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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

Legal Aid Society v. Association of Legal Aid Attorneys

The Legal Aid Society sought a preliminary injunction against the Association of Legal Aid Attorneys and its officers to prevent the disciplining of striking union members who crossed picket lines. The plaintiff also claimed tortious interference and a civil rights conspiracy under 42 U.S.C. § 1985(3) on behalf of itself, non-striking attorneys, and indigent clients. The District Court denied the injunction, finding several impediments to success on the merits. These included the NLRB's primary jurisdiction, the Norris-LaGuardia Act's prohibitions, and the plaintiff's lack of standing for third-party claims. Furthermore, the court determined that the conspiracy allegations under Section 1985(3) were conclusory and lacked substantial merit.

Labor DisputePreliminary InjunctionUnion DisciplinePicket LinesNational Labor Relations Act (NLRA)Norris-LaGuardia ActStanding (Law)Conspiracy (Law)Civil Rights (42 U.S.C. § 1985(3))Tortious Interference
References
32
Case No. MISSING
Regular Panel Decision

Washington Legal Foundation v. Texas Equal Access to Justice Foundation

The Washington Legal Foundation, along with a Texas attorney and a legal services consumer, challenged the mandatory Texas Interest on Lawyers’ Trust Accounts (IOLTA) Program, alleging violations of their First and Fifth Amendment rights. They claimed the program constituted a taking of property without just compensation and compelled financial support for objectionable organizations. The Defendants, including the Texas Equal Access to Justice Foundation and Supreme Court Justices, sought summary judgment, arguing the IOLTA program did not infringe on constitutional rights and served a legitimate state interest in providing legal services to the indigent. The Court granted summary judgment in favor of the Defendants, concluding that no cognizable property interest in the IOLTA-generated interest existed and no First Amendment violations occurred. Consequently, all plaintiffs' claims were dismissed with prejudice.

Fifth AmendmentFirst AmendmentIOLTA ProgramTaking ClauseFreedom of SpeechFreedom of AssociationSummary JudgmentTexasState BarLegal Services
References
51
Case No. 2025 NY Slip Op 04322 [240 AD3d 1230]
Regular Panel Decision
Jul 25, 2025

Skrzynski v. Akebono Brake Corp.

Joseph A. Skrzynski sued Akebono Brake Corporation and Ford Motor Company for personal injuries, specifically mesothelioma, resulting from asbestos exposure from friction products while working at an automobile dealership. The jury found Ford Motor Company liable for failing to warn about the asbestos hazards. On appeal, Ford challenged the legal sufficiency of the evidence for both general and specific causation. The Appellate Division, Fourth Department, affirmed the judgment, concluding that the trial evidence was legally sufficient to establish both that chrysotile asbestos from automotive brakes can cause peritoneal mesothelioma (general causation) and that plaintiff's exposure levels were sufficient to cause his illness (specific causation). A dissenting justice argued that plaintiff's experts offered insufficient evidence for both general and specific causation, particularly regarding the specific type of asbestos and the quantification of plaintiff's exposure.

Products LiabilityAsbestos ExposureMesotheliomaFailure to WarnCausationGeneral CausationSpecific CausationAppellate ReviewJury VerdictExpert Testimony
References
16
Case No. MISSING
Regular Panel Decision

Weiss v. Legal Aid Society

Plaintiff, an attorney formerly employed by The Legal Aid Society, initiated this action seeking wage step increases. The case was initially removed to federal court under Section 301 of the National Labor Relations Act, based on an alleged breach of a collective bargaining agreement. However, through subsequent proceedings and clarifications by plaintiff's counsel, it became evident that the claim was predicated solely on an alleged independent oral promise made by the Society to individual attorneys, rather than a contract between an employer and a labor organization. The court concluded that Section 301 jurisdiction only applies to violations of agreements between an employer and a labor organization, and thus, it lacked subject matter jurisdiction over the individual oral contract claim. Consequently, the action was dismissed.

Labour LawSubject Matter JurisdictionCollective Bargaining AgreementOral ContractWage DisputesDistrict CourtEmployment LawNational Labor Relations ActFederal Rules of Civil ProcedureMotion to Dismiss
References
3
Case No. MISSING
Regular Panel Decision
Mar 08, 2006

Nazario v. Fortunato & Fortunato, PLLC

The plaintiff initiated a legal malpractice action against a law firm and its members, alleging their failure to timely commence a personal injury action for injuries sustained in a workplace accident in August 2000. Plaintiff claimed a falling pipe caused a right rotator cuff tear and herniated discs, although the defendants successfully handled the workers' compensation claim. The defendants moved for summary judgment, arguing a lack of causal relationship between the 2000 accident and the claimed injuries, revealing plaintiff's extensive history of similar injuries from prior and subsequent automobile accidents, which he failed to disclose to treating physicians. The Supreme Court initially denied the motion, but the Appellate Division reversed, granting summary judgment to the defendants. The court found that the plaintiff failed to counter the defendants' evidence and raise a triable issue of fact regarding the causation of his injuries from the August 2000 incident.

