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Case Law Database

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

Case No. 90-00985-B-11 through 90-00990-B-11 and 90-01984-B-11 through 90-01989-B-11
Regular Panel Decision
Aug 28, 1991

In Re Eagle Bus Manufacturing, Inc.

This case pertains to the confirmation of the Third Amended Plan of Reorganization under Chapter 11 for Greyhound Lines, Inc. and its Affiliated Debtors. The hearing was held on August 27 and 28, 1991, presided over by Bankruptcy Judge Richard S. Schmidt in the Southern District of Texas. Numerous creditors and interested parties appeared, and several objections to the plan were filed. The Court, after reviewing evidence and arguments, overruled the remaining objections and found that the plan satisfied all applicable provisions of the Bankruptcy Code. The plan outlines the restructuring of debtor operations, treatment of various claims, and the liquidation or reorganization of subsidiaries. The Court ultimately confirmed the plan, emphasizing its feasibility and good faith in seeking to maximize returns for creditors and ensure the continuation of essential public services, with a specific exception for Eagle Bus Manufacturing, Inc.

Chapter 11 ReorganizationBankruptcy ConfirmationDebtors-in-PossessionCreditor ObjectionsPlan FeasibilityGood Faith PlanSecured Claims TreatmentUnsecured Claims TreatmentPriority Tax ClaimsNLRB Claim Estimation
References
5
Case No. 2019 NY Slip Op 07699 [176 AD3d 587]
Regular Panel Decision
Oct 24, 2019

Rivera v. 11 W. 42 Realty Invs., L.L.C.

Plaintiff Humberto Rivera was injured while riding in an elevator filled with unsecured construction materials. Defendants 11 West 42 Realty Investors, L.L.C. and Tishman Speyer Properties, L.P. successfully appealed the denial of their motion for summary judgment, with the Appellate Division finding they established prima facie that they did not cause or have notice of the unsafe condition and only exercised general supervisory control. Conversely, defendants NTT Services, LLC and Pritchard Industries, Inc.'s motion for summary judgment was denied and affirmed on appeal. They failed to demonstrate they did not create a hazard or fully displace the duty to maintain safe premises, given that their employee permitted plaintiff to enter the elevator despite company rules against it. The court also noted unresolved issues regarding contractual indemnification for 11 West 42 Realty Investors, L.L.C.

Elevator AccidentPremises LiabilitySummary Judgment MotionNegligenceContractual IndemnificationGeneral Supervisory ControlUnsecured MaterialsWorker SafetyAppellate Review
References
3
Case No. 15-25-00023-CV
Regular Panel Decision
May 05, 2025

The State of Texas v. Nonparty Patient No. 1, Nonparty Patient No. 2, Nonparty Patient No. 3, Nonparty Patient No. 4, Nonparty Patient No. 5, Nonparty Patient No. 6, Nonparty Patient No. 7, and Nonparty Patient No. 8, Nonparty Patient No. 9, Nonparty Patient No. 10, and Nonparty Patient No. 11

This case involves an appeal by the State of Texas against the denial of its plea to the jurisdiction and plea in abatement. The State, as appellant, initially sued Dr. May C. Lau in Collin County, alleging violations of SB 14 and the Texas Deceptive Trade Practices Act, and issued subpoenas in Dallas County to obtain medical records of 21 nonparty patients. The appellees, eleven nonparty patients, challenged these subpoenas in Dallas County, asserting physician-patient and mental health information privileges under Texas Rules of Civil Procedure 176.6(e) and 192.6(a). The State argues that sovereign immunity prevents the Dallas County court from hearing these challenges and that the only proper forum is Collin County. The appellees contend that the Texas Supreme Court precedent dictates that rules of civil procedure apply to the State unless explicitly carved out, and that common law principles of sovereign immunity do not extend to discovery disputes.

