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Case Law Database

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

Case No. MISSING
Regular Panel Decision

In re the Adoption of J.

The case concerns an adoption proceeding initiated by a same-sex couple. The court addresses whether to appoint a guardian ad litem for the adoptive infant, a practice previously common in same-sex adoptions due to their novelty. Citing Matter of Dana, which affirmed the legality of same-sex and heterosexual unmarried couple adoptions, the court found no legal basis to treat same-sex adoptions differently from those by married couples, where a guardian ad litem is not automatically appointed if statutory requirements and social worker reports are favorable. The court concluded that denying equal treatment could violate federal and state equal protection clauses, deciding against appointing a guardian ad litem unless special circumstances are present.

AdoptionSame-sex coupleGuardian ad litemBest interest of childEqual protectionDomestic Relations LawStatutory interpretationCourt of AppealsSurrogate's CourtFamily Law
References
2
Case No. MISSING
Regular Panel Decision
Aug 14, 2013

Chiari v. New York Racing Ass'n

Plaintiff Luis Alberto Chiari filed an action against the New York Racing Association (NYRA) and Local Union 3, I.B.E.W., alleging violations of COBRA, ADA, and LMRA stemming from his employment termination. Magistrate Judge A. Kathleen Tomlinson issued a Report and Recommendation, advising that the defendants' motions for summary judgment be granted and all of the plaintiff's claims be dismissed. District Judge Feuerstein reviewed the plaintiff's objections to this report. Finding the objections to be either reiterations of prior arguments or insufficiently specific, and discerning no clear error in the Magistrate Judge's findings, the Court adopted the Report and Recommendation in its entirety, thereby granting summary judgment to the defendants and dismissing all of Chiari's claims with prejudice.

Employment LawDiscriminationSummary JudgmentCOBRA ViolationsADA ClaimsLMRA ClaimsBreach of Collective Bargaining AgreementDuty of Fair RepresentationPro Se PlaintiffTermination
References
81
Case No. MISSING
Regular Panel Decision
Feb 21, 2006

Rivera v. Barnhart

Plaintiff Russell Rivera, Jr. challenged the Commissioner of Social Security's decision denying him Supplemental Security Income (SSI) benefits. The case was referred to Magistrate Judge Frank Maas, who issued a Report and Recommendation to remand the action for further administrative proceedings, citing deficiencies in the plaintiff's hearing. After defendant objected to a time limit, an Amended Report and Recommendation was issued, omitting the disputed time limitation. District Judge Richard J. Holwell, finding no clear error, adopted the Amended Report in its entirety, granting the Commissioner’s motion. The court's decision was based on the Administrative Law Judge's failure to fully develop the administrative record and adequately consider the treating physician’s opinion, Dr. Asbury, whose findings differed from a nonexamining medical consultant.

Social Security BenefitsSupplemental Security IncomeDisability DeterminationAdministrative Law Judge (ALJ) ReviewRemand OrderTreating Physician RuleMedical AssessmentHIV/AIDS ImpairmentHepatitis C DiagnosisProcedural Error
References
15
Case No. MISSING
Regular Panel Decision
Feb 29, 2012

House v. Commissioner of Social Security

Plaintiff Sheryl L. House sought judicial review of the Commissioner of Social Security's denial of her disability insurance benefits application. A Magistrate Judge issued a Report and Recommendation, concluding that the Administrative Law Judge's decision finding Plaintiff not disabled was supported by substantial evidence. The Magistrate Judge recommended granting the Commissioner's motion for judgment on the pleadings and denying Plaintiff's similar motion. The District Judge adopted this Report and Recommendation in its entirety, thus upholding the denial of disability benefits.

Disability BenefitsSocial Security ActAdministrative Law JudgeResidual Functional CapacityTreating Physician's RuleMedical-Vocational GuidelinesCredibility AssessmentPhysical ImpairmentsJudicial ReviewMotion for Judgment on Pleadings
References
54
Case No. MISSING
Regular Panel Decision
Mar 02, 2010

Lyons Partnership, L.P. v. D & L Amusement & Entertainment, Inc.

Plaintiffs Lyons Partnership, L.P. and HIT Entertainment Inc. initiated a copyright and trademark infringement lawsuit against D & L Amusement & Entertainment Inc., Razzle Kidazzle Inc., Linda Lippo, All in One Entertainment, Inc., and John R. Albuja. The defendants were accused of infringing on the intellectual property rights of popular children's characters, Barney® and Bob the Builder®, by using unauthorized counterfeit costumes for entertainment services. Due to the defendants' failure to respond, Magistrate Judge Marilyn Go issued a Report and Recommendation, finding them liable for various Lanham Act and Copyright Act violations. Senior District Judge Sterling B. Johnson subsequently adopted this report in its entirety. As a result, a permanent injunction was granted against the defendants, and they were ordered to pay statutory damages, attorneys' fees, and costs for their willful infringement.

Intellectual PropertyCopyright InfringementTrademark InfringementDefault JudgmentLanham ActStatutory DamagesPermanent InjunctionAttorneys' FeesChildren's CharactersCounterfeit Goods
References
72
Case No. MISSING
Regular Panel Decision
Jan 21, 2015

Local Union No. 40 of the International Ass'n of Bridge v. Car-Win Construction Inc.

