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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
Aug 14, 2015

Evans, Ralph Kenneth

This document contains two criminal complaints filed by Ralph-Kenneth Evans. He alleges violations of his constitutional rights and various federal and state codes by officials in Grand Saline and Van Zandt County, Texas. Evans claims unlawful arrest for driving without a license, fraud, extortion, and deprivation of liberty, asserting that the legal system is operating unconstitutionally. The complaints also include a "Surrender of Social Security Card and Number" and a "Release of Power of Appointment," challenging government agencies' jurisdiction over him as a private state citizen. He references numerous legal codes and case precedents to support his claims of sovereign status and demands cessation of alleged trespasses.

Criminal ComplaintConstitutional RightsDue ProcessRight to TravelHabeas CorpusTaxationSocial SecuritySovereign CitizenJurisdictionFraud
References
10
Case No. MISSING
Regular Panel Decision
Apr 15, 1998

Lawless v. Kera

The plaintiff was awarded partial summary judgment on a Labor Law § 240 (1) cause of action, which imposes absolute liability on property owners and contractors for injuries from lack of safety devices when a worker falls from a height. Defendant Michael Kera, a third-party plaintiff and experienced in construction, appealed, arguing he fell under the statutory exception for one- and two-family dwelling owners who don't direct or control the work. The court found Kera did not qualify for the exemption because he was building the house solely for commercial purposes (selling it). The court also denied Kera's cross motion for summary judgment on the third-party complaint and the cross motion of Kera Construction Corp. and Vanessa Development Co., Inc., for summary judgment dismissing the complaint due to existing triable issues of fact. The order was affirmed, upholding the plaintiff's partial summary judgment and denying the defendants' cross motions.

Labor LawPersonal InjurySummary JudgmentAbsolute LiabilityStatutory ExceptionCommercial PurposeHomeowner ExemptionConstruction BusinessTriable Issues of FactContributory Negligence
References
10
Case No. MISSING
Regular Panel Decision

Guippone v. Bh S & B Holdings LLC

The court addresses a class action lawsuit under the WARN Act, where terminated employees sued the purchaser of their former employer, Steve & Barry's, for not providing 60 days' notice before a mass layoff. Defendants argued employees were 'part-time' because they worked for the new owner for less than six months. The court rejected this, stating that employment periods with both seller and purchaser should be aggregated for WARN Act purposes. However, the court granted the defendants' motions to dismiss without prejudice, citing the complaint's deficient pleading of facts and instructing the plaintiff to file an amended complaint addressing these deficiencies within twenty days.

WARN ActMass LayoffPlant ClosingEmployment LossAsset PurchaseSuccessor LiabilityPart-Time EmployeesPleading StandardsMotion to DismissBankruptcy
References
15
Case No. MISSING
Regular Panel Decision

Walstein v. Blank

The plaintiff, an unnamed barmaid, filed a complaint against her employer, Erna Blank, and coemployee, Boger Croudy, after sustaining injuries from an assault by Croudy during her employment. Defendant Erna Blank moved to dismiss the complaint. The court found the complaint deficient because it failed to allege that the employer did not provide workers' compensation insurance or instigated the assault. Citing the Workmen's Compensation Law, the court ruled that the plaintiff's injuries arose in the course of employment, making workers' compensation her exclusive remedy. Consequently, the court granted the defendant Erna Blank's motion to dismiss the complaint.

Workers' CompensationMotion to DismissAssaultCo-employee InjuryExclusive RemedyEmployer LiabilityComplaint Sufficiency
References
6
Case No. MISSING
Regular Panel Decision

Caruso v. Civilian Complaint Review Board

This CPLR article 78 proceeding was brought by police officers in the City of New York to permanently enjoin the enforcement of section 440 of the New York City Charter, which established a new Civilian Complaint Review Board (CCRB). Petitioners argued that section 440 failed to protect their constitutional privilege against self-incrimination, was unconstitutionally vague, and violated their contractual rights. The court held that use immunity automatically attaches by operation of law when public employees are compelled to testify under threat of dismissal, thereby safeguarding their Fifth Amendment rights without explicit statutory authorization. It further determined that the City Charter constituted a 'change in the law,' preventing any impairment of contractual rights. Consequently, the court denied injunctive relief and dismissed the petition.

