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

Case No. Claim Nos. 4754 and 7181
Regular Panel Decision
Feb 20, 2014

In re Residential Capital, LLC

Caren Wilson filed claims (Claim Nos. 4754 and 7181) asserting secured and unsecured claims against Residential Capital, LLC. The ResCap Borrower Claims Trust objected, arguing the claims were barred by res judicata due to a prior dismissal with prejudice of a related federal action, or were improperly amended/late-filed. The Court applied federal res judicata law, finding that Wilson's claims arise from the same nucleus of facts as the previously dismissed Federal Action. Additionally, Claim No. 7181 was deemed either barred by res judicata or late-filed, and both claims failed to meet pleading standards for RICO and fraud. The Court sustained the Trust's objection, expunging both of Wilson's claims, but modified the automatic stay to allow Wilson to challenge the prior dismissal order in the Virginia District Court.

BankruptcyRes JudicataClaim ObjectionExpungementFailure to ProsecuteRule 41(b) DismissalRICOFraudDebtor-CreditorMortgage Securitization
References
45
Case No. 13-ev-3288; 13-cv-4244
Regular Panel Decision

Alzheimer's Disease Resource Center, Inc. v. Alzheimer's Disease & Related Disorders Ass'n

This case involves two related lawsuits stemming from the disaffiliation of the Alzheimer’s Disease Resource Center, Inc. (ADRC) from the Alzheimer’s Disease and Related Disorders Association (the Association). In case 13-ev-3288, ADRC alleged unfair competition, false advertising, and other claims. The Court denied dismissal for false advertising under the Lanham Act, New York General Business Law § 349, and unjust enrichment, but granted dismissal for trademark infringement, common law unfair competition, UCC violations, conversion, tortious interference, and fraud. In case 13-cv-4244, ADRC alleged breach of contract and misappropriation of trade secrets related to donor lists. The Court granted the Association's motion to dismiss this complaint in its entirety. Punitive damages were stricken for Lanham Act and unjust enrichment claims.

Unfair CompetitionLanham ActFalse AdvertisingTrademark InfringementNew York General Business Law § 349Unjust EnrichmentMotion to DismissBreach of ContractTrade Secret MisappropriationConversion
References
55
Case No. ADJ6619965 ADJ9843987
Regular
Jul 16, 2018

JESUS ZARAGOZA vs. KOOL KOUNTRY, LLC, EMPLOYERS COMPENSATION INSURANCE COMPANY

The Board granted reconsideration to review the finding of injury to the bladder, sleep disorder, sexual dysfunction, and cognitive disability/headaches, as well as the applicant's earnings. The Board affirmed the finding of injury to the bladder, sleep disorder, and sexual dysfunction but reversed the finding of injury related to cognitive impairment/headaches, finding insufficient medical evidence. Additionally, the Board amended the applicant's earnings to $270.00 per week, based on the parties' stipulation regarding the permanent disability rate, and affirmed the overall award except for these specific modifications.

Workers' Compensation Appeals BoardReconsiderationFindings of FactAwardAdministrative Law JudgePermanent DisabilityAverage Weekly EarningsStipulationAgreed Medical ExaminerQualified Medical Examiner
References
0
Case No. MISSING
Regular Panel Decision
Sep 29, 2014

Hairston v. Commissioner of Social Security

Denise M. Hairston, on behalf of her minor daughter S.N., sought judicial review of a final decision by the Commissioner of the Social Security Administration, which denied S.N.'s application for Supplemental Security Income (SSI) benefits. S.N. alleged disability due to various impairments, including migraine headaches, obesity, impulse control disorder NOS, and depressive disorder NOS, leading to functional limitations. The Administrative Law Judge (ALJ) found that S.N.'s impairments were severe but did not meet or medically equal a listed impairment, and functionally equaled only a "marked" limitation in the "caring for yourself" domain, thus denying benefits. The United States Magistrate Judge Frank Maas denied the Commissioner's motion for judgment on the pleadings, concluding that the ALJ's finding regarding S.N.'s health and physical well-being domain did not withstand scrutiny and required further fact-finding regarding the frequency and intensity of her migraines. The case was remanded to the Commissioner for further proceedings, including obtaining additional school and medical records, and ensuring the claimant's understanding and waiver of the right to counsel.

Social Security BenefitsSupplemental Security Income (SSI)Child DisabilityDepressive Disorder NOSMigraine DisorderObesityFunctional ImpairmentAdministrative Law Judge (ALJ)Judicial ReviewRemand Order
References
34
Case No. MISSING
Regular Panel Decision

Matter of John Z.

This case involves an appeal from an order recommitting the respondent to petitioner's custody due to a dangerous mental disorder. The respondent, with a history of multiple killings and a prior finding of not guilty by reason of mental disease or defect, had his parole revoked after exhibiting aggressive and threatening behavior upon conditional release. The Supreme Court determined he suffered from Antisocial Personality Disorder with narcissistic and paranoid features, which was deemed a dangerous mental disorder justifying civil confinement under CPL 330.20. The appellate court affirmed, rejecting the argument that the diagnosis was legally insufficient and upholding the finding of current dangerousness based on expert testimony, the respondent's history of violence, and his lack of insight into his condition.

dangerous mental disordercivil confinementantisocial personality disordernarcissistic featuresparanoid featuresCPL 330.20recommitmentmental illnessparole revocationexpert testimony
References
10
Case No. ADJ3962286 (LAO 0847943) ADJ2118358 (MON 0320906)
Regular
Oct 11, 2013

MARIANO DURAN vs. CBS OUTDOOR, Permissibly Self-Insured

This case involves two industrial injuries for the applicant, Mariano Duran, sustained in 2004. The Workers' Compensation Judge (WCJ) issued an award finding industrial injuries to the applicant's back, spine, shoulder, elbow, hypertension, heart disease, headaches, cognitive disorder, and sleep disorder, with a $91\%$ permanent disability rating after apportionment. Both applicant and defendant petitioned for reconsideration. The Appeals Board affirmed the WCJ's decision after reconsideration, finding substantial evidence supported the award and declining to remand for further proceedings regarding the sleep disorder.

