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

Case No. MISSING
Regular Panel Decision

Day v. Summit Security Services Inc.

The plaintiff, a security guard, brought a retaliation claim under Labor Law § 215 against his former employer, Summit Security Services Inc., and alleged co-employers, New York City Health and Hospitals Corporation (HHC) and Kirk Leon. Plaintiff alleged termination resulted from a complaint about underpayment by a prior employer. HHC and Leon moved to dismiss, arguing no right of action, while Summit argued it was not the employer at the time of the protected activity. The court denied HHC and Leon's motion, concluding HHC could be considered 'any other person' under the expanded Wage Theft Prevention Act and was not exempt as a political subdivision. Summit's motion to dismiss was granted, as the court found Labor Law § 215 applied only to employers at the time of the protected activity, and the WTPA did not explicitly extend liability to subsequent employers.

RetaliationLabor Law Section 215Wage Theft Prevention ActWTPAEmployer LiabilityStatutory InterpretationMotion to DismissPrevailing WageSecurity IndustryCo-employer Liability
References
16
Case No. MISSING
Regular Panel Decision

Washington v. Securitas Security Services USA, Inc.

Plaintiff Jermaine Washington, a Black employee, filed a pro se employment discrimination and retaliation lawsuit against Securitas Security Services USA, Inc., under Title VII of the Civil Rights Act of 1964. Washington alleged racial discrimination based on increased payroll responsibilities, denied transfers to higher-paying sites, and a manager's "threatening" email. He also claimed retaliation after being allegedly threatened with termination for not signing employment documents and experiencing a temporary loss of compensation during a transfer. The court, presided over by Hon. Michael A. Telesca, granted the defendant's motion for summary judgment, finding that Washington failed to establish a prima facie case for discrimination and that the alleged retaliatory actions did not constitute materially adverse employment actions or were not causally linked to protected activity. Consequently, Washington's complaint was dismissed with prejudice.

Racial DiscriminationRetaliationTitle VIISummary JudgmentAdverse Employment ActionFailure to PromoteEmployment At-WillPayroll ResponsibilitiesEmployer-Employee DisputeFederal Court
References
35
Case No. MISSING
Regular Panel Decision
Dec 17, 1999

Wayburn v. Madison Land Ltd.

Plaintiffs Robert Wayburn and E.S. were victims of a violent crime (robbery, assault, and rape) in an office building. They, along with Doris McGarty, sued multiple defendants, including the building's managing agent, Rose Associates, and the security provider, Primary Security Services, alleging negligence. The Supreme Court initially granted summary judgment to all defendants. On appeal, the decision was modified: summary judgment was denied for Rose Associates, and the complaint against them was reinstated. Rose's cross-claims against Primary Security Services were converted to third-party claims. The dismissal of direct claims against Primary Security Services and Rosenthal & Herman, P. C. was affirmed.

NegligenceSummary Judgment AppealForeseeability of CrimeLandlord LiabilityManaging Agent NegligenceSecurity BreachPremises SecurityDuty of CareReinstatement of ClaimsThird-Party Claims
References
9
Case No. MISSING
Regular Panel Decision

Volt Technical Services Corp. v. Immigration & Naturalization Service

Plaintiff Volt Technical Services Corp. applied for H-2 visas for nuclear start-up technicians, which the Immigration and Naturalization Service (INS) denied, asserting the need was permanent, not temporary. After the denial was affirmed on appeal, Volt filed suit, alleging the INS's decision was arbitrary and capricious. The court upheld the INS's interpretation of the Immigration and Nationality Act § 101(a)(15)(H)(ii), which requires the employer's need for services to be temporary, not just the individual assignments. Finding that Volt demonstrated a recurring need for such technicians over several years, the court granted the INS's motion for judgment on the pleadings and denied Volt's.

Immigration LawH-2 visasNonimmigrant WorkersTemporary EmploymentImmigration and Nationality ActAdministrative Procedures ActDeclaratory Judgment ActAgency InterpretationJudicial ReviewNuclear Industry
References
5
Case No. 2020 NY Slip Op 05472 [187 AD3d 452]
Regular Panel Decision
Oct 06, 2020

Richards v. Security Resources

The Appellate Division, First Department, affirmed an order from the Supreme Court, New York County, which granted defendant Security Resources' motion to dismiss the complaint and denied plaintiff Alroy Richards' cross-motions. The court found that Security Resources timely moved to dismiss and that the plaintiff's denial of service was insufficient to rebut the presumption of proper service. Furthermore, the plaintiff's claims for wrongful discharge, intentional infliction of emotional distress, and defamation were dismissed for failing to state a cause of action. Negligence claims were barred by the Workers' Compensation Law, and the individual defendant, Joseph Katanga, was found not to have been properly served, rendering discovery motions moot.

