CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. CV 14-6347(JS)(GRB)
Regular Panel Decision

Gesualdi v. Reid

The plaintiffs, trustees and fiduciaries of several Local 282 Trust Funds, commenced an action against J.H. Reid, General Contractor, seeking to recover allegedly delinquent contributions under ERISA and LMRA. The defendant failed to answer the complaint, leading to a default. After an initial denial of a default judgment motion due to improper service, the plaintiffs renewed their motion. Magistrate Judge Gary R. Brown issued a second Report and Recommendation, advising to grant the renewed default judgment motion, award damages totaling $1,030,265.28 for unpaid contributions, interest, liquidated damages, attorneys’ fees, and costs, and deny injunctive relief. Despite granted extensions, the defendant failed to file timely objections to the recommendation. District Judge Spatt reviewed the recommendation for clear error, found none, and adopted it in its entirety, granting the plaintiffs' motion for a default judgment and directing the entry of judgment in their favor, thereby closing the case.

Default JudgmentERISA ClaimsLMRA ClaimsDelinquent ContributionsEmployee Benefit PlansTrust FundsAttorneys' FeesLiquidated DamagesAudit CostsInjunctive Relief Denied
References
30
Case No. Appeal Nos. 1, 2, and 3
Regular Panel Decision
Aug 29, 2012

Abbott v. Crown Mill Restoration Development, LLC

This case concerns appeals from the Supreme Court, Onondaga County, primarily focusing on a plaintiff's Labor Law and common-law negligence action against Crown Mill Restoration Development, LLC. Following Crown Mill's default at a damages inquest, a default judgment was entered. The plaintiff then initiated an enforcement action, seeking to pierce the corporate veil to hold Crown Mill's owner, Vito William Lucchetti, Jr., and several related entities liable. Crown Mill moved to vacate the default judgment, citing law office failure and Workers' Compensation Law defenses. The appellate court modified the lower court's order, vacating the default judgment's damages award and remitting for a new assessment, while affirming the denial to fully vacate the default due to Crown Mill's failure to provide a reasonable excuse. Appeals concerning dismissal of the enforcement action and a stay of discovery were also addressed, with one deemed moot.

Default JudgmentVacate JudgmentAmended ComplaintLabor LawCommon-Law NegligenceCorporate Veil PiercingWorkers' Compensation LawLaw Office FailureDamages AssessmentMoot Appeal
References
31
Case No. MISSING
Regular Panel Decision

Gecaj v. Gjonaj Realty & Management Corp.

Plaintiff filed a personal injury lawsuit against defendants 28-47 Webb Realty Associates, LLC and Gjonaj Realty & Management Corp., alleging Labor Law violations after an accident. Defendants defaulted, leading to a default judgment of $900,000. The Supreme Court granted defendants' motion to vacate the default, citing their reliance on an insurance broker. However, the Appellate Division, First Department, reversed this decision, ruling that defendants' prolonged inaction despite receiving multiple legal documents over three years constituted an unreasonable excuse for their default. The Appellate Division affirmed the denial of the motion to vacate the default judgment but found the $900,000 damage award excessive and remanded the case for a new inquest to properly determine plaintiff's damages.

Default JudgmentVacate DefaultReasonable ExcuseInsurance BrokerAppellate ReviewLabor Law § 240Damages AssessmentInquestCPLR 5015Employer Liability
References
20
Case No. MISSING
Regular Panel Decision

Markel Insurance v. S.T.C.G., Inc.

Markel Insurance Company sought a declaratory judgment stating it owed S.T.C.G., Inc., no duty to defend or indemnify in an underlying lawsuit. The underlying suit was filed by Carriel Collins against S.T.C.G. for personal injuries under Texas Labor Code § 406.033. The Court determined that Collins's claim fell under the workers'-compensation exclusion of S.T.C.G.'s commercial general-liability policy. Additionally, medical expenses were excluded as Collins was considered an insured. Therefore, the Court granted Markel's motion for summary judgment and its motion for default judgment against Collins.

Insurance CoverageDeclaratory JudgmentSummary JudgmentDefault JudgmentWorkers' Compensation ExclusionDuty to DefendDuty to IndemnifyTexas Labor CodeNonsubscriber EmployerBodily Injury
References
35
Case No. MISSING
Regular Panel Decision

Morris v. BC OLYMPIAKOS, SFP

Christopher Morris, a former NBA player, sued KAE Olympiakos SFP for breach of contract and fraud regarding unpaid professional basketball services. A default judgment was entered in Morris's favor and later assigned to Gary W. Ebert. Olympiakos moved to vacate this default judgment, contending the court lacked personal jurisdiction. Ebert, in turn, moved to strike the declaration of Christos Stavropoulos, Olympiakos's general manager, on hearsay grounds. The court denied Ebert's motion to strike, finding Stavropoulos's declaration admissible. Crucially, the court granted Olympiakos's motion to vacate the default judgment, concluding that the plaintiff failed to establish sufficient minimum contacts for general or specific personal jurisdiction over Olympiakos in Texas, and that exercising such jurisdiction would violate due process.

