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. 05-01158
Regular Panel Decision

In Re ACE Elevator Co., Inc.

The Trustees of the National Elevator Industry Benefit Plans sought administrative priority for delinquent contributions from A.C.E. Elevator Co., Inc. (ACE), based on various sections of the Bankruptcy Code. The court denied administrative priority for most claims, including those under 11 U.S.C. §§ 503(b)(1)(A), 507(a)(1), and 1113(f), reasoning that the contributions were for prepetition work and that section 1113(f) does not create super-priority. However, the motion was partially granted under 11 U.S.C. § 1114(e) for Welfare Plan contributions, recognizing them as retiree benefits despite their prepetition nature, but requiring further information on the exact allocation to retirees. Claims for interest, liquidated damages, and attorney's fees were denied priority, as was ACE's request for costs. This decision underscores the careful interpretation of priority schemes within bankruptcy law.

Bankruptcy LawAdministrative PriorityEmployee BenefitsPension PlansWelfare PlansCollective Bargaining AgreementsDebtor-in-PossessionRetiree Benefits Bankruptcy Protection ActPrepetition ClaimsPostpetition Claims
References
27
Case No. MISSING
Regular Panel Decision

Upstate New York Bakery Drivers and Industry Pension Fund v. Colony Liquor Distributors, Inc.

Plaintiff, Upstate New York Bakery Drivers and Industry Pension Fund, brought an action against Defendant, Colony Liquor Distributors, Inc., under ERISA, seeking $12,610 in delinquent fringe benefit contributions, along with interest, liquidated damages, and attorney's fees. The Court held oral argument on July 1, 1997, granting Plaintiff partial summary judgment for $10,494 in unpaid contributions, statutory interest, and liquidated damages, while denying Defendant's cross-motions. The remaining dispute concerned contributions for vacation leave from August 19, 1990, to December 31, 1991, which the Court resolved by granting partial summary judgment in favor of the Defendant, interpreting the collective bargaining agreement's Article XXII as unambiguously limiting contributions based on actual days worked. Consequently, the Plaintiff was awarded attorney's fees and costs, adjusted from the initial request. The final judgment ordered the Defendant to pay a total of $40,595.76, encompassing delinquent contributions, statutory interest, liquidated damages, and attorney's fees.

ERISAPension FundCollective Bargaining AgreementDelinquent ContributionsSummary JudgmentAttorney's FeesStatutory InterestLiquidated DamagesNorthern District of New YorkVacation Contributions
References
16
Case No. MISSING
Regular Panel Decision

Ganton Technologies, Inc. v. National Industrial Group Pension Plan

This case addresses a dispute between Ganton Technologies, Inc. and its employees (plaintiffs) and the National Industrial Group Pension Plan and its trustees (defendants). Plaintiffs sued under ERISA and LMRA, claiming defendants unlawfully refused to transfer pension assets from the multiemployer plan to Ganton's new single-employer plan. Defendants counterclaimed for delinquent contributions. The court granted summary judgment for the defendants on the ERISA claims, finding the trustees' decision to deny asset transfer was not arbitrary and capricious and complied with ERISA's fiduciary duties and asset-transfer rules. However, the court denied defendants' counterclaim for delinquent contributions, determining Ganton's obligation to contribute ceased on January 26, 1992. The complaint was ultimately dismissed, with costs awarded to the defendants.

ERISALMRAPension PlanMultiemployer PlanAsset TransferFiduciary DutySummary JudgmentDelinquent ContributionsPlan AdministrationDefined-Benefit Plan
References
9
Case No. MISSING
Regular Panel Decision

Parise v. Riccelli Haulers, Inc.

Plaintiff, identified as the chairman and fiduciary of Local 317 Truckdrivers and Helpers Welfare Plan, sought default judgment and an award of delinquent contributions and attorney's fees from an employer. The defendant employer had failed to make required contributions to the multi-employer pension plan in 1982 and 1983, leading to the plaintiff filing a complaint and subsequently an amended complaint, which the defendant also failed to answer. The court granted the default judgment, emphasizing ERISA's remedial nature and Congress's intent to protect employee benefits plans. A significant portion of the decision addressed the compensation rate for paralegals, with the court awarding $40 per hour for 1983 work and $45 per hour for 1985-1986 work, citing their extensive experience and the cost-saving benefits. Ultimately, the plaintiff was awarded over $6,000 in delinquent contributions for 1982 and 1983, 24% annual interest, $10,666.21 in attorney's fees, and $3,717.00 in paralegal fees.

ERISADefault JudgmentDelinquent ContributionsMulti-employer Pension PlanAttorney's FeesParalegal FeesStatutory ConstructionRemedial LegislationHourly Rate CalculationFiduciary Duty
References
9
Case No. ADJ581749 (VNO 0529719)
Regular
Jul 02, 2012

ARLENE HITE vs. TEPCO (STANDARD ABRASIVES, INC.), EVEREST NATIONAL INSURANCE COMPANY, CLARENDON NATIONAL INSURANCE COMPANY

This case concerns Clarendon National Insurance Company's petition for reconsideration of an arbitrator's contribution award. Clarendon argued it should not be liable for contribution because it was joined as a defendant over a year after the underlying cumulative trauma claim was settled. The Board denied reconsideration, finding that Clarendon received timely actual notice of Everest's contribution claim within one year of the settlement approval. Therefore, despite the delay in formal joinder, Clarendon cannot show prejudice and is liable for its share of the contribution award.

Workers' Compensation Appeals BoardPetition for ContributionLabor Code section 5500.5Cumulative traumaCompromise and releaseOrder of JoinderNunc pro tuncActual noticeTimely noticePrejudice
References
0
Case No. MISSING
Regular Panel Decision
Jan 23, 1995

New York State Teamsters Conference Pension & Retirement Fund v. Fratto Curbing Co.

