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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

Wurlitzer Co. v. Electrokey, Inc.

This is a patent infringement case concerning electronic pianos. The plaintiff, Wurlitzer, sued Electrokey, Rhythm Band, Moore, Chicago Musical Instrument, and Nippon Columbia for infringing four patents: Miessner '363, Miessner '512, Andersen '053, and Bode '997. The court found that the defendants' electronic pianos infringed claims of the Miessner '363 and Miessner '512 patents. However, the court found no infringement of the Andersen '053 patent and declared the Bode '997 patent invalid for lack of novelty. An injunction was granted against further infringement of the two Miessner patents, and the infringement by Nippon Columbia was deemed willful, laying a predicate for increased damages.

Patent InfringementElectronic PianoMusical InstrumentsPatent ValidityWillful InfringementInjunctionDamagesPatent LawMiessner PatentAndersen Patent
References
12
Case No. 2022-02-0435
Regular Panel Decision
Jun 05, 2024

Dingus, Gary v. GRAND PIANO AND FURNITURE COMPANY

Gary Dingus, an employee