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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

Jimmeson v. Berryhill

Plaintiff Makesha Jimmeson challenged the denial of her application for disability insurance benefits by the Commissioner of Social Security. The court found that the Administrative Law Judge (ALJ) failed to classify plaintiff's bipolar and impulse control disorders as severe impairments at Step Two of the evaluation process, an error deemed not harmless as these disorders could explain her treatment non-compliance. Furthermore, the ALJ mischaracterized a consultative psychiatric evaluation by Dr. Finnity, diluting her clear findings of plaintiff's inability to maintain a regular schedule, relate to others, and deal with stress. This led to an unsupported Residual Functional Capacity assessment. Consequently, the court granted the plaintiff's motion for judgment on the pleadings, denied the Commissioner's cross-motion, and remanded the case for further proceedings consistent with this order.

Social Security ActDisability BenefitsJudicial ReviewAdministrative Law Judge ErrorBipolar DisorderImpulse Control DisorderMental Health ImpairmentTreatment Non-complianceConsultative ExaminationResidual Functional Capacity
References
17
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
Mar 22, 2004

Frankhauser v. Barnhart

Plaintiff Henry Frankhauser sought Social Security Disability and Supplemental Security Insurance benefits, alleging disability due to polysubstance abuse, depression, bipolar disorder, and personality disorder. Administrative Law Judges and the Appeals Council denied his claims, asserting that substance abuse was a material contributing factor. The court reviewed cross-motions for judgment on the pleadings. It found that the ALJ improperly relied on the medical expert's testimony and failed to consider the treating physician's rule or whether Plaintiff's mental conditions provided good reason for non-compliance with treatment. The court concluded that Plaintiff's underlying mental impairments would lead to disability regardless of substance abuse. Therefore, the court denied the Defendant's motion, granted the Plaintiff's cross-motion, and remanded the case for benefit calculation and payment.

Social Security DisabilitySupplemental Security IncomeBipolar DisorderPersonality DisorderSubstance AbuseMedical ExpertTreating Physician RuleAdministrative AppealMental Health ImpairmentVocational Limitations
References
22
Case No. MISSING
Regular Panel Decision

Seltzer v. Hogue

Larry Hogue, previously admitted to Creedmoor Psychiatric Center, sought release, which was initially granted by the Supreme Court despite a history of mental illness (organic brain disorder, schizophrenia, bipolar disorder, substance abuse) and dangerous behavior. The Chief Executive Officer of Creedmoor appealed, presenting evidence from a treating psychiatrist, Dr. Kusum Kathpalia, Hogue's medical records, and a witness, Lisa Lehr, detailing his non-compliance with treatment and recurrent dangerous actions when not in a structured environment. Although Hogue's family offered to care for him, the appellate court found they were unable to provide adequate supervision given his history. The Appellate Division reversed the Supreme Court's decision, granting Hogue's involuntary retention at Creedmoor due to clear and convincing evidence of his mental illness and danger to himself and others.

involuntary commitmentmental illnessdangerousnesstreatment non-compliancepsychiatric retentionbipolar affective disorderschizophreniasubstance abusedue processclear and convincing evidence
References
8
Case No. MISSING
Regular Panel Decision
Aug 16, 2013

In re Tilar M.

Tilar M., a juvenile delinquent, was placed in non-secure settings under the New York City Administration for Children's Services' Close to Home Initiative. The Commissioner of ACS moved to modify this placement due to Tilar's repeated unauthorized absences from facilities like New York Foundling, Boys Town, and Children's Village. Evidence presented during the August 14, 2013, hearing detailed his non-compliance with prescribed psychotropic medications for diagnosed psychological disorders, including bipolar and schizoaffective disorders, aggressive behavior at Boys Town, and confirmed substance abuse during his runaways. The court found a substantial change of circumstances, concluding that Tilar M.'s inability to remain in non-secure settings and his needs, coupled with the community's protection, necessitated a transfer to the New York State Office of Children and Family Services for placement in a limited secure setting. The motion to modify his placement was granted.

Juvenile DelinquencyNon-Secure PlacementClose to Home InitiativeRunaway JuvenilePsychiatric DisorderBipolar DisorderSchizoaffective DisorderSubstance AbusePlacement ModificationFamily Court
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

Smith v. Apfel

The plaintiff applied for Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI) benefits, alleging disability since August 1993 due to bipolar disorder, attention deficit hyperactivity disorder (ADHD), and phobias. The Administrative Law Judge (ALJ) denied the claim, a decision upheld by the Appeals Council. The plaintiff subsequently brought this matter to the District Court, contending that the ALJ misapplied legal standards by failing to properly weigh his treating physician's opinion, incorrectly concluding his impairments did not meet a listed impairment, and inadequately describing his work capabilities. The court found that the ALJ failed to apply the proper legal standard to the treating physician's opinion and improperly discredited the plaintiff's subjective complaints by mischaracterizing evidence in the record. As a result, the court reversed the ALJ's decision and remanded the case, ordering reconsideration of the treating physician's opinion, the plaintiff's functional limitations, and further development of the record concerning the plaintiff's residual functional capacity.

Disability BenefitsSocial Security ActSSISSDIBipolar DisorderADHDPhobiasTreating Physician RuleALJ ErrorRemand
References
24
Case No. MISSING
Regular Panel Decision

Kesterson v. Varner

Bruce Varner (Father) appealed the trial court's dismissal of his Petition to Modify Custody of his son, J.V. The original custody was awarded to Judy Kesterson (Mother) in a 1990 divorce. Varner sought modification in 2002, citing J.V.'s serious mental health issues, including ADHD, Bipolar Disorder, and Oppositional Defiant Disorder, as a material change in circumstances. The trial court dismissed the petition, finding Varner failed to prove a material change in circumstances or that a custody change was in the child's best interest. The appellate court affirmed the trial court's decision, concluding that while a material change in circumstances was established due to J.V.'s mental health, Varner did not meet the burden of proof that changing custody to him would be in J.V.'s best interest, especially given expert testimony on J.V.'s manipulative behavior and the guardian ad litem's recommendation for J.V. to remain with the mother. The court also affirmed the allocation of attorney's fees and guardian ad litem fees to Varner.

Custody ModificationChild Mental HealthParental DiscretionBest Interest of ChildGuardian Ad Litem FeesAttorney Fees AwardAppellate ReviewTrial Court DismissalPsychiatric DiagnosisAttention Deficit Hyperactivity Disorder
References
29
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