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

Case No. 13-ev-3288; 13-cv-4244
Regular Panel Decision

Alzheimer's Disease Resource Center, Inc. v. Alzheimer's Disease & Related Disorders Ass'n

This case involves two related lawsuits stemming from the disaffiliation of the Alzheimer’s Disease Resource Center, Inc. (ADRC) from the Alzheimer’s Disease and Related Disorders Association (the Association). In case 13-ev-3288, ADRC alleged unfair competition, false advertising, and other claims. The Court denied dismissal for false advertising under the Lanham Act, New York General Business Law § 349, and unjust enrichment, but granted dismissal for trademark infringement, common law unfair competition, UCC violations, conversion, tortious interference, and fraud. In case 13-cv-4244, ADRC alleged breach of contract and misappropriation of trade secrets related to donor lists. The Court granted the Association's motion to dismiss this complaint in its entirety. Punitive damages were stricken for Lanham Act and unjust enrichment claims.

Unfair CompetitionLanham ActFalse AdvertisingTrademark InfringementNew York General Business Law § 349Unjust EnrichmentMotion to DismissBreach of ContractTrade Secret MisappropriationConversion
References
55
Case No. MISSING
Regular Panel Decision

Matter of John Z.

This case involves an appeal from an order recommitting the respondent to petitioner's custody due to a dangerous mental disorder. The respondent, with a history of multiple killings and a prior finding of not guilty by reason of mental disease or defect, had his parole revoked after exhibiting aggressive and threatening behavior upon conditional release. The Supreme Court determined he suffered from Antisocial Personality Disorder with narcissistic and paranoid features, which was deemed a dangerous mental disorder justifying civil confinement under CPL 330.20. The appellate court affirmed, rejecting the argument that the diagnosis was legally insufficient and upholding the finding of current dangerousness based on expert testimony, the respondent's history of violence, and his lack of insight into his condition.

dangerous mental disordercivil confinementantisocial personality disordernarcissistic featuresparanoid featuresCPL 330.20recommitmentmental illnessparole revocationexpert testimony
References
10
Case No. MISSING
Regular Panel Decision

Federal Insurance v. Spectrum Insurance Brokerage Services, Inc.

The court affirmed two orders from the Supreme Court, New York County. The first order dismissed claims against Spectrum Insurance Brokerage Services, Inc. and Joseph Mangano, asserted by the plaintiff insurer as subrogee of Sablons Investors, Inc. and Bankers Trust New York Corporation, on the grounds that the insureds had no viable claim against the broker. The second order, upon renewal, also dismissed the complaint against Spectrum and Mangano and granted TIG Insurance Company's cross motion for a default judgment on its counterclaims due to the plaintiff's failure to respond. The appellate court agreed with the dismissals and default judgment but clarified that the malpractice and/or negligence claims against the broker were not time-barred under CPLR 214 (6), as that statute does not apply to alleged misfeasance of insurance agents and brokers toward their clients.

SubrogationInsurance BrokerNegligenceMalpracticeSummary JudgmentDefault JudgmentCPLR 3211CPLR 3212CPLR 214(6)Insured
References
8
Case No. MISSING
Regular Panel Decision

Claim of Schmeling v. New Venture Gear

The claimant filed for workers' compensation benefits in 2001, alleging stress-induced injuries caused by psychological harassment at her workplace. She was diagnosed with several psychological disorders, including schizo-affective disorder and depression. Although ongoing medical treatment was required, both a Workers' Compensation Law Judge and the Workers' Compensation Board determined that no causal relationship existed between her disability and her employment. The court affirmed the Board's decision, emphasizing the Board's discretion in evaluating medical witness credibility regarding causation. The decision was supported by substantial evidence, as the Board weighed conflicting medical opinions from various physicians.

Psychological harassmentStress-induced injuryCausationMedical credibilityWorkers' Compensation BoardSubstantial evidencePsychiatric disabilityAppellate reviewDiscretion of BoardMental health claim
References
4
Case No. MISSING
Regular Panel Decision

Hason v. Department of Health

The petitioner, a physician, sought review of a determination by the Administrative Review Board for Professional Medical Conduct (ARB) which suspended his medical license. The ARB's decision was based on a prior California Board finding that the petitioner's ability to practice medicine was impaired by mental illness (bipolar affective disorder and narcissistic personality disorder). The court upheld the ARB's finding of professional misconduct, applying collateral estoppel to the California determination. However, the court found the penalty imposed by the ARB—a one-year suspension "and thereafter until such time as [petitioner] can demonstrate his fitness to practice medicine"—was not authorized by Public Health Law § 230-a. Consequently, the court modified the determination by annulling the penalty and remitted the matter to the ARB for the imposition of a statutorily appropriate penalty.