The case involves the New York State Teamsters Conference Pension and Retirement Fund seeking a default judgment against Fratto Curbing Co., Inc. for delinquent pension fund contributions. Fratto failed to respond to the complaint after being served, leading to an entry of default by the Clerk of the Court. The court granted the Teamsters' motion for default judgment, finding Fratto liable for delinquent contributions, audit fees, interest, and attorney's fees. The decision also clarified the calculation of liquidated damages under ERISA, stating that the fund is entitled to the greater of double interest or the plan's liquidated damages, but not both, thus reducing the total award. The final judgment was entered against Fratto in the amount of $5,687.23, along with post-judgment interest.

ERISAPension ContributionsDefault JudgmentDelinquent PaymentsCollective BargainingEmployee BenefitsLiquidated Damages CalculationAttorney's FeesFederal CourtContractual Obligations
References
7
Case No. MISSING
Regular Panel Decision

Finkel v. Triple a Group, Inc.

Plaintiff, Chairman of the Joint Industry Board of the Electrical Industry, initiated an action against The Triple A Group, Inc. (TAG) and Michael Volpe under ERISA and LMRA to recover delinquent benefit fund contributions. Following the defendants' default, Magistrate Judge Steven M. Gold issued a Report and Recommendation (R&R) proposing that the plaintiff be awarded damages. The District Court, after reviewing the R&R and finding no clear error, concurred with its findings. Consequently, the court ordered TAG liable for a total of $77,089.54, encompassing unpaid contributions, bounced checks, interest, liquidated damages, attorney's fees, and costs. Additionally, Michael Volpe was found jointly and severally liable with TAG for $2,266.31 of these delinquencies, stemming from a prior settlement agreement.

Default JudgmentERISA ViolationLMRA ClaimDelinquent ContributionsBenefit FundsCollective Bargaining AgreementDamages AwardAttorney's FeesLiquidated DamagesPersonal Liability
References
26
Case No. MISSING
Regular Panel Decision

Iron Workers District Council v. D.C. Scott, Inc.

Plaintiffs, a consortium of Iron Workers funds, union, and a trust, initiated legal action against D.C. Scott, Inc. under ERISA and the Labor-Management Relations Act. The lawsuit aimed to recover delinquent fringe benefit contributions and compel an audit of the defendant's records. Plaintiffs moved for summary judgment, providing extensive documentation and affidavits to support their claims. Despite being notified of the procedural requirements and consequences for non-compliance, D.C. Scott, Inc., proceeding pro se after its counsel withdrew, failed to submit a sworn response or admissible evidence to counter the motion. Consequently, the court granted summary judgment in favor of the plaintiffs, ordering D.C. Scott, Inc. to pay $235,417.98 in delinquent contributions, interest, fees, and to comply with future audit and reporting obligations.

ERISALabor-Management Relations ActDelinquent ContributionsSummary JudgmentPro Se LitigantAttorney WithdrawalFederal Rules of Civil ProcedureEmployee BenefitsPension FundsHealth Insurance Fund
References
21
Case No. 2025 NY Slip Op 02377
Regular Panel Decision
Apr 24, 2025

Matter of A. WW.

This case involves an appeal concerning a juvenile delinquency adjudication against A. WW. She was initially taken to a hospital under a Mental Hygiene Law § 9.41 hold and subsequently slapped a DSS caseworker, leading to a juvenile delinquency proceeding for attempted assault. Despite being medically cleared, A. WW. remained in the hospital's emergency room for six months due to the inability to find suitable placement. She eventually admitted to the charge, was adjudicated delinquent, and placed in OCFS custody. The Appellate Division, Third Department, reversed the Family Court's order and dismissed the petition in the interest of justice, highlighting the non-serious nature of the crime and the systemic failure in providing appropriate care for A. WW., and stating that a juvenile delinquency proceeding should not be leveraged for placement.

Juvenile DelinquencyMental Health LawCapacity EvaluationFamily Court ActEffective Assistance of CounselInterest of Justice DismissalChild WelfareHospital BoardingAppellate ReviewAttempted Assault
References
37
Case No. MISSING
Regular Panel Decision

L.I. Head Start Child Development Services, Inc. v. Economic Opportunity Commission of Nassau County, Inc.

This case, a "MEMORANDUM OF DECISION AND ORDER," addresses a class action brought by L.I. Head Start Child Development Services, Inc. and Paul Adams against Community Action Agencies Insurance Group (CAAIG), the Economic Opportunity Commission of Nassau County, Inc. (EOC Nassau), the Economic Opportunity Council of Suffolk County, Inc. (EOC Suffolk), Yonkers Community Action Program, Inc. (Yonkers CAP), and the Estate of John L. Kearse. The plaintiffs alleged various breaches of fiduciary duty under ERISA, including the diversion of reserves, failure to adequately fund the plan, failure to collect delinquent contributions, and unjust enrichment. The court found in favor of the defendants on the claims of reserve diversion and unjust enrichment. However, the defendants were found liable for failing to adequately fund the CAAIG Plan, with damages to be determined in a future hearing, and EOC Nassau, Yonkers CAP, and Kearse's Estate were held liable for $9,000 plus interest for failing to collect delinquent contributions from EOC Suffolk.

ERISA Fiduciary DutyEmployee Benefit PlanDelinquent ContributionsUnjust EnrichmentCo-Fiduciary LiabilityTrust Agreement AmendmentsPlan ReservesClass Action LawsuitEastern District CourtPension and Welfare Funds
References
36
Showing 1-10 of 1,512 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