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

Case No. 14-01-00099-CV
Regular Panel Decision
Dec 19, 2002

Bette Rose Schwager v. Telecheck Services, Inc. D/B/A Telecheck, a First Data CompanyFirst Data CorporationClay SpitzJim SikorskiSteve Shaper And Lori Graesser

Bette Rose Schwager appealed a summary judgment in favor of her former employer, TeleCheck Services, Inc., its parent company, and several executives, in an employment dispute. Schwager asserted claims for breach of contract, fraud, conversion, wrongful termination, defamation, constructive fraud, and intentional infliction of emotional distress. The court affirmed the summary judgment on most of Schwager's claims, including fraud, constructive fraud, conversion, wrongful termination, defamation, and intentional infliction of emotional distress. However, the court reversed and remanded the portion of the breach of contract claim related to whether Schwager was fully paid her commissions, citing conflicting evidence on this issue. The original opinion from July 18, 2002, was withdrawn, and this new opinion on the motion for rehearing was issued.

Employment DisputeSummary JudgmentBreach of ContractFraudConversionWrongful TerminationDefamationEmotional DistressFiduciary DutyAt-Will Employment
References
35
Case No. MISSING
Regular Panel Decision
Mar 02, 2001

Vitale v. Buttafuoco & Associates

The plaintiff initiated an action against the defendant, seeking damages for breach of contract. The defendant appealed an order from the Supreme Court, Queens County, which granted the plaintiff's motion for partial summary judgment on the breach of contract claim and denied the defendant's cross-motion for summary judgment to dismiss the complaint. The appellate court affirmed the order, finding that the plaintiff had established her entitlement to judgment as a matter of law. The court agreed with the Supreme Court's conclusion that the defendant, who had represented the plaintiff in a prior negligence lawsuit, improperly included a portion of a waived workers' compensation lien as part of its contingency fee. This action was deemed a breach of the retainer agreement and a violation of Workers’ Compensation Law § 24. The defendant's cross-motion for summary judgment was also properly denied.

Breach of contractContingency feeWorkers' Compensation lienSummary judgmentRetainer agreementAppellate reviewLegal feesAttorney misconductWaiver of lienNew York law
References
4
Case No. MISSING
Regular Panel Decision

Anjay Corp. v. Those Certain Underwriters

This case involves an appeal concerning an insurance claim denied by defendant insurers to plaintiff jewelry manufacturers. The plaintiffs experienced a significant loss due to an explosion and fire at their facility in Mexico. The defendants denied the claim, asserting that the plaintiffs had breached a "Video Tape Warranty" in their jewelers’ block insurance policy by failing to preserve relevant videotapes. The Supreme Court initially granted summary judgment in favor of the defendants. However, the appellate court reversed this decision, emphasizing that a breach of warranty does not negate recovery under an insurance contract unless it materially increases the risk of loss, which is typically a factual question for a jury. The court found the defendants' arguments regarding the materiality of the breach unconvincing and subsequently reinstated the plaintiffs' complaint.

Insurance LawBreach of WarrantySummary JudgmentVideo Tape WarrantyMateriality of BreachRisk of LossJewelers' Block PolicyAppellate ReviewReversalComplaint Reinstatement
References
4
Case No. MISSING
Regular Panel Decision

Apex Industrial Construction Corp. v. Village of Lake George

The plaintiff appealed a judgment dismissing its complaint for breach of contract and awarding damages to the defendant village on its counterclaim. The plaintiff claimed the village breached the contract by failing to provide a clear construction site, due to a plumbers' union picket line protesting the village's award of plumbing work to a nonunion employer. The court found that the picketing was an act of a third party, not attributable to the village, and that the village lawfully awarded contracts to the lowest responsible bidder, even if nonunion. Therefore, the plaintiff's abandonment of the job constituted a breach of contract, justifying the damages awarded to the village. The judgment was affirmed.

Breach of ContractConstruction LawLabor DisputePicket LineNonunion EmployerMunicipal ContractsLowest Responsible BidderContract AbandonmentDamages AwardedThird-Party Action
References
1
Case No. MISSING
Regular Panel Decision

Data Race, Inc. v. Lucent Technologies, Inc.

This case involves claims of patent infringement by Data Race, Inc. (plaintiff) against Lucent Technologies, Inc. (defendant) regarding U.S. Patent No. 5,764,639 for a "System and Method for Providing a Remote User With a Virtual Presence To An Office." Data Race sought a preliminary injunction and damages, while Lucent counterclaimed for declaratory judgment of non-infringement and invalidity. The court denied Data Race's motion for a preliminary injunction, granted Lucent's motion for summary judgment on damages, and found no literal or equivalent infringement by Lucent's Virtual Telephone product. Consequently, judgment was entered in favor of the defendant, Lucent Technologies, Inc., on the issue of infringement. The court declined to fully address Lucent's defenses of patent invalidity and unenforceability, deeming them moot.