Workers' Compensation Appeals BoardReconsiderationIndustrial InjuryPermanent DisabilityApportionmentCervical SpineLumbar SpineHypertensionHypertensive Heart DiseaseCognitive Disorder
References
1
Case No. MISSING
Regular Panel Decision

Tupper v. City of Syracuse

This appeal originated from a Supreme Court judgment in Onondaga County, entered July 19, 2006, which had annulled City of Syracuse General Ordinance Nos. 46 and 49 of 2005. The initial CPLR article 78 proceeding was based on the contention that the City of Syracuse failed to conduct a proper State Environmental Quality Review Act (SEQRA) review prior to enacting the ordinances. The appellate court converted the proceeding to a declaratory judgment action, deeming it the correct procedural vehicle for challenging a legislative act. Upon review of the merits, the court reversed the lower court's judgment. It determined that the ordinances' enactment did not affect the environment within the scope of SEQRA, as they did not impact the physical environment, population patterns, or existing community character. Therefore, the appellate court declared City of Syracuse General Ordinance Nos. 46 and 49 of 2005 to be valid.

AppealDeclaratory JudgmentSEQRAEnvironmental ReviewOrdinancesValidityCPLR Article 78Onondaga CountyZoningProperty Law
References
5
Case No. MISSING
Regular Panel Decision
Feb 01, 2000

La Fountaine v. Franzese

This personal injury action concerns a plaintiff (a minor) who suffered lead poisoning between April 1992 and September 1993 while living in an apartment owned and managed by the defendants. Routine medical examinations revealed elevated blood lead levels, prompting the Albany County Department of Health to order lead abatement procedures, which the defendants performed inadequately. Experts testified that the lead poisoning caused permanent disorders, including ADHD, cognitive, and reading disorders, which were not capable of practical apportionment between pre-notice and post-notice exposure periods. The jury awarded the plaintiff $500,000 for past pain and suffering, $1,000,000 for future pain and suffering, and $300,000 for future lost earnings, assigning 70% liability to the defendants. Defendants appealed the judgment and the denial of their motion to set aside the verdict, arguing lack of liability before notice, erroneous jury instructions, and excessive damages. The appellate court affirmed the lower court's judgment and order, finding the defendants' arguments without merit and upholding the jury's findings on non-apportionment of injuries and the reasonableness of the damage awards.

Lead poisoningLandlord liabilityPersonal injury damagesNon-apportionment of injuriesADHDCognitive disordersEnvironmental lead hazardInadequate abatementExpert medical testimonyJury verdict review
References
12
Case No. MISSING
Regular Panel Decision
Jan 17, 1996

Claim of Palevsky v. New York City Board of Education

In 1986, while working as an education associate in the Bronx, the claimant sustained a fractured nose due to a student altercation and filed a timely workers' compensation claim, receiving benefits. The case remained open for a pending nasal surgery issue. Years later, in 1992, the claimant sought compensation for alleged consequential posttraumatic stress disorder. The self-insured employer, the New York City Board of Education, argued that Workers' Compensation Law § 28, a two-year statute of limitations, barred this new claim. However, both the Workers' Compensation Law Judge and the Board affirmed that Section 28 does not apply to consequential injuries. Upon appeal, the Court concurred, holding that a subsequent claim for disability compensation related to injuries in an earlier, timely claim is not barred by the two-year limit for amendment.

Workers' CompensationPosttraumatic Stress DisorderStatute of LimitationsConsequential InjuryWorkers' Compensation Law § 28Time BarBoard DecisionAppealWorkplace InjuryNasal Fracture
References
3
Case No. 10 Civ. 3314; 10 Civ. 5013
Regular Panel Decision
Dec 22, 2010

Alzheimer's Foundation of America, Inc. v. Alzheimer's Disease & Related Disorders Ass'n

This consolidated opinion addresses dueling motions to dismiss in two civil actions involving the Alzheimer’s Foundation of Americas, Inc. (the "Foundation") and the Alzheimer’s Disease and Related Disorders Association (the "Association"). The Foundation initiated a lawsuit alleging misrepresentation, trademark dilution, unfair competition, unjust enrichment, conspiracy, conversion, and UCC violations against the Association and Northern Trust. Conversely, the Association filed its own complaint asserting claims of trademark infringement, libel, injurious falsehood, false designation, dilution, fraud, tortious interference, injury to business reputation, unfair competition, unjust enrichment, and conspiracy against the Foundation and several individuals. The court denied motions to dismiss the Lanham Act, dilution, and unfair competition claims for both parties, but granted motions to dismiss the UCC, conversion, libel, unjust enrichment, and fraud claims, including all claims against Northern Trust. Leave to amend the complaints was granted.

Trademark InfringementUnfair CompetitionLanham ActDilutionUnjust EnrichmentConversionFraudCollateral EstoppelMotion to DismissRule 12(b)(6)
References
59
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