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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

Wells v. Chattanooga Bakery, Inc.

Plaintiff Bradley Wells sued Chattanooga Bakery, Inc. (CBI) and Dr. Pepper/Seven Up, Inc. (DPSU) for alleged unlawful use of his image in advertising, asserting claims under the Tennessee Personal Rights Protection Act, Tennessee Consumer Protection Act, and common law. The photograph, taken over thirty years prior, featured Wells as an unidentifiable young boy. The trial court dismissed the complaint, ruling that the claims were completely preempted by the Copyright Act of 1976. The appellate court affirmed the dismissal, agreeing that Wells's state law claims were based on rights equivalent to those protected by the Copyright Act, as the photograph was a copyrightable work and Wells's identity was not recognizable within it. The court found that his claims for unjust enrichment, accounting, and conversion also fell within the scope of copyright law, leading to their preemption.

Copyright ActPreemptionRight of PublicityImage RightsCommercial UsePhoto LikenessState Law ClaimsFederal PreemptionUnjust EnrichmentConsumer Protection Act
References
12
Case No. 1:14-CV-968-SS
Regular Panel Decision
Jan 07, 2015

WorkSteps, Inc. v. ErgoScience, Inc.

This is an action for copyright infringement and breach of contract brought by WorkSTEPS, Inc. against ErgoScience, Inc. and Deborah Lechner. WorkSTEPS alleges infringement of its copyrighted 'Functional Capacity Evaluation' and 'Medical History' forms by ErgoScience’s 'Physical Agility Test' and 'Medical Issues' form. This is the second suit between the parties, arising from a miscommunication during a previous settlement agreement concerning a 'safe harbor' of materials ErgoScience could use. The court granted defendants' motion for summary judgment on WorkSTEPS’ collateral estoppel and breach of contract claims, finding no binding contract due to lack of mutual assent or preemption by copyright law. However, the court granted WorkSTEPS summary judgment on its ownership of a valid copyright. The case will proceed to trial to determine the substantial similarity between the parties' works, denying summary judgment on this issue for both parties.

Copyright InfringementBreach of ContractSummary Judgment MotionCollateral EstoppelConsent JudgmentSettlement AgreementContract FormationMutual AssentWaiver of ClaimsSubstantial Similarity
References
57
Case No. MISSING
Regular Panel Decision

City of Austin v. Paxton

The City of Austin sued the State of Texas (Attorney General Ken Paxton and Texas Workforce Commission) to enjoin Texas Local Government Code § 250.007(c). This state law allows landlords to refuse tenants using federal housing vouchers, which the City argues is preempted by federal law due to its ordinance prohibiting such discrimination. The State filed a motion to dismiss, citing lack of subject matter jurisdiction and failure to state a claim. The Court denied the dismissal for lack of jurisdiction, affirming the City's standing and ruling the suit not barred by the Eleventh Amendment. However, the Court granted dismissal for the City's conflict preemption and Section 3617 express preemption claims, but denied dismissal for the Section 3615 express preemption claim, concluding the City adequately pleaded a disparate impact claim.

PreemptionFederal Housing Choice Voucher ProgramTexas Local Government CodeFair Housing ActEleventh AmendmentStandingMotion to DismissDisparate ImpactCity OrdinanceState Law
References
37
Case No. MISSING
Regular Panel Decision
Feb 27, 2006

Recursion Software, Inc. v. Interactive Intelligence, Inc.

Recursion Software, Inc. sued Interactive Intelligence, Inc. for copyright violations, breach of contract, unjust enrichment, and quantum meruit, alleging improper use of its Voyager software. Interactive counterclaimed, asserting fraudulent inducement and breach of implied warranties. The court dismissed Recursion's quasi-contractual claims due to copyright preemption. It also dismissed Interactive's counterclaims for fraudulent inducement and breach of implied warranties, finding them insufficiently supported or disclaimed. However, significant factual disputes regarding licensing terms and knowledge of infringement prevented full summary judgment for either party on the core contract and copyright claims.

Software LicensingCopyright InfringementBreach of ContractSummary JudgmentCopyright PreemptionQuasi-Contract ClaimsUnjust EnrichmentQuantum MeruitImplied WarrantiesFraudulent Inducement
References
95
Case No. Motion sequence Nos. 002 and 005
Regular Panel Decision

UMG Recordings, Inc. v. Escape Media Group, Inc.

UMG Recordings, Inc. sued Escape Media Group, Inc. for common-law copyright infringement and unfair competition. Escape asserted DMCA safe harbor and CDA preemption defenses, along with Donnelly Act and tortious interference counterclaims. The court denied UMG's motion to dismiss the DMCA safe harbor defense, ruling it applies to pre-1972 recordings. However, the court granted UMG's motion to dismiss the CDA preemption defense, clarifying that the CDA's intellectual property exemption covers both federal and state laws. Additionally, Escape's Donnelly Act counterclaim was dismissed, but UMG's motions to dismiss the tortious interference counterclaims were denied, rejecting defenses like the Noerr-Pennington doctrine and economic interest.

