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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 Dwayne G.

The Commissioner of Social Services initiated a neglect proceeding against a respondent mother, alleging chronic alcoholism and resultant child neglect. The petitioner sought court orders to compel Long Island College Hospital to produce the mother's alcohol abuse records and to allow the subpoena of an alcohol services counselor. The court granted the motion for record production, citing good cause under Federal law and prioritizing the child's best interests over confidentiality. However, the motion to subpoena the counselor was denied. The court ruled that the petitioner failed to demonstrate the counselor's testimony was "necessary and material" to the neglect determination, differentiating this case from prior rulings where such necessity was established.

Child NeglectAlcohol AbuseConfidentialityMedical Records DisclosureSubpoenaFamily Court ActBest Interests of the ChildPrivileged CommunicationsGood CauseBalancing Test
References
4
Case No. MISSING
Regular Panel Decision
Jan 02, 1996

Isnardi v. Genovese Drug Stores, Inc.

Thomas Isnardi was injured on September 13, 1993, after falling from a scaffold while performing demolition work on premises owned by Genovese Drug Stores, Inc. He sued Genovese and the general contractor, Robbins & Cowan, Inc., alleging a violation of Labor Law § 240 (1) for failure to provide adequate scaffolding. Robbins & Cowan, Inc. then filed a third-party action against Joe Demasco, Isnardi's employer. The Supreme Court granted Isnardi summary judgment on liability. However, the appellate court reversed this decision, denying the plaintiff's motion, as there was a factual dispute regarding whether Isnardi was a recalcitrant worker who refused to use a provided safe "pipe" scaffold, opting instead for an allegedly less stable "Baker" scaffold.

Personal InjuryScaffold FallDemolition WorkRecalcitrant Worker DefenseSummary JudgmentLabor LawConstruction AccidentThird-Party ActionIndemnificationAppellate Reversal
References
4
Case No. MISSING
Regular Panel Decision

Bernard v. Commerce Drug Co., Inc.

Plaintiff Peter S. Bernard brought claims against Commerce Drug Company and Del Laboratories, Inc. for trademark violations under the Lanham Act and state law concerning the product 'Arthriticare.' Defendants moved for partial summary judgment on trademark infringement and judgment on the pleadings for fraudulent trademark registration, while plaintiff cross-moved for partial summary judgment. The court found plaintiff's 'Arthriticare' mark to be descriptive and lacking secondary meaning, thus granting defendants' motion for summary judgment on the trademark infringement claim. The claim for fraudulent trademark registration was dismissed as defendants' mark was not registered. All remaining state and common law claims were dismissed due to the absence of federal claims and diversity jurisdiction.

Trademark InfringementLanham ActSummary JudgmentJudgment on PleadingsDescriptive TrademarkSecondary MeaningFraudulent RegistrationPendent JurisdictionDiversity JurisdictionUnregistered Mark
References
14
Case No. MISSING
Regular Panel Decision

Halsey Drug Co. v. Drug, Chemical, Cosmetic, Plastics & Affiliated Industries Warehouse Employees, Local 815

Plaintiff Halsey Drug Co., Inc. (Halsey) filed an action against Defendant Drug, Chemical, Cosmetic, Plastic and Affiliated Industries Warehouse Employees, Local 815 (Local 815) under the Federal Declaratory Judgment Act and the Labor Management Relations Act. Halsey sought a declaration from the court regarding the arbitrability of certain issues related to a collective bargaining agreement (CBA) after closing its Brooklyn facility and moving some operations to Congers, New York. Local 815 demanded that Halsey apply the CBA to the new Congers facility and offer employment to laid-off Brooklyn employees, subsequently filing for arbitration. Halsey argued that the claims arose after the CBA's expiration and should be handled by the National Labor Relations Board, not arbitration. The court, applying established labor law precedents regarding arbitrability, denied Halsey's motion for summary judgment and granted Local 815's motion, ruling that the dispute is arbitrable because the underlying facts arose before the CBA's expiration and involve contract interpretation.

ArbitrationCollective Bargaining AgreementLabor DisputeSummary JudgmentContract InterpretationUnion RepresentationFederal Declaratory Judgment ActLabor Management Relations ActPost-expiration ClaimsArbitrability
References
11
Case No. MISSING
Regular Panel Decision

Natural Resources Defense Council v. United States Food & Drug Administration

This Memorandum and Order addresses several motions in a case brought by environmental and public interest groups against the U.S. Food and Drug Administration (FDA). The plaintiffs sought to compel the FDA to initiate proceedings to withdraw approval of certain antibiotics used non-therapeutically in livestock. The court, presided over by Magistrate Judge James C. Francis IV, granted in part the plaintiffs' motion to strike certain documents, adopted the Government's proposed schedule for complying with a previous order, and denied the Government's motion for a stay pending appeal. The judge found the FDA's decades-long delay in fulfilling its statutory duty to be unreasonable, justifying the imposition of a compliance timetable.

