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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
Jan 19, 1994

Whirlpool Corp. v. Philips Electronics, N.V.

This case involves Whirlpool Corporation seeking to confirm a foreign arbitral award against Philips Electronics N.V., while Philips moved to dismiss or stay the action pending further arbitration. The dispute arose from a joint venture and subsequent acquisition of Philips' Argentine MDA operations by Whirlpool, specifically concerning the revaluation of fixed assets and the applicable accounting policies under their Reorganization and Purchase Agreement (RPA) and Amendment No. 1. An initial arbitration before Arthur Andersen & Co. ruled in favor of Whirlpool, determining that Schedule G of the RPA, which limited asset revaluation, applied despite Philips' arguments for a different "Schedule G (Argentina)." The court, presided over by District Judge Sweet, affirmed Andersen's jurisdiction and the validity of its binding award. Consequently, Whirlpool's motion to confirm the foreign arbitral award was granted, and Philips' motion to dismiss or stay the action was denied.

Arbitral Award ConfirmationForeign ArbitrationContract DisputeAccounting PoliciesAsset ValuationJoint VentureCorporate AcquisitionFederal Arbitration ActDispute ResolutionJudicial Review of Arbitration
References
20
Case No. 2018 NY Slip Op 01829 [159 AD3d 1457]
Regular Panel Decision
Mar 16, 2018

Rickicki v. Borden Chem.

The Appellate Division, Fourth Department, heard an appeal concerning two actions, Rickicki v Borden Chemical and Crowley v C-E Minerals, Inc., both involving claims for damages due to silicosis from silica dust exposure at Dexter Corporation. The core legal dispute centered on the applicability of the 'sophisticated intermediary doctrine,' which asserts that product manufacturers have no duty to warn ultimate users if an informed intermediary, like an employer, is aware of the product's dangers. Reversing the Supreme Court's grant of summary judgment for the defendants, the Appellate Division declined to recognize this doctrine under the specific facts of this case. Consequently, the court reinstated negligence and products liability causes of action based on failure to warn, along with loss of consortium claims, against the defendant silica manufacturers. The decision emphasized that whether adequate warnings were provided to the injured workers and if failure to warn was a proximate cause remained triable issues of fact.

Sophisticated Intermediary DoctrineFailure to WarnProducts LiabilityNegligenceSilica Dust ExposureSilicosisProximate CauseSummary JudgmentAppellate ReviewEmployer Liability
References
36
Case No. MISSING
Regular Panel Decision

Feldman v. New York City Health & Hospitals Corp.

This case concerns an action by Robert Feldman, as assignee, to recover on a third-party judgment against the New York City Health and Hospitals Corporation. The original personal injury action involved Alexander Z. Dubicki and Anne Dubicki as plaintiffs, and the Marescos and Dr. Joseph Dashefsky as defendants, with Hospitals Corporation as a third-party defendant. The jury apportioned liability, with Hospitals Corporation found 54% negligent but not directly liable to the Dubickis; its liability was conditional on the Marescos paying the Dubickis an amount exceeding their 10% share. To overcome this impasse, Feldman loaned funds to the Marescos, who then paid the Dubickis, thereby satisfying the judgment against them. The Marescos then assigned their right of contribution from Hospitals Corporation to Feldman. The court found this arrangement valid and proper, rejecting the defendant's claim of a collusive scheme to circumvent the condition precedent established in Klinger v Dudley. The court granted Feldman's cross-motion for summary judgment, entitling him to recover from the Hospitals Corporation.

Third-party judgmentContributionApportionment of damagesSummary judgmentCollusion defenseCondition precedentAssignment of judgmentBona fide loanPublic policyUnjust enrichment
References
7
Case No. MISSING
Regular Panel Decision

Mordkofsky v. V.C.V. Development Corp.

Plaintiff Norman J. Mordkofsky, a contract-vendee, sustained injuries when a deck at his custom-built home construction site collapsed. He sued defendant V.C.V. Development Corp., alleging negligence and violations of Labor Law §§ 200 and 241. While the Supreme Court dismissed the Labor Law claim, the Appellate Division reinstated it, broadening the protection of these statutes to anyone lawfully frequenting a construction site. However, the higher court reversed the Appellate Division's decision, clarifying that Labor Law §§ 200 and 241 are primarily intended to protect employees and workers, not contract-vendees or the general public. The court concluded that Mordkofsky did not fall within the protected class as he was neither an employee nor hired to work at the site.

Labor Law §§ 200 and 241Construction Site InjuryContract-VendeeEmployee ProtectionStatutory InterpretationScope of Labor LawAppellate ReviewSafe Place to WorkWorkers' RightsPersonal Injury
References
14
Case No. MISSING
Regular Panel Decision

Kirschner v. KPMG LLP

This opinion addresses two appeals, Kirschner v KPMG LLP and Teachers’ Retirement System of Louisiana v PricewaterhouseCoopers LLP, concerning the expansion of remedies for creditors or shareholders against outside professional advisers for corporate financial fraud. Plaintiffs sought to reinterpret New York law regarding in pari delicto, imputation, and the adverse interest exception to broaden third-party liability. The New York Court of Appeals declined to alter its established precedents, affirming the narrow scope of the adverse interest exception. The Court emphasized that allowing corporations to shift responsibility for their agents' misconduct to third parties would undermine public policy goals of deterring illegality and would unfairly burden the innocent stakeholders of professional firms. The decision concludes by answering the certified questions in accordance with this reasoning, reinforcing the existing framework of New York law on these doctrines.