Copyright InfringementDMCA Safe HarborPre-1972 RecordingsUnfair CompetitionCommunications Decency ActTortious InterferenceDonnelly ActNew York Common LawInternet Service ProvidersAntitrust
References
34
Case No. 06 Civ. 12878(RLC)
Regular Panel Decision

International Securities Exchange, LLC v. S & P Dow Jones Indices, LLC

International Securities Exchange, LLC and International Exchange Holdings, Inc. (ISE) sued S & P Dow Jones, LLC (Dow Jones) for a declaration of right to list options on S&P 500 and DJIA indices without a license, claiming federal copyright preemption. The lawsuit was stayed pending resolution of an identical case in Illinois state courts. The Illinois courts ruled in favor of Dow Jones, affirming its intellectual property rights and concluding that ISE's actions constituted misappropriation, a decision affirmed by the Illinois Appellate Court and upheld by the US Supreme Court's denial of certiorari. Upon returning to the current court, ISE sought to amend its complaint, while Dow Jones moved to dismiss based on res judicata. The court granted Dow Jones' motion, ruling that the Illinois judgment was binding under the Full Faith and Credit Act and Illinois preclusion rules, thus barring ISE from relitigating the preemption issue. ISE's motion to amend its complaint was denied as futile.

Copyright PreemptionRes JudicataCollateral EstoppelFull Faith and Credit ActIntellectual Property RightsStock Market IndicesOptions TradingUnfair CompetitionTortious InterferenceIllinois State Law
References
42
Case No. MISSING
Regular Panel Decision

Empire Blue Cross & Blue Shield v. Consolidated Welfare Fund

Empire Blue Cross and Blue Shield (Empire) sued the Consolidated Welfare Fund and other defendants for breach of contract, fraud, and RICO violations. The defendants moved for partial judgment on the pleadings, asserting that the state law claims were preempted by ERISA. The court analyzed whether the Fund qualified as an 'employee welfare benefit plan' (EWBP) under ERISA. Finding that the Fund, with its 'associate members' from diverse backgrounds and commercial solicitation, did not meet the criteria of an EWBP, the court concluded that ERISA preemption did not apply. Therefore, the defendants' motion for partial judgment on the pleadings was denied, allowing Empire's state law claims to proceed.

ERISA PreemptionEmployee Welfare Benefit PlanHealth Insurance FraudLabor Union MembershipAssociate MembersRule 12(c) MotionFederal Civil ProcedureStatutory InterpretationCommercial Insurance SchemesDistrict Court Ruling
References
11
Case No. MISSING
Regular Panel Decision

Specific Software Solutions, LLC v. Institute of Workcomp Advisors, LLC

Specific Software Solutions, a Tennessee LLC, filed a declaratory judgment action against the Institute of WorkComp Advisors, a North Carolina LLC, seeking a declaration of non-infringement of copyrights. This suit was initiated after the Institute sent a cease-and-desist letter alleging copyright infringement, despite its copyright applications not yet being registered with the U.S. Copyright Office. The Institute moved to dismiss, arguing the court lacked subject matter jurisdiction because federal law requires copyright registration as a prerequisite for filing an infringement suit. The court, adopting the "registration" approach, determined that merely filing an application is insufficient for registration; the Copyright Office must first review and decide on the copyrightability of the material. Consequently, finding that the Institute's copyrights were not yet registered, the court granted the motion to dismiss the case without prejudice due to a lack of subject matter jurisdiction.

Copyright LawSubject Matter JurisdictionMotion to DismissDeclaratory JudgmentCopyright RegistrationSixth CircuitIntellectual PropertyFederal CourtsStatutory InterpretationPleading
References
21
Case No. MISSING
Regular Panel Decision

McDonald v. City of New York

The plaintiff sustained personal injuries while working on a dry dock at the Brooklyn Navy Yard. The Supreme Court initially denied the defendants' motions for summary judgment, asserting the case did not fall under admiralty jurisdiction. On appeal, the higher court reversed this finding, concluding that a maritime nexus and situs existed, thus invoking substantive maritime law. This preemption by federal maritime law rendered the strict liability provisions of New York Labor Law §§ 240 and 241 inapplicable. Consequently, the appellate court granted the defendants' motions to dismiss claims based on these labor laws, while affirming the denial of dismissal for claims under common law negligence and Labor Law § 200.

Admiralty JurisdictionMaritime LawLabor LawPreemptionPersonal InjuryDry DockSummary JudgmentAppellate CourtNew YorkNegligence
References
18
Case No. MISSING
Regular Panel Decision

Romney v. Lin

This opinion addresses an action to collect unpaid contributions owed by Goodee Fashions, Inc. to four union benefit funds, totaling $70,647.17. After an initial judgment against Goodee Fashions proved uncollectible, the plaintiff, representing the union benefit funds, sued Alan Lin, a principal shareholder, under New York Bus. Corp. Law § 630. This state law holds the ten largest shareholders jointly and severally liable for debts to employees, including benefit funds. Defendant removed the case to federal court, arguing preemption by ERISA and LMRA. The court denied the plaintiff's motion to remand and granted the defendant's motion to dismiss, ruling that N.Y. Bus. Corp. Law § 630 is preempted by ERISA. Consequently, the claim for $70,647.17 was dismissed, except for a $598.27 portion related to the Sportswear Industry Trust Fund, which was deemed not an ERISA fund.

ERISA PreemptionLMRAShareholder LiabilityUnpaid ContributionsEmployee Benefit PlansCollective BargainingState Law PreemptionFederal JurisdictionCorporate DebtDismissal
References
11
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