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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

Sheahan v. Brady

Plaintiff Danielle Sheahan, a white woman, was terminated from her position at the Internal Revenue Service (IRS) in April 1992, after being hired in May 1991. The defendant, the Secretary of the Treasury, claimed she was fired for submitting an altered college transcript. However, the plaintiff alleged racial and color discrimination, asserting that her mostly Black co-workers and supervisors conspired against her, fabricating the transcript alteration accusation. Sheahan pursued administrative remedies, first with the Merit Systems Protection Board (MSPB), which dismissed her complaint for lack of jurisdiction on October 16, 1992. Subsequently, she filed a charge with the Equal Employment Opportunity Commission (EEOC), which also dismissed her case on October 22, 1992, based on the erroneous belief that an MSPB appeal was still pending. Plaintiff then filed a civil suit in federal court on November 12, 1992. Critically, on November 9, 1992, the Treasury Department had filed a Request to Reopen the EEOC's October 22 decision. The court examined the requirements of Title VII of the Civil Rights Act, 42 U.S.C. § 2000e-16, specifically concerning the exhaustion of administrative remedies and the finality of EEOC actions. Under 29 C.F.R. § 1613.234, a timely request to reopen by either party renders an EEOC decision non-final for the purpose of initiating a civil action. Consequently, the defendant's request to reopen on November 9, 1992, made the EEOC's October 22 decision non-final before Sheahan filed her lawsuit on November 12, 1992. Therefore, the court concluded it lacked subject matter jurisdiction. The court granted the defendant's motion, dismissing the plaintiff's complaint without prejudice, and suggested that either party could renew a request to reopen the EEOC decision, anticipating it would be granted given the EEOC's original erroneous finding.

Federal employment discriminationTitle VIICivil Rights ActRacial discriminationColor discriminationWrongful terminationAdministrative exhaustionEEOC decision finalitySubject matter jurisdictionMotion to dismiss
References
11
Case No. MISSING
Regular Panel Decision

Garden State Anesthesia Associates, PA v. Progressive Casualty Insurance

Garden State Anesthesia Associates (GSAA) sued Progressive Casualty Insurance Company for unpaid first-party no-fault benefits after providing services to Angela Gowan-Walker. Progressive delayed payment, citing the need for Gowan-Walker's examination under oath (EUO) and extensive medical and workers' compensation records. Although Gowan-Walker completed her EUO, Progressive continued to issue delay letters, requesting information primarily from third parties and Gowan-Walker's attorney, without directly contacting GSAA for verification. The court denied Progressive's motion for summary judgment, ruling that an insurer cannot indefinitely toll the 30-day payment period by requesting verification unrelated to the specific provider's claim or by failing to request verification directly from the provider.

No-fault benefitsSummary JudgmentInsurance LawVerification RequestDelay LetterEUOMedical RecordsInsurance ClaimsTimelinessTolling
References
9
Case No. MISSING
Regular Panel Decision

Socialist Workers Party v. Attorney General of United States

This case centers on an action brought by the Socialist Workers Party (SWP) and its youth arm, the Young Socialist Alliance (YSA), against the United States and various government officials. The plaintiffs alleged pervasive illegal activities by the FBI and other federal agencies, including systematic harassment, infiltration, disruption, and surveillance. The court found that the FBI engaged in unconstitutional disruption activities and surreptitious entries, and improperly used informants to gather private information on lawful political activities. As a result, the SWP and YSA were awarded $264,000 in damages under the Federal Tort Claims Act. However, claims for electronic surveillance damages and damages sought by individual plaintiffs were dismissed, and most requests for broad declaratory and injunctive relief were denied, except for an injunction ordering the segregation and limited dissemination of illegally obtained government documents.

FBI MisconductGovernment SurveillancePolitical OrganizationsFirst Amendment RightsCivil Rights LitigationFederal Tort Claims ActInfiltrationDisruption ProgramsSurreptitious EntriesInformants
References
141
Case No. 2024 NY Slip Op 04519
Regular Panel Decision
Sep 24, 2024

Hernandez v. Opera Owners, Inc.

The Appellate Division, First Department, reversed a Supreme Court order denying third-party defendant Poltech Inc.'s motion to dismiss or stay a third-party action. The court found that common-law claims against Poltech Inc. should be dismissed because the complaint did not allege a 'grave injury' as required by Workers' Compensation Law § 11 (1). Additionally, the remainder of the third-party action against Poltech Inc. was stayed because the contractual claims, asserted by third-party plaintiffs as third-party beneficiaries of a contract involving Poltech, were subject to the contract's Alternative Dispute Resolution (ADR) clause.

Workers' Compensation LawGrave InjuryThird-Party ActionContractual DisputeADR ClauseAppellate ReviewMotion to DismissStay of ProceedingsThird-Party Beneficiary
References
8
Case No. 2019 NY Slip Op 03098 [171 AD3d 1236]
Regular Panel Decision
Apr 24, 2019

Shusterich v. Kleinman

Patricia Shusterich, the injured plaintiff, and her husband commenced an action against Aaron and Tispora Kleinman after she tripped on a raised sidewalk. The Kleinmans, as third-party plaintiffs, then sued David Young Park, an adjacent property owner, for contribution and indemnification, alleging he performed negligent sidewalk repair work. The plaintiffs also asserted a direct claim against Park. Park moved for summary judgment, arguing he had no duty to maintain the area as it didn't abut his property, and was exempt from statutory liability due to owning a single-family home. He also contended the work was done by an independent contractor without his request or payment. The Supreme Court, Queens County, granted Park's motion. The Appellate Division, Second Department, affirmed the order, finding that Park established a prima facie case for non-liability and the opposing parties failed to raise a triable issue of fact.

