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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Medafrica Line, S.P.A. v. American West African Freight Conference

On March 20, 1984, Medafrica Line, S.P.A. (Medafrica) obtained a preliminary injunction preventing the American West African Freight Conference (AWAFC) from collecting a $9,118,301 penalty. As a condition, Medafrica posted a $150,000 bond issued by the Insurance Company of North America (INA). The injunction was contingent on the outcome of Federal Maritime Commission (FMC) proceedings and any subsequent arbitration. On February 18, 1986, the FMC dismissed Medafrica's administrative complaint with prejudice, and the time for appeal or arbitration expired. AWAFC subsequently moved to dissolve the injunction, dismiss the action, and seek judgment for $150,000 against INA on the bond, arguing they were wrongfully enjoined. The court found that AWAFC was indeed wrongfully enjoined and suffered damages because Medafrica became insolvent during the injunction's pendency, preventing AWAFC from collecting the penalty. Therefore, the court granted AWAFC's motions, dissolving the preliminary injunction, dismissing the action, and holding INA liable to AWAFC for $150,000 on the injunction bond.

Preliminary InjunctionInjunction BondWrongful InjunctionDamagesBankruptcySuretyFederal Maritime CommissionFed.R.Civ.P. 65(c)Fed.R.Civ.P. 65.1Collection
References
4
Case No. ADJ10168722
Regular
Feb 27, 2017

Kenneth Kail vs. Central Freight Lines, Ace American Insurance Company, ESIS

This case involves a workers' compensation claim for hearing loss by an applicant against Central Freight Lines. The defendant sought to deny the claim based on the statute of limitations and a post-termination defense, arguing the applicant knew of his industrial injury earlier. However, the applicant credibly testified he was unaware his hearing loss was work-related until a 2015 hearing test. Based on this, the Board adopted the WCJ's findings and denied reconsideration, finding the claim timely filed after the applicant's realization of the industrial causation.

WORKERS' COMPENSATION APPEALS BOARDFindings and AwardPetition for Reconsiderationstatute of limitationspost-termination defenseLabor Code section 5405Labor Code section 3600(a)(10)date of injurycumulative injuriesdisability
References
2
Case No. MISSING
Regular Panel Decision

Young v. Central Square Central School District

Plaintiff sued Central Square Central School District under the Americans With Disabilities Act (ADA) and the Rehabilitation Act, alleging discrimination due to her multiple sclerosis diagnosis and the District's failure to provide reasonable accommodations. The District moved for summary judgment, arguing collateral estoppel from a prior administrative hearing that found Plaintiff unfit to teach, and also sought to disqualify Plaintiff's counsel. The Court denied the summary judgment motion, ruling that collateral estoppel did not bar the litigation of reasonable accommodation issues. However, the motion to disqualify Plaintiff's law firm, O'Hara & O'Connell, was granted because an associate had previously worked on the District's defense in related matters, creating an appearance of impropriety. Consequently, Plaintiff must secure new legal representation or proceed pro se within ninety days.

Americans with Disabilities ActRehabilitation ActReasonable AccommodationMultiple SclerosisEmployment DiscriminationCollateral EstoppelAttorney DisqualificationConflict of InterestSummary JudgmentTeacher Disability
References
26
Case No. MISSING
Regular Panel Decision

L. B. Smith, Inc. v. Circle Air Freight Corp.

Defendant and third-party plaintiff Circle Air Freight Corp. moved to dismiss two affirmative defenses raised by third-party defendant Iberia Air Lines of Spain. The court denied the motion to strike the first affirmative defense, 'failure to state a cause of action,' as it is not subject to such a motion. Regarding the second affirmative defense, which asserted that the action was time-barred by the two-year period in Warsaw Convention article 29, Circle argued this period was inapplicable to contribution claims. However, the court ruled that Warsaw Convention article 29 constitutes an absolute condition precedent to suit, not merely a statute of limitations, and its two-year period applies broadly to all actions for damages, including those for contribution, overriding conflicting State laws. Consequently, Circle's motion to strike Iberia's second affirmative defense was also denied.

Warsaw ConventionContributionStatute of LimitationsCondition PrecedentAir Carrier LiabilityThird-Party ActionAffirmative DefenseDismissal MotionFederal SupremacyTreaty Interpretation
References
9
Case No. MISSING
Regular Panel Decision
Aug 23, 1995

Bombard v. Central Hudson Gas & Electric Co.

This case involves an appeal from an order granting summary judgment to defendants Central Hudson Gas & Electric Company and Mid-Hudson Auto Wreckers, Inc., thereby dismissing the plaintiff's complaint. The plaintiff, Bombard, had previously alleged a breach of common-law duty to provide a safe workplace and sought to amend the complaint to include a cause of action under Labor Law § 241 (6). The Appellate Division affirmed the lower court's decision, concluding that there was no new evidence to support Central Hudson's supervision or control over the plaintiff's work, a prerequisite for the safe workplace claim. Similarly, Mid-Hudson was found not to have exercised sufficient supervision, and the danger posed by power lines was deemed readily observable, negating a duty to protect from obvious hazards. Furthermore, the court denied the motion to amend the complaint, ruling that the work of removing cars from a junkyard did not fall within the scope of 'construction, excavation or demolition' as required by Labor Law § 241 (6).