In pari delictoImputationAdverse interest exceptionCorporate fraudAuditor liabilityProfessional malpracticeBankruptcy lawAgency lawShareholder derivative actionCertified questions
References
44
Case No. MISSING
Regular Panel Decision
Mar 06, 2009

Johnson v. UniFirst Corp.

Plaintiff, an employee of Derrick Corporation, sustained injuries when his uniform, rented from UniFirst Corporation, caught fire. UniFirst, a defendant in the main personal injury action, filed a third-party complaint against Derrick for contractual indemnification. Derrick moved for summary judgment to dismiss the third-party complaint, arguing that its contract with UniFirst had expired at the time of the accident, thus barring indemnification under Workers' Compensation Law § 11. The Supreme Court denied Derrick's motion. On appeal, the order was reversed, and Derrick's motion for summary judgment was granted, leading to the dismissal of the third-party complaint. The appellate court found UniFirst failed to provide statutory notice for automatic contract renewal under General Obligations Law § 5-903 (2).

Contractual IndemnificationSummary JudgmentWorkers' Compensation LawGeneral Obligations LawAutomatic Renewal ProvisionThird-Party ActionPersonal InjuryUniform FireEmployer LiabilityStatutory Notice
References
6
Case No. 2025 NYSlipOp 07110
Regular Panel Decision
Dec 18, 2025

People v. R.V.

The Appellate Division, First Department, affirmed an order by the Supreme Court, New York County, which granted the defendant R.V.'s CPL 210.40 motion to dismiss the indictment in furtherance of justice. The court found that the Supreme Court providently exercised its discretion, noting that R.V. purchased a false Covid-19 vaccination card to maintain employment as an essential worker during the pandemic. The decision highlighted that R.V.'s actions caused no specific or societal harm, supporting the dismissal in the interest of justice.

Indictment DismissalInterest of JusticeCPL 210.40COVID-19 Vaccination CardEssential WorkerAppellate ReviewDiscretionary DismissalLack of Harm
References
2
Case No. MISSING
Regular Panel Decision
Oct 06, 1987

Constantine v. Sperry Corp.

James Constantine, a passenger in a van leased by his employer Sperry Corporation, was injured when the van, operated by a fellow employee Oligario, struck a curb. The plaintiffs appealed a judgment denying their motion for summary judgment and granted the defendants' cross motion, dismissing the complaint. The court affirmed the judgment, finding that Constantine's injuries arose out of and in the course of his employment, making his sole remedy the Workers' Compensation Law. Consequently, both the employer and co-worker were immune from suit, and no liability could be imputed to the van owner, Gelco Corporation. The derivative claim by Constantine's wife was also dismissed.

Personal InjuryWorkers' CompensationEmployer ImmunityCo-employee ImmunitySummary JudgmentAppellate ReviewDerivative ClaimVan AccidentNassau CountyNew York
References
4
Case No. MISSING
Regular Panel Decision

Exxon Mobil Corp. v. Tredegar Corp.

Exxon Mobil Corporation sued Tredegar Corporation alleging breach of an Asset Purchase Agreement (APA). Exxon claimed Tredegar failed to indemnify it for a settlement in an underlying personal injury action and failed to cooperate in Exxon's defense as per the APA. Tredegar filed a motion to dismiss under Fed.R.Civ.P. 12(b)(6). The court granted the motion to dismiss Count I, finding the indemnification provisions of the APA ambiguous regarding whether the liability was 'assumed' or 'retained'. However, the court largely denied the motion to dismiss Count II, concluding that Exxon plausibly alleged a breach of Tredegar's duty to cooperate and provide reasonable access to employees, with a partial grant for the records access claim under Section 12.7 of the APA.

asset purchase agreementindemnification clausebreach of contractduty to cooperatemotion to dismisscontract ambiguitycorporate acquisitionpre-closing occurrencespost-closing eventslitigation defense
References
14
Case No. MISSING
Regular Panel Decision

Jones v. Orenstein

This is a class action brought by shareholders of Topper Corporation against the corporation and various defendants, including Arthur Young & Company, alleging violations of federal securities laws due to false and misleading financial information. Defendant Arthur Young & Company moved to quash the plaintiffs' jury demand, asserting the case's complexity rendered it unsuitable for a jury, and alternatively sought a single, continuous trial for liability and damages. The Court, presided over by District Judge Bonsal, recognized the plaintiffs' Seventh Amendment right to a jury trial. Consequently, the Court denied Arthur Young's motion to quash the jury demand, concluding that the case, estimated to last six to eight weeks, was within a jury's capabilities. Additionally, the motion to mandate a continuous trial was denied, with the Court leaving open the possibility of bifurcating the trial on liability and damages at a later stage if needed.

Securities FraudClass ActionJury TrialFederal Rules of Civil ProcedureSeventh AmendmentDue DiligenceFinancial MisrepresentationAuditing ProceduresUnderwriting ProceduresTrial Bifurcation
References
11
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