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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

Smith v. Sipe

The dissenting opinion argues for the dismissal of a complaint alleging a breach of the duty of fair representation by a labor organization. The judge contends that merely providing incorrect advice, as alleged against the union representative, does not constitute the type of egregious conduct—arbitrary, discriminatory, or bad faith actions—that the duty of fair representation was established to prevent. While acknowledging a developing area of law where some courts have extended this duty to include negligence, the majority of jurisdictions maintain a stricter interpretation. The dissent emphasizes that the duty was created to prevent invidious treatment, not to address simple negligence. Therefore, the complaint's allegations are deemed insufficient to establish a cause of action for breach of this duty.

Duty of Fair RepresentationLabor LawUnion ConductGrievance ProcedureNegligenceArbitrary ConductBad FaithDiscriminatory ConductDissenting OpinionJudicial Interpretation
References
23
Case No. MISSING
Regular Panel Decision

Motor Vehicle Manufacturers Ass'n of the United States, Inc. v. State

This appeal addresses the constitutional challenges brought by trade associations representing automobile manufacturers against New York's New Car Lemon Law alternative arbitration mechanism and its implementing regulations. Plaintiffs argued that General Business Law § 198-a (k) unconstitutionally deprived manufacturers of their right to a jury trial, access to Supreme Court, and constituted an improper delegation of judicial authority. The court ruled that the Lemon Law's remedies, particularly vehicle replacement, are equitable, thus preserving the right to a jury trial. It also upheld the arbitration mechanism as a reasonable alternative for dispute resolution, affirming its constitutionality regarding court access and delegation of authority. However, the court found one implementing regulation, 13 NYCRR 300.17 (c), invalid as it contravened the statute by precluding evidence of further repairs, effectively creating an irrebuttable presumption of liability.

Constitutional LawArbitrationLemon LawConsumer ProtectionGeneral Business LawRight to Jury TrialEquitable RemediesAdministrative LawJudicial ReviewStatutory Interpretation
References
21
Case No. MISSING
Regular Panel Decision

Campbell v. Fine, Clin & Anderson, P. C.

The plaintiff, injured at a construction site in 1986, retained the defendant law firm to pursue all legal remedies. However, the firm limited its representation to workers' compensation matters, leading to the expiration of the statute of limitations for potential third-party claims. The defendants moved for summary judgment, arguing their retainer was limited and that the plaintiff failed to prove causation. The court denied the motion, ruling that a law firm has an affirmative duty to inform clients about the full scope of representation limitations and potential alternative claims, even with a limited retainer. The court found that the plaintiff's allegations were sufficient to demonstrate potential damages under the Labor Law, making the question of malpractice a factual issue.

Legal MalpracticeWorkers' CompensationRetainer AgreementScope of RepresentationDuty to AdviseThird-Party ClaimsStatute of LimitationsLabor LawSummary JudgmentAttorney-Client Relationship
References
5
Case No. MISSING
Regular Panel Decision
Aug 20, 1971

Commarato v. McLeod

The President of Local 400 sought a preliminary injunction to prevent the Regional Director of the National Labor Relations Board (NLRB) from conducting a representation election, pending the final disposition of unfair labor practice charges. The Regional Director opposed this, arguing the court lacked jurisdiction. The court reviewed the factual background, including a postponed election, subsequent unfair labor practice charges filed by unions against Art Steel Company, Inc., and the Board's decision to proceed with the election despite its own 'blocking charge rule'. The court concluded that it lacked jurisdiction to review the Board's discretionary order to proceed with the election, as it did not fall under the narrow exception of the Board acting in direct contravention of a specific statutory mandate. Therefore, the defendant's motion to dismiss the complaint was granted.

Labor LawNational Labor Relations ActRepresentation ElectionPreliminary InjunctionJudicial ReviewNLRB JurisdictionUnfair Labor PracticesBlocking Charge RuleStatutory InterpretationFederal Courts
References
5
Case No. MISSING
Regular Panel Decision
Jul 22, 1974

Kaminsky v. Connolly

This appellate decision addresses an action by a plaintiff seeking pension benefits from the Road Carriers Local 707 Pension Fund. The initial trial court granted the plaintiff a pension against the union despite finding him a stranger to the fund and no specific relief sought. However, the appellate court determined that the plaintiff, an owner-driver, was never covered by the collective bargaining agreement and made no contributions to the pension fund. Furthermore, even if considered an employee, he lacked the requisite 15 years of service for eligibility. The court also clarified that federal law governs the union's duty of fair representation, requiring proof of bad faith, which the plaintiff failed to provide. Consequently, the judgment awarding damages was modified, and the complaint against the appellant union was dismissed.