Sovereign ImmunityDiscovery DisputeSubpoena ChallengeMedical RecordsPatient PrivilegeMental Health PrivilegeRules of Civil ProcedureRules of EvidenceAppellate LawPlea to Jurisdiction
References
191
Case No. MISSING
Regular Panel Decision

Rainey v. Jefferson Village Condo No. 11 Associates

The plaintiffs, including Thomas E. Rainey, appealed orders from the Supreme Court, Westchester County, which denied their motion for summary judgment and granted the defendant's cross-motion for summary judgment, dismissing their personal injury complaint. Rainey had sustained injuries after falling from a roof while working for Montrose Construction, Inc., which was the sole general partner of the defendant, Jefferson Village Condo No. 11 Associates. The appellate court affirmed the dismissal, holding that the Workers’ Compensation Law §§ 11 and 29 barred the action against the partnership because it was considered one entity with Rainey's employer for workers' compensation purposes. The court also upheld the denial of the plaintiffs' motion to amend their complaint to add new direct claims, citing their undue delay in making the motion. Consequently, the plaintiffs' exclusive remedy remained their workers' compensation claim against Montrose.

Personal InjuryConstruction AccidentWorkers' Compensation BarExclusive RemedyPartnership LiabilityEmployer ImmunitySummary JudgmentAppellate ReviewAmended ComplaintLabor Law Violations
References
11
Case No. MISSING
Regular Panel Decision

Claim of Novara v. Cantor Fitzgerald, LP

This case concerns the allocation of workers' compensation death benefits following the death of Faul Innella in the 9/11 terrorist attacks. Initially, his 22-month-old daughter was awarded the full death benefit. Subsequently, Lucy Aita, decedent's purported fianceé, claimed a portion of the benefits as a domestic partner under Workers' Compensation Law § 4, a special retroactively applied statute for 9/11 victims. This resulted in a reduction of the daughter's benefits. The claimant (mother of the daughter), the employer, and the workers' compensation carrier appealed, arguing that Workers' Compensation Law § 4 violated equal protection, quid pro quo provisions of the NY Constitution, due process, and takings clauses. The court affirmed the lower decision, finding that the statute had a rational basis related to aiding 9/11 dependents and did not infringe upon any vested rights, thus upholding its constitutionality.

Workers' CompensationDeath BenefitsSeptember 11 AttacksDomestic PartnersEqual Protection ClauseRational Basis ReviewVested RightsDue ProcessTakings ClauseConstitutional Law
References
20
Case No. MISSING
Regular Panel Decision

In Re Terrorist Attacks on September 11, 2002

This Discovery Order, arising from consolidated actions related to the September 11, 2001 terrorist attacks, addresses disputes between the Ashton and Burnett plaintiffs and defendant National Commercial Bank (NCB). Magistrate Judge Maas ruled on the scope of limited jurisdictional discovery concerning NCB's contacts with the United States, an alleged 1998 audit, and customer bank records. The court granted discovery for a six-year period preceding the lawsuits regarding NCB's U.S. presence and ordered NCB to investigate and produce any existing 1998 audit. However, requests for underlying audit documents and specific customer bank records tied to Al Qaeda were denied due to an insufficient prima facie showing of conspiracy.

Discovery DisputeJurisdictional DiscoveryPersonal JurisdictionForeign Sovereign Immunities ActFSIAMinimum ContactsConspiracy TheorySeptember 11 AttacksNational Commercial BankSaudi Arabian Banks
References
16
Case No. MISSING
Regular Panel Decision

Graybill v. City of New York

Plaintiff Christopher Graybill, a construction worker, sued the City of New York and the Port Authority for injuries sustained while cleaning debris at the World Trade Center site after 9/11. The Port Authority removed the case to federal court, citing Section 408(b)(3) of the Air Transportation Safety and System Stabilization Act, which grants exclusive federal jurisdiction for claims 'resulting from or relating to the terrorist-related aircraft crashes' of September 11, 2001. Judge Hellerstein denied federal jurisdiction, holding that the case, involving injuries common to general construction sites and New York Labor Law claims, does not fall under the exclusive federal jurisdiction intended by Congress, as the duties and risks were not unique to the special conditions of the 9/11 site. The case was remanded to the New York Supreme Court.

