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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

Royal Park Investments SA/NV v. U.S. Bank National Ass'n

Royal Park Investments SA/NV sued U.S. Bank National Association regarding residential mortgage-backed securities (RMBS). U.S. Bank moved to dismiss the action or disqualify Royal Park as class representative due to Royal Park's failure to produce documents from its assignors. The court, presided over by U.S. Magistrate Judge James C. Francis IV, found Royal Park's non-compliance willful but denied U.S. Bank's motion for sanctions and disqualification. The court reasoned that U.S. Bank had not yet demonstrated sufficient prejudice to warrant such severe sanctions, indicating that dismissal would be 'unnecessarily draconian'. The motion was denied without prejudice, allowing U.S. Bank to renew its application if prejudice could be shown.

Discovery SanctionsWillfulnessPrejudiceClass ActionRMBS LitigationTrust Indenture ActBreach of ContractBreach of TrustAssignor DocumentsStanding
References
31
Case No. In re U.S. Air Duct Corporation
Regular Panel Decision

Mazur v. U. S. Air Duct Corp. (In Re U. S. Air Duct Corp.)

The case involves the Sheet Metal Workers International Association, Local No. 58 (the Association) seeking to recover fringe benefits and wage supplement contributions from U.S. Air Duct Corporation (the Debtor) and its president, Franklin E. Bean (the Non-Debtor). The Association initiated an action in New York Supreme Court, which was subsequently stayed when the Debtor filed for Chapter 7 bankruptcy. The Non-Debtor removed the state-court proceeding to the Bankruptcy Court, prompting the Association to move for its remand. The Bankruptcy Court denied the Association's motion, asserting jurisdiction over the claim against the Non-Debtor based on its relation to the Title 11 case and the joint and several liability under New York Labor Law Section 198-c. The court also affirmed the permissibility of removal by "any party" under 28 U.S.C. 1478(a).

BankruptcyChapter 7RemovalRemandJurisdictionLabor LawFringe BenefitsWage SupplementsCorporate Officer LiabilityJoint and Several Liability
References
13
Case No. MISSING
Regular Panel Decision
Dec 09, 2011

Severstal U.S. Holdings, LLC v. RG Steel, LLC

Plaintiffs Severstal U.S. Holdings, LLC and Severstal U.S. Holdings II, Inc. initiated a declaratory judgment action against RG Steel to prevent arbitration regarding a Stock Purchase Agreement (SPA). RG Steel, in response, sought to compel arbitration, appoint an arbitrator, and stay the plaintiffs' action, arguing that disputes over purchase price adjustments related to Net Working Capital calculations were arbitrable. The core dispute centered on whether 'Contested Adjustments' should be resolved through the SPA's arbitration clause, particularly those concerning GAAP consistency, or if they constituted claims for breach of representation and warranty, falling under indemnification. The court, referencing the Federal Arbitration Act's strong policy favoring arbitration, determined that the contested adjustments were indeed arbitrable, distinguishing prior cases cited by the plaintiffs. Consequently, the court granted RG Steel's motion, compelling arbitration for all contested adjustments and staying the declaratory judgment action commenced by Severstal.

Arbitration AgreementStock Purchase AgreementGAAPNet Working CapitalDeclaratory JudgmentStay of ActionFederal Arbitration ActPurchase Price AdjustmentIndemnificationContract Interpretation
References
35
Case No. MISSING
Regular Panel Decision

U. S. Pillow Corp. v. McLeod

The U. S. Pillow Corporation (plaintiff) initiated legal action to prevent the Regional Director of the National Labor Relations Board (NLRB) from conducting a representation election involving its employees, as petitioned by Local 140. Although the election proceeded, the ballots were impounded. The court considered three motions: Local 140's request for intervention, U. S. Pillow's plea for an injunction to continue ballot impoundment, and the Regional Director's cross-motion to dismiss the complaint. The court granted Local 140's intervention. The core of U. S. Pillow's argument centered on alleged violations of its constitutional rights and administrative due process by the NLRB's decision to permit a single-employer unit election despite existing multi-employer agreements. The court, however, deemed the plaintiff's constitutional claims to be "transparently frivolous" and found no merit in any of its contentions. Consequently, the defendant's motion to dismiss the complaint was granted, and the plaintiff's request for an injunction pendente lite was denied.

Labor RelationsNLRBRepresentation ElectionJudicial ReviewInjunctionCollective BargainingMulti-employer UnitConstitutional RightsDue ProcessFirst Amendment
References
17
Case No. MISSING
Regular Panel Decision

Carrillo v. National Council of the Churches of the Christ in U.S.A.

Plaintiff Emilio F. Carrillo, Jr. was terminated from his role as Director of Human Resources at the National Council of the Churches of Christ in the U.S.A. (NCC) following an $8 million investment loss from the NCC Health Insurance Program for Retirees. He alleged violations of the Family and Medical Leave Act (FMLA) due to the timing of his termination coinciding with medical leave and also claimed defamation under New York state law by defendant Campbell regarding his role in the losses. The court granted summary judgment to the defendants on the FMLA claim, ruling that Carrillo, an at-will employee, was slated for termination prior to his leave, and the FMLA does not grant greater rights than otherwise entitled. The court declined to exercise supplemental jurisdiction over the state defamation claim, dismissing it.

