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

Case No. MISSING
Regular Panel Decision
May 15, 2018

Matter of Center for Discovery, Inc. v. NYC Dept. of Educ.

The Center for Discovery, Inc. appealed a lower court's dismissal of its CPLR article 78 petition against the NYC Department of Education. Petitioner sought reimbursement for additional, mandated services provided to a student with autism, which NYCDE refused to cover. The Supreme Court had dismissed the case, citing a failure to exhaust administrative remedies. The Appellate Division reversed this decision, ruling that NYCDE's definitive refusal to pay constituted an exhaustion of administrative remedies. The matter is remanded to the Supreme Court to determine if NYCDE must reimburse The Center for Discovery for the services it explicitly required.

Education LawSpecial EducationIndividualized Education PlanAdministrative LawReimbursement DisputeCPLR Article 78Appellate ReviewAutism Spectrum DisorderChildren with DisabilitiesGovernment Liability
References
9
Case No. MISSING
Regular Panel Decision

Eaton v. Chahal

This consolidated decision by Justice William H. Keniry addresses common discovery issues across six negligence actions in Rensselaer County Supreme Court. The primary focus is the requirement for a "good faith" effort to resolve discovery disputes, as mandated by section 202.7 of the Uniform Rules for Trial Courts (22 NYCRR). The court emphasizes that a "good faith" effort necessitates significant contact and negotiation between counsel. Due to a complete failure to comply with this rule, the motions and cross-motions in five cases (Eaton, Frament, Lindeman, Madsen, and Malave) are denied. In the Oathout case, the defendants' motion is conditionally granted, pending plaintiff's compliance with discovery demands. The court also outlines its position on substantive discovery issues like medical reports, collateral source information, statutory violations, age/date of birth, photographs, and authorizations for workers' compensation and no-fault insurance files.

Discovery disputesBill of particularsGood faith requirementCPLR Article 31Medical reportsCollateral source informationStatutory violationsWorkers' compensation filesNo-fault insurance filesJudicial discretion
References
19
Case No. MISSING
Regular Panel Decision
May 14, 2015

Boice v. M+W U.S., Inc.

This case concerns a wage-and-hour action filed by Vincent E. Boice against M+W U.S., Inc., Total Facility Solutions, Inc., and M+W Zander N.Y. Architects, P.C. under the Fair Labor Standards Act. Plaintiff moved to conditionally certify a collective action and compel discovery. Magistrate Judge Hummel recommended denying conditional certification without prejudice but granting limited pre-certification discovery for employee contact information. District Judge Glenn T. Suddaby accepted and adopted this Report-Recommendation, denying the defendants' motion to strike the declaration and the plaintiff's motion for conditional certification while granting in part the motion to compel discovery. The court also denied other relief sought by the plaintiff and reopened the discovery period for 90 days.

FLSAWage-and-Hour ActionCollective ActionConditional CertificationDiscovery MotionOvertime CompensationJudicial ReviewEmployment LawClass Action ProcedureMagistrate Judge Recommendation
References
60
Case No. MISSING
Regular Panel Decision
Nov 05, 1990

Carter v. AT & T COMMUNICATIONS

Plaintiff Lucy Carter, a black woman, filed an action against AT & T Communications, alleging race discrimination under Title VII of the Civil Rights Act of 1964, alongside state law violations including breach of contract, tortious interference with contract, negligent infliction of emotional distress, and defamation. Defendant moved for dismissal or summary judgment, while plaintiff cross-moved to compel discovery or for a continuance. The court found that plaintiff had presented sufficient facts to establish a prima facie case for her Title VII claim but required further discovery to support her allegations of intentional discrimination or pretext. Consequently, a 60-day continuance was granted for limited discovery on the Title VII claim, including the deposition of an AT & T employee. The court granted summary judgment dismissing the state law claim based on N.Y. Executive Law, citing the plaintiff's prior election of an administrative remedy. Other state law claims (Counts 3-7) had their summary judgment motions denied without prejudice, allowing renewal after the discovery period.

Employment DiscriminationRace DiscriminationTitle VIISummary JudgmentDiscovery DisputesFederal Rules of Civil ProcedureState Law ClaimsBreach of ContractTortious InterferenceNegligent Infliction of Emotional Distress
References
21
Case No. MISSING
Regular Panel Decision

Napoleoni v. Union Hospital of the Bronx

This case involves an appeal concerning discovery motions in a medical malpractice lawsuit filed by Rosemarie Carreras and Jade Napoleoni against doctors Sushila Gupta, Geraldine Ahneman, and St. Barnabas Hospital. The plaintiffs alleged negligence during prenatal care that led to Jade's severe abnormalities from placental abruption. Defendants sought to compel disclosure of Rosemarie Carreras's substance abuse treatment records, arguing a link between cocaine use during pregnancy and placental abruption. The Supreme Court initially denied extensive discovery, but the appellate court modified this decision. It ordered specific records from Daytop Village and St. Barnabas Hospital to be turned over and allowed further deposition of Carreras regarding her substance abuse during pregnancy, ruling that the plaintiff waived physician-patient privilege and that the public interest in discovery outweighed confidentiality.

Medical MalpracticeDiscovery DisputeSubstance Abuse RecordsPrenatal NegligencePlacental AbruptionPhysician-Patient PrivilegeWaiver of PrivilegeConfidentialityAppellate CourtCPLR
References
8
Case No. MISSING
Regular Panel Decision

In Re Texaco Inc.

