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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

Cephalon, Inc. v. Travelers Companies, Inc.

Plaintiff Cephalon, Inc. initiated a declaratory judgment action against The Travelers Companies, Inc. and its four subsidiaries in the Southern District of New York. Cephalon sought a declaration that its off-label promotion of the drug Actiq did not violate the FDCA and caused no injury to Travelers. This suit was filed after Travelers, a workers' compensation insurer, sent pre-suit settlement demands to Cephalon, accusing it of causing damages through off-label drug promotion. Travelers moved to dismiss or transfer the case. The court granted Travelers' motion to dismiss, ruling that Cephalon's declaratory action was improperly anticipatory, having been filed in direct response to Travelers' specific threat of litigation and impending deadlines.

Declaratory JudgmentImproperly AnticipatoryFirst-Filed RuleMotion to DismissFederal Rule of Civil Procedure 12(b)(6)Off-Label Drug PromotionFood, Drug and Cosmetics ActInsurance DisputeWorkers' CompensationForum Selection
References
19
Case No. MISSING
Regular Panel Decision

Daniels v. Zelco, Inc.

Edward Daniels, injured at work, received workers' compensation benefits. He and his wife, Darlene Daniels, sued his employer, St. Johnsbury Trucking Company, Inc., and its parent company, Sun Company, Inc., for personal injuries and wrongful discharge. The Supreme Court denied the defendants' motion for summary judgment. On appeal, the order was reversed; the court ruled that Daniels' acceptance of workers' compensation was his exclusive remedy, precluding further negligence claims against his employer. Additionally, the wrongful discharge claim was dismissed due to the at-will employment doctrine and the mandatory arbitration clause in the collective bargaining agreement. The derivative claim for loss of consortium by Darlene Daniels also failed.

Workers' CompensationSummary JudgmentExclusive RemedyWrongful DischargeCollective Bargaining AgreementArbitrationRes JudicataParent Company LiabilityLoss of ConsortiumAppellate Review
References
5
Case No. Docket # 7
Regular Panel Decision

Empire Enterprises JKB, Inc. v. Union City Contractors, Inc.

This case involves a breach of contract claim by Empire Enterprises JKB, Inc. against Union City Contractors, Inc. for unpaid debris removal services, and a Miller Act claim against Union City's sureties, Nova Casualty Company and Nova American Groups, Inc. After a bench trial in January 2008, Union City filed for bankruptcy, leading to an automatic stay on claims against them. The court, however, proceeded with Empire's Miller Act claim against Nova. The primary dispute concerned the quantity of debris removed, with Empire claiming 11,470 cubic yards. The court found Empire's evidence credible and rejected Nova's fraud defense, ultimately granting judgment in favor of Empire against Nova for $84,653.63, plus prejudgment interest.

Miller Act claimPayment bondBreach of contractSurety liabilityFederal public works projectDebris removalCubic yardage disputePrejudgment interestAttorney's fees deniedFraud affirmative defense
References
29
Case No. 2021 NY Slip Op 06975
Regular Panel Decision
Dec 14, 2021

WDF Inc. v. Vamco Sheet Metals, Inc.

The Appellate Division, First Department, affirmed an order from the Supreme Court, New York County, which granted plaintiff WDF Inc.'s motion for partial summary judgment on its breach of contract claim against Vamco Sheet Metals, Inc. WDF Inc. successfully demonstrated that Vamco Sheet Metals, Inc. breached their subcontract by failing to provide sufficient workers for the project. The court found Vamco Sheet Metals, Inc.'s arguments unavailing. Fidelity and Deposit Company Maryland was involved as a third-party defendant in the proceedings.

Breach of ContractSummary JudgmentSubcontract DisputeAppellate ReviewFailure to PerformJudicial AffirmationContract LawThird-Party ActionConstruction LawNew York Law
References
4
Case No. 2017 NY Slip Op 06253
Regular Panel Decision
Aug 23, 2017

Ecoline, Inc. v. W.H. Peepels Co., Inc.

In a breach of contract action, the plaintiff, Ecoline, Inc., an insulation subcontractor, sought damages from defendants W.H. Peepels Company, Inc., for unpaid work on a commercial building renovation. The Supreme Court, Queens County, granted Ecoline, Inc.'s motion for summary judgment in the principal sum of $53,442.57 but limited statutory interest from May 11, 2006. On appeal, the Appellate Division, Second Department, affirmed the summary judgment in favor of Ecoline, Inc. However, the appellate court reversed the lower court's decision regarding statutory interest, determining that it should be awarded from June 12, 2001, as this was the earliest ascertainable date the cause of action existed. The Court concluded that Ecoline, Inc. met its prima facie burden for breach of contract, and the defendants failed to raise a triable issue of fact.

Breach of ContractSummary JudgmentStatutory InterestAppellate ReviewSubcontractorConstructionDamagesInvoice DisputeNew York Appellate DivisionCivil Procedure
References
8
Case No. MISSING
Regular Panel Decision

Commerce Holding Co., Inc. v. Buckstone

Plaintiff Commerce Holding Company, Inc. sued defendants Stanley and Herbert Buckstone, the Roth defendants (executors of Jerrold Roth's estate), and Tronic Plating Company, Inc. for environmental contamination under CERCLA, RCRA, and various state common law claims related to a hazardous waste site in Farmingdale, New York. Commerce, as the property owner, incurred response costs under an EPA consent order due to Tronic's past discharge of toxic substances and sought relief from the defendants. The defendants moved to dismiss the complaint, and Commerce cross-moved for partial summary judgment on CERCLA liability. The Court dismissed the pendent state claims without prejudice, denied the motion to dismiss the CERCLA claim, and deferred decision on the RCRA claim pending further briefing. Commerce's motion for partial summary judgment was denied without prejudice.