Federal JurisdictionRemand9/11 LitigationWorld Trade CenterConstruction InjuryLabor LawStatutory InterpretationProximate CausationAir Transportation Safety and System Stabilization ActSouthern District of New York
References
28
Case No. MISSING
Regular Panel Decision
Jul 07, 2008

Koebel v. ew York State Comptroller

Petitioner, Rose J.E., sought accidental disability retirement benefits due to post-traumatic stress disorder (PTSD) stemming from her observation and subsequent emergency duties related to the September 11, 2001 terrorist attacks. Respondent Comptroller denied her application, citing a failure to provide timely written notice as mandated by Retirement and Social Security Law § 63 (c). The Supreme Court dismissed her CPLR article 78 petition, a decision that was subsequently appealed. The appellate court affirmed the Supreme Court's judgment, rejecting the petitioner's arguments that the widely-known events of 9/11, oral notice, her mental state as good cause, or an executive order suspending time limitations, satisfied or excused the notice requirement. The court found that the statute specifically requires notice of the member's injuries and incapacity, which the events of 9/11 alone would not convey. Furthermore, the court found no merit in the arguments regarding oral notice or the applicability of good cause exceptions or the Executive Order to extend the notice period.

Accidental Disability Retirement BenefitsPost-Traumatic Stress Disorder9/11 Terrorist AttacksTimely Written NoticeRetirement and Social Security LawCPLR Article 78Good Cause ExceptionExecutive OrderWorkers' Compensation LawAdministrative Law
References
4
Case No. MISSING
Regular Panel Decision

District Council No. 9 v. APC Painting, Inc.

Plaintiff District Council No. 9 (the Union) initiated this action under the Labor Management Relations Act to enforce several arbitration awards against APC Painting, Inc., its related APC and Apollo entities, and individual Gregory Fucci. The Union sought to confirm awards from the Joint Trade Committee (JTC) regarding violations of a collective bargaining agreement, including underpayment of wages and employment of non-union workers. Defendants moved to dismiss claims against Fucci and the Apollo entities, arguing non-participation in arbitration and denial of alter ego liability. Magistrate Judge Gorenstein denied the defendants' motion, allowing the alter ego theory to be pursued, and granted the Union's motion for partial summary judgment. The court confirmed the arbitration awards against the APC entities, affirming the limited judicial review of such awards and rejecting defendants' objections.

Labor LawArbitration AwardCollective Bargaining AgreementLMRA Section 301Alter Ego DoctrineCorporate Veil PiercingSummary JudgmentMotion to DismissWage ViolationsFringe Benefits
References
85
Case No. 21 MC 101, 04 Civ. 7272(AKH)
Regular Panel Decision
Mar 09, 2007

In Re September 11 Property Damage

This opinion addresses the legal sufficiency of third-party actions filed by Seven World Trade Company, L.P. and Silverstein Properties, Inc. (Silverstein), owners and developers of 7 World Trade Center, seeking indemnification and contribution. Silverstein, who was both a plaintiff and defendant in various lawsuits following the September 11, 2001, destruction of 7WTC, brought claims against OEM Design and Construction Defendants, Citigroup Design and Construction Defendants, and engineers Irwin Cantor and Syska. The court granted motions to dismiss from all third-party defendants. It found OEM defendants immune under the New York State Defense Emergency Act, Citigroup defendants protected by Silverstein's prior assumption of risk, and Irwin Cantor and Syska dismissed for failure to meet heightened pleading standards for licensed design professionals.

September 11 AttacksWorld Trade CenterProperty DamageBusiness LossThird-Party LitigationIndemnificationContributionMotions to DismissSDEA ImmunityAssumption of Risk
References
24
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