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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

Ferrara v. Jordache Enterprises Inc.

This case involves a conflict of interest arising from the dual representation of a school bus driver, Christine Ferrara, and a matron, Angela Garguilo, by the same law firm after a collision between their bus and a car. Defendants HVT, Inc., Jordache Enterprises, Inc., and Deborah and Ralph Nakash moved and cross-moved for the disqualification of the firm, citing disciplinary rules against representing a driver and passenger jointly due to potential counterclaims and conflicts. The court found that such dual representation constitutes a clear conflict, especially given that counterclaims against the driver were indeed asserted. The plaintiffs' counsel's arguments regarding co-employee status and sole liability of the defendant were deemed unavailing without proper motions. The court granted the disqualification, relieving counsel from representing both plaintiffs and imposing a 60-day stay for them to secure new counsel, while denying other pending motions with leave to renew.

Conflict of InterestAttorney DisqualificationDual RepresentationDisciplinary RulesDriver-Passenger ConflictLegal EthicsWorkers' Compensation Law implicationsFiduciary ObligationsClient ConfidentialitySummary Judgment
References
6
Case No. MISSING
Regular Panel Decision

Mustang Pipeline Co. v. Driver Pipeline Co.

This case concerns a breach of contract dispute between Mustang Pipeline Co. (Mustang) and Driver Pipeline Co. (Driver) regarding a pipeline construction project. Mustang sued Driver for failing to complete work timely, while Driver counterclaimed for wrongful termination. The jury initially found both parties breached, but the Supreme Court of Texas clarified that an express jury finding on materiality is not required when 'time is of the essence,' determining Driver's breach was material as a matter of law. This discharged Mustang from its obligations, invalidating the wrongful termination claim. However, Mustang failed to provide sufficient evidence that its claimed damages were reasonable and necessary. Consequently, the Supreme Court reversed the lower court's judgment for Driver, rendered judgment that Driver take nothing, and reversed the award of attorney's fees to Driver, upholding the denial of damages to Mustang.

Breach of ContractMaterial BreachTime is of the EssenceWrongful TerminationContract DamagesReasonableness of CostsAttorney's FeesJury InstructionsAffirmative DefenseJudgment Notwithstanding Verdict
References
12
Case No. MISSING
Regular Panel Decision

Sanchez v. National Railroad Passenger Corp.

Plaintiff Sanchez filed a negligence action against defendant National Railroad Passenger Corp. (Amtrak) and another entity, alleging injury on February 10, 2005. Amtrak moved for summary judgment, asserting the accident occurred on February 5, 2005, making the claim untimely. Plaintiff's verified complaint and bill of particulars, along with workers' compensation records, stated the injury date as February 10, 2005. While Supreme Court and the Appellate Division initially dismissed the complaint, the higher court reversed, determining that the conflicting proof regarding the incident date presented a material issue of fact. Consequently, summary judgment was deemed unwarranted, and the plaintiff's complaint was reinstated.

Statute of LimitationsSummary JudgmentNegligence ActionPersonal InjuryVerified PleadingsAccident Date DisputeWorkers' Compensation ClaimAppellate ReviewIssue of FactReinstatement of Complaint
References
5
Case No. 06-00-00053-CV
Regular Panel Decision
Feb 13, 2002

Driver Pipeline Company, Inc. v. Mustang Pipeline Company, Inc.

This appeal involves a breach of contract dispute between Driver Pipeline Company, Inc. (Appellant) and Mustang Pipeline Company, Inc. (Appellee) concerning a pipeline construction project. Driver was contracted to build a pipeline but faced delays, leading Mustang to terminate the contract and hire another company. At trial, the jury found Driver breached the contract but also that Mustang was not justified in its termination. The trial court subsequently granted a judgment notwithstanding the verdict (JNOV) on Mustang's damage award, citing a lack of evidence for reasonable and necessary costs. The Sixth Appellate District of Texas at Texarkana affirmed the trial court's judgment. The appellate court upheld the JNOV on Mustang's damages and sustained the jury's finding that Mustang's termination was unjustified, while Driver's appeal regarding a statutory mineral lien was not preserved for review.

Breach of ContractConstruction LawAppellate ReviewJudgment Notwithstanding the VerdictDamagesReasonable and Necessary CostsMaterial BreachTermination of ContractFactual SufficiencyLegal Sufficiency
References
50
Case No. 2021 NY Slip Op 04070
Regular Panel Decision
Jun 24, 2021

Matter of Cisnero v. Independent Livery Driver Benefit Fund

Claimant Jeffrey Cisnero, an independent livery driver, sustained injuries when he was shot during a dispatch. He filed a claim for workers' compensation benefits, which was initially disallowed by a WCLJ but later reversed by the Workers' Compensation Board, finding coverage through the Independent Livery Driver Benefit Fund (ILDBF). The carrier appealed, arguing misinterpretation of the relevant statutes, particularly Executive Law § 160-ddd (1). The Appellate Division, Third Department, affirmed the Board's decision, determining that Cisnero's injuries arose out of and in the course of providing covered services as an independent livery driver dispatched by an ILDBF member. The court found that the vehicle's attenuated affiliation with the New York Black Car Operators' Injury Compensation Fund, Inc. did not alter ILDBF's liability.

