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

Case No. ADJ9000676
Regular
Dec 09, 2016

MIGUEL VILLEGAS vs. ALL STAR SECURITY, EVEREST NATIONAL INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, INC.

This case involved a Petition for Reconsideration by All Star Security and its insurer, challenging a Workers' Compensation Appeals Board (WCAB) decision. The WCAB denied the petition, adopting the administrative law judge's reasoning that the lien claimant failed to file within the amended 18-month statute of limitations under Labor Code section 4903.5(a). The Board found that applying this shortened period was proper as the claimant had a reasonable time to file after the amendment's effective date. This decision aligns with prior WCAB panel decisions regarding the retroactive application of shortened limitations periods in workers' compensation cases.

Petition for ReconsiderationWorkers' Compensation Appeals BoardMiguel VillegasAll Star SecurityEverest National Insurance CompanyGallagher Bassett ServicesInc.WCJ reportKindelberger v. City of Los AngelesGuerrero v. Easy Staffing
References
12
Case No. 2017 NY Slip Op 04009 [150 AD3d 1507]
Regular Panel Decision
May 18, 2017

Matter of Jie Cao v. Five Star Travel of NY Inc.

Claimant, a bus driver, was involved in a 2007 accident and successfully applied for workers' compensation benefits, naming "Five Stars Travel Bus Inc." as his employer. Five Star Travel of NY Inc. (Five Star) did not appear after being served, leading to a WCLJ finding it liable for awards and assessments. After subsequent awards and medical treatment authorizations, a settlement was approved in 2013. In May 2015, Five Star sought to reopen the claim and challenge the prior decisions and settlement, but the Workers' Compensation Board denied the application due to untimely submission of new material evidence and the non-reviewable nature of an approved waiver agreement. The Appellate Division affirmed the Board's decision.

Workers' CompensationBus AccidentUninsured EmployerClaim ReopeningSettlement AgreementBoard ReviewAppellate DivisionTimelinessContinuing JurisdictionDue Process
References
6
Case No. MISSING
Regular Panel Decision

McMahan Securities Co. v. Aviator Master Fund, Ltd.

Petitioner McMahan Securities Co., L.R., a securities broker-dealer, sought to stay an arbitration claim initiated by various hedge funds and institutional investors (respondents) before the National Association of Securities Dealers (NASD), now FINRA. The arbitration claim arose from respondents' purchase of $50 million worth of preferred stock units from nonparties Strategy Real Estate Investments, Ltd. (SREI) and Strategy International Insurance Group, Inc. (SIIG), where McMahan acted as a placement agent. Respondents alleged fraud, negligent misrepresentation, and violation of Blue Sky laws, claiming McMahan failed to disclose criminal convictions and legal problems of Strategy's management team and misrepresented Strategy's financial status. McMahan argued that respondents were not its 'customers' under NASD rule 12200 and that a forum selection clause in the subscription agreement precluded arbitration. The court denied McMahan's petition, finding that respondents qualified as McMahan's customers under a broad interpretation of NASD rules and that the dispute arose from McMahan's business activities, thus compelling arbitration. The court also rejected McMahan's attempt to invoke the subscription agreement's forum selection clause, as McMahan was not a signatory to that agreement.

ArbitrationSecurities LawNASD Code of Arbitration ProcedureFINRAPlacement AgentFraud AllegationsNegligent MisrepresentationBlue Sky LawsContract InterpretationForum Selection Clause
References
27
Case No. MISSING
Regular Panel Decision

In re Blech Securities Litigation

This opinion addresses a motion for class certification in consolidated actions alleging securities and common law fraud. The plaintiffs sought to certify a class against various defendants, including Bear Stearns & Co. and Baird Patrick & Co., for a scheme to manipulate the prices of 'Blech Securities' between October 1991 and September 1994. The court reviewed the class action requirements under Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure, including numerosity, commonality, typicality, and adequacy of representation. Finding that these requirements were satisfied, the court granted the motion for class certification, with the creation of three subclasses to manage the litigation efficiently.

Securities FraudClass ActionMarket ManipulationBroker-DealerInvestment BankingBiotechnology StocksRule 23Federal Civil ProcedureFraud and DeceitConsolidated Actions
References
52
Case No. MISSING
Regular Panel Decision

Scarfi v. Bright Star Industries, Inc.

The trustees of the District No. 15 Machinists’ Pension Fund, acting as plaintiffs, initiated this action against Bright Star Industries, Inc. seeking to compel overdue contributions to the fund under ERISA and LMRA. Bright Star moved to dismiss, contending that jurisdiction over the matter was exclusively with the National Labor Relations Board due to previous unfair labor practice proceedings. The court, presided over by District Judge Glasser, denied the defendant's motion to dismiss, asserting its concurrent jurisdiction with the NLRB in cases involving both NLRA violations and breaches of collective bargaining agreements, particularly where a valid contract is still in effect. The court also denied Bright Star's request for costs and attorney's fees.

