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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Engstrum & Nourse-Stolte v. E.C. Ernst, Inc. (In re E.C. Ernst, Inc.)

E.C. Ernst, Inc. (Ernst), a debtor-in-possession in a Chapter XI bankruptcy proceeding, entered into a subcontract with Engstrom & Nourse-Stolte (ENS) for electrical work. After Ernst filed for bankruptcy, a Supplemental Agreement allowed Ernst to continue the project. ENS later filed a Proof of Claim for expenses, which Ernst moved to expunge or allow only as a general unsecured claim. Both parties filed cross-motions for summary judgment regarding the priority of ENS's claim and the interpretation of their agreements. Additionally, Ernst sought to expunge ENS's claim for failure to produce documents. The court denied both motions for summary judgment, citing disputes over the intent behind the Supplemental Agreement and potential breach of contract, and directed ENS to comply with document production.

Bankruptcy ActChapter XI ReorganizationExecutory ContractsSummary JudgmentDebtor-in-PossessionSubcontract AgreementProof of ClaimPriority ClaimContract InterpretationDocument Production
References
13
Case No. MISSING
Regular Panel Decision
May 20, 1994

Twyford v. Production Associates, Inc.

Production Associates, Inc. appealed an order from the Supreme Court, Richmond County, which granted McDonald’s Corporation’s motion to dismiss a third-party complaint. The primary action involved Thomas E. Twyford, a McDonald's employee, who sued Production Associates for injuries suffered at a convention. Production Associates then sought contribution from McDonald's. The Supreme Court initially applied Pennsylvania law, leading to the dismissal of the third-party complaint. However, the appellate court reversed this decision, concluding that Illinois law should apply based on an 'interests analysis' approach, as both Production Associates and McDonald's have significant ties to Illinois. Illinois workers' compensation law, unlike Pennsylvania's or New Jersey's, does not preclude third-party contribution claims against an employer.

Personal InjuryThird-Party ActionWorkers' CompensationChoice of LawConflict of LawsContribution ClaimsSummary JudgmentAppellate ReviewIllinois LawPennsylvania Law
References
4
Case No. No. M21-88
Regular Panel Decision
Nov 29, 2007

In Re Mtbe Products Liab. Lit.

Plaintiffs, residents and business owners in Fort Montgomery, New York, brought actions against gas station owners and suppliers, including Sunoco, Inc. and ExxonMobil, alleging MTBE contamination of their private wells. They claimed various harms including lowered property values and fear of future health issues due to exposure. Plaintiffs asserted claims for strict product liability, negligence (including negligent infliction of emotional distress), trespass, nuisance, intentional interference with water resources, unfair competition, outrageous conduct, and New York State Navigation Law violations. Defendants moved for summary judgment on the emotional distress claims. The court granted in part and denied in part the defendants' motion, allowing claims for negligent infliction of emotional distress to proceed based on evidence of subcellular damage (MTBE-DNA adducts) as a rational basis for fear, but dismissed claims for intentional infliction of emotional distress due to insufficient evidence of extreme and outrageous conduct or intent to cause severe emotional distress. The court also ordered plaintiffs to submit to mental exams regarding their negligent infliction of emotional distress claims.

MTBE contaminationGroundwater pollutionToxic tortEmotional distressNegligent infliction of emotional distressProduct liabilitySummary judgmentEnvironmental lawFear of cancerSubcellular damage
References
132
Case No. MISSING
Regular Panel Decision

Smith v. Positive Productions

Jonathan Smith, known as Lil Jon, petitioned the District Court to vacate or modify an arbitration award in favor of Positive Productions, a Japanese concert promoter. The dispute arose from Smith's failure to perform three concerts in Japan as per initial and rescheduled agreements, leading to their cancellation. The International Centre for Dispute Resolution arbitrator, Mark Diamond, awarded Positive Productions $379,874.00 for lost profits, expenses, legal fees, and loss of reputation. Smith argued improper notice of arbitration, lack of arbitrator jurisdiction, and manifest disregard of New York law regarding damages. The District Court, presided by Judge Mukasey, denied Smith's petition and granted Positive Productions' cross-petition to confirm the award, finding that Smith received sufficient notice, the arbitrator had jurisdiction, and the damage awards were justified under the law.

Arbitration AwardContract BreachLost ProfitsExpensesReputation DamagesAttorneys' FeesNoticeJurisdictionFederal Arbitration ActNew York Law
References
54
Case No. MISSING
Regular Panel Decision

Amity Leather Products Co. v. RGA Accessories, Inc.

Amity Leather Products Co. moved to hold RGA Accessories, Inc. in civil contempt for violating a prior injunction that prohibited RGA from using Amity's product photographs for its own competing products. Amity alleged RGA used a photo of its 'Macro bag' to promote the 'Petite Valise' through their joint venture, Smithy Accessories. The court found clear and convincing evidence of the violation, noting identical markings on the products in photographs. It rejected RGA's defenses of diligence and shifting blame to its joint venture partner. The court granted Amity's motion, ordering RGA to account for and pay profits from sales to J.C. Penney, cease further use of the promotional material, and issue a disclaimer to all recipients.