Texaco Inc. and its two subsidiaries, Texaco Capital Inc. and Texaco Capital N.V., filed for Chapter 11 bankruptcy. Texaco sought to extend the exclusive periods for filing a reorganization plan, citing the massive size of the case, over 300,000 creditors, and the pending appeal of a $10.3 billion judgment against it by Pennzoil Company. Pennzoil, a leading general unsecured creditor, moved to reduce these exclusivity periods to propose its own creditor's plan. The court, presided over by Bankruptcy Judge Howard Schwartzberg, considered the unprecedented size and complexity of Texaco's bankruptcy case, which is the largest ever filed in the U.S., and the unresolved multi-billion dollar Pennzoil judgment. The court found that Texaco had established sufficient cause for an extension, while Pennzoil failed to demonstrate cause for reduction. Consequently, Texaco's motion to extend the exclusivity periods by another 120 and 180 days was granted, and Pennzoil's motion to shorten them was denied.

BankruptcyChapter 11Exclusivity PeriodPlan of ReorganizationCorporate DebtorsComplex LitigationDebtor-Creditor DisputeJudgment AppealSouthern District of New YorkCorporate Restructuring
References
12
Case No. MISSING
Regular Panel Decision

In Re Terrorist Attacks on September 11, 2002

This Discovery Order, arising from consolidated actions related to the September 11, 2001 terrorist attacks, addresses disputes between the Ashton and Burnett plaintiffs and defendant National Commercial Bank (NCB). Magistrate Judge Maas ruled on the scope of limited jurisdictional discovery concerning NCB's contacts with the United States, an alleged 1998 audit, and customer bank records. The court granted discovery for a six-year period preceding the lawsuits regarding NCB's U.S. presence and ordered NCB to investigate and produce any existing 1998 audit. However, requests for underlying audit documents and specific customer bank records tied to Al Qaeda were denied due to an insufficient prima facie showing of conspiracy.

Discovery DisputeJurisdictional DiscoveryPersonal JurisdictionForeign Sovereign Immunities ActFSIAMinimum ContactsConspiracy TheorySeptember 11 AttacksNational Commercial BankSaudi Arabian Banks
References
16
Case No. MISSING
Regular Panel Decision
Apr 05, 2004

Schwind v. EW & Associates, Inc.

Plaintiff John Schwind brought an action against EW & Associates, Inc. (EWA) and Elaine Wirth, alleging denied overtime pay under the Fair Labor Standards Act (FLSA) and New York State Labor Law, breach of contract, and ERISA-COBRA violations. Schwind claimed he was improperly denied overtime during periods as both an independent contractor and an employee. Defendants moved for summary judgment, arguing Schwind was an exempt employee. The court determined Schwind was an "employee" under the FLSA's economic reality test for all relevant periods. Summary judgment was granted for the defendants regarding the FLSA overtime claim for the period of January 1, 2001, through June 24, 2002, finding Schwind exempt under the administrative exemption. However, summary judgment was denied for the "outside salesman" exemption due to insufficient employer records and for all other claims, as discovery had been limited.

FLSAOvertime PayIndependent Contractor ClassificationEmployee ExemptionAdministrative ExemptionSummary JudgmentNew York Labor LawERISACOBRABreach of Contract
References
42
Case No. MISSING
Regular Panel Decision

Volmar Distributors, Inc. v. New York Post Co., Inc.

Plaintiffs Volmar Distributors, Inc., Interboro Distributors, Inc. d/b/a Media Masters Distributors, and REZ Associates sued multiple defendants including The New York Post Co., Inc., Maxwell Newspapers, Inc., El Diario Associates, Pelham News Co., Inc., American Periodical Distributors, Inc., Vincent Orlando, The Newspaper and Mail Deliverer’s Union of New York and Vicinity (NMDU), and Douglas La Chance. The action alleges violations of the Sherman Antitrust Act, RICO, the New York State Donnelly Act, and state common laws, stemming from the termination of plaintiffs as newspaper distributors. The plaintiffs claim a conspiracy between Orlando (owner of Pelham and American) and La Chance (former NMDU president) to use La Chance's union influence to transfer distribution routes to Orlando's companies. Two related criminal indictments are pending: People v. La Chance and People v. NMDU. The court considered defendants' motion to stay civil discovery pending the resolution of these criminal matters. The court granted a complete stay of discovery for all defendants until the criminal proceedings against La Chance and Orlando are resolved, citing the protection of Fifth Amendment rights and the promotion of judicial efficiency by avoiding duplicative discovery.

AntitrustRICORacketeeringConspiracyCivil DiscoveryCriminal ProceedingsStay of ProceedingsFifth AmendmentSelf-IncriminationLabor Union
References
19
Case No. MISSING
Regular Panel Decision

Bartels v. Rubel Corp.

The plaintiff, chairman of the Brewery Workers’ Pension Fund, seeks to hold an unnamed defendant accountable for an uncollected judgment exceeding $10,000. This judgment was originally obtained against Ebling Brewing Company, Inc., for unpaid pension fund contributions. The plaintiff alleges that Ebling was the defendant's wholly-owned subsidiary, operating as its agent under the defendant's extensive control. While the defendant moved for summary judgment, the plaintiff concurrently pursued discovery and inspection of the defendant's records. The court granted the plaintiff's discovery motion and decided to hold the summary judgment motion in abeyance, emphasizing the necessity for the plaintiff to access facts uniquely within the defendant's knowledge before a final determination.

Summary JudgmentDiscoveryCorporate VeilParent-Subsidiary LiabilityUnpaid ContributionsPension FundJudgment EnforcementInterlocutory OrderProcedural RulingAffiliation
References
1
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