Workers' CompensationLivery DriverIndependent ContractorBenefit FundAccidental InjuryCourse of EmploymentStatutory InterpretationExecutive LawWorkers' Compensation LawAppellate Review
References
3
Case No. 04-08-00839-CV
Regular Panel Decision

Lancer Insurance Co. v. Perez

Lancer Insurance Company appealed two summary judgments granted against it, seeking coverage under a business automobile insurance policy. The underlying claim stemmed from Alice High School band members contracting tuberculosis after a field trip, allegedly due to exposure to their bus driver. The passengers (Perez and Salazar plaintiffs) and another passenger (John A. Vela, Jr.) sought a declaratory judgment that Lancer had a duty to defend and indemnify the bus company and driver. The Court of Appeals denied Lancer's motion for rehearing. It reversed and remanded the summary judgment in favor of the passengers, citing material issues of fact regarding whether the infection resulted from the 'use' of the bus. Additionally, it reversed and rendered judgment dismissing Vela's claim for lack of standing.

Insurance CoverageBusiness Automobile PolicyDuty to DefendDuty to IndemnifySummary JudgmentTuberculosis ExposureBus AccidentCausationStandingAppellate Review
References
35
Case No. 04 Civ. 5760
Regular Panel Decision

Cevasco v. National Railroad Passenger Corp.

This consolidated case involves personal injury lawsuits against National Railroad Passenger Corp. ("Amtrak") stemming from a 2004 crane accident in the East River Tunnel. Amtrak sought indemnification from third-party defendants Crescent Contracting, STV, Inc., Hatch Mott MacDonald, Inc. ("HMM"), and STV/HMM based on contractual provisions. Magistrate Judge Gorenstein issued a Report and Recommendation (R&R) suggesting that Amtrak's motions for partial summary judgment on indemnification be granted and HMM's cross-motions for summary judgment be denied. The District Court, finding no clear error, adopted the R&R, concluding that the indemnification clauses in the contracts are broad and enforceable, covering injuries that "arose out of" the work performed by the third-party defendants, even if the direct cause originated externally.

personal injuryindemnificationsummary judgmentcontract disputeworkplace accidentrailroad accidentconstruction managementjoint venture liabilitythird-party claimDistrict of Columbia law
References
43
Case No. MISSING
Regular Panel Decision

Driver Pipeline Co. v. Mustang Pipeline Co.

This is an appeal stemming from a breach of contract lawsuit between Mustang Pipeline Company, Inc. and Driver Pipeline Company, Inc. Mustang initially sued Driver for breach of contract after Driver failed to complete a pipeline project on schedule due to weather delays, leading Mustang to hire another contractor. Driver countersued for wrongful termination. A jury found Driver in breach but also found Mustang unjustified in terminating the contract, awarding damages to both parties. The trial court, however, granted a judgment notwithstanding the verdict (j.n.o.v.) in favor of Driver and its insurer, Seaboard Surety Company, disallowing Mustang's damages. Both Driver and Mustang appealed. Driver appealed the denial of a statutory mineral lien, while Mustang challenged the j.n.o.v. on damages and the jury's finding of unjustified termination. The appellate court affirmed the trial court's judgment, upholding the j.n.o.v. because Mustang failed to provide evidence that its completion costs were "reasonable and necessary," and also upheld the jury's finding of unjustified termination as the breach was not determined to be material.

Breach of ContractPipeline ConstructionJudgment Notwithstanding the Verdict (J.N.O.V.)Contract TerminationMaterial BreachDamages CalculationReasonable and Necessary CostsAppellate ReviewSufficiency of EvidenceTime is of the Essence Clause
References
51
Case No. 2021 NY Slip Op 06069 [199 AD3d 438]
Regular Panel Decision
Nov 09, 2021

Matter of Ashanti v. New York City Conflicts of Interest Bd.

The Appellate Division, First Department, confirmed the determination of the New York City Conflicts of Interest Board, finding that petitioner Karl J. Ashanti violated New York City Charter and City rule provisions. Ashanti was ordered to pay an aggregate civil penalty of $8,500. The court found substantial evidence supported the determination that Ashanti used his City position to gain personal advantage in negotiations on behalf of his wife and utilized City letterhead to advance a legal position contrary to the City's interests. The court rejected the petitioner's due process and agency bias claims, concluding that the penalty imposed did not shock the conscience.

Conflicts of InterestPublic OfficialsEthical ViolationsCivil PenaltyDue ProcessAgency BiasSubstantial EvidenceAppellate ReviewAdministrative Law JudgeCredibility Determinations
References
4
Case No. MISSING
Regular Panel Decision

Claim of Darling v. Transport Drivers, Inc.

The claimant, a truck driver, began experiencing neck pain in 1998 and filed a claim for workers’ compensation benefits, asserting an occupational disease. His treating physician opined that his work activities likely aggravated his degenerative condition, while an independent medical examiner reached a contrary conclusion. A Workers’ Compensation Law Judge initially disallowed the claim, a decision subsequently upheld by the Workers’ Compensation Board. The Board's determination was based on its finding that the treating physician’s opinion relied on an inaccurate description of the claimant's work duties. The Appellate Division affirmed the Board's decision, concluding that it was supported by substantial evidence and acknowledging the Board's authority in resolving conflicting medical evidence.

Causal RelationshipNeck PainOccupational DiseaseMedical EvidenceIndependent Medical ExaminationTreating Physician OpinionSubstantial EvidenceBoard DeterminationAppellate ReviewTruck Driver Injury
References
1
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