Contempt of CourtInjunction ViolationLanham ActFalse AdvertisingJoint Venture LiabilityCivil ContemptUnjust EnrichmentCease and DesistDisclaimerPhotographic Evidence
References
7
Case No. 1:00-1898, MDL 1358(SAS), M 21-88, 04-Civ-2389, 04-Civ-5424, 04-Civ-3417, 04-Civ-4968
Regular Panel Decision
Oct 10, 2006

In Re Methyl Tertiary Butyl Ether (MTBE) Products

This consolidated multi-district litigation (MDL) concerns groundwater contamination by the gasoline additive MTBE and its degradation product, TBA. Defendants moved for summary judgment in several New York actions and one Orange County Water District action, arguing plaintiffs lacked Article III standing because the contamination levels were below the Maximum Contaminant Level (MCL), thus not constituting an "injury-in-fact." The court analyzed whether the MCL defines the scope of a legally protected interest, distinguishing prior cases involving private well owners or those where remediation expenses were not directly linked to contamination. The court concluded that MCLs are regulatory standards for water providers, not a strict definition of what constitutes an injury for tort liability. It determined that contamination below the MCL can still cause a cognizable injury due to monitoring, testing, treatment costs, and issues like taste and odor. The court denied defendants' motions for summary judgment, finding that factual disputes remain regarding the extent of plaintiffs' alleged injuries from low-level MTBE contamination, making a summary judgment ruling premature.

Groundwater ContaminationMTBE LitigationTertiary Butyl Alcohol (TBA)Product LiabilityMulti-District Litigation (MDL)Article III StandingSummary JudgmentMaximum Contaminant Level (MCL)Environmental LawWater Quality Standards
References
60
Case No. MISSING
Regular Panel Decision

Collins v. Promark Products, Inc.

Plaintiff Terry Collins, an employee of the government’s National Park Service, was injured on Ellis Island while using a stump grinder manufactured by defendant Promark Products, Inc. Plaintiff, who had been receiving workers’ compensation benefits, initiated a products liability action against Promark. Promark subsequently impleaded the United States government, alleging negligence in machine maintenance and inadequate instruction. The government moved for summary judgment, contending that New Jersey law should apply under the Federal Tort Claims Act, which would bar the third-party action as workers' compensation would be the sole liability. The court examined an 1833 agreement between New Jersey and New York, consented to by Congress, establishing jurisdictional and territorial limits. The court concluded that New York law applies to the areas on Ellis Island where the tort occurred, granting New York exclusive jurisdiction despite New Jersey's property rights to the underwater land. Consequently, the government’s motion for summary judgment was denied.

Personal InjuryProducts LiabilityFederal Tort Claims ActWorkers' CompensationJurisdictionSummary JudgmentInterstate CompactEllis IslandGovernment Liability
References
4
Case No. MISSING
Regular Panel Decision

Acorne Productions, LLC v. Tjeknavorian

This case details a dispute between Acorné Productions, LLC and Shant Mardirossian (plaintiffs) and Zareh Tjeknavorian and Alina Tjeknavorian (defendants) concerning the production of a film about the Armenian Genocide. Plaintiffs initiated a lawsuit in New York state court, citing various state law claims due to the defendants' alleged failure to deliver the film. The defendants subsequently removed the case to federal court, contending that the claims fell under the Copyright Act, and also introduced counterclaims seeking declaratory judgment and asserting breach of contract. The court ultimately concluded that neither the plaintiffs' claims nor the defendants' counterclaims established federal subject matter jurisdiction under the Copyright Act. Consequently, the court granted the plaintiffs' motion to remand the case to New York state court but denied their request for attorneys' fees, recognizing that the defendants had an objectively reasonable basis for their initial removal.

copyright disputecontract lawfederal jurisdictionremandattorneys' feesfilm productionstate law claimsdeclaratory judgmentbreach of contractwork for hire doctrine
References
20
Case No. MISSING
Regular Panel Decision

Barry & Sons, Inc. v. Instinct Productions LLC

Plaintiff Blackground Records, Inc., sued defendant Instinct Productions, LLC, seeking a declaratory judgment and alleging negligence following the tragic death of R&B vocalist Aaliyah during the production of a music video. Blackground argued Instinct was contractually liable for losses and negligent in Aaliyah's transportation. Instinct moved to dismiss both claims, asserting that the contract clause was for third-party indemnification and that an employer cannot recover for an employee's wrongful death. The court granted Instinct's motion to dismiss the declaratory judgment claim, interpreting the contract as a standard third-party indemnification clause. However, the court denied dismissing the negligence claim, finding that Aaliyah was a "principal asset" of Blackground, thereby allowing the negligence claim to proceed as a claim for damage to a valuable property asset.

declaratory judgmentnegligencecontract disputemotion to dismissindemnification clausethird-party liabilitywrongful death claimemployer-employee relationshipproperty assetmusic video production
References
30
Case No. MISSING
Regular Panel Decision

Pollack v. Safeway Steel Products, Inc.

Plaintiff Emil Pollack, a mason tender, fell from scaffolding while working on a Lowe's store construction site in Orangeburg, New York, on September 25, 2002, sustaining injuries. He sued Safway Steel Products, Inc., March Associates (general contractor), Orangeburg Holding, LLC (land owner), and Lowe's Home Centers, Inc. (developer), alleging violations of New York Labor Law §§ 240(1), 241(6), and 200, along with common law negligence and strict products liability. Both plaintiff and defendants filed motions for summary judgment. The court denied the plaintiff's motion for summary judgment under Labor Law §§ 240(1) and 241(6) against March, Lowe's, and Orangeburg due to factual disputes. The court also denied March, Lowe's, and Orangeburg's cross-motion for summary judgment. Safway's motion for summary judgment was granted for the Labor Law § 200 claim but denied for §§ 240(1) and 241(6) claims. March's request for contractual and common law indemnification from CMC Concrete Masonry (a subcontractor and third-party defendant) was denied for summary judgment purposes due to unresolved issues of fault.

Summary judgmentLabor LawScaffolding accidentConstruction site injuryProximate causeContributory negligenceNon-delegable dutyGeneral contractor liabilityOwner liabilityThird-party action
References
32
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