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

Case No. ADJ6859121
Regular
Mar 24, 2016

ALVARO GIRON vs. ARI THANE FOAM PRODUCTS, INC., STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) denied the applicant's Petition for Removal. Removal is an extraordinary remedy granted only upon a showing of substantial prejudice or irreparable harm. The WCAB found that the applicant failed to demonstrate such prejudice, particularly concerning a dispute over Dr. Laqui's deposition fees. The WCAB adopted the WCJ's report, which concluded that reconsideration would be an adequate remedy if necessary. Therefore, the petition for removal was denied.

Petition for RemovalWorkers' Compensation Appeals BoardQualified Medical EvaluatorQME panelinternal medicinerheumatologydepositionrecord reviewfee schedulesubstantial prejudice
References
2
Case No. MISSING
Regular Panel Decision
May 20, 1994

Twyford v. Production Associates, Inc.

Production Associates, Inc. appealed an order from the Supreme Court, Richmond County, which granted McDonald’s Corporation’s motion to dismiss a third-party complaint. The primary action involved Thomas E. Twyford, a McDonald's employee, who sued Production Associates for injuries suffered at a convention. Production Associates then sought contribution from McDonald's. The Supreme Court initially applied Pennsylvania law, leading to the dismissal of the third-party complaint. However, the appellate court reversed this decision, concluding that Illinois law should apply based on an 'interests analysis' approach, as both Production Associates and McDonald's have significant ties to Illinois. Illinois workers' compensation law, unlike Pennsylvania's or New Jersey's, does not preclude third-party contribution claims against an employer.

Personal InjuryThird-Party ActionWorkers' CompensationChoice of LawConflict of LawsContribution ClaimsSummary JudgmentAppellate ReviewIllinois LawPennsylvania Law
References
4
Case No. MISSING
Regular Panel Decision

Smith v. Positive Productions

Jonathan Smith, known as Lil Jon, petitioned the District Court to vacate or modify an arbitration award in favor of Positive Productions, a Japanese concert promoter. The dispute arose from Smith's failure to perform three concerts in Japan as per initial and rescheduled agreements, leading to their cancellation. The International Centre for Dispute Resolution arbitrator, Mark Diamond, awarded Positive Productions $379,874.00 for lost profits, expenses, legal fees, and loss of reputation. Smith argued improper notice of arbitration, lack of arbitrator jurisdiction, and manifest disregard of New York law regarding damages. The District Court, presided by Judge Mukasey, denied Smith's petition and granted Positive Productions' cross-petition to confirm the award, finding that Smith received sufficient notice, the arbitrator had jurisdiction, and the damage awards were justified under the law.

Arbitration AwardContract BreachLost ProfitsExpensesReputation DamagesAttorneys' FeesNoticeJurisdictionFederal Arbitration ActNew York Law
References
54
Case No. MISSING
Regular Panel Decision

Amity Leather Products Co. v. RGA Accessories, Inc.

Amity Leather Products Co. moved to hold RGA Accessories, Inc. in civil contempt for violating a prior injunction that prohibited RGA from using Amity's product photographs for its own competing products. Amity alleged RGA used a photo of its 'Macro bag' to promote the 'Petite Valise' through their joint venture, Smithy Accessories. The court found clear and convincing evidence of the violation, noting identical markings on the products in photographs. It rejected RGA's defenses of diligence and shifting blame to its joint venture partner. The court granted Amity's motion, ordering RGA to account for and pay profits from sales to J.C. Penney, cease further use of the promotional material, and issue a disclaimer to all recipients.

Contempt of CourtInjunction ViolationLanham ActFalse AdvertisingJoint Venture LiabilityCivil ContemptUnjust EnrichmentCease and DesistDisclaimerPhotographic Evidence
References
7
Case No. MISSING
Regular Panel Decision

Collins v. Promark Products, Inc.

Plaintiff Terry Collins, an employee of the government’s National Park Service, was injured on Ellis Island while using a stump grinder manufactured by defendant Promark Products, Inc. Plaintiff, who had been receiving workers’ compensation benefits, initiated a products liability action against Promark. Promark subsequently impleaded the United States government, alleging negligence in machine maintenance and inadequate instruction. The government moved for summary judgment, contending that New Jersey law should apply under the Federal Tort Claims Act, which would bar the third-party action as workers' compensation would be the sole liability. The court examined an 1833 agreement between New Jersey and New York, consented to by Congress, establishing jurisdictional and territorial limits. The court concluded that New York law applies to the areas on Ellis Island where the tort occurred, granting New York exclusive jurisdiction despite New Jersey's property rights to the underwater land. Consequently, the government’s motion for summary judgment was denied.