Environmental LawCERCLARCRAHazardous Waste SitePollution LiabilityMotion to DismissSummary JudgmentPendent JurisdictionResponse CostsNational Contingency Plan
References
19
Case No. CA 10-00545
Regular Panel Decision
Feb 10, 2011

HAHN AUTOMOTIVE WAREHOUSE, INC. v. AMERICAN ZURICH INSURANCE COMPANY

Hahn Automotive Warehouse, Inc. (plaintiff) initiated a breach of contract action against American Zurich Insurance Company and Zurich American Insurance Company (defendants), contending that bills issued under insurance contracts were time-barred. Defendants counterclaimed for damages stemming from plaintiff's alleged breach of these contracts. The Supreme Court partially granted plaintiff's cross-motion, deeming counterclaims for debts arising over six years prior as time-barred. Concurrently, it permitted defendants to utilize a $400,000 letter of credit to satisfy any outstanding debt, including those deemed time-barred. On appeal, the Appellate Division affirmed the use of the letter of credit for time-barred debts, reasoning that the statute of limitations only bars the remedy, not the underlying obligation. The court also affirmed that defendants' counterclaims for debts over six years old were time-barred, as the right to demand payment accrued earlier. Finally, the court modified the order to dismiss plaintiff's second through fourth causes of action. A dissenting opinion argued that the counterclaims were not time-barred, asserting that the cause of action accrued upon demand and refusal of payment, not merely when the right to demand payment existed.

Breach of contractInsurance contractsStatute of limitationsLetter of creditSummary judgmentAppellate reviewContract interpretationTime-barred claimsAccrual of cause of actionRetrospective premiums
References
23
Case No. action No. 2
Regular Panel Decision

U.W. Marx, Inc. v. Koko Contracting, Inc.

Koko Contracting, Inc., a subcontractor, ceased work on a school construction project after U.W. Marx, Inc., the general contractor, failed to make three successive progress payments. Marx declared Koko in default and terminated the contract. In action No. 2, the Supreme Court found in favor of Koko, ruling that Marx's failure to pay was a material breach of contract. Marx and its surety, Continental Casualty Company, appealed, arguing Koko's recovery was precluded by its failure to provide seven days' written notice before suspending work as required by the subcontract. The appellate court affirmed the lower court's decision, holding that Marx's prior material breach relieved Koko from its obligation to strictly comply with the notice provision, as the clause was primarily for the subcontractor's benefit regarding remobilization costs.

Construction ContractMaterial BreachNonpaymentSubcontractorGeneral ContractorAppealNotice to CureSuspension of WorkContract PerformanceContractual Obligations
References
9
Case No. 2020 NY Slip Op 03985 [185 AD3d 485]
Regular Panel Decision
Jul 16, 2020

Goundan v. Pav-Lak Contr. Inc.

The Appellate Division, First Department, affirmed an order denying intervenor Norguard Insurance Company's motion for summary judgment. Norguard, the workers' compensation carrier for third-party defendant D&D Electrical Construction Company Inc., sought to dismiss common-law indemnification and contribution claims, arguing plaintiff Ashton Goundan's brain injuries did not constitute "grave injuries" under the Workers' Compensation Law. The court found that evidence from the Social Security Administration, determining plaintiff's permanent total disability due to these brain injuries, raised a triable issue of fact as to whether the injuries met the "grave injury" threshold, thus warranting the denial of summary judgment.

Workers' CompensationSummary JudgmentGrave InjuryBrain InjuriesPermanent Total DisabilityCommon-Law IndemnificationContributionConstruction Site AccidentAppellate ReviewIssue of Fact
References
4
Case No. MISSING
Regular Panel Decision

Bonded Waterproofing Services, Inc. v. Anderson-Bernard Agency, Inc.

This case involves Bonded Waterproofing Services, Inc. suing its insurance broker, Anderson-Bernard Agency, Inc. and Thomas Bernard (A-B and Bernard), and its insurer, National Indemnity Company (NIC), after NIC disclaimed coverage for a worker's injury. Bonded alleged that A-B and Bernard misrepresented coverage, breached contract, and were negligent in failing to obtain adequate insurance, and that NIC was vicariously liable. The Supreme Court denied motions to dismiss by A-B and Bernard and a summary judgment motion by NIC. On appeal, the court affirmed the denial of A-B and Bernard's motions, finding that Bonded sufficiently stated causes of action for negligent misrepresentation and breach of contract, and that the negligence claim was not time-barred. However, the court found that NIC's motion for summary judgment should have been granted, as A-B and Bernard were not its agents.

Insurance Coverage DisputeBroker NegligenceBreach of ContractNegligent MisrepresentationSummary Judgment MotionVicarious LiabilityAgency RelationshipStatute of LimitationsConflict of LawsNew York Law
References
26
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