Self-incriminationUse immunityFifth AmendmentCPLR Article 78Police misconductCivilian oversightConstitutional lawDue processCollective bargainingNew York City Charter
References
7
Case No. 06 Civ. 12878(RLC)
Regular Panel Decision

International Securities Exchange, LLC v. S & P Dow Jones Indices, LLC

International Securities Exchange, LLC and International Exchange Holdings, Inc. (ISE) sued S & P Dow Jones, LLC (Dow Jones) for a declaration of right to list options on S&P 500 and DJIA indices without a license, claiming federal copyright preemption. The lawsuit was stayed pending resolution of an identical case in Illinois state courts. The Illinois courts ruled in favor of Dow Jones, affirming its intellectual property rights and concluding that ISE's actions constituted misappropriation, a decision affirmed by the Illinois Appellate Court and upheld by the US Supreme Court's denial of certiorari. Upon returning to the current court, ISE sought to amend its complaint, while Dow Jones moved to dismiss based on res judicata. The court granted Dow Jones' motion, ruling that the Illinois judgment was binding under the Full Faith and Credit Act and Illinois preclusion rules, thus barring ISE from relitigating the preemption issue. ISE's motion to amend its complaint was denied as futile.

Copyright PreemptionRes JudicataCollateral EstoppelFull Faith and Credit ActIntellectual Property RightsStock Market IndicesOptions TradingUnfair CompetitionTortious InterferenceIllinois State Law
References
42
Case No. MISSING
Regular Panel Decision

Smethurst v. International Brotherhood of Electrical Workers, Local 786

The court reversed an order that had granted the plaintiff's motion for an injunction pendente lite and denied the defendants' cross-motion to dismiss the complaint. The temporary injunction was vacated, and the complaint was dismissed. The decision granted the plaintiff leave to serve an amended complaint within ten days. The court determined that the case arose from a 'labor dispute' under section 876-a of the Civil Practice Act and that the initial complaint did not present sufficient facts for a cause of action.

InjunctionLabor DisputeCivil Practice ActComplaint DismissedReversalMotionPendente LiteVacated InjunctionAmended ComplaintProcedural Ruling
References
1
Case No. MISSING
Regular Panel Decision

Corder v. Amalgamated Clothing Workers of America

The plaintiff, a former member of the Amalgamated Clothing Workers of America, AFL-CIO, sought retirement benefits from a fund. The defendant union moved for a judgment dismissing the complaint, arguing that the plaintiff failed to state a cause of action, particularly against an unincorporated association without allegations of unanimous authorization or ratification by its members. The court acknowledged the action was directed at the union and that the complaint included a claim based on fraud. Applying liberal pleading standards under CPLR 3013, the court determined that the first cause of action sufficiently outlined the issues and theory of relief against the union. Consequently, the court denied the defendant's motion to dismiss the complaint.

Retirement BenefitsUnion LiabilityUnincorporated AssociationMotion to DismissPleading SufficiencyCPLRGeneral Associations LawFraud ClaimLabor LawCivil Procedure
References
6
Case No. MISSING
Regular Panel Decision

Cheyne v. Ferro

Plaintiffs, wholesale beer and soft drinks distributors, initiated a lawsuit against Brewery Workers Union, Local No. 263, alleging libel and malicious interference with contractual relations. The union had distributed circulars urging the public to boycott plaintiffs' products due to alleged lower wages and fewer economic benefits for their nonunion drivers. The defendants moved to dismiss the complaint, asserting that the matter constituted a labor dispute falling under the exclusive jurisdiction of the National Labor Relations Board. The court examined whether the complaint described an unfair labor practice or a common law tort, and if state courts were pre-empted from hearing the case. Ultimately, the court determined that the complaint sounded in tort and did not allege an unfair labor practice, thereby affirming state court jurisdiction and denying the motion to dismiss.

Labor DisputeJurisdictionNational Labor Relations BoardPreemption DoctrineTort LawLibelMalicious InterferenceCPLR 3211Motion to DismissState Court Jurisdiction
References
9
Case No. MISSING
Regular Panel Decision

Jowers v. LAKESIDE FAMILY AND CHILDREN'S SERVICES

Lynn Jowers sued Lakeside Family and Children’s Services for wrongful termination, alleging discrimination based on his medical condition (atrial fibrillation) under the Americans with Disabilities Act (ADA). Jowers filed an EEOC complaint more than two years after his termination, exceeding the 300-day statutory limit. Lakeside moved to dismiss the complaint as time-barred, while Jowers cross-moved to dismiss Lakeside's motion, citing ignorance of the law regarding disability discrimination. The court granted Lakeside’s motion, dismissing Jowers’ complaint with prejudice, ruling that his explanation for the late filing was insufficient for equitable tolling, particularly as he had previously filed an EEOC complaint.

Employment DiscriminationADAAtrial FibrillationWrongful TerminationStatute of LimitationsEquitable TollingEEOCMotion to DismissCriminal Background CheckFalsified Employment Application
References
13
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