Medical License SuspensionProfessional MisconductPsychiatric ImpairmentMental IllnessBipolar Affective DisorderNarcissistic Personality DisorderCollateral EstoppelArticle 78 ProceedingAdministrative ReviewPenalty Annulment
References
26
Case No. MISSING
Regular Panel Decision

Clayton v. Colvin

Joseph M. Clayton initiated an action against the Social Security Administration's Acting Commissioner, seeking to reverse a denial of his disability benefits and supplemental security income. The core of his appeal revolved around his diagnosed anxiety disorder, panic attacks, and major depressive affective disorder, leading to a hearing officer's initial denial and a subsequent Appeals Council rejection. The District Court identified a critical flaw in the hearing officer's proceedings: the failure to properly apply the "treating physician rule" by not considering Dr. Zollo's submitted medical report, despite an explicit duty to develop the record for mental impairments. Although other arguments from Clayton were dismissed, the court concluded that while total reversal was unwarranted due to the equivocal nature of Dr. Zollo's report, the case required a remand for the hearing officer to re-evaluate the treating physician's opinion.

Disability Insurance BenefitsSupplemental Security IncomeSocial Security AdministrationTreating Physician RuleRecord Development DutyMental ImpairmentAnxiety DisorderPanic AttacksMajor Depressive Affective DisorderResidual Functional Capacity
References
15
Case No. MISSING
Regular Panel Decision

Dunne v. Comm'r of Soc. Sec.

Plaintiff Michelle Marie Dunne sought judicial review of the Social Security Commissioner's final decision denying her applications for disability insurance benefits (DIB) and supplemental security income (SSI). She alleged disability due to various conditions including essential tremors, bipolar disorder, and asthma, with an onset date of October 15, 2012. An Administrative Law Judge (ALJ) found her severe impairments to be affective disorder, obesity, and essential tremors, but concluded she retained the residual functional capacity (RFC) for light work with specific limitations. Based on vocational expert testimony, the ALJ determined there were jobs in the national economy she could perform and thus found her not disabled. The District Court affirmed the Commissioner's decision, finding it supported by substantial evidence and free from legal error, specifically addressing Plaintiff's arguments regarding the weighing of treating physician opinions, the RFC assessment, and the evaluation of her tremors.

Disability benefitsSocial Security ActDIBSSIEssential tremorsBipolar disorderPTSDMental healthResidual functional capacityTreating physician opinion
References
31
Case No. MISSING
Regular Panel Decision

Melnick v. Consolidated Edison, Inc.

Lauren Melnick, pregnant, slipped and fell on a manhole cover, claiming it caused premature labor and her daughter Jenny Fay Kusner's autism spectrum disorder (ASD) and pervasive developmental disorder (PDD). Defendant Consolidated Edison, Inc. moved to preclude plaintiffs' expert from testifying that prematurity and low birth weight cause autism, arguing this theory lacks general acceptance in the medical community. Following a Frye hearing, the court, presided over by Justice Joseph J. Maltese, granted the defendant's motion, finding the plaintiffs' expert's opinion scientifically unreliable and speculative. The court reasoned that medical literature only shows an "association" between very low birth weight/extreme prematurity and developmental issues, not a direct causal link, and that the facts of Jenny's birth (34.2 weeks, 5 lbs 4 oz) did not align with the extreme cases in cited studies. Consequently, the plaintiffs' claims for injury related to Jenny's autism/PDD were dismissed.

Expert Witness PreclusionFrye StandardCausation in Tort LawMedical MalpracticePremature BirthLow Birth WeightAutism Spectrum Disorder (ASD)Pervasive Developmental Disorder (PDD)NeurologyPediatrics
References
27
Case No. MISSING
Regular Panel Decision

Garcia v. Spectrum of Creations Inc.

Luis Garcia and Miguel Flores, along with three other individuals, filed a lawsuit against their former employer, Spectrum of Creations, Inc. d/b/a Food Trends, and Alla Moskowicz, alleging violations of the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL). The plaintiffs moved for conditional approval of their case as a collective action. Magistrate Judge Gabriel W. Gorenstein granted the motion in part, certifying the collective action only for individuals who performed food preparation or delivery functions for the defendants, citing insufficient factual showing for all non-exempt employees. The court also addressed the scope of notice, limiting it to a three-year period for FLSA claims, and denying requests for immediate production of Social Security numbers and workplace posting of the notice.

FLSANYLLCollective ActionWage and HourOvertime PayTip CreditSpread-of-HoursConditional CertificationEmployment LawSouthern District of New York
References
27
Case No. No. 11 Civ. 3041(JPO)
Regular Panel Decision

Emilio v. Sprint Spectrum L.P.

Plaintiff Vincent Emilio filed a class action complaint against Sprint Spectrum L.P. after an arbitrator's award authorized him to pursue his claims in court. Sprint moved to dismiss the complaint and strike class allegations. The District Court denied Sprint's motion, ruling that Sprint was collaterally estopped from arguing against the applicability of the Kansas Consumer Protection Act (KCPA) to Emilio's claims, as this issue was previously litigated and decided in arbitration. The court also held that Sprint was precluded from asserting arbitration provisions against other putative class members, as the confirmed arbitration award explicitly authorized Emilio to pursue a class action.

Class ActionArbitrationFederal Arbitration ActKansas Consumer Protection ActCollateral EstoppelIssue PreclusionMotion to DismissMotion to StrikeConsumer ProtectionWireless Services
References
32
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