Pension FundLabor UnionTaft-Hartley ActCollective Bargaining AgreementOwner-DriverEmployee EligibilityFair Representation DutyFederal LawAppellate ReviewComplaint Dismissal
References
3
Case No. MISSING
Regular Panel Decision

Alternative Electrodes, LLC v. Empi, Inc.

Plaintiff Alternative Electrodes, LLC (AEL) sued Empi, Inc. and Encore Medical, L.P. for violations of the Lanham Act, Sherman Act, and various New York state laws, including illegal monopoly, false advertising, and tortious interference. Defendants moved to dismiss all claims except the Lanham Act claim. The court denied dismissal for AEL's Sherman Act, Donnelly Act, and breach of contract claims, finding sufficient allegations of antitrust injury, market definition, and breach of a settlement agreement. However, the state law claims for business disparagement/injurious falsehood and tortious interference were dismissed without prejudice, as AEL failed to adequately plead special damages and 'but for' causation, respectively. The civil conspiracy claim, alleged as an independent tort, was also dismissed.

Antitrust LawSherman ActLanham ActBusiness DisparagementTortious InterferenceCivil ConspiracyBreach of ContractMotion to DismissRule 12(b)(6)Monopoly Power
References
66
Case No. MISSING
Regular Panel Decision
Jul 15, 2004

Portlette v. Toussaint

The plaintiff appealed an order from the Supreme Court, Rockland County, which granted the defendants’ motion to dismiss the complaint for failure to state a cause of action regarding breach of a duty of fair representation, and denied the plaintiff's cross-motion for leave to serve an amended complaint. The appellate court affirmed the order, concluding that the complaint lacked sufficient factual allegations to support the claim. The decision cited several precedents to support the dismissal. Additionally, the plaintiff's other arguments were found to be without merit.

Breach of Duty of Fair RepresentationMotion to DismissAmended ComplaintAppellate AffirmationCivil ProcedureCPLR 3211Rockland CountySupreme CourtSufficiency of Pleadings
References
7
Case No. MISSING
Regular Panel Decision

People v. Louis

This judicial opinion addresses a claim by Consultants for Criminal Justice Alternatives (CCJA) for $1,260 in compensation, under County Law § 722-c, for 28 hours of prepleading and presentence 'other than counsel services' provided to an un-named criminal defendant. Judge Budd G. Goodman approved 27 hours of service but reduced the hourly rate from $45 to $30, awarding $810. The court denied compensation for clerical activities. The decision extensively discussed criteria for 'reasonable compensation' based on service provider qualifications and service nature, and affirmed the existence of 'extraordinary circumstances' allowing compensation above the $300 statutory limit.

Compensation ClaimCounty Law § 722-cOther Than Counsel ServicesPrepleading ReportPresentence ReportExtraordinary CircumstancesHourly Rate DeterminationParaprofessional ServicesCriminal DefenseSocial Work Standards
References
4
Case No. ADJ10574278
Regular
Oct 08, 2018

SERGIO GUTIERREZ vs. STRUCTURAL ALTERNATIVE SOLUTION CONCEPTS, NATIONAL UNION FIRE INSURANCE

The Workers' Compensation Appeals Board (WCAB) granted reconsideration, rescinded the previous decision, and returned the case for further development of the record. The WCAB found the prior judge erred in solely attributing the applicant's temporary disability to the defendant, Structural Alternative Solution Concepts. Medical evidence suggests the applicant may have sustained multiple cumulative injuries during subsequent employment. The WCAB mandates a review of potential consolidation of cases and requires medical evaluators to provide an analysis regarding the number and causation of injuries.

Cumulative injuryPetition for reconsiderationAgreed medical evaluatorTemporary disabilityCausationIndustrial injuryLeft elbowLeft bicep tendonLeft shoulderLow back
References
12
Case No. 05-19154-jf
Regular Panel Decision

In Re the Bridge to Life, Inc.

The Bridge To Life, Inc. ("Bridge") filed a Chapter 11 petition for the second time, despite a prior dismissal with prejudice. The court sua sponte dismissed the second case, leading Bridge to file a motion for reconsideration or, alternatively, a stay pending appeal. Bridge argued that the bar to refiling no longer applied as the underlying state court action against it had been dismissed. The court denied Bridge's motion, ruling that the refiling violated a prior injunction and constituted a misuse of Chapter 11. The court found that Bridge's Chapter 11 filings were primarily litigation tactics to gain advantage in a two-party dispute with William Lucadamo and to avoid enforcement of a sanctions judgment, rather than for legitimate reorganization purposes. The court emphasized that Chapter 11 should not be used to frustrate non-bankruptcy forums or to avoid supersedeas bonds.

BankruptcyChapter 11Motion for ReconsiderationStay Pending AppealBad Faith FilingLitigation TacticTwo-Party DisputePrior DismissalInjunction ViolationSanctions Judgment
References
19
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