Default JudgmentPersonal JurisdictionMinimum ContactsDue ProcessLong-Arm StatuteBreach of ContractFraudMotion to VacateMotion to StrikeHearsay Exception
References
61
Case No. MISSING
Regular Panel Decision

Jaramillo v. Liberty Mutual Fire Insurance Co.

This is an appeal by writ of error challenging a post-answer default judgment in a worker's compensation case. The Industrial Accident Board ruled in favor of the Appellant, but the Appellee filed a suit to set aside the award. The Appellant failed to appear for trial, resulting in a default judgment for the Appellee. On appeal, the court considered whether an error was apparent on the face of the record, a requirement for a writ of error. The Appellant failed to provide a statement of facts or evidence of its absence, leading the court to presume the regularity of the trial court's judgment. Additionally, the Appellant's complaint regarding a motion for continuance was overruled due to lack of record support. The judgment of the trial court was affirmed.

worker's compensationdefault judgmentwrit of errorappellate procedurestatement of factsmotion for continuanceTexas lawIndustrial Accident Boardappealevidence
References
12
Case No. MISSING
Regular Panel Decision

RONE ENGINEERING SERVICE, LTD. v. Culberson

This is a restricted appeal from a no-answer default judgment against Rone Engineering Service, Ltd., filed by Troy Culberson. The core issue was whether the trial court acquired personal jurisdiction over the appellant due to discrepancies in the defendant's name on the citation and return of service versus the judgment. The appellate court found that the record did not affirmatively demonstrate strict compliance with the rules governing service of process. It concluded that the trial court lacked personal jurisdiction over Rone Engineering Service, Ltd. Therefore, the court vacated the default judgment and remanded the case for further proceedings.

restricted appealdefault judgmentservice of processpersonal jurisdictionmisnomercorporate identityappellate reviewvoid judgmentprocedural errorremand
References
13
Case No. 2024 NY Slip Op 06127 [233 AD3d 447]
Regular Panel Decision
Dec 05, 2024

Melendez v. 106 Mt. Hope LLC

Defendants appealed an order denying their motion to vacate a default judgment. They argued that they mistakenly believed the action would be settled based on representations from plaintiff's employer, who allegedly informed them that plaintiff had withdrawn his claims. However, court documents showed plaintiff had prevailed on a workers' compensation claim and had not withdrawn this civil action. The Appellate Division, First Department, found that the defendants' reliance on these unverified representations did not constitute a reasonable excuse for their default in answering the complaint. Consequently, the court affirmed the lower court's denial of the motion to vacate the default judgment, without needing to assess the merits of the defense.

Default JudgmentVacate OrderReasonable ExcuseMeritorious DefenseWorkers' Compensation ClaimAppellate ReviewCivil ProcedureMotion PracticeSettlement DiscussionsFailure to Answer
References
2
Case No. MISSING
Regular Panel Decision

Jones v. R. S. R. Corp.

Plaintiff's husband, John Jones, was killed in an explosion during his employment with Revere Smelting and Refining Corporation of New Jersey in February 1984. Although the plaintiff received workers' compensation benefits, an action was commenced against Revere Smelting in January 1986. Due to delays by the insurer, Revere Smelting's answer was untimely, resulting in a default judgment against them in May 1986. A subsequent motion to vacate this default was denied by the Supreme Court in September 1986, leading to the current appeal. The appellate court reversed the lower court's order, granting the motion to vacate the default judgment, conditioned upon the defendant serving an answer within 20 days. The court emphasized the exclusive remedy provision of the Workers' Compensation Law and the lack of substantial prejudice to the plaintiff.

Workers' CompensationDefault JudgmentVacaturAppealExclusive RemedyEmployer LiabilityInsurer DelayAbuse of DiscretionProcedural LawNew York Law
References
7
Case No. MISSING
Regular Panel Decision

Federal Insurance v. Spectrum Insurance Brokerage Services, Inc.

The court affirmed two orders from the Supreme Court, New York County. The first order dismissed claims against Spectrum Insurance Brokerage Services, Inc. and Joseph Mangano, asserted by the plaintiff insurer as subrogee of Sablons Investors, Inc. and Bankers Trust New York Corporation, on the grounds that the insureds had no viable claim against the broker. The second order, upon renewal, also dismissed the complaint against Spectrum and Mangano and granted TIG Insurance Company's cross motion for a default judgment on its counterclaims due to the plaintiff's failure to respond. The appellate court agreed with the dismissals and default judgment but clarified that the malpractice and/or negligence claims against the broker were not time-barred under CPLR 214 (6), as that statute does not apply to alleged misfeasance of insurance agents and brokers toward their clients.

SubrogationInsurance BrokerNegligenceMalpracticeSummary JudgmentDefault JudgmentCPLR 3211CPLR 3212CPLR 214(6)Insured
References
8
Showing 1-10 of 17,148 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational