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

Case No. 2022 NY Slip Op 05964 [209 AD3d 596]
Regular Panel Decision
Oct 25, 2022

Pirozzo v. Laight St. Fee Owner LLC

Plaintiff Paul Pirozzo sought summary judgment on his Labor Law § 240 (1) claim against defendants Laight Street Fee Owner LLC, Laight Street Fee Owner II LLC, and Sciame Construction, LLC, which was granted by the Supreme Court. The Appellate Division, First Department, affirmed this decision. The plaintiff established a prima facie case by demonstrating that the scaffold he was working on collapsed without an apparent reason. The defendants' arguments that the plaintiff was the sole proximate cause, either by failing to lock scaffold pins or remaining on the scaffold while it was moved, were deemed unavailing. The court noted that these actions, even if proven, would amount to comparative negligence, which is not a defense to a Labor Law § 240 (1) claim, and there was no evidence of specific instructions to the plaintiff that were disobeyed.

Summary judgmentLabor Law § 240 (1)Scaffold collapseSole proximate causeComparative negligenceWorkers' compensation Form C-2Hearsay objectionPersonal knowledgeRecalcitranceAppellate Division
References
9
Case No. MISSING
Regular Panel Decision

Brooks v. Northglen Ass'n

This case involves a declaratory judgment action brought by Geneva Brooks and other Northglen property owners challenging Northglen Association's attempts to increase and accumulate annual assessments and impose late fees. The Supreme Court of Texas affirmed the court of appeals' judgment on restricting assessment increases for Sections One and Two to $120 and allowing the assessment of $35 late fees. However, it reversed the court of appeals' decision regarding the accumulation of fee increases for Sections Four and Five, holding that the deed restrictions explicitly tied increases to the previous year's assessment, thereby precluding accumulation. The Court also vacated lower court judgments for Sections Three and Six due dismissing those claims due to a lack of subject matter jurisdiction, as no property owners from these sections were joined in the suit. Finally, the denial of attorney's fees by the trial court was affirmed, recognizing that both parties pursued legitimate interests.

Homeowners AssociationDeclaratory JudgmentAnnual AssessmentsLate FeesDeed RestrictionsProperty CodeAccumulation of FeesForeclosure LawContract ClauseJurisdiction
References
22
Case No. 04-MD-1596
Regular Panel Decision
Mar 20, 2006

In Re Zyprexa Products Liability Litigation

This order by Senior District Judge Weinstein addresses legal fee allocation in a coordinated multi-district litigation against Eli Lilly & Company concerning the prescription drug Zyprexa. Following a partial settlement covering approximately 8,000 individual plaintiffs, the court adopted a proposal from special settlement masters regarding fee caps. The court modified the proposed cap, reducing it from 37.5% to 35% for most recoveries, while maintaining a 20% cap for "Track A" settlements. The special masters are granted discretionary authority to adjust fees within a range of 30% to 37.5% based on individual case circumstances, with appeal rights to the court. The decision emphasizes the court's inherent authority to supervise attorney fees, particularly in quasi-class actions and mass litigations, to ensure fairness and prevent excessive charges to clients, drawing parallels to class action rules and state laws limiting contingent fees.

Mass TortMulti-District LitigationFee AllocationContingency FeesAttorney FeesEthical SupervisionSettlementZyprexa LitigationQuasi-Class ActionJudicial Discretion
References
23
Case No. MISSING
Regular Panel Decision

In re Currency Conversion Fee Antitrust Litigation

This Memorandum and Order addresses plaintiffs' motion for reconsideration of a prior decision concerning a class action alleging an antitrust price-fixing conspiracy by VISA, MasterCard, and their member banks related to foreign currency conversion fees. The Court denied the plaintiffs' motion for reconsideration, upholding its earlier finding that network defendants did not waive their right to arbitration because compelling arbitration would have been futile under then-existing law. Additionally, the Court denied reconsideration on several other procedural matters, including the creation of subclasses, membership of specific cardholder subclasses, representation of Diners Club and Providian cardholders, and a request for further discovery, citing the untimeliness of new arguments and the plaintiffs' failure to meet the burden of proof for class certification requirements.

Antitrust LitigationClass Action ProcedureArbitration AgreementsWaiver of ArbitrationEquitable EstoppelForeign Currency Conversion FeesReconsideration MotionSherman ActTruth in Lending ActDeceptive Trade Practices
References
43
Case No. MISSING
Regular Panel Decision
May 01, 2005

In Re Balderas

This decision addresses post-confirmation attorneys' fees in Chapter 13 bankruptcy cases, using the Balderas case as a factual background. The debtors in the Balderas case sought modification of their plan due to payment defaults and requested $350 in attorney's fees for the motion. The court outlines the history of the Balderas' numerous modifications, moratoriums, and associated attorney fee awards, totaling $3,495, highlighting how these fees were paid out of plan distributions at the expense of creditors. The court analyzes sections 1326(b)(1) and 330(a)(4)(B) of the Bankruptcy Code to determine the reasonableness and payment method of such fees. Ultimately, the court establishes new rules for post-confirmation attorney fee awards in the Western District of Texas, San Antonio Division, including a $2,500 prima facie base fee, a $100 per month payment rate for additional fees, and specific guidelines for various types of motions. The current $350 fee request for the Balderas case's moratorium is approved but with caution against future similar requests.

