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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

Moore v. Eagle Sanitation, Inc.

Plaintiffs Kevin Moore and Roger Snyder filed a lawsuit against Eagle Sanitation Inc. and Michael Reali, seeking unpaid overtime compensation under the Fair Labor Standards Act (FLSA) and New York Labor Law. They moved for conditional certification as an FLSA collective action, production of contact information for potential class members from April 2005 to April 2011, and court authorization to circulate a Notice of Pendency. The court, presided over by Magistrate Judge A. Kathleen Tomlinson, granted the motion for conditional certification, finding that the plaintiffs met the lenient evidentiary standard required at this stage. Additionally, the court granted the request for defendants to produce contact information for a six-year period to account for state law claims, emphasizing judicial economy. The court also authorized the dissemination of the proposed notice, with minor modifications regarding the inclusion of defense counsel's contact details and clarification on potential costs and discovery obligations for opt-in plaintiffs.

FLSACollective ActionOvertime CompensationNew York Labor LawConditional CertificationNotice of PendencyStatute of LimitationsDiscovery of Class MembersWage and Hour DisputeEmployment Law
References
26
Case No. MISSING
Regular Panel Decision

Murray Energy Corp. v. Reorg Research, Inc.

In this special proceeding, petitioner Murray Energy Corporation sought pre-action disclosure from Reorg Research, Inc. under CPLR 3102 (c) to identify confidential sources who provided information about Murray's financial strategies. Reorg argued that it was protected by New York’s Shield Law (Civil Rights Law § 79-h), claiming its editorial team acts as professional journalists disseminating news. The court, presided over by Carol R. Edmead, J., examined whether Reorg’s information, distributed to a limited group of high-end subscribers under strict confidentiality agreements, qualified as "news intended for dissemination to the public." The court concluded that Reorg does not meet this statutory requirement because its business model explicitly prevents public dissemination. Therefore, the Shield Law did not apply, and the court granted Murray’s application for pre-action disclosure, ordering Reorg to reveal the names and contact information of its sources.

Pre-action disclosureCPLR 3102New York Shield LawCivil Rights Law § 79-hJournalist's privilegeConfidential sourcesNews disseminationFinancial intelligencePrivate speechPublic concern
References
16
Case No. ADJ1312501, ADJ4641701
Regular
May 03, 2011

Walter Harrison vs. ROLLING HILLS COUNTRY CLUB, CNA INSURANCE COMPANY, GENERAL INSURANCE COMPANY OF AMERICA, FIRST NATIONAL INSURANCE COMPANY OF AMERICA, CALIFORNIA INDEMNITY INSURANCE COMPANY, GALLAGHER BASSETT SERVICES, STATE COMPENSATION INSURANCE FUND

This case concerns an applicant with a prior specific injury to his right knee and claims of cumulative trauma to the knee, low back, and coccidioidomycosis. The Workers' Compensation Appeals Board granted reconsideration and rescinded the original award. The Board found no substantial medical evidence linking the applicant's coccidioidomycosis to cumulative trauma, requiring the matter to return to the trial level. Further proceedings are needed to determine the actual nature of the cumulative trauma injury, its date, and relevant liability.

CoccidioidomycosisCumulative traumaDate of injurySpecific injuryMedical evidenceAgreed Medical Examiner (AME)Permanent disabilityReconsiderationFindings and AwardLabor Code section 5500.5
References
0
Case No. 2025 NY Slip Op 03320 [239 AD3d 635]
Regular Panel Decision
Jun 04, 2025

Montanino v. New York City Dept. of Sanitation

The plaintiff, Daniel Montanino, appealed an order that dismissed his defamation complaint against the New York City Department of Sanitation (DSNY) and the City of New York. Montanino alleged that an anonymous DSNY employee posted a false statement on DSNY's internal network claiming he leaked civil service exam answers, and this statement was then disseminated throughout the department. The City defendants moved to dismiss, arguing immunity under the Communications Decency Act (CDA) and failure to meet CPLR 3016 (a) pleading requirements for defamation. The Supreme Court granted the motion, finding the City defendants immune under the CDA as a provider of an interactive computer service and not the content provider, and that Montanino failed to specify details regarding the alleged subsequent dissemination of the defamatory statement. The Appellate Division affirmed the Supreme Court's decision.

DefamationCommunications Decency ActCDA immunityInteractive computer serviceLibel and slanderPleading sufficiencyAnonymous postInternal communication networkCivil service examinationAppellate review
References
17
Case No. MISSING
Regular Panel Decision

Sharma v. Burberry Ltd.

Plaintiffs Poonam Sharma, Brian Roach, Ronnel Jarin, and Nikita Simon brought an action against Burberry Limited for unpaid overtime under the FLSA and New York Labor Law, seeking conditional certification as a collective action. Magistrate Judge A. Kathleen Tomlinson ruled on several motions, including Plaintiffs' motion for conditional certification, Defendant's motion to strike, and various motions to supplement the record and compel discovery. The court partially granted Plaintiffs' motion for conditional certification, limiting the class to Sales Associates and Sales Leads in specific New York and New Jersey Burberry stores for defined periods. Defendant's motion to strike was denied, and other motions were granted in part and denied in part, setting parameters for notice dissemination and discovery while denying nationwide certification and certain dissemination methods.