The plaintiffs, several local unions and related benefit funds, initiated a lawsuit against Car-Win Construction, Inc. and CRV Precast Construction, LLC, alleging violations of a collective bargaining agreement and failure to contribute to benefit funds. Following the defendants' consistent non-compliance with discovery orders and failure to produce financial records, the plaintiffs moved for a default judgment. Magistrate Judge Michael H. Dolinger issued a Report and Recommendation, advising that the default judgment be granted, a post-default inquest for damages be conducted, and an audit of the defendants' financial records for specific periods be ordered. District Judge Laura Taylor Swain subsequently adopted this Report and Recommendation in its entirety, finding no clear error. The court also approved the plaintiffs' application for reasonable attorneys' fees incurred due to the defendants' dilatory tactics in discovery.

Default JudgmentDiscovery SanctionsERISACollective Bargaining AgreementBenefit Fund ContributionsAlter-Ego LiabilityFinancial AuditWage ViolationsFederal Rule of Civil Procedure 37Judicial Discretion
References
75
Case No. MISSING
Regular Panel Decision

Sacks v. Gandhi Engineering, Inc.

The case involves plaintiff Farrell Sacks' employment discrimination claims against Gandhi Engineering, Inc., based on religion, age, and perceived disability following his termination. Magistrate Judge Debra C. Freeman issued a Report and Recommendation on August 23, 2013, advising partial grant and partial denial of the defendant's summary judgment motion. District Judge Deborah A. Batts adopted this Report and Recommendation after reviewing defendant's objections. Consequently, the defendant's motion for summary judgment was granted for the religion and age discrimination claims but denied for the disability discrimination claim. The case will proceed to trial on the perceived disability discrimination claim.

Employment DiscriminationAmericans with Disabilities Act (ADA)Age Discrimination in Employment Act (ADEA)Title VII of the Civil Rights ActSummary JudgmentReport and RecommendationPerceived DisabilityMcDonnell Douglas FrameworkPrima Facie CasePretext
References
67
Case No. MISSING
Regular Panel Decision
Aug 17, 2009

Malletier v. Apex Creative International Corp.

This case involves Luis Vuitton Malletier (LVM) suing Artex Creative International and John Does for counterfeiting, unfair competition, trade dress, and trademark infringement under the Lanham Act and New York General Business Law. Following the defendants' default, Magistrate Judge Henry Pitman conducted an inquest into LVM's damages. District Judge Deborah A. Batts adopted Judge Pitman's Report and Recommendation, which found Artex guilty of willful trademark infringement. The court awarded LVM $72,000 in statutory damages, $22,234 in attorney's fees, and $8,308.90 in costs, for a total of $102,542.90.

Trademark InfringementCounterfeitingLanham ActDefault JudgmentStatutory DamagesAttorney's FeesCosts AwardedWillful InfringementIntellectual PropertyLuxury Goods
References
81
Case No. MISSING
Regular Panel Decision

In re the Adoption of Baby Boy C.

This case concerns a private adoption proceeding in New York State for a child born in Arizona in 2004. The biological mother is a registered member of the Tohono O’odham Nation, which opposes the adoption and seeks to intervene, arguing the Indian Child Welfare Act (ICWA) applies. The adoptive parents contend ICWA does not apply, citing the 'existing Indian family doctrine' (EIF), which posits ICWA is inapplicable if the Indian parent or child has no significant connection to their tribe. The adoptive parents also filed a motion to disqualify the tribe's attorney. The court denies the motion to disqualify counsel, finding the information shared was not confidential or impactful. The judge adopts the reasoning of Bridget R. regarding the EIF doctrine, finding it necessary for the constitutionality of ICWA, but adjourns the case for a hearing to determine if an Indian family exists, placing the burden of proof on the tribe. The court also clarifies that ICWA can apply to voluntary private adoptions and supersedes Social Services Law § 373 regarding religious placement preferences.

ICWAIndian Child Welfare ActAdoptionExisting Indian Family DoctrineTribal InterventionParental RightsConstitutional LawDue ProcessEqual ProtectionSupremacy Clause
References
30
Case No. MISSING
Regular Panel Decision

Gesauldi v. Dan Yant Inc.

Plaintiffs, trustees of various Local 282 trust funds, initiated an action against Dan Yant Inc. for failing to make required contributions to the funds, violating ERISA and LMRA. Defendant defaulted after being served. Magistrate Judge Roanne L. Mann recommended granting default judgment to plaintiffs, awarding $2,418.28 in unpaid contributions, $1,300.00 in audit fees, $3,313.64 in attorney's fees and costs, and prejudgment interest and liquidated damages. District Judge Kiyo A. Matsumoto reviewed the Report and Recommendation, found no clear error, and adopted it as the court's opinion, ordering judgment in favor of the plaintiffs.

Default JudgmentERISALMRAUnpaid ContributionsTrust FundsCollective Bargaining AgreementDelinquent ContributionsAudit FeesAttorney FeesPrejudgment Interest
References
26
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