Dismissal of complaintMotion to dismissService of processAffidavit of serviceWrongful dischargeAt-will employmentIntentional infliction of emotional distressDefamationQualified privilegeNegligence claims
References
13
Case No. MISSING
Regular Panel Decision

Americredit Financial Services, Inc. v. Oxford Management Services

AmeriCredit Financial Services, Inc. (AmeriCredit) commenced an action to confirm an arbitration award against Oxford Management Services (OMS). OMS cross-moved to vacate the award, alleging the arbitrator exceeded his powers by dismissing a counterclaim and manifestly disregarded the law. The arbitrator had dismissed OMS's counterclaim for spoilation of evidence. The Court affirmed the arbitrator's decision, finding he did not exceed his authority under the RSA by dismissing the counterclaim or by interpreting the contract terms regarding account termination. The Court also found no manifest disregard for the law, concluding the arbitrator's decision was rationally supported by the record. Consequently, AmeriCredit's motion to confirm the award was granted, and OMS's motion to vacate was denied.

Arbitration Award ConfirmationArbitration Award VacaturFederal Arbitration ActManifest Disregard of LawArbitrator PowersSpoilation of EvidenceContract InterpretationCollection Agency DisputeSummary ProceedingJudicial Review of Arbitration
References
41
Case No. MISSING
Regular Panel Decision

Najarro v. Summit Security Services, Inc.

In 1985, an 18-year-old plaintiff was critically injured while employed by A&P, necessitating lifelong institutional care. The Workers' Compensation Board ruled A&P responsible for plaintiff's wages, but the New York City Department of Social Services (DSS) mistakenly paid for his medical care from 1987 to 1996. A dispute arose regarding whether A&P's waiver of an 'existing' workers' compensation lien included these past medical bills after a $1 million settlement with defendant Summit Security Services. The IAS Court initially ordered A&P's administrator, Crawford & Co., to pay Beth Abraham Health Services $779,325 for past services, with Beth Abraham then reimbursing DSS. The appellate court reversed this order, vacating it and remanding the matter to Supreme Court for a hearing to determine the exact amount of the DSS Medicaid lien against A&P/Crawford. The court also ruled that medical providers should not be involved in reimbursing DSS, and any further compensation claims by Beth Abraham against A&P/Crawford, beyond the Medicaid rate, must be determined by the Workers' Compensation Board in accordance with the Workers' Compensation Law.

Medicaid ReimbursementLien WaiverJurisdictionAppellate ReviewSettlement Agreement InterpretationMedical BenefitsEmployer ResponsibilityInsurance AdministratorThird-Party DefendantStatutory Interpretation
References
3
Case No. MISSING
Regular Panel Decision

Sowemimo v. D.A.O.R. Security, Inc.

Plaintiff Debrah Sowemimo sued D.A.O.R. Security, Inc., her supervisor Mohammed Islam, the NYC Department of Homeless Services (DHS), and Deputy Director Leandra Barbieri, alleging employment discrimination, sexual harassment, retaliatory discharge, racial discrimination, negligence, and intentional torts. Sowemimo claimed Islam sexually harassed and assaulted her, and Barbieri made racial slurs. The court denied summary judgment for D.A.O.R. on sexual harassment and retaliatory discharge claims, and for Islam on sexual harassment and intentional torts. However, summary judgment was granted for DHS and Barbieri on all claims, and for D.A.O.R. on negligence and intentional torts, finding DHS was not Sowemimo's employer and D.A.O.R.'s conduct didn't meet the threshold for emotional distress.

Sexual HarassmentRetaliatory DischargeRacial DiscriminationHostile Work EnvironmentSummary Judgment MotionTitle VIINew York State Human Rights LawNew York City Human Rights LawEmployer LiabilityVicarious Liability
References
29
Case No. MISSING
Regular Panel Decision

Western Regional Off-Track Betting Corp. v. Service Employees International Union

Plaintiff Western Regional Off-Track Betting Corporation (OTB) moved for summary judgment, seeking to define its job security obligations, declare defendant's interference with 'interface' illegal, and obtain a permanent injunction. Defendant Service Employees International Union, AFL-CIO, Local 235 (Local 235) cross-moved for summary judgment, requesting dismissal of the complaint and an order compelling OTB to negotiate a job security agreement. The central issue revolved around whether the Off-Track Pari-Mutuel Betting Law allowed OTB to unilaterally establish job security provisions or mandated bilateral negotiation with the union. The court concluded that legislative intent and regulations (9 NYCRR 5203.5) required bilaterally negotiated agreements. Consequently, the court denied OTB's motion and granted Local 235's cross-motion, ordering OTB to negotiate a job security agreement.

Job SecurityOff-Track Betting LawPari-Mutuel BettingCollective BargainingSummary JudgmentUnion RightsStatutory InterpretationRacing and Wagering BoardLabor DisputeNegotiated Agreements
References
11
Case No. 09-CV-4074 (ADS)(AKT)
Regular Panel Decision

In re Gentiva Securities Litigation

This case involves a consolidated securities fraud class action filed by the Los Angeles City Employees’ Retirement System (LACERS) against Gentiva Health Services, Inc., and several of its executives. LACERS alleged that Gentiva inflated its stock price by ordering medically unnecessary home health services and billing Medicare for them. After initial dismissals and amendments, the court addressed a motion for partial reconsideration. The court dismissed remaining claims against former CFO John R. Potapchuk and the corporate entity Gentiva but sustained Section 10(b) and 20(a) claims against former CEO Ronald A. Malone, based on a theory of motive and opportunity related to insider stock sales.

Securities FraudClass ActionStock ManipulationMedicare FraudScienterMotive and OpportunityControl Person LiabilityPSLRARule 10b-5Securities Exchange Act of 1934
References
51
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