Summary judgmentLabor LawWorkplace safetySupervision and controlObvious dangerAppellate reviewCommon-law dutyNegligenceStatutory interpretationJunkyard accident
References
10
Case No. MISSING
Regular Panel Decision

Air Line Pilots Ass'n, International v. Eastern Air Lines, Inc. (In Re Ionosphere Clubs, Inc.)

The Air Line Pilots Association International (ALPA) moved to lift the automatic stay imposed during Eastern Air Lines, Inc.'s Chapter 11 bankruptcy proceedings. ALPA sought to continue three arbitration proceedings related to a pay-parity provision in their collective bargaining agreement, which had been automatically stayed. The court considered the federal policy favoring labor arbitration, the potential impact on the bankruptcy estate, and the willingness of arbitrators to allow the Official Unsecured Creditor’s Committee to participate. Finding that 'cause' existed to modify the stay and noting the availability of claims estimation under 11 U.S.C. § 502(c) as a safeguard against undue delay, the court granted ALPA's motion, allowing the arbitration proceedings to resume.

Bankruptcy ProceedingsAutomatic Stay ReliefLabor ArbitrationCollective BargainingRailway Labor ActPay Parity GrievanceChapter 11 ReorganizationCreditors' Committee ParticipationSection 362(d)Dispute Resolution
References
23
Case No. MISSING
Regular Panel Decision

Peros v. Grace Line, Inc.

Mile Peros, a longshoreman employed by Grace Line, Inc., sought damages for injuries sustained on the S.S. SANTA LUISA, owned by Grace Line, Inc. He filed an action at law against Grace Line, Inc. and a proceeding in admiralty against the ship and Grace Line, Inc. as claimant. The defendant moved to dismiss the actions, arguing that the Longshoremen’s and Harbor Workers’ Compensation Act was the exclusive remedy. Peros countermoved to strike these defenses. The court, citing precedent from Reed v. S.S. Yaka and similar cases, denied the respondent's motion and granted the libelant's motion, concluding that Yaka controlled despite the defendant being the actual owner and stevedore employer.

LongshoremenHarbor WorkersCompensation ActAdmiraltyMaritime LawPersonal InjuryExclusive RemedyShipownerEmployer LiabilityMotion Practice
References
3
Case No. MISSING
Regular Panel Decision

Pereda v. Grace Line, Inc.

This case involves a stevedore who brought an action for personal injuries against Grace Line, Inc., the owner of a ship where the accident occurred. The stevedore, while carrying bananas, fell from a ramp improvised from loose planks. The claim was based on negligence, not unseaworthiness. The court found no evidence that the manner in which the ramp was formed, of loose planks, was contrary to good or accepted practice. Consequently, the complaint against defendant Grace Line, Inc. was dismissed, modifying a previous judgment in favor of the plaintiff. The court affirmed the judgment in favor of the third-party defendants against third-party plaintiff Grace Line, Inc.

Personal InjuryStevedoreNegligenceShip AccidentWorkplace SafetyRamp AccidentLoose PlanksComplaint DismissalAppellate DecisionThird-Party Claim
References
0
Case No. MISSING
Regular Panel Decision

Regensdorfer v. Central Buffalo Project Corp.

The Supreme Court erred in denying the cross motion of defendant Central Buffalo Project Corporation and third-party defendant United States Shoe Corporation, doing business as Casual Corner, for summary judgment dismissing the complaint. An out-of-possession landlord, Central Buffalo, was not liable as it relinquished control, was not contractually obligated to repair nonstructural defects, and did not have notice of the condition. The loose stairway treads were deemed a non-structural defect. Additionally, Casual Corner was contractually obligated to indemnify Central Buffalo. The amendment to Workers' Compensation Law § 11, effective September 10, 1996, was deemed prospective only and not applicable to this action.

Landlord LiabilityPremises LiabilitySummary JudgmentContractual IndemnificationWorkers' Compensation LawStructural DefectNotice of DefectAppellate ReviewOut-of-Possession LandlordLease Agreement
References
15
Case No. MISSING
Regular Panel Decision

Air Line Pilots Ass'n, International v. Pan American World Airways, Inc.

The Air Line Pilots Association (ALPA) and the Flight Engineers’ International Association (FEIA) filed an action under the Railway Labor Act against Pan American World Airways (Pan Am) seeking a preliminary injunction. The unions aimed to compel Pan Am to revert to non-concessionary "white pages" agreements after January 1, 1985, arguing that prior "pink pages" concessions were temporary and had expired. Pan Am contended the "pink pages" constituted the status quo for ongoing negotiations. Presiding Judge McLaughlin, consolidating the trial on merits with the injunction hearing, ruled that the parties had explicitly agreed in their contracts that the "white pages" would define the status quo after the expiration of the temporary concessions. Consequently, the court granted the injunction, ordering Pan Am to construct future flight assignment bid lines in accordance with the "white pages," while denying the retrospective reconstruction of already issued January bid lines.

Railway Labor ActPreliminary InjunctionStatus QuoCollective BargainingLabor AgreementContract InterpretationUnion RightsEmployer ObligationsBid LinesConcessionary Agreements
References
10
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