Antibiotic ResistanceAnimal Feed RegulationFDA EnforcementAdministrative Procedure ActFood, Drug, and Cosmetic ActMandamusJudicial ReviewStay Pending AppealSummary JudgmentPublic Health
References
41
Case No. MISSING
Regular Panel Decision

Soljan v. Bahou

Budgetary cutbacks in 1976 led to staff reductions in the Office of Drug Abuse Services (ODAS). Appellants then certified a preferred list of affected employees to fill vacancies, including Rehabilitation Counselor Trainee positions within the Department of Mental Hygiene. Petitioners initiated a CPLR article 78 proceeding, arguing that the inclusion of this title was arbitrary due to dissimilar job duties. Special Term agreed and annulled the determination. On appeal, the court affirmed the annulment, finding the job duties insufficiently comparable and the appellants' reasons for not ordering a civil service examination for provisional appointees unconvincing. However, the judgment was modified to reverse the directive that petitioner Soljan be continued in employment, recognizing that provisional appointees lack full civil service protection.

Civil Service LawPreferred ListRehabilitation Counselor TraineeBudget CutsStaff ReductionsJob ComparabilityCPLR Article 78Judicial Review ScopeProvisional AppointeesCivil Service Examination
References
4
Case No. MISSING
Regular Panel Decision

Buckley v. Consolidated Edison Company of New York, Inc.

Dan Buckley, a former management employee, sued Consolidated Edison Company of New York, Inc. for violations of the Americans with Disabilities Act (ADA) and New York State Executive Law § 296, alleging discrimination based on his disability as a rehabilitated alcohol/substance abuser and termination due to his inability to provide a urine sample for drug testing. The court had previously dismissed his complaint but allowed him to replead, finding he adequately alleged disability but not discrimination based on it. In his amended complaint, Buckley conceded his bladder condition, which prevented him from urinating on command, was not an ADA disability but argued Con Edison's drug testing procedures were unreasonable. The court granted Con Edison's motion to dismiss, concluding that failure to accommodate a non-disability does not constitute an ADA violation, and Buckley failed to allege that his actual disability (alcohol/substance abuse) was not reasonably accommodated.

Americans with Disabilities ActDisability DiscriminationDrug TestingReasonable AccommodationAlcohol AbuseSubstance AbuseTermination of EmploymentMotion to DismissFederal Rules of Civil Procedure Rule 12New York State Executive Law
References
3
Case No. MISSING
Regular Panel Decision
Sep 25, 2001

Markow-Brown v. Board of Education

The petitioner, a former full-time Social Worker whose position was eliminated in 1995, sought appointment to two half-time positions (Social Worker and Civil Service Drug and Alcohol Counselor II) after declining a previous offer, arguing they collectively equated to her former full-time role. The positions in question were ultimately filled by respondent William Polchinski. The Supreme Court dismissed the proceeding based on the doctrine of primary jurisdiction, referring the matter to the Commissioner of Education to determine if the positions were similar. This dismissal was subsequently affirmed on appeal, with the court citing the Commissioner's specialized expertise in resolving such factual issues under Education Law § 3013 (3) (a).

Primary JurisdictionCPLR Article 78Education LawPublic SchoolsSocial WorkerCivil ServiceEmployment LawAdministrative LawSuffolk CountyJob Appointment
References
4
Case No. MISSING
Regular Panel Decision

American Train Dispatchers Ass'n v. Metro-North Commuter Railroad

Plaintiff American Train Dispatchers Association (ATDA) accused defendant Metro-North Commuter Railroad Company of violating the Railway Labor Act (RLA) by unilaterally implementing changes to work rules and conditions without prior union consultation. The changes concerned sick leave, vacation days, training time, work attire, and drug/alcohol testing. The court classified these disputes as either 'major' or 'minor' under the RLA. It found that the automatic requirement for doctor's certificates for sick days not contiguous to rest days, holidays, or vacation, and the new work attire policy constituted 'major disputes', and thus granted a permanent injunction to restore the status quo. However, the court deemed disputes over training time, single vacation days, and sick days contiguous to rest days/holidays/vacation as 'minor disputes', denying injunctive relief for these. The court also denied injunctive relief for random drug testing due to insufficient evidence, noting that the issue of drug testing as part of regular medical examinations was being addressed in a separate ruling.

Railway Labor ActMajor DisputeMinor DisputeInjunctive ReliefWork RulesSick Leave PolicyVacation PolicyTraining TimeDress CodeDrug Testing
References
14
Case No. MISSING
Regular Panel Decision
Jun 01, 2009

People v. Nunn

This case addresses whether a court's discretion to deem a misdemeanor complaint charging a drug offense as an information, without a field test or laboratory analysis, violates a defendant's due process rights. The court distinguishes People v Kalin and Matter of Jahron S., applying the three-factor test from Mathews v Eldridge. It concludes that the substantial private interest in physical liberty and the risk of erroneous deprivation necessitate a laboratory report or field test in most drug-related cases, imposing minimal burden on the prosecution. Specifically, for defendant Mr. Nunn, the misdemeanor complaint was deemed an information on June 1, 2009, after the certified laboratory analysis was filed.

Due ProcessCriminal ProcedureMisdemeanorControlled SubstanceDrug PossessionMisdemeanor InformationMisdemeanor ComplaintPrima Facie CaseLaboratory AnalysisField Test
References
21
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