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Case Law Database

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

Case No. 2025 NYSlipOp 07359

Regular Panel Decision

Dec 31, 2025

Matter of Brady v. Town of Warwick

Scott T. Brady, a heavy equipment operator, was injured in April 2023 and subsequently filed a workers' compensation claim in August 2023 for disputed psychiatric injuries. Brady died in September 2023 before undergoing a scheduled independent medical examination or participating in a hearing. The Workers' Compensation Board ruled that the claim abated regarding the controverted conditions due to an inadequately developed record. The Board found that the employer was deprived of the opportunity to cross-examine Brady or have him physically examined to assess the alleged psychiatric injuries. The Appellate Division, Third Department, affirmed the Board's decision, concluding there was no abuse of discretion in holding the claim abated.

Workers' CompensationAbatement of ClaimPsychiatric InjuryIndependent Medical ExaminationDue ProcessCross-ExaminationRecord DevelopmentEstateEmployer LiabilityThird Department

References

Case No. CV-25-0385

Regular Panel Decision

Dec 31, 2025

In the Matter of the Claim of Scott Brady

This case concerns an appeal from a Workers' Compensation Board decision regarding Scott T. Brady's claim for psychiatric injuries. Brady died before an independent medical examination or hearing could be held. The Board ruled the claim abated due to his death, citing the employer's inability to adequately develop the record, cross-examine the claimant, or conduct a medical examination. The Appellate Division affirmed this decision, finding no abuse of discretion in the Board's determination. The court emphasized that the employer's due process rights would be infringed if the claim proceeded without proper investigation of the controverted conditions after the claimant's death.

Workers' CompensationAbatement of ClaimPsychiatric InjuriesIndependent Medical ExaminationDue ProcessCross-examinationEstateDeath BenefitsAppellate ReviewThird Judicial Department

References

Case No. MISSING

Regular Panel Decision

Brady v. Dammer

This Memorandum-Decision and Order addresses Defendants' motion for summary judgment in a case filed by Plaintiff Sandra Brady against employees of the New York State Department of Taxation and Finance. Brady alleged employment discrimination, retaliation under the ADA (Titles I, II, V), First Amendment violations (speech and association), due process, and equal protection claims stemming from events between 2001 and 2004, including a denied promotion, involuntary leave, and alleged harassment. The Court granted summary judgment to the Defendants, dismissing all federal claims with prejudice and state claims without prejudice, finding no sufficient evidence of adverse employment actions or constitutional violations.

ADAEmployment DiscriminationRetaliationSummary JudgmentFirst AmendmentDue ProcessEqual ProtectionPublic EmployeeState Sovereign ImmunityOfficial Capacity

References

Case No. MISSING

Regular Panel Decision

Brady v. Reed

The case involves petitioner Reed, who sought workers' compensation after sustaining an eye injury while working as a carpenter for defendants Brady and wife. Reed claimed the defendants were partners in a building business employing five or more people, making them subject to the Tennessee Workmen's Compensation Act. The defendants disputed their partnership status and the number of employees. The Trial Judge ruled in favor of Reed. On appeal, the Court affirmed the lower court's decision, finding sufficient evidence to support that Brady and wife were engaged in a building business and employed enough individuals to fall under the Act. The Court also denied Reed's request for a lien on the property, noting the claim was filed more than ninety days post-injury.

Workers' Compensation LawEmployer DefinitionEmployee ClassificationPartnership LiabilityStatutory CoverageLien EnforcementAppellate ProcedureEvidence SufficiencyConstruction IndustryTennessee Supreme Court

References

Case No. MISSING

Regular Panel Decision

O'Neal v. City of New York

Johnnie O’Neal sued the City of New York, the New York City Housing Authority (NYCHA), and Detective Jose Morales under 42 U.S.C. § 1983, alleging violations of his civil rights. His lawsuit stemmed from his 1985 rape and robbery convictions, which were vacated in 2013. O’Neal claimed malicious prosecution and fair trial violations against Morales for allegedly fabricating evidence, and municipal liability against the City and NYCHA based on alleged Brady violations and a failure to train prosecutors. The court granted the defendants' motions to dismiss. It found Morales protected by absolute immunity for his statements to the ADA and trial testimony, and concluded O’Neal failed to plead a plausible Brady violation or a pattern of violations necessary for his Monell claim against the City.

Civil RightsSection 1983Malicious ProsecutionFair Trial ViolationAbsolute ImmunityTestimonial ImmunityProsecutorial ImmunityMonell ClaimBrady ViolationFailure to Train

References

Case No. 01-11-01032-CV

Regular Panel Decision

Aug 15, 2013

Stewart & Stevenson, LLC v. Brady Foret

Brady Foret sued Stewart & Stevenson, LLC for negligence after an oil drilling rig (Rig 65), which had been refurbished by Stewart & Stevenson, collapsed, causing Foret to fall over eighty feet and suffer severe injuries including orthopedic injuries and a traumatic brain injury. A jury found both Stewart & Stevenson (85%) and Key Energy Services, LLC (15%) negligent and awarded Foret substantial damages for past and future pain, mental anguish, physical impairment, and lost earning capacity. Stewart & Stevenson appealed, challenging the trial court's decision not to include Apache Corporation and Robert McLemore as responsible third parties in the jury charge, the excessiveness of the future damages awards, and the admission of late-filed discovery evidence. The First District Court of Appeals of Texas affirmed the trial court's judgment, finding sufficient evidence supported the jury's negligence and damage findings, and no abuse of discretion in the exclusion of third parties or admission of evidence.

NegligencePersonal InjuryOil Rig CollapseTraumatic Brain InjurySpinal Cord InjuryLost Earning CapacityMental AnguishPhysical ImpairmentJury VerdictDamages

References

Case No. MISSING

Regular Panel Decision

Oct 30, 2006

Securities & Exchange Commission v. Brady

This case involves discovery disputes between Defendant Gregory A. Brady, a former executive of i2 Technologies, and the i2 Audit Committee and its legal counsel, Baker Botts L.L.P. Brady, who is a defendant in an underlying SEC lawsuit for alleged accounting improprieties, sought to compel the production of documents from internal investigations conducted by Baker Botts. The i2 Audit Committee and Baker Botts, in turn, moved for the protection and return of privileged materials. The court denied Brady's motion to compel the production of documents, categorizing them as protected opinion work product for which Brady failed to demonstrate a compelling need. However, the court found that both attorney-client privilege and work product immunity had been waived for certain materials due to prior disclosures to third parties. The court granted the motion for protection, ordering Brady to return specific privileged documents, and also granted Brady's motion for leave to file a supplemental brief.

Discovery DisputeAttorney-Client PrivilegeWork Product DoctrineWaiver of PrivilegeOpinion Work ProductMotion to CompelProtective OrderSEC InvestigationInternal InvestigationCorporate Governance

References

Case No. MISSING

Regular Panel Decision

Torres v. Donnelly

Jesus Torres filed a pro se habeas corpus petition challenging his New York State Supreme Court conviction for two counts of first-degree robbery, stemming from incidents on November 6, 1997, in Buffalo. He alleged a Brady violation due to delayed disclosure of an exculpatory photographic array, ineffective assistance of trial counsel regarding witness cross-examination and a stipulation, and an erroneous denial of his request for substitute counsel. The court denied the petition, finding no constitutional violations. It determined that counsel had a meaningful opportunity to use the Brady material, that counsel's performance was not constitutionally ineffective despite errors, and that the trial court did not abuse its discretion in denying substitution of counsel.

habeas corpusineffective assistance of counselBrady violationphotographic arraywitness identificationappellate reviewcriminal proceduredue processSixth Amendmentfederal review

References

Case No. MISSING

Regular Panel Decision

In re Linda FF.

This case involves an appeal from Family Court orders regarding a respondent's violation of supervision orders concerning her two children, Linda FF. and Charles FF. The respondent had previously consented to neglect findings for both children, who were placed in petitioner's custody, and was placed under supervision with conditions including family counseling, parenting education, and anger management. Petitioner initiated violation proceedings alleging the respondent failed to comply with these terms by missing classes and exhibiting a negative attitude, and Family Court found a willful violation, revoking the supervision orders and imposing a suspended 45-day jail term. On appeal, the respondent argued that Family Ct Act § 1072, used for enforcement, only applies to supervision orders issued under § 1054, not her orders which were likely under § 1057, but the appellate court interpreted this as legislative oversight and allowed enforcement under § 1072. The court affirmed the Family Court's determination, finding ample evidence of willful and unjustifiable violation of the supervision order terms.

Family LawChild NeglectSupervision OrderViolation ProceedingFamily Court Act § 1072Legislative OversightParenting ClassesAnger ManagementCustodyWillful Violation

References

Case No. MISSING

Regular Panel Decision

White v. Keane

Robert C. White, a state prisoner, filed a federal habeas corpus petition under 28 U.S.C. § 2254, challenging his 1993 Sullivan County conviction for multiple counts of sodomy and sexual abuse. He raised five main claims: denial of speedy trial rights (CPL § 30.30), Brady violation due to delayed disclosure of exculpatory grand jury testimony, erroneous admission of child sexual abuse syndrome expert testimony, trial court error in not setting aside the verdict based on new evidence, and ineffective assistance of counsel. The court reviewed his claims, noting prior state appellate decisions affirming parts of his conviction. Ultimately, the District Court dismissed White's habeas petition, finding no constitutional violations in the state court proceedings regarding his speedy trial, Brady claim, expert testimony, new evidence, or ineffective assistance of counsel claims.

Habeas CorpusSpeedy TrialBrady ViolationExculpatory EvidenceIneffective Assistance of CounselChild Sexual Abuse SyndromeNewly Discovered EvidenceFederal ReviewCriminal ProcedureSexual Abuse

References

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Updated Daily

Case Law Database

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

Case No. 2025 NYSlipOp 07359

Regular Panel Decision

Dec 31, 2025

Matter of Brady v. Town of Warwick

Workers' CompensationAbatement of ClaimPsychiatric InjuryIndependent Medical ExaminationDue ProcessCross-ExaminationRecord DevelopmentEstateEmployer LiabilityThird Department

References

Case No. CV-25-0385

Regular Panel Decision

Dec 31, 2025

In the Matter of the Claim of Scott Brady

Workers' CompensationAbatement of ClaimPsychiatric InjuriesIndependent Medical ExaminationDue ProcessCross-examinationEstateDeath BenefitsAppellate ReviewThird Judicial Department

References

Case No. MISSING

Regular Panel Decision

Brady v. Dammer

ADAEmployment DiscriminationRetaliationSummary JudgmentFirst AmendmentDue ProcessEqual ProtectionPublic EmployeeState Sovereign ImmunityOfficial Capacity

References

Case No. MISSING

Regular Panel Decision

Brady v. Reed

References

Case No. MISSING

Regular Panel Decision

O'Neal v. City of New York

Civil RightsSection 1983Malicious ProsecutionFair Trial ViolationAbsolute ImmunityTestimonial ImmunityProsecutorial ImmunityMonell ClaimBrady ViolationFailure to Train

References

Case No. 01-11-01032-CV

Regular Panel Decision

Aug 15, 2013

Stewart & Stevenson, LLC v. Brady Foret

NegligencePersonal InjuryOil Rig CollapseTraumatic Brain InjurySpinal Cord InjuryLost Earning CapacityMental AnguishPhysical ImpairmentJury VerdictDamages

References

Case No. MISSING

Regular Panel Decision

Oct 30, 2006

Securities & Exchange Commission v. Brady

Discovery DisputeAttorney-Client PrivilegeWork Product DoctrineWaiver of PrivilegeOpinion Work ProductMotion to CompelProtective OrderSEC InvestigationInternal InvestigationCorporate Governance

References

Case No. MISSING

Regular Panel Decision

Torres v. Donnelly

habeas corpusineffective assistance of counselBrady violationphotographic arraywitness identificationappellate reviewcriminal proceduredue processSixth Amendmentfederal review

References

Case No. MISSING

Regular Panel Decision

In re Linda FF.

Family LawChild NeglectSupervision OrderViolation ProceedingFamily Court Act § 1072Legislative OversightParenting ClassesAnger ManagementCustodyWillful Violation

References

Case No. MISSING

Regular Panel Decision

White v. Keane

Habeas CorpusSpeedy TrialBrady ViolationExculpatory EvidenceIneffective Assistance of CounselChild Sexual Abuse SyndromeNewly Discovered EvidenceFederal ReviewCriminal ProcedureSexual Abuse

References

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