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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

Theresa J. v. Patricia J.

This case involves an appeal in a neglect proceeding under Article 10 of the Family Court Act, where the respondent mother was accused of neglecting her three children due to drug misuse. Evidence presented included the mother testing positive for cocaine during childbirth, her admission to occasional cocaine use, and the premature birth and death of one child due to renal failure. While the majority found a prima facie case of neglect warranting a continued fact-finding hearing, the dissenting justice argued that a prima facie case was not established, citing a lack of proof for repeated drug misuse or a direct causal link between the mother's drug use and the child's impairment or death. Both the majority and dissent agreed to remand the case for further proceedings, especially considering a potential subsequent drug arrest of the respondent.

NeglectChild ProtectionDrug MisuseCocainePremature BirthInfant DeathPrima Facie CaseRemandFamily Court ActAppeal
References
0
Case No. MISSING
Regular Panel Decision
Jan 02, 1996

Isnardi v. Genovese Drug Stores, Inc.

Thomas Isnardi was injured on September 13, 1993, after falling from a scaffold while performing demolition work on premises owned by Genovese Drug Stores, Inc. He sued Genovese and the general contractor, Robbins & Cowan, Inc., alleging a violation of Labor Law § 240 (1) for failure to provide adequate scaffolding. Robbins & Cowan, Inc. then filed a third-party action against Joe Demasco, Isnardi's employer. The Supreme Court granted Isnardi summary judgment on liability. However, the appellate court reversed this decision, denying the plaintiff's motion, as there was a factual dispute regarding whether Isnardi was a recalcitrant worker who refused to use a provided safe "pipe" scaffold, opting instead for an allegedly less stable "Baker" scaffold.

Personal InjuryScaffold FallDemolition WorkRecalcitrant Worker DefenseSummary JudgmentLabor LawConstruction AccidentThird-Party ActionIndemnificationAppellate Reversal
References
4
Case No. MISSING
Regular Panel Decision

Bernard v. Commerce Drug Co., Inc.

Plaintiff Peter S. Bernard brought claims against Commerce Drug Company and Del Laboratories, Inc. for trademark violations under the Lanham Act and state law concerning the product 'Arthriticare.' Defendants moved for partial summary judgment on trademark infringement and judgment on the pleadings for fraudulent trademark registration, while plaintiff cross-moved for partial summary judgment. The court found plaintiff's 'Arthriticare' mark to be descriptive and lacking secondary meaning, thus granting defendants' motion for summary judgment on the trademark infringement claim. The claim for fraudulent trademark registration was dismissed as defendants' mark was not registered. All remaining state and common law claims were dismissed due to the absence of federal claims and diversity jurisdiction.

Trademark InfringementLanham ActSummary JudgmentJudgment on PleadingsDescriptive TrademarkSecondary MeaningFraudulent RegistrationPendent JurisdictionDiversity JurisdictionUnregistered Mark
References
14
Case No. MISSING
Regular Panel Decision

Halsey Drug Co. v. Drug, Chemical, Cosmetic, Plastics & Affiliated Industries Warehouse Employees, Local 815

Plaintiff Halsey Drug Co., Inc. (Halsey) filed an action against Defendant Drug, Chemical, Cosmetic, Plastic and Affiliated Industries Warehouse Employees, Local 815 (Local 815) under the Federal Declaratory Judgment Act and the Labor Management Relations Act. Halsey sought a declaration from the court regarding the arbitrability of certain issues related to a collective bargaining agreement (CBA) after closing its Brooklyn facility and moving some operations to Congers, New York. Local 815 demanded that Halsey apply the CBA to the new Congers facility and offer employment to laid-off Brooklyn employees, subsequently filing for arbitration. Halsey argued that the claims arose after the CBA's expiration and should be handled by the National Labor Relations Board, not arbitration. The court, applying established labor law precedents regarding arbitrability, denied Halsey's motion for summary judgment and granted Local 815's motion, ruling that the dispute is arbitrable because the underlying facts arose before the CBA's expiration and involve contract interpretation.

ArbitrationCollective Bargaining AgreementLabor DisputeSummary JudgmentContract InterpretationUnion RepresentationFederal Declaratory Judgment ActLabor Management Relations ActPost-expiration ClaimsArbitrability
References
11
Case No. MISSING
Regular Panel Decision

Natural Resources Defense Council v. United States Food & Drug Administration

This Memorandum and Order addresses several motions in a case brought by environmental and public interest groups against the U.S. Food and Drug Administration (FDA). The plaintiffs sought to compel the FDA to initiate proceedings to withdraw approval of certain antibiotics used non-therapeutically in livestock. The court, presided over by Magistrate Judge James C. Francis IV, granted in part the plaintiffs' motion to strike certain documents, adopted the Government's proposed schedule for complying with a previous order, and denied the Government's motion for a stay pending appeal. The judge found the FDA's decades-long delay in fulfilling its statutory duty to be unreasonable, justifying the imposition of a compliance timetable.