Legal MalpracticeSummary JudgmentCausationPrior AccidentsUndisclosed Medical HistoryWorkers' Compensation ClaimPersonal InjuryRotator CuffHerniated DiscsAppellate Division
References
2
Case No. MISSING
Regular Panel Decision

Mental Hygiene Legal Service v. Maul

The Mental Hygiene Legal Service (MHLS), represented by its director Bruce Dix, petitioned the court to compel Thomas Maul, Commissioner of OMRDD, and Joseph Colarusso, Director of Sunmount DDSO, to provide access to investigative files regarding an incident involving resident Lynnette T. MHLS argued its statutory mandate under Mental Hygiene Law § 47.03 required access to safeguard residents from abuse. Respondents contended the records were protected from disclosure under Education Law § 6527 (3) and Mental Hygiene Law § 29.29, which prioritize confidentiality for quality assurance and incident investigations. The court, however, distinguished between CPLR Article 31 discovery and MHLS's specific statutory right of access. The court ruled that the statutes cited by the respondents did not prohibit disclosure to MHLS, granting MHLS access to the requested investigative reports and underlying documentation, with the stipulation that MHLS maintain their confidentiality.

Mental Hygiene LawAccess to RecordsCPLR Article 78Investigative FilesPatient RightsConfidentialityAbuse and MistreatmentState FacilitiesOMRDDSunmount DDSO
References
1
Case No. 09-04-526 CV
Regular Panel Decision
Jan 27, 2005

in Re RLS Legal Solutions, LLC and Yandell Rogers, III

Amy Maida sued RLS Legal Solutions, L.L.C. and Yandell Rogers III for various claims related to her employment, which included an arbitration provision. RLS filed a petition for writ of mandamus after the trial court denied their motion to compel arbitration, following a previous mandamus proceeding. Maida argued economic duress, alleging RLS withheld her pay until she signed the arbitration agreement. The Court of Appeals reviewed whether the trial court abused its discretion in denying the motion to compel arbitration, specifically considering if the economic duress defense related to the arbitration provision itself. The court found sufficient evidence to support the trial court's finding that the arbitration agreement was procured by wrongfully withholding Maida's pay, thereby defeating her free agency, and consequently denied the petition for writ of mandamus.

MandamusArbitration AgreementEconomic DuressMotion to Compel ArbitrationEmployment DisputeWrit of MandamusFederal Arbitration ActContract EnforcementTexas Court of AppealsSufficiency of Evidence
References
12
Case No. 2022 NY Slip Op 00229
Regular Panel Decision
Jan 13, 2022

Matter of Patsis (Legal Interpreting Servs., Inc.--Commissioner of Labor)

The case concerns an appeal by Legal Interpreting Services, Inc. (LIS) from a decision of the Unemployment Insurance Appeal Board. The Board had ruled that Louiza Patsis, a linguist working for LIS, was an employee and that LIS was liable for unemployment insurance contributions. LIS contended that Patsis was an independent contractor and challenged the Board's adherence to Department of Labor guidelines. The Appellate Division, Third Department, affirmed the Board's decision, finding substantial evidence supported the finding of an employment relationship. The court noted the control LIS exercised over its linguists through a written agreement and job assignments, and found no inconsistency with the Department of Labor guidelines.

unemployment insuranceemployment relationshipindependent contractorappellate divisionlabor lawunemployment benefitsstatutory interpretationsubstantial evidenceadministrative reviewlegal interpreting
References
7
Case No. 2022 NY Slip Op 00228 [201 AD3d 1164]
Regular Panel Decision
Jan 13, 2022

Matter of Debora (Legal Interpreting Servs., Inc.--Commissioner of Labor)

This case concerns an appeal by Legal Interpreting Services, Inc. (LIS) from decisions by the Unemployment Insurance Appeal Board. The Board determined that Fausto Debora, a linguist, was an employee of LIS and that LIS was liable for unemployment insurance contributions. The Appellate Division, Third Department, affirmed the Board's finding, concluding that substantial evidence supported the existence of an employment relationship. The court noted that LIS exercised sufficient control over its linguists by screening qualifications, negotiating pay, and assigning jobs, despite some flexibility offered to the linguists. The decision also dismissed LIS's argument regarding Department of Labor guidelines, stating no inconsistency was found with established common-law tests for employment.

Unemployment InsuranceEmployment RelationshipIndependent ContractorAppellate ReviewSubstantial EvidenceLinguist ServicesControl TestDepartment of Labor GuidelinesEmployer LiabilityStatutory Interpretation
References
10
Case No. No. 28
Regular Panel Decision
Apr 21, 2022

The Matter of Mental Hygiene Legal Service v. Kerry Delaney

This case involves an appeal by Mental Hygiene Legal Service on behalf of a 16-year-old child with developmental disabilities who was confined to an emergency room for several weeks due to a lack of suitable residential placement or in-home services. Petitioner sought the child's immediate discharge and a declaration that the state's failure to provide community habilitation and respite services was arbitrary and violated her statutory rights under CPLR articles 70 and 78, and the Americans with Disabilities Act. The lower courts dismissed the petition, finding the matter moot but applying the exception. The Court of Appeals ultimately dismissed the appeal on grounds of mootness, citing intervening material alterations to service programs, specifically the Crisis Services for Individuals with Intellectual and/or Developmental Disabilities (CSIDD) program. A dissenting opinion argued for the application of the mootness exception and the viability of petitioner's claims under state and federal law.

Developmental DisabilitiesMedicaid ServicesEmergency Room ConfinementMootness ExceptionIntegration MandateMental Hygiene LawAmericans with Disabilities ActCrisis ServicesResidential PlacementNew York Court of Appeals
References
33
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