CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

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

Agway, Inc. Employees' 401(K) Thrift Investment Plan v. Magnuson

This case involves an action brought by Agway, Inc. Employees’ 401(k) Thrift Investment Plan and State Street Bank & Trust Company under ERISA, alleging breaches of fiduciary duties by various parties concerning the Agway pension plan. Defendant Mellon Trust of New England, N.A., a former fiduciary, sought court approval for a tentative settlement agreement with the plaintiffs, which included a bar order preventing non-settling defendants from asserting indemnity or contribution claims against Mellon Trust. The non-settling defendants, including the Committee Defendants, Director Defendants, and PricewaterhouseCoopers LLP, opposed the bar order, arguing it was overbroad. Magistrate Judge Peebles found the proposed bar order overreaches as it purports to restrict contribution and indemnity claims in actions brought by parties other than the plaintiffs, such as the Department of Labor. Consequently, the court denied Mellon Trust's application for settlement approval without prejudice, conditioning approval on either restricting the bar order's scope to the current action or securing the Secretary of Labor's agreement to the judgment credit reduction in any future action.

ERISAFiduciary Duty BreachPension PlanSettlement AgreementBar OrderContribution ClaimsIndemnity ClaimsPartial JudgmentNon-Settling DefendantsProportionate Fault
References
21
Case No. MISSING
Regular Panel Decision
Jun 18, 2003

Local 8A-28A Welfare and 401 (K) Retirement Funds v. Golden Eagles Architectural Metal Cleaning and Refinishing

The plaintiffs, Local 8A-28A Welfare and 401(k) Retirement Funds, sued defendant Golden Eagles Architectural Metal Cleaning and Refinishing, alleging violations of ERISA Section 515 and a collective bargaining agreement for failing to submit to an audit. Golden Eagles moved to dismiss the complaint, asserting lack of personal jurisdiction, improper venue, and the requirement for arbitration. The District Court, presided over by Judge Sweet, denied the motion, finding that personal jurisdiction existed over Golden Eagles due to ERISA's nationwide service of process provision, and venue was proper in the Southern District of New York as the Funds are administered there. Furthermore, the court determined that the Local 8A-28A Funds, as independent non-signatory entities, were not bound by the arbitration clause present in the collective bargaining agreement between the union and the employer. Consequently, Golden Eagles' motion to dismiss was denied.

ERISAPersonal JurisdictionVenueArbitrationCollective Bargaining AgreementEmployee BenefitsTrust FundsMotion to DismissNationwide Service of ProcessMinimum Contacts
References
26
Case No. 2019-03475; Docket Nos. B-762-18, B-763-18, B-764-18, B-765-18
Regular Panel Decision
Dec 02, 2020

Matter of Margaret K.K. (Alicia A.)

Alicia A. (mother) appealed the Family Court of Rockland County's order terminating her parental rights to her four children due to mental illness. The Appellate Division dismissed the appeal concerning two children (William K. and Margaret K. K.) as academic because they had reached the age of majority. For the remaining children, the court affirmed the lower court's decision, finding clear and convincing evidence that the mother's mental illnesses (bipolar disorder, ADHD, and PTSD) rendered her unable to provide proper care. The court also determined that the mother received effective assistance of counsel, despite counsel not attending a court-ordered psychological examination, given counsel's detailed cross-examination of the evaluator and securing an independent psychiatric evaluation. The decision upheld the termination of parental rights for the children still under the court's jurisdiction.

Parental Rights TerminationMental Illness GroundIneffective Assistance of CounselAppellate ReviewSocial Services Law § 384-bFamily Court ActChild NeglectBipolar DisorderPost-Traumatic Stress DisorderAttention Deficit-Hyperactivity Disorder
References
17
Case No. NO. 02-14-00148-CV
Regular Panel Decision
May 14, 2015

Brian K. Haren and Susan K. Haren F/K/A Susan C. Carley v. Wells Fargo Bank, N.A.

Appellants Brian K. Haren and Susan K. Haren appealed the trial court's order granting summary judgment to appellee Wells Fargo Bank, N.A. The Harens had defaulted on a property note, filed for Chapter 13 bankruptcy, and failed to disclose claims against Wells Fargo as assets. Later, in response to a lawsuit by Wells Fargo, they filed counterclaims alleging breach of contract, unreasonable collection efforts, and violations of the Texas Debt Collection Practices Act. The trial court granted summary judgment, finding judicial estoppel applicable due to the Harens' nondisclosure during bankruptcy. The Court of Appeals affirmed, ruling that the Harens' position in this lawsuit was inconsistent with their bankruptcy disclosures, the bankruptcy court accepted their nondisclosure, and their failure to disclose was not inadvertent as they had knowledge of the facts supporting their claims and a financial motive to conceal them.

BankruptcyJudicial EstoppelSummary JudgmentNondisclosureChapter 13Real PropertyForeclosureDebt CollectionTexas LawAppellate Review
References
29
Case No. MISSING
Regular Panel Decision
Apr 07, 2014

B.K. v. New York City Department of Education

G.K., a child diagnosed with Autism Spectrum Disorder, faced educational challenges for the 2011-2012 school year. His parents, B.K. and Y.K., initiated legal action against the New York City Department of Education, alleging that the Department failed to provide G.K. with a free and appropriate public education (FAPE) as mandated by the Individuals with Disabilities Education Improvement Act (IDEIA). The parents sought tuition reimbursement for G.K.'s private special education program and direct funding for home-based therapy, appealing an administrative decision that had previously denied their claims. The Department subsequently filed a cross-motion for summary judgment. The District Court, after conducting an independent review of the administrative record and giving due weight to the state administrative proceedings, denied the plaintiffs' motion for summary judgment and granted the Department's cross-motion, concluding that the May 2011 Individualized Education Program (IEP) proposed by the Department was procedurally and substantively adequate.

Individualized Education ProgramFree Appropriate Public EducationIndividuals with Disabilities Education ActAutism Spectrum DisorderSpecial EducationTuition ReimbursementDue Process HearingBehavioral Intervention PlanFunctional Behavioral AssessmentParental Participation
References
46
Case No. 02-11-00200-CV
Regular Panel Decision
Aug 02, 2012

in the Interest of S.W., K.H., K.H., K.H., K.H., and K v. Children

This memorandum opinion from the Second District of Texas, Fort Worth, addresses appeals by T.H. (Mother) and Q.D. (Father) regarding a trial court's order. The order appointed the Texas Department of Family and Protective Services as permanent managing conservator for five children and S.W.'s father as sole managing conservator for S.W. Father's appeal focused on the admissibility of a Michigan home study report, which the court affirmed as trustworthy under the public records exception. Mother's appeal claimed ineffective assistance of counsel, citing issues with opening statements, evidence of firing attorneys, lack of preparation, and failure to obtain updated mental health evaluations or secure out-of-state witnesses. The appellate court found no reversible error, affirming the trial court's judgment.

Child ConservatorshipParental RightsIneffective Assistance of CounselPublic Records ExceptionHearsayFamily LawChild ProtectionMental HealthAppellate ReviewTrial Strategy
References
22
Case No. 03-03-00501-CV
Regular Panel Decision
Jun 24, 2004

William Paul Serur v. Churchill Forge Properties A/K/A C F Management-Texas Churchill Forge, Inc. Churchill Forge Management, Inc. Churchill Forge Oak Springs Apts., Inc.

William Paul Serur sued his former employer, Churchill Forge, for retaliatory discharge after filing a workers' compensation claim and taking FMLA leave, along with a breach-of-contract claim concerning his 401(k) funds. The district court granted summary judgment for Churchill Forge on all claims. Serur appealed, challenging the summary judgment and evidentiary rulings. The Court of Appeals affirmed the district court's decision, finding Serur failed to establish a causal link for his retaliatory discharge claims and that the 401(k) funds were properly disbursed. The court also overruled Serur's objections to the summary-judgment evidence.

Workers' CompensationFMLARetaliatory DischargeSummary JudgmentBreach of Contract401(k) BenefitsEmployment LawAppellate CourtToxic Mold ExposureTravis County Court
References
21
Case No. 14-09-00473-CV
Regular Panel Decision
Sep 14, 2010

Zeno Digital Solutions, L.L.C. v. K Griff Investigations, Inc.

Zeno Digital Solutions, L.L.C. appealed a trial court's judgment awarding K Griff Investigations, Inc. lost profit damages. K Griff had sued Zeno for violations of the Deceptive Trade Practices Act, fraud, negligent misrepresentation, and breach of contract after copiers sold by Zeno experienced mechanical problems. The trial court awarded K Griff lost profits, repair costs, and attorney's fees. Zeno contended that the lost profit award was unsupported by evidence, specifically arguing K Griff failed to account for expenses and improperly based calculations on gross revenue instead of net profits. The appellate court agreed, finding the evidence legally insufficient to prove lost profit damages. Therefore, the appellate court reversed the lost profit damages award and affirmed the remainder of the trial court's judgment.

DamagesLost ProfitsGross RevenueNet ProfitsDeceptive Trade Practices ActFraudNegligent MisrepresentationBreach of ContractCopiersEquipment
References
12
Case No. 01-19-00580-CV
Regular Panel Decision
Aug 26, 2021

Thomas Gunnar Kelly v. Sherry Marie Kelly

This divorce appeal addresses the division of marital property and spousal maintenance. Appellant Thomas Kelly challenged the trial court's characterization of his 401(k) account, severance payments, an investment account, and a car. He also contested the spousal maintenance award and attorney's fees, arguing insufficient evidence for his wife's disability or minimum needs. The appellate court affirmed the dissolution of marriage but reversed and remanded the property division and spousal maintenance due to errors in classifying the 401(k) and a potential trust interest, necessitating a new determination of financial resources. The court affirmed the characterization of severance payments, the E*Trade account, and the Ford Mustang.

DivorceProperty DivisionSpousal MaintenanceCommunity PropertySeparate Property401(k) ApportionmentSeverance PaymentsInvestment AccountGift PropertyTestamentary Trust
References
69
Case No. MISSING
Regular Panel Decision

Schreiber v. K-Sea Transportation Corp.

Nicholas Schreiber, a seaman employed by K-Sea Transportation, sustained injuries. After receiving maintenance and medical expenses, he agreed to K-Sea's arbitration program for further claims in exchange for advance wages. Following a deterioration of his condition and additional surgeries, Schreiber sued K-Sea under the Jones Act. K-Sea initiated arbitration, but Schreiber sought to stay it due to the substantial filing fees and his claim of being unaware of his rights. The Supreme Court granted a permanent stay, deeming the agreement unconscionable and a waiver of jury trial rights. This appellate court reversed, finding the agreement was not a release and the financial burden was speculative. The case was remanded to the Supreme Court for a hearing to determine if Schreiber's waiver of Jones Act rights and agreement to arbitrate was freely and knowingly entered into, considering his status as a ward of admiralty.

Jones ActArbitration AgreementSeaman InjuriesPersonal Injury ClaimWaiver of RightsFederal Arbitration ActEmployment ContractsAppellate ReviewRemand for HearingMaritime Law
References
21
Showing 1-10 of 1,666 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational