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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
Feb 24, 2006

Hatfill v. Foster

This decision and order revisits the choice of substantive law in a libel case filed by Dr. Steven Hatfill against Conde Nast Publications, Donald Foster, and The Reader's Digest Association, concerning articles published about the 2001 anthrax attacks. Initially, the court had determined Virginia law applied. However, after further jurisdictional discovery revealed that plaintiff Hatfill had made misrepresentations about his domicile, the court reversed its prior ruling. It concluded that Hatfill was domiciled in Washington D.C. at the time of the articles' publication, and therefore, Washington D.C. law will govern the substantive issues for all defendants. Additionally, the court ordered plaintiff's counsel to show cause why their pro hac vice status should not be revoked due to these alleged misrepresentations and omissions of material facts regarding their client's domicile.

LibelDefamationChoice of LawDomicile DeterminationJurisdictional DiscoveryMisrepresentation to CourtPro Hac Vice RevocationForum ShoppingSingle Publication RuleConflict of Laws
References
19
Case No. MISSING
Regular Panel Decision

In Re the Complaint of American President Lines, Ltd.

This case involves two related limitation proceedings (the "APL Action" and the "Hanjin Action") arising from a vessel collision in Korean waters between the President Washington (owned by American President Lines, Ltd. - APL) and the Hanjin Hong Kong (chartered by Hanjin Shipping Company Ltd. and owned by Highlight Navigation Corporation). The U.S. District Court, Southern District of New York, presided by Judge SWEET, addressed motions concerning forum non conveniens, transfer of venue, and choice of law. The Court granted APL's motions for summary judgment, dismissing Hanjin's affirmative defenses regarding forum non conveniens and venue transfer in the APL Action, and striking (with leave to replead) Hanjin's defense concerning Korean law. Concurrently, the Court denied Hanjin's motion to dismiss the Hanjin Action on forum non conveniens grounds, concluding that the balance of private and public interest factors did not strongly favor dismissal to a foreign forum or transfer to the Western District of Washington.

Admiralty LawMaritime LawVessel CollisionLimitation of LiabilityForum Non ConveniensTransfer of VenueChoice of LawCargo ClaimsInternational ShippingKorean Law
References
32
Case No. 01 Civ. 6600(RLC)
Regular Panel Decision

Internet Law Library, Inc. v. Southridge Capital Management, LLC

Internet Law Library, Inc. and Hunter M.A. Carr (Internet Law) moved to consolidate two separate legal actions and sought designation as the plaintiff in the combined litigation. Cootes Drive LLC and other entities (Cootes Drive) opposed Internet Law's plaintiff designation but did not object to consolidation itself. The first action, initiated by Internet Law in Texas, alleged securities law violations and fraud by Cootes Drive regarding a Stock Purchase Agreement. The second action, filed by Cootes Drive in New York, accused Internet Law of breaching the same agreement and committing fraud. The Texas court subsequently transferred Internet Law's action to New York for potential consolidation. The court, finding common legal and factual questions and minimal risks of confusion or prejudice, granted the consolidation. Additionally, the court designated Internet Law as the plaintiff and *sua sponte* consolidated a third related case, *Brewer, et al. v. Southridge Capital Management LLC, et al.*

Consolidation of actionsRule 42(a) F.R. Civ. P.Realignment of partiesCompulsory counterclaimForum shoppingFirst-to-file ruleStock Purchase AgreementSecurities fraudBreach of contractJudicial economy
References
27
Case No. MISSING
Regular Panel Decision

Liberty USA Corp. v. Buyer's Choice Insurance Agency LLC

Liberty USA Corporation sued Buyer's Choice Insurance Agency LLC and Terry S. Jacobs for $183,333.00 due on a Promissory Note. Defendants, after removing the case to federal court in the Southern District of New York, moved to dismiss or transfer venue. The central issue was conflicting forum selection clauses in the Promissory Note (New York) and an Asset Purchase Agreement (Ohio), both part of the same transaction. Applying contract interpretation principles from both New York and Ohio law, the court determined the Asset Purchase Agreement's Ohio forum selection clause superseded the Promissory Note's clause. Lacking statutory authority to transfer to a state court, the federal court granted the Defendants' motion to dismiss without prejudice.

Forum Selection ClausePromissory NoteAsset Purchase AgreementSubject Matter JurisdictionPersonal JurisdictionTransfer of VenueDiversity JurisdictionContract InterpretationOhio LawNew York Law
References
26
Case No. MISSING
Regular Panel Decision

Konopczynski v. Adf Constr. Corp.

Plaintiff brought a Labor Law and common-law negligence action for injuries sustained after tripping in a floor depression at a worksite. The Supreme Court initially granted the defendant's motion for summary judgment, dismissing the complaint. On appeal, the order was modified. The appellate court affirmed the dismissal of the Labor Law § 241 (6) claim, agreeing that the floor depressions were an integral part of the construction. However, the court reinstated the Labor Law § 200 and common-law negligence claims, finding that the defendant failed to prove a lack of constructive notice regarding the hazardous conditions, despite the open and obvious nature of the depression.

Personal InjuryWorkplace AccidentTripping HazardSummary JudgmentPremises LiabilityConstructive NoticeComparative FaultLabor Law § 200Labor Law § 241(6)Common-Law Negligence
References
6
Case No. MISSING
Regular Panel Decision
Jul 09, 2009

Prand Corp. v. Town Board of Town of East Hampton

This case involves a hybrid proceeding initiated by petitioners/plaintiffs to challenge a determination by the Town Board of the Town of East Hampton. The petitioners sought to annul Local Law No. 25 (2007), which amended the Open Space Preservation Law, and to declare Local Law No. 16 (2005) and Local Law No. 25 (2007) null and void. The Town Board, acting as the lead agency, had issued a negative declaration under the State Environmental Quality Review Act (SEQRA) for Local Law No. 25, obviating the need for an Environmental Impact Statement (EIS). The Supreme Court annulled Local Law No. 25 as it applied to the petitioners' property, finding it was enacted in violation of SEQRA, and remitted the matter for full SEQRA review. The appellate court affirmed this judgment, concluding that the Town Board failed to take the requisite "hard look" at potential environmental impacts such as soil erosion, vegetation removal, and conflicts with the community's comprehensive plan, thus improperly issuing the negative declaration.

SEQRAEnvironmental LawZoning LawLand UseLocal Law No. 25 (2007)Local Law No. 16 (2005)Comprehensive PlanNegative DeclarationEnvironmental Impact StatementTown Board
References
16
Case No. MISSING
Regular Panel Decision
Jul 12, 2006

Amantia v. Barden & Robeson Corp.

Plaintiff, a subcontractor's worker, sued defendants for personal injuries under Labor Law and common-law negligence after falling from a cargo truck while unloading forms. The Supreme Court denied plaintiff's cross-motion for partial summary judgment under Labor Law § 240 (1) and § 241 (6) and partially denied defendants' motion to dismiss. The Appellate Division modified the order, granting defendants' motion in its entirety and dismissing the complaint. It found Labor Law § 240 (1) inapplicable as there was no significant elevation risk, and Labor Law § 241 (6) claims, based on specific industrial code violations, were also dismissed due to their inapplicability to the facts.

Labor Law § 240(1)Labor Law § 241(6)Industrial Code ViolationsSummary Judgment MotionPersonal InjuryConstruction Site AccidentFall from ElevationWorker SafetyNegligenceAppellate Review
References
9
Case No. MISSING
Regular Panel Decision
Feb 10, 1998

Turchioe v. AT&T Communications, Inc.

Plaintiff, a laborer, sustained a back injury while manually transporting a heavy ductlift up a stairway with a co-worker, alleging the co-worker crouched and shifted the full weight onto him. The initial order granted summary judgment dismissing the plaintiff's Labor Law § 240 (1) and § 241 (6) claims. The appellate court modified this, dismissing the complaint in its entirety, including all cross claims and third-party actions. The Labor Law § 240 (1) claim was dismissed as the lifting activity was not a 'special hazard'. The Labor Law § 241 (6) claim lacked evidence of lighting violations or causation by debris. The Labor Law § 200 and common-law negligence claims were dismissed due to the absence of supervisory control by the owner or general contractor over the work.

Labor LawWorkplace InjurySummary JudgmentConstruction AccidentThird-Party ClaimsCommon Law NegligenceSupervisory ControlAppellate DecisionPremises LiabilityWorker Safety
References
4
Case No. MISSING
Regular Panel Decision

ZOLFAGHARI, MOSTAFA v. HUGHES NETWORK SYSTEMS, LLC

Plaintiff commenced a Labor Law and common-law negligence action after falling from a ladder while removing a satellite dish at a gas station. The Supreme Court denied plaintiff's motion for partial summary judgment on Labor Law §§ 240 (1) and 241 (6) and granted the defendants' cross-motions for summary judgment, dismissing the main complaint. The court also granted Atlanta's cross-motion for summary judgment, dismissing Exxon's third-party complaint for contractual indemnification, citing an express negation of third-party beneficiary intent. On appeal, the higher court rejected the plaintiff's arguments concerning Labor Law §§ 240 (1) and 241 (6), determining the work did not constitute 'alteration' or 'demolition'. Furthermore, Exxon's appeal regarding its coverage under the indemnification agreement was also rejected.

Labor LawNegligenceSummary JudgmentLadder FallSatellite Dish RemovalAlteration of BuildingDemolitionContractual IndemnificationThird-Party BeneficiaryAppellate Review
References
14
Case No. MISSING
Regular Panel Decision
May 14, 2013

Veneruso v. Mount Vernon Neighborhood Health Center

Plaintiff James J. Veneruso, on behalf of Community Choice Health Plan of Westchester Inc. (CCHP), sued Defendant Mount Vernon Neighborhood Health Center to recover 'Surplus Distributions' CCHP made to Mount Vernon. CCHP, a New York not-for-profit corporation, was directed by the New York State Department of Health to terminate operations and commence dissolution. Plaintiff, appointed temporary receiver, sought to recover payments made to Mount Vernon, arguing they were unlawful under New York's Not-for-Profit Corporation Law § 515(a). Defendant removed the case to federal court, asserting federal jurisdiction based on complete preemption, substantial federal question, its status as a federal corporation, and the involvement of federal funds. The court rejected all of Defendant's arguments for federal jurisdiction, finding that the claims were based purely on state law and that federal law was, at best, a potential defense. Consequently, the Plaintiff's motion to remand the case to state court was granted, while the request for attorneys' fees was denied.

MedicaidNon-Profit Corporation LawState Law ClaimsFederal JurisdictionRemoval StatuteComplete PreemptionSubstantial Federal QuestionDeclaratory JudgmentAttorneys' FeesCooperative Federalism
References
76
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