Patent InfringementPreliminary InjunctionSummary JudgmentClaim ConstructionVirtual PresenceTelephonyData NetworkingVoice over IPPrior ArtPatent Validity
References
116
Case No. MISSING
Regular Panel Decision
Jan 23, 1997

Civil Service Employees Ass'n v. County of Nassau

The Civil Service Employees Association (CSEA) filed a class action grievance against the County of Nassau on behalf of five Construction Inspector Trainees whose employment was terminated in violation of a collective bargaining agreement. An advisory arbitrator recommended in favor of the CSEA, but the County Executive overturned this decision. CSEA and the individual employees then initiated proceedings under CPLR articles 75 and 78, and sought damages for breach of contract. The Supreme Court dismissed the CPLR proceedings and individual breach of contract claims, while allowing CSEA to pursue its breach of contract claim. The appellate court affirmed the dismissal, holding that the advisory arbitrator's recommendation was not binding and that CPLR article 78 was not the proper vehicle to resolve contractual rights.

Collective Bargaining AgreementGrievanceAdvisory ArbitrationCPLR Article 75CPLR Article 78Breach of ContractPublic EmployeesEmployment TerminationAppellate ReviewNassau County
References
5
Case No. MISSING
Regular Panel Decision

Marino v. Perna

Claimant Marino sued defendant Perna for breach of warranty of title after purchasing a stolen automobile, which led to his son's arrest and the car's seizure. Perna had bought the car from third-party defendant Marshal Locascio at a traffic auction. The court found that Locascio, as a Marshal, was exempt from implied warranty of title under UCC 2-312, and the action against him was also barred by a one-year Statute of Limitations. However, the court ruled in favor of Marino against Perna for breach of warranty of title, awarding $1,200 for the car's value, but denying consequential damages for legal fees due to lack of foreseeability on Perna's part.

breach of warrantywarranty of titlestolen vehicleUniform Commercial CodeStatute of LimitationsMarshal salepublic auctionconsequential damagesautomobile saleimplied warranty
References
14
Case No. MISSING
Regular Panel Decision

Reda v. Eastman Kodak Co.

Plaintiffs, former managers of Videk, sued Eastman Kodak Company (Kodak) and Eastman Technology, Inc. (ETI) for alleged breach of a "Long Term Incentive Plan" (LTIP). They sought payment under a merger clause, contending a payout was triggered when Videk was removed from ETI and merged into Kodak. Defendants argued that no merger occurred and that Videk was not financially successful, a prerequisite for any payout under the LTIP. The court concluded that the LTIP indeed required financial success for a payout and found that Videk was not financially successful, having sustained significant cumulative losses. Furthermore, plaintiffs failed to establish that Videk was merged into Kodak, as it maintained its separate identity as a division of ETI. The court also determined that defendants did not breach their implied contractual obligation of good faith and fair dealing, as they acted within their contractual discretion. Consequently, the amended judgment dismissing the complaint was unanimously affirmed.

Contract disputeMerger clauseFinancial success conditionBreach of contractGood faith and fair dealingImplied obligationVenture managementLong Term Incentive PlanCorporate structureEmployee compensation
References
8
Case No. MISSING
Regular Panel Decision

United Rubber, Cork, Linoleum & Plastic Workers of America v. Lee National Corp.

This suit was brought by an international union against an employer for alleged breaches of collective bargaining contracts concerning employees at the Company’s former Conshohocken and Youngstown plants. The Union's second claim sought arbitration or $2 million for a special distribution upon discontinuance of operations. The third claim sought $2 million for alleged breach of contract due to the discontinuance of a life insurance plan for retired employees or arbitration. The court granted the defendant's motion for summary judgment to dismiss the arbitration claim within the second cause of action but denied the motion regarding the merits of that claim. The court entirely granted the defendant's motion for summary judgment dismissing the third cause of action concerning the life insurance plan for retired employees.

Collective Bargaining AgreementContract BreachSummary Judgment MotionArbitration RightsSeverance PayLife Insurance BenefitsRetired EmployeesPlant ClosureLabor LawUnion Dispute
References
21
Case No. MISSING
Regular Panel Decision

Accardi v. Control Data Corp.

This case, a Memorandum and Order by District Judge Whitman Knapp, addresses an ERISA action where plaintiffs sought severance pay from their former employer, Control Data Corporation (CDC), following the sale of their division to Automatic Data Processing, Inc. (ADP). Plaintiffs, initially employees of an IBM subsidiary, had their benefits, including severance pay, protected by a "Benefits Agreement" adopted by CDC upon acquisition. CDC denied severance, arguing the IBM plan didn't cover divestitures and citing its own policy. The court, applying an "arbitrary and capricious" standard, found CDC's interpretation of the IBM benefits plan, which it had adopted, to be clearly erroneous. The court concluded that the IBM plan indeed provided for severance in cases of dismissals due to division sales and did not require unemployment or prohibit "double recovery." Consequently, the court denied CDC's motion for summary judgment and granted it to the plaintiffs.

ERISASeverance PayEmployee BenefitsSummary JudgmentEmployer-Employee RelationsCorporate DivestitureAcquisitionBenefit Plan InterpretationArbitrary and Capricious StandardControl Data Corporation
References
6
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