FMLAwrongful terminationdefamationat-will employmentinvestment lossesmedical leavesummary judgmentsupplemental jurisdictionfederal claimstate law claim
References
7
Case No. 2022 NY Slip Op 02757
Regular Panel Decision
Apr 26, 2022

Home Depot U.S.A., Inc. v. State of New York

This case involves Home Depot U.S.A., Inc., as an assignee, appealing orders that denied its motion for summary judgment in a breach of contract claim against the New York State Insurance Fund (SIF). Home Depot sought coverage under an Employer's Liability Policy issued by SIF to Bryan's Home Improvement Corporation, covering damages for employee injuries where recovery is permitted by law, specifically for

Breach of ContractEmployer's Liability PolicyCollateral EstoppelGrave InjuryWorkers' Compensation LawSummary JudgmentIndemnificationAppellate ReviewInsurance CoverageAssignee Rights
References
4
Case No. 13 Civ. 1580; 12 Civ. 6811
Regular Panel Decision
Jun 17, 2015

U.S. Bank National Ass'n v. PHL Variable Life Insurance

This decision and order by District Judge McMahon addresses numerous motions in limine filed by both U.S. Bank National Association (applicant) and PHL Variable Life Insurance Company (Phoenix, defendant). The court evaluates the admissibility of expert testimony, evidence relating to actuarial justifications for cost of insurance (COI) rate increases, and Phoenix's financial condition. Key rulings concern claims of breach of the covenant of good faith and fair dealing, the relevance of life settlement investments, and the application of hearsay and prejudice rules. The decision provides detailed findings on specific exhibits and types of testimony, balancing probative value against potential unfair prejudice.

Insurance LawContract LawCovenant of Good Faith and Fair DealingCost of Insurance RatesActuarial AnalysisExpert Witness AdmissibilityMotions in LimineHearsay EvidenceRule 403 Balancing TestLife Settlement Industry
References
48
Case No. MISSING
Regular Panel Decision

Home Depot U.S.A., Inc. v. National Fire & Marine Insurance

Home Depot U.S.A., Inc., the general contractor, commenced an action against its subcontractor's insurer, National Fire & Marine Insurance Company, seeking a declaration of coverage. Home Depot, individually and as assignee of Westward Contracting, Inc., sought to compel National Fire to defend and indemnify it as an an additional insured in an underlying action, and to indemnify Westward. The Supreme Court denied Home Depot's discovery motion, granted National Fire summary judgment declaring Home Depot was not an additional insured, and denied National Fire's motion to dismiss Home Depot's claims as Westward's assignee for lack of standing and for summary judgment on the indemnification obligation to Westward. The appellate court affirmed the Supreme Court's order, finding Home Depot was not an additional insured and that the assignment to Home Depot was valid and did not relieve National Fire of its indemnification obligation to Westward.

Insurance CoverageAdditional InsuredIndemnificationSummary JudgmentStandingAssignment of ClaimsSubcontractor LiabilityGeneral ContractorCommercial General Liability PolicyAppellate Review
References
13
Case No. MISSING
Regular Panel Decision
May 14, 2015

Boice v. M+W U.S., Inc.

This case concerns a wage-and-hour action filed by Vincent E. Boice against M+W U.S., Inc., Total Facility Solutions, Inc., and M+W Zander N.Y. Architects, P.C. under the Fair Labor Standards Act. Plaintiff moved to conditionally certify a collective action and compel discovery. Magistrate Judge Hummel recommended denying conditional certification without prejudice but granting limited pre-certification discovery for employee contact information. District Judge Glenn T. Suddaby accepted and adopted this Report-Recommendation, denying the defendants' motion to strike the declaration and the plaintiff's motion for conditional certification while granting in part the motion to compel discovery. The court also denied other relief sought by the plaintiff and reopened the discovery period for 90 days.

FLSAWage-and-Hour ActionCollective ActionConditional CertificationDiscovery MotionOvertime CompensationJudicial ReviewEmployment LawClass Action ProcedureMagistrate Judge Recommendation
References
60
Case No. 2 NY3d 787
Regular Panel Decision

U.S. Underwriters Insurance v. City Club Hotel, LLC

The New York Court of Appeals addressed two certified questions from the Second Circuit regarding an insured's right to recover attorneys' fees. U.S. Underwriters Insurance Company had sought a declaratory judgment against its insureds, City Club Hotel, LLC and Shelby Realty, LLC, to deny coverage for a personal injury claim. The insurer's disclaimer of coverage was found untimely. The Court held that an insured who prevails in an insurer-initiated declaratory judgment action to deny coverage may recover attorneys' fees, irrespective of whether the insurer initially provided a defense in the underlying suit. This decision underscores that the insurer's duty to defend extends to litigation arising from its attempts to avoid policy obligations. The Court answered the first certified question in the affirmative for Shelby.

Declaratory Judgment ActionAttorneys' FeesInsurer Duty to DefendInsurance CoverageUntimely DisclaimerPrevailing PartyCertified QuestionSecond CircuitNew York Court of AppealsPolicy Obligations
References
6
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