Personal InjurySidewalk DefectSummary JudgmentIndependent ContractorPremises LiabilityAppellate ReviewProperty Owner LiabilityContributionIndemnificationTrip and Fall
References
9
Case No. 2018 NY Slip Op 04859 [162 AD3d 1673]
Regular Panel Decision
Jun 29, 2018

Kipp v. Marinus Homes, Inc.

Plaintiff Robert Kipp commenced an action seeking damages for injuries sustained after falling from a ladder on a construction project, alleging a violation of Labor Law § 240 (1). The Supreme Court, Oneida County, denied Kipp's motion for partial summary judgment and partially denied motions by defendants and a third-party defendant seeking to dismiss the complaint. On appeal, the Appellate Division, Fourth Department, modified the order. The Appellate Division granted the defendants' and third-party defendant's motions, dismissing the Labor Law § 240 (1) claim against the defendants. The court determined that the plaintiff's own conduct was the sole proximate cause of his injuries because adequate safety devices were available, and he either misused or failed to properly use them, despite his claims about ladder placement. The dissenting opinion argued against finding sole proximate cause given the nondelegable duty to properly place safety devices.

Construction AccidentLadder FallLabor Law ViolationSole Proximate CauseSafety DevicesSummary JudgmentAppellate ReviewContractual IndemnificationThird-Party ActionWorker Negligence
References
11
Case No. MDL 381
Regular Panel Decision

In Re Agent Orange Product Liability Litigation

Defendants, manufacturers of Agent Orange, brought third-party actions against the United States government seeking indemnity and contribution for settlement payments made to veterans' wives and children. The government moved to dismiss these claims. The court reiterated that previous direct claims against the government by veterans, wives, and children were dismissed either by the Feres doctrine or for failure to prove a causal connection. The third-party plaintiffs and defendants concurred that Agent Orange causation could not be established with available evidence. Consequently, the court granted the government's motion, ruling that the Federal Tort Claims Act precludes recovery without government misfeasance, and dismissed all third-party claims against the government, along with any existing government claims against other parties.

Agent OrangeProduct LiabilityThird Party ActionIndemnityContributionFederal Tort Claims ActFeres DoctrineCausationMilitary VeteransClass Action Settlement
References
12
Case No. ADJ9755370
Regular
Aug 10, 2017

BERNARDINO GARDEA vs. CITY OF PASADENA

This case concerns the City of Pasadena's request for reconsideration of a Workers' Compensation Appeals Board (WCAB) decision regarding the applicant's occupational group number. The WCJ initially recommended dismissal of the reconsideration petition as untimely. However, the defendant has now requested leave to file a supplemental petition to address issues raised in the WCJ's report. The WCAB has granted the defendant's request to file this supplemental petition. The defendant is ordered to file the supplemental petition within 20 days, either by mail or via EAMS, to avoid rejection.

Workers' Compensation Appeals BoardSupplemental PetitionReconsiderationOccupational Group NumberAdministrative Law JudgePetition for ReconsiderationWCAB Rule 10848Electronic Adjudication Management SystemEAMSCity of Pasadena
References
0
Case No. 2021 NY Slip Op 01354
Regular Panel Decision
Mar 09, 2021

Deschaine v. Tricon Constr., LLC

The New York Appellate Division, First Department, affirmed an order which granted motions to renew filed by third-party plaintiffs Dollar Tree Stores, Inc., Michael Boyle, and Tricon Construction, LLC along with C.P. Plaza Limited Partnership. The motions sought to vacate a previous order that had dismissed their third-party claims for contribution and common-law indemnification against AMZ Construction Services, Inc. Upon renewal, these claims were reinstated. The court found that new expert reports submitted by the plaintiff, Robert Deschaine, raised a factual dispute regarding whether he sustained a 'grave injury' as defined by Workers' Compensation Law § 11, specifically brain injuries that rendered him unemployable in any capacity. This issue of fact justified the renewal and reinstatement of the third-party claims.

Appellate PracticeRenewal MotionSummary JudgmentContribution ClaimsIndemnification ClaimsGrave InjuryWorkers' Compensation LawBrain InjuriesUnemployabilityProcedural Law
References
2
Case No. MISSING
Regular Panel Decision

Verdi v. United States

This case addresses the application of pendent jurisdiction in a Federal Torts Claims Act (FTCA) case where a state common law claim is asserted against a party over whom there is no independent federal jurisdiction. Plaintiffs brought an action, including a claim against the Town of Huntington, following a slip and fall accident near a U.S. Post Office. The Town of Huntington moved to dismiss for lack of jurisdiction. The U.S. Magistrate recommended retaining jurisdiction, applying the doctrine of pendent-party jurisdiction. The District Court adopted this recommendation, concluding that pendent-party jurisdiction is appropriate in FTCA cases under these circumstances to ensure all claims can be tried in a single federal forum. Therefore, the Town of Huntington's motion to dismiss was denied, and its request for an interlocutory appeal was also denied.

Pendent JurisdictionFederal Tort Claims ActSlip and FallMotion to DismissPersonal InjuryFederal Court JurisdictionState Law ClaimsCommon Nucleus of Operative FactInterlocutory AppealJudicial Economy
References
27
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