Antibiotic ResistanceAnimal Feed RegulationFDA EnforcementAdministrative Procedure ActFood, Drug, and Cosmetic ActMandamusJudicial ReviewStay Pending AppealSummary JudgmentPublic Health
References
41
Case No. MISSING
Regular Panel Decision

Elgin v. Bryant

This case involves an appeal by the Commissioner of Labor from a Chancery Court decree in Davidson County, where Elgin Drug Store, Inc. recovered unemployment compensation paid under protest. The core dispute centers on whether Mrs. Nancy Y. Elgin, the corporation's uncompensated secretary and sole stock owner, should be counted as an "employee" under the Unemployment Compensation statute. If Mrs. Elgin were considered an employee, the corporation would meet the eight-employee threshold and be subject to the act; otherwise, it would have only seven employees and not be liable. The Court affirmed the Chancellor's decision, ruling that Mrs. Elgin, performing only nominal duties without compensation, was not an employee as defined by the statute. Consequently, the Elgin Drug Store, Inc. was not subject to the act, and the decision to allow interest on the recovered funds was also affirmed, as the employer was compelled to litigate for the refund.

Unemployment CompensationEmployer DefinitionEmployee StatusCorporate OfficerUncompensated ServicesStatutory InterpretationTax RefundInterest on RecoveryAppellate ReviewTennessee Law
References
8
Case No. MISSING
Regular Panel Decision
Jun 01, 2009

People v. Nunn

This case addresses whether a court's discretion to deem a misdemeanor complaint charging a drug offense as an information, without a field test or laboratory analysis, violates a defendant's due process rights. The court distinguishes People v Kalin and Matter of Jahron S., applying the three-factor test from Mathews v Eldridge. It concludes that the substantial private interest in physical liberty and the risk of erroneous deprivation necessitate a laboratory report or field test in most drug-related cases, imposing minimal burden on the prosecution. Specifically, for defendant Mr. Nunn, the misdemeanor complaint was deemed an information on June 1, 2009, after the certified laboratory analysis was filed.

Due ProcessCriminal ProcedureMisdemeanorControlled SubstanceDrug PossessionMisdemeanor InformationMisdemeanor ComplaintPrima Facie CaseLaboratory AnalysisField Test
References
21
Case No. NO. 14-03-00626-CV
Regular Panel Decision
Aug 17, 2004

Kevin Lewis v. Randall's Food & Drug, L.P.

Kevin Lewis, an employee of Randalls, sued his employer for personal injury after injuring his back while lifting heavy boxes. Lewis, who was on modified work duty, claimed Randalls breached its duty of care by failing to observe federal lifting standards, requiring heavy lifting while he was on modified duty, and failing to provide an adequate workforce. The trial court granted Randalls' motion for summary judgment. On appeal, the court reviewed the summary judgment as a no-evidence motion and affirmed the trial court's decision, finding Lewis failed to present sufficient evidence of breach of duty or proximate causation for his claims. The expert testimony provided was deemed conclusory, and lay testimony was insufficient to establish causation due to the nature and timing of the alleged negligence and injury.

Personal InjurySummary JudgmentNegligenceCausationExpert TestimonyNo-Evidence MotionModified Work DutyLifting InjuryWorkplace SafetyTexas Court of Appeals
References
20
Case No. MISSING
Regular Panel Decision

Holmes v. Drug Enforcement Administration

Plaintiff Cheryl Holmes sued her employer, the Drug Enforcement Administration (DEA), alleging employment discrimination based on sex and age, retaliation, hostile work environment, and constructive discharge under Title VII and the ADEA. Holmes claimed she was discriminatorily rotated from her Chief of Research and Analysis Section position, reassigned to "menial and degrading jobs," and forced into retirement. The Court granted the DEA's motion to dismiss or for summary judgment, finding that Holmes failed to exhaust administrative remedies for some claims, did not establish a prima facie case of gender or age discrimination due to lack of adverse employment action and similarly situated comparators, and failed to prove retaliation or a hostile work environment. The Court also found Holmes did not meet the higher harassment threshold required for constructive discharge.

Employment DiscriminationTitle VIIAge Discrimination in Employment Act (ADEA)RetaliationHostile Work EnvironmentConstructive DischargeMotion to DismissSummary JudgmentAdministrative RemediesExhaustion of Remedies
References
77
Case No. MISSING
Regular Panel Decision

Moreno v. Sterling Drug, Inc.

The dissenting opinion by Justice Doggett criticizes the majority's decision regarding the statute of limitations for wrongful death in Texas. The dissent argues that the court's interpretation, which prevents the application of the discovery rule, is unjust and irreconcilable with previous Texas Supreme Court decisions. It highlights the case of the Morenos and Sloans, whose infant children died from Reye's Syndrome after taking aspirin manufactured by Sterling Drug, Inc., and whose claims are barred because the link between aspirin and the syndrome was discovered too late. Justice Doggett contends that the majority misinterprets legislative intent, ignores constitutional protections, and creates a 'perverse incentive for a tortfeasor to kill rather than merely maim.' The dissent advocates for a liberal construction of the wrongful death statute and the application of common-law tolling principles, aligning with modern judicial trends and criticizing the outdated common-law prohibition against wrongful death actions.

wrongful deathstatute of limitationsdiscovery rulemedical malpracticeproducts liabilityReye's Syndromeaspirinconstitutional lawcommon lawlegislative intent
References
46
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