Personal InjuryProducts LiabilityFederal Tort Claims ActWorkers' CompensationJurisdictionSummary JudgmentInterstate CompactEllis IslandGovernment Liability
References
4
Case No. MISSING
Regular Panel Decision

Acorne Productions, LLC v. Tjeknavorian

This case details a dispute between Acorné Productions, LLC and Shant Mardirossian (plaintiffs) and Zareh Tjeknavorian and Alina Tjeknavorian (defendants) concerning the production of a film about the Armenian Genocide. Plaintiffs initiated a lawsuit in New York state court, citing various state law claims due to the defendants' alleged failure to deliver the film. The defendants subsequently removed the case to federal court, contending that the claims fell under the Copyright Act, and also introduced counterclaims seeking declaratory judgment and asserting breach of contract. The court ultimately concluded that neither the plaintiffs' claims nor the defendants' counterclaims established federal subject matter jurisdiction under the Copyright Act. Consequently, the court granted the plaintiffs' motion to remand the case to New York state court but denied their request for attorneys' fees, recognizing that the defendants had an objectively reasonable basis for their initial removal.

copyright disputecontract lawfederal jurisdictionremandattorneys' feesfilm productionstate law claimsdeclaratory judgmentbreach of contractwork for hire doctrine
References
20
Case No. MISSING
Regular Panel Decision

Barry & Sons, Inc. v. Instinct Productions LLC

Plaintiff Blackground Records, Inc., sued defendant Instinct Productions, LLC, seeking a declaratory judgment and alleging negligence following the tragic death of R&B vocalist Aaliyah during the production of a music video. Blackground argued Instinct was contractually liable for losses and negligent in Aaliyah's transportation. Instinct moved to dismiss both claims, asserting that the contract clause was for third-party indemnification and that an employer cannot recover for an employee's wrongful death. The court granted Instinct's motion to dismiss the declaratory judgment claim, interpreting the contract as a standard third-party indemnification clause. However, the court denied dismissing the negligence claim, finding that Aaliyah was a "principal asset" of Blackground, thereby allowing the negligence claim to proceed as a claim for damage to a valuable property asset.

declaratory judgmentnegligencecontract disputemotion to dismissindemnification clausethird-party liabilitywrongful death claimemployer-employee relationshipproperty assetmusic video production
References
30
Case No. MISSING
Regular Panel Decision

Pollack v. Safeway Steel Products, Inc.

Plaintiff Emil Pollack, a mason tender, fell from scaffolding while working on a Lowe's store construction site in Orangeburg, New York, on September 25, 2002, sustaining injuries. He sued Safway Steel Products, Inc., March Associates (general contractor), Orangeburg Holding, LLC (land owner), and Lowe's Home Centers, Inc. (developer), alleging violations of New York Labor Law §§ 240(1), 241(6), and 200, along with common law negligence and strict products liability. Both plaintiff and defendants filed motions for summary judgment. The court denied the plaintiff's motion for summary judgment under Labor Law §§ 240(1) and 241(6) against March, Lowe's, and Orangeburg due to factual disputes. The court also denied March, Lowe's, and Orangeburg's cross-motion for summary judgment. Safway's motion for summary judgment was granted for the Labor Law § 200 claim but denied for §§ 240(1) and 241(6) claims. March's request for contractual and common law indemnification from CMC Concrete Masonry (a subcontractor and third-party defendant) was denied for summary judgment purposes due to unresolved issues of fault.

Summary judgmentLabor LawScaffolding accidentConstruction site injuryProximate causeContributory negligenceNon-delegable dutyGeneral contractor liabilityOwner liabilityThird-party action
References
32
Case No. MISSING
Regular Panel Decision
Mar 03, 2015

Gesualdi v. Seacoast Petroleum Products, Inc.

Plaintiffs, the Trustees and Fiduciaries of various Local 282 Welfare, Pension, Annuity, Job Training, and Vacation and Sick Leave Trust Funds, initiated an action against Seacoast Petroleum Products, Inc. to recover unpaid liabilities and contributions. This action arose from two audits that identified delinquent contributions and the defendant's complete withdrawal from the Funds. Following Seacoast Petroleum Products, Inc.'s default, the Plaintiffs moved for a default judgment. United States Magistrate Judge Steven I. Locke recommended granting the motion and awarding specific damages. District Judge Spatt subsequently adopted the Report and Recommendation in its entirety, granting the default judgment and ordering damages totaling $156,898.74, along with daily interest, liquidated damages, audit fees, attorneys' fees, and costs.

Default JudgmentERISAUnpaid ContributionsWithdrawal LiabilityEmployee BenefitsMulti-employer PlansCollective Bargaining AgreementTrust AgreementPrejudgment InterestLiquidated Damages
References
48
Case No. MISSING
Regular Panel Decision

Gagen v. Kipany Productions, Ltd.

This case concerns an appeal regarding a Labor Law article 6 claim, specifically whether the plaintiff, Gagen, was an employee or an independent contractor of Kipany Productions, Inc. The defendant's cross-motion for summary judgment was granted based on evidence from the plaintiff's tax returns. These returns showed the plaintiff claiming deductions consistent with independent contractor status, contradicting a previous affidavit. Due to these significant conflicts, the self-serving affidavit was disregarded. The Supreme Court's decision to grant summary judgment was affirmed by the appellate court.

Employment lawIndependent contractorOvertime compensationSummary judgmentTax returnsAffidavitEvidentiary conflictAppellate reviewLabor Law Article 6Worker classification
References
10
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