ERISALMRANLRAPension FundCollective Bargaining AgreementUnfair Labor PracticesJurisdictionMotion to DismissPreemptionConcurrent Jurisdiction
References
5
Case No. 02 Civ. 910
Regular Panel Decision
Oct 10, 2006

In Re Alstom SA Securities Litigation

The lead plaintiffs, a group of retirement systems and a union, filed a class action lawsuit alleging securities fraud against Alstom S.A., its subsidiaries Alstom Transportation Inc. (ATI), Alstom USA, and executives Stephan Rambaud-Measson and Joseph Janovec. The claims involve violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, stemming from ATI's alleged understatement of costs on railcar contracts, particularly for New Jersey Transit. These accounting improprieties purportedly led to an overstatement of Alstom's income in public financial reports. The District Court denied the defendants' motions to dismiss, finding that the plaintiffs sufficiently alleged scienter against Alstom, active participation and scienter against Rambaud-Measson and Janovec, and a plausible veil-piercing theory for Alstom USA's liability. The decision allows the case to proceed, underscoring that the plaintiffs' detailed new allegations, including executive knowledge of cost overruns, met the heightened pleading standards for fraud and control liability.

Securities fraudClass actionAlstomFinancial misstatementsExchange ActSection 10(b) violationSection 20(a) violationMotion to dismissScienterCorporate veil-piercing
References
53
Case No. Docket No. 13
Regular Panel Decision

Rubet v. Commissioner of Social Security

Maria Rubet, claiming disability due to a nervous condition since October 1993, sought judicial review of a decision by the Commissioner of Social Security denying her application for Supplemental Security Income (SSI) benefits. Following a remand and a subsequent hearing, an Administrative Law Judge (ALJ) again found Rubet not disabled, a determination adopted by the Commissioner. Rubet failed to respond to the Commissioner's motion for judgment on the pleadings and a court order. The Court, after reviewing the record and adopting the Commissioner's analysis, found substantial evidence, including medical evaluations, to support the ALJ's finding that Rubet was not disabled. Consequently, the Court granted the Commissioner's motion to dismiss the complaint.

Social SecuritySSI BenefitsDisability ClaimAdministrative Law JudgeMedical EvaluationResidual Functional CapacityMental ImpairmentAppealsJudicial ReviewCommissioner Decision
References
3
Case No. MISSING
Regular Panel Decision

DiBlasi v. Commissioner of Social Security

Plaintiff Frank DiBlasi sought judicial review of a final determination by the Commissioner of Social Security, who denied his claim for Supplemental Security Income benefits, citing disability due to depression, diabetes, high cholesterol, and limb numbness. The Administrative Law Judge (ALJ) denied benefits, a decision affirmed by the Appeals Council. DiBlasi appealed, arguing the Appeals Council failed to consider new material evidence (Dr. Rinzler's assessment), erred by not remanding for clarification of a prior medical opinion, and ignored a psychiatrist's letter. The court found the new evidence cumulative and not material, and that earlier records consistently reflected DiBlasi's difficulties. Ultimately, the court determined that substantial evidence supported the ALJ's finding that DiBlasi could perform simple, routine, unskilled tasks with minimal stress and contact, and that such jobs exist in the national economy. The Commissioner's determination was affirmed.

Supplemental Security IncomeSocial Security BenefitsDisability DeterminationAdministrative Law JudgeAppeals CouncilMedical ImpairmentMental ImpairmentDepressionDiabetesGlobal Assessment of Functioning
References
13
Case No. 2020 NY Slip Op 05472 [187 AD3d 452]
Regular Panel Decision
Oct 06, 2020

Richards v. Security Resources

The Appellate Division, First Department, affirmed an order from the Supreme Court, New York County, which granted defendant Security Resources' motion to dismiss the complaint and denied plaintiff Alroy Richards' cross-motions. The court found that Security Resources timely moved to dismiss and that the plaintiff's denial of service was insufficient to rebut the presumption of proper service. Furthermore, the plaintiff's claims for wrongful discharge, intentional infliction of emotional distress, and defamation were dismissed for failing to state a cause of action. Negligence claims were barred by the Workers' Compensation Law, and the individual defendant, Joseph Katanga, was found not to have been properly served, rendering discovery motions moot.

Dismissal of complaintMotion to dismissService of processAffidavit of serviceWrongful dischargeAt-will employmentIntentional infliction of emotional distressDefamationQualified privilegeNegligence claims
References
13
Case No. MISSING
Regular Panel Decision
Feb 09, 2015

Browne v. Commissioner of Social Security

Plaintiff Kenneth Owen Browne sought judicial review of a final decision by the Commissioner of Social Security, denying his claims for disability insurance benefits and supplemental security income. Browne alleged disability since December 2007 due to conditions like degenerative disc disease, osteoarthritis, and carpal tunnel syndrome. An Administrative Law Judge (ALJ) previously found Browne not disabled, concluding he retained the residual functional capacity (RFC) to perform light work. The court affirmed the Commissioner's decision, finding it supported by substantial evidence. The court also addressed and rejected Browne's arguments regarding the ALJ's application of the treating physician rule, and alleged failures to consider his obesity and medication side effects.

Disability benefitsSocial Security ActJudicial reviewResidual functional capacityTreating physician ruleSubstantial evidenceAdministrative Law JudgeMedical evidenceObesityMedication side effects
References
28
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