Overtime CompensationFLSANew York Labor LawCollective ActionConditional CertificationSales AssociatesRetail EmploymentWage and Hour DisputeEmployment LitigationClass Action Notice
References
68
Case No. MISSING
Regular Panel Decision

Moran v. Walsh

Plaintiffs, members of Local 1-2, Utility Workers of America, including Moran and the Members' Voice group, moved for a preliminary injunction against the union's ruling slate (Walsh, Goodman, Geller, Burkhart) concerning union governance. The dispute involved the timing of union membership meetings, the consideration of proposed by-law amendments by Moran, and access to financial documents prior to a vote on expenditures. The defendants, who assumed office in September 1990, deviated from established 19-year practices regarding meeting schedules and notice, and initially refused full access to financial records. The court found that these actions constituted irreparable harm and raised sufficiently serious questions regarding violations of Local 1-2's by-laws and Section 101(a)(1) of the LMRDA (29 U.S.C. § 411(a)(1)). The court also determined that plaintiffs had "just cause" under 29 U.S.C. § 431(c) to examine and disseminate union financial records to members. Consequently, the court granted the preliminary injunction, ordering defendants to hold the next meeting in April 1991 with proper notice, conduct a secret ballot vote on Moran's by-law proposal, and allow plaintiffs to review, copy, and disseminate specified union documents to the membership.

Union GovernanceBy-law AmendmentsMembership MeetingsFinancial DisclosureLMRDAPreliminary InjunctionVoting RightsUnion DemocracyLabor DisputeFreedom of Speech
References
10
Case No. MISSING
Regular Panel Decision

Hetzler v. Record/Information Dissemination Section, Federal Bureau of Investigation

This case involves a Freedom of Information Act (FOIA) request by pro se plaintiff Déirdre McKiernan Hetzler seeking records from the Federal Bureau of Investigation (FBI) concerning her father. The FBI released some documents, redacted others, and withheld some entirely, citing various FOIA exemptions including national security, internal agency rules, and protection of confidential sources and third-party privacy. Plaintiff challenged the breadth of these redactions. The Court conducted an in camera review of the withheld documents and, after evaluating the asserted exemptions, granted in part and denied in part both the defendants' motion for summary judgment and the plaintiff's cross-motion, ordering the FBI to re-process and re-release certain documents where redactions were deemed unjustified.

FOIANational SecurityClassified InformationRedactionSummary JudgmentPrivacy InterestsConfidential SourcesFBIGovernment RecordsDeclassified Documents
References
30
Case No. ADJ 9143898
Regular
Mar 16, 2016

RONALD SHIVERS vs. CAROL ELECTRIC CO., INC., SEABRIGHT INSURANCE COMPANY

Here's a summary for a lawyer: The Workers' Compensation Appeals Board granted the defendant's Petition for Reconsideration, rescinding a prior Finding of Fact that the applicant sustained an industrial injury of coccidioidomycosis. This action was taken because the parties reached a settlement during the pendency of the reconsideration. The matter is now returned to the trial level for proceedings related to the settlement. The Board expressed no opinion on the merits of the defendant's original petition.

WCABPetition for ReconsiderationIndustrial InjuryCoccidioidomycosisValley FeverElectricianCumulative PeriodSettlementFinding of FactRescinded
References
0
Case No. ADJ7772997
Regular
Jan 16, 2014

ADRIAN MANNS vs. STATE OF CALIFORNIA, CALIFORNIA DEPARTMENT OF CORRECTIONS AND REHABILITATION, Legally Uninsured, STATE COMPENSATION INSURANCE FUND/STATE CONTRACT SERVICES, Adjusting Agency

The Workers' Compensation Appeals Board granted reconsideration to amend a finding of fact regarding applicant Adrian Manns' cumulative trauma injury. While affirming that Manns sustained an industrial injury, the Board revised the period of injury to end in January 2001, aligning with medical examiner opinions. The Board found insufficient evidence to support the presumption of industrial causation under Labor Code sections 5402 or 3212.10. The amended finding now states the injury occurred up to January 2001, including coccidioidomycosis and meningitis.

CoccidioidomycosisMeningitisCumulative TraumaCorrectional OfficerLabor Code section 5402Labor Code section 3212.10Agreed Medical ExaminersDate of InjuryPresumption of Industrial CausationStatute of Limitation
References
1
Case No. 2023 NY Slip Op 01296
Regular Panel Decision
Mar 15, 2023

Matter of Kimble v. Yonkers Bd. of Educ.

This proceeding under CPLR article 78 reviews the Yonkers Board of Education's determination to terminate the petitioner, Charles Kimble, a custodial worker, for incompetence, insubordination, and misconduct pursuant to Civil Service Law § 75. The charges included failing to report dangerous items, disseminating an inappropriate photograph, and betting with students. While the Appellate Division, Second Department, found substantial evidence supported the findings of guilt, it concluded that the penalty of termination was disproportionate given Kimble's length of service and lack of prior disciplinary record. Therefore, the court annulled the termination and remitted the matter back to the Board of Education for the imposition of a lesser penalty.

Employment LawDisciplinary ProceedingCivil Service LawPublic EmployeeTermination of EmploymentMisconductIncompetenceInsubordinationPenalty ReviewAdministrative Law
References
12
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