BankruptcyChapter 13Attorneys' FeesPost-Confirmation FeesPlan ModificationCreditor DistributionsSecured ClaimsAdministrative ExpensesDebtor RepresentationFeasibility
References
26
Case No. MISSING
Regular Panel Decision

Yeshiva University v. New England Educational Institute, Inc.

In a Lanham Act action, defendants, who prevailed after a jury trial against plaintiff Yeshiva, sought approximately $50,000 in attorney's fees. The application presented a novel question: whether a prevailing defendant is entitled to fees when the plaintiff's liability claims were asserted in good faith but the damage claims were grossly exaggerated. The court first affirmed the applicability of the Lanham Act's attorney fee provision, § 35(a), to actions involving unregistered marks, citing precedent. Despite acknowledging the plaintiff's highly exaggerated damage claims, the court determined that the case, which was close on the merits regarding the initial copying allegations, did not meet the 'exceptional cases' standard required for awarding attorney's fees to a prevailing defendant. Consequently, the defendants' application for attorney's fees was denied.

Lanham ActAttorney's FeesPrevailing DefendantExceptional CasesUnregistered MarkDamage ClaimsExaggerated DamagesGood Faith LitigationJury VerdictNon-profit Dispute
References
7
Case No. MISSING
Regular Panel Decision

King v. Allied Vision, Ltd.

This case involves a plaintiff's motion for attorney's fees following a remand from the Second Circuit Court of Appeals. Plaintiff Stephen King sought fees due to defendant New Line Cinema's contempt of court for numerous violations of a Final Consent Decree concerning the misattribution of 'The Lawnmower Man' film. The District Court had previously found the defendant in contempt and awarded fees in 1994 and 1995. The Second Circuit affirmed some parts of the 1994 order but vacated others, along with the entire 1995 order, remanding the attorney's fees issue for reconsideration, specifically questioning the willfulness of the noncompliance. Upon review, this court concluded that while the defendant's conduct was negligent and contumacious, it did not meet the clear and convincing evidence standard for willfulness required for an award of attorney's fees for civil contempt under Second Circuit law. Consequently, the plaintiff's motion for attorney's fees was denied.

Civil ContemptAttorney's FeesWillfulness StandardSecond Circuit RemandConsent Decree ViolationsLanham ActFilm MisattributionThe Lawnmower ManInjunctive ReliefCompensatory Damages
References
27
Case No. MISSING
Regular Panel Decision
Feb 21, 2014

Marin v. Constitution Realty, LLC

This case involves an appeal from an order regarding the division of attorneys' fees among Sheryl Menkes (appellant), David B. Golomb, and Jeffrey A. Manheimer (respondents). Menkes, attorney of record for plaintiffs in a personal injury action, had agreements with both Golomb and Manheimer for fee sharing. The primary dispute concerned Golomb's share, contingent on whether the case settled at a specific mediation session (12% fee) or later (40% fee). The court affirmed the lower court's decision, finding the contract unambiguous that the mediation session concluded on a specific date, entitling Golomb to the higher fee, and that Manheimer was entitled to 20% as per his agreement. The court rejected Menkes's arguments based on contract interpretation and professional conduct rules.

Attorney's FeesContract InterpretationMediation AgreementFee DisputePersonal Injury ActionQuantum MeruitProfessional ConductNew York LawSettlement NegotiationsStructured Settlement
References
13
Case No. MISSING
Regular Panel Decision

Martin v. TRAVELERS INDEMNITY CO. OF RHODE ISLAND

This case examines whether attorney fees can be recovered from a workers’ compensation carrier under TEX.REV.CIV.STAT.ANN. art. 2226, in addition to fees already awarded under art. 8306, § 7c. The appellant argued that a workers' compensation claim against the carrier, based on a contract, should allow for additional attorney fees under article 2226. However, the court ruled against this, citing that article 2226 is not applicable when attorney fees are already available through other specific statutes. The decision referenced prior cases like Prudential Insurance Co. of America v. Burke, which established that article 2226 excludes claims against insurance companies where other statutes provide for attorney fees. Consequently, the appellate court affirmed the trial court's denial of additional attorney fees.

Attorney FeesWorkers' Compensation LawStatutory InterpretationTexas Civil StatutesInsurance Contracts ExclusionLegislative IntentAppellate ReviewLegal PrecedentIndemnityCarrier Liability
References
2
Case No. MISSING
Regular Panel Decision

Claim of Zizolfo v. Western Electric Co.

This case involves an appeal from a Workers’ Compensation Board decision, filed on November 29, 1978, concerning an attorney's fee. The claimant's attorney, designated as the appellant, sought an additional $1,500 fee, contending that the initial $500 awarded by a referee was inadequate. The Board, however, determined that the appellant had been sufficiently compensated for services rendered. The appellate court, referencing section 24 of the Workers’ Compensation Law, affirmed the Board's decision, asserting that its determination on attorney's fees would only be disturbed if the fee was arbitrarily, capriciously, or unreasonably low. Finding no such grounds, the court upheld the Board's original ruling.

Attorney's FeesAppellate ReviewBoard DecisionFee DisputeJudicial DiscretionCompensation AwardsLegal ServicesAffirmationAdministrative Appeal
References
2
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