Fox from "block booking" films, a practice where the right to exhibit one film is conditioned upon licensing others. The U.S. District Court for the Southern District of New York found overwhelming evidence that Goldstein, acting within the scope of her authority, willfully and repeatedly violated this order by coercing exhibitors into licensing less desirable films before more popular ones. The court also found Fox criminally liable for Goldstein's managerial conduct. Sentencing for both defendants was scheduled for December 7, 1988.

Criminal ContemptBlock BookingConsent Decree ViolationMotion Picture IndustrySherman ActAntitrust LawCorporate Criminal LiabilityWillful ViolationManagerial Employee ConductFilm Distribution

References

Case No. MISSING

Regular Panel Decision

Fox News Network, L.L.C. v. Time Warner Inc.

This case arises from a dispute between Time Warner and Fox concerning Time Warner's decision not to carry Fox News on its New York City cable channels. Fox initially sued Time Warner, prompting Time Warner to file counterclaims alleging that Fox conspired with New York City officials to unlawfully coerce Time Warner into carrying Fox News. Time Warner's counterclaims assert violations of its First Amendment and Due Process rights under 42 U.S.C. § 1983, and tortious interference with contractual relations. Fox moved to dismiss these counterclaims, arguing that its actions were protected by the Noerr-Pennington doctrine, which generally shields lobbying activities. The court denied Fox's motion, concluding that Time Warner had adequately alleged a conspiracy and that the Noerr-Pennington doctrine might not apply if Fox's conduct was found to be illegal or corrupt, thus allowing the counterclaims to proceed.

First Amendment RightsDue ProcessSection 1983Noerr-Pennington DoctrineCable ActAntitrustLobbyingFreedom of SpeechConspiracyMotion to Dismiss

References

Case No. 13 Civ. 1297 (JPO)

Regular Panel Decision

Mar 31, 2014

Duffey v. Twentieth Century Fox Film Corp.

This case revolves around Todd Duffey, an actor who portrayed a character in the movie *Office Space*, suing Twentieth Century Fox Film Corporation and Running Press. Duffey alleged false endorsement under the Lanham Act and breach of contract, claiming unauthorized use of his image on 'Box of Flair' merchandise. The court, presided over by District Judge J. Paul Oetken, granted the defendants' motion to dismiss the case. The decision was based on the interpretation of Duffey's Day Player Agreement, which was found to unambiguously grant 'all rights throughout the universe' to his performance, including its use for commercial purposes like merchandise. Applying Texas contract law, the court concluded that the defendants' use of Duffey's image was permissible, leading to the dismissal of all his claims.

Intellectual PropertyContract DisputeFalse EndorsementLanham ActDay Player AgreementMerchandising RightsActor RightsFilm IndustryTexas Contract LawChoice of Law

References

Case No. MISSING

Regular Panel Decision

Twenty First Century L.P.I v. LaBianca

This case involves Twenty First Century L.P.I and Twenty First Century L.P.II, owners of McDonald's franchises, suing several defendants for fraud, breach of fiduciary duty, aiding and abetting, and RICO violations. The defendants, including former employees Michael Malpiedi and Richard Redzinski, engaged in a scheme to embezzle millions by submitting inflated invoices for construction work and receiving kickbacks. The court granted partial summary judgment, finding all listed defendants liable for common law fraud and aiding and abetting breach of fiduciary duty. Malpiedi and Redzinski were also found liable for breach of fiduciary duty. Additionally, Malpiedi, Redzinski, Stephen Delli Bovi, and Delli Bovi Construction Corporation were held liable for civil RICO damages. However, the plaintiff's motion for summary judgment regarding Angelo Vignola's and D & D Electric's RICO liability was denied, leaving that issue for trial.

FraudEmbezzlementKickbacksRICOBreach of Fiduciary DutySummary JudgmentCollateral EstoppelMail FraudWire FraudInterstate Commerce

References

Case No. MISSING

Regular Panel Decision

Golten Marine Co. v. New York State Department of Environmental Conservation

The case involves petitioners, neighboring businesses, appealing a judgment concerning construction permits for 20th Century Recycling, Inc. The Supreme Court, Queens County, annulled negative declarations by the DEC and permits issued by the DEC and NYC Department of Health. The appellate court affirmed this annulment, finding that the DEC failed to comply with the New York State Environmental Quality Review Act (SEQRA). Specifically, the DEC omitted crucial environmental concerns like traffic, zoning, and community character in its initial negative declaration, a violation of SEQRA mandates (6 NYCRR 617.11). A subsequent 'amended negative declaration' was deemed insufficient to retroactively validate the invalid environmental review, as SEQRA requires literal compliance.

Environmental LawSEQRAConstruction PermitsNegative DeclarationJudicial ReviewCPLR Article 78ZoningTraffic ImpactCommunity CharacterRegulatory Compliance

References

Case No. MISSING

Regular Panel Decision

Fox v. Commonwealth Worldwide Chauffeured Transportation of NY, LLC

Plaintiff Kenneth Fox filed a class action against his former employer, Commonwealth Worldwide Chauffeured Transportation of NY, LLC, alleging unpaid overtime wages under federal (FLSA) and state (New York Labor Law) employment laws, and individual claims related to discriminatory termination under New York Human Rights Law and the Fair Credit Reporting Act (FCRA). Fox sought conditional certification for a collective action. Commonwealth moved for summary judgment, arguing the "motor carrier exemption" applied to Fox's overtime claims and that his discrimination claims lacked merit. The court granted Commonwealth's motion for summary judgment, finding Fox exempt from overtime protections and ruling that he failed to demonstrate willfulness or negligence for the FCRA claim or an adverse employment action for the NYHRL claim. Consequently, Fox's motion for collective action certification was denied.

Overtime PayFLSA ExemptionMotor Carrier ActSummary Judgment MotionEmployment DiscriminationFair Credit Reporting ActHuman Rights LawClass ActionCollective ActionChauffeur Employment

References

Case No. 2018 NY Slip Op 28102

Regular Panel Decision

Apr 02, 2018

Pozner v. Fox Broadcasting Co.

Cliff Pozner, a former executive at Fox Broadcasting Company, was terminated following sexual harassment complaints from employees. Pozner subsequently initiated a lawsuit against Fox for breach of his employment contract. In response, Fox filed counterclaims alleging breach of contract and breach of fiduciary duty, referencing company handbooks and established policies. Pozner moved to dismiss these counterclaims, contending that the employee handbooks lacked contractual enforceability and that his actions did not constitute a breach of fiduciary duty under prevailing legal standards. The court upheld the breach of contract counterclaim, recognizing that the handbooks were explicitly integrated into Pozner's employment agreement, but dismissed the breach of fiduciary duty counterclaim, stating that sexual harassment alone, without direct actions against the employer's financial interests, does not typically establish a breach of loyalty claim in New York.

Employment contractBreach of contractBreach of fiduciary dutySexual harassmentCounterclaimsMotion to dismissDuty of loyaltyCorporate policiesEmployee handbooksExecutive termination

References

Case No. MISSING

Regular Panel Decision

Powers v. Fox Television Stations, Inc.

Steve Powers, a former television reporter, initiated an age discrimination lawsuit against Fox Television Stations, Inc. following his employment termination in 1992, citing violations of New York State and City human rights laws. Fox subsequently removed the case to federal court and moved to compel arbitration, referencing an arbitration clause within Powers' 1992 employment agreement, and to stay the ongoing action. Powers contended that his employment contract was exempt from the Federal Arbitration Act (FAA) and that his claims fell outside the arbitration clause's scope. The court, relying on Second Circuit precedents, disagreed with Powers' interpretation, concluding that the FAA's employment contract exclusion was limited to the transportation industry and that the broadly worded arbitration clause encompassed the dispute. Consequently, the court granted Fox's motions, compelling arbitration and staying the civil action.

Age DiscriminationEmployment ArbitrationFederal Arbitration ActContract LawStatutory InterpretationMotion to CompelStay of ProceedingsSecond Circuit PrecedentNew York Human Rights LawArbitration Clause Scope

References

Case No. MISSING

Regular Panel Decision

Commissioners of State Insurance Fund v. Fox Run Farms, Inc.

The State Insurance Fund sued Fox Run Farms, Inc. to recover unpaid workers' compensation insurance premiums, obtaining a summary judgment from the Supreme Court. Fox Run challenged the premium calculation, citing audit errors, incorrect payroll figures, and the misclassification of independent contractors as employees, and requested more time to examine audit documents. The Supreme Court denied this request, holding that worker classification required administrative review. On appeal, the Appellate Division reversed the summary judgment, ruling that Fox Run was unfairly denied sufficient time to review audit materials, thereby creating unresolved material issues of fact. The court clarified that while worker classification is an administrative matter, questions of coverage, such as independent contractor status, fall within judicial purview.

Workers' Compensation PremiumsSummary JudgmentInsurance AuditIndependent Contractor StatusEmployer-Employee RelationshipPayroll ClassificationDiscovery AdjournmentAppellate ReviewProcedural Due ProcessMaterial Issues of Fact

References

Case No. 08-CV-3175 (JG)(JO)

Regular Panel Decision

Aug 25, 2009

Century 21 Real Estate LLC v. Bercosa Corp.

Century 21 Real Estate LLC sued Bercosa Corp. and its owner Pedro Bernard for breach of contract and trademark infringement under the Lanham Act. The defendants failed to respond to the complaint, leading to a motion for default judgment. Magistrate Judge James Orenstein issued a Report and Recommendation, which District Judge John Gleeson adopted, finding the defendants liable. The court awarded Century 21 a total of $319,832.32 in monetary damages, including contract claims, statutory damages, attorneys' fees, and costs. Additionally, the defendants were permanently enjoined from using the Century 21 Marks and ordered to cooperate in an audit of Bercosa’s books and records.

Default JudgmentTrademark InfringementLanham ActBreach of ContractFranchise AgreementMonetary DamagesInjunctive ReliefAttorneys' FeesAudit OrderWillful Violation

References

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Updated Daily

Case Law Database

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

Case No. MISSING

Regular Panel Decision

United States v. Twentieth Century-Fox Film Corp.

Criminal ContemptBlock BookingConsent Decree ViolationMotion Picture IndustrySherman ActAntitrust LawCorporate Criminal LiabilityWillful ViolationManagerial Employee ConductFilm Distribution

References

Case No. MISSING

Regular Panel Decision

Fox News Network, L.L.C. v. Time Warner Inc.

First Amendment RightsDue ProcessSection 1983Noerr-Pennington DoctrineCable ActAntitrustLobbyingFreedom of SpeechConspiracyMotion to Dismiss

References

Case No. 13 Civ. 1297 (JPO)

Regular Panel Decision

Mar 31, 2014

Duffey v. Twentieth Century Fox Film Corp.

Intellectual PropertyContract DisputeFalse EndorsementLanham ActDay Player AgreementMerchandising RightsActor RightsFilm IndustryTexas Contract LawChoice of Law

References

Case No. MISSING

Regular Panel Decision

Twenty First Century L.P.I v. LaBianca

FraudEmbezzlementKickbacksRICOBreach of Fiduciary DutySummary JudgmentCollateral EstoppelMail FraudWire FraudInterstate Commerce

References

Case No. MISSING

Regular Panel Decision

Golten Marine Co. v. New York State Department of Environmental Conservation

Environmental LawSEQRAConstruction PermitsNegative DeclarationJudicial ReviewCPLR Article 78ZoningTraffic ImpactCommunity CharacterRegulatory Compliance

References

Case No. MISSING

Regular Panel Decision

Fox v. Commonwealth Worldwide Chauffeured Transportation of NY, LLC

Overtime PayFLSA ExemptionMotor Carrier ActSummary Judgment MotionEmployment DiscriminationFair Credit Reporting ActHuman Rights LawClass ActionCollective ActionChauffeur Employment

References

Case No. 2018 NY Slip Op 28102

Regular Panel Decision

Apr 02, 2018

Pozner v. Fox Broadcasting Co.

Employment contractBreach of contractBreach of fiduciary dutySexual harassmentCounterclaimsMotion to dismissDuty of loyaltyCorporate policiesEmployee handbooksExecutive termination

References

Case No. MISSING

Regular Panel Decision

Powers v. Fox Television Stations, Inc.

References

Case No. MISSING

Regular Panel Decision

Commissioners of State Insurance Fund v. Fox Run Farms, Inc.

References

Case No. 08-CV-3175 (JG)(JO)

Regular Panel Decision

Aug 25, 2009

Century 21 Real Estate LLC v. Bercosa Corp.

Default JudgmentTrademark InfringementLanham ActBreach of ContractFranchise AgreementMonetary DamagesInjunctive ReliefAttorneys' FeesAudit OrderWillful Violation

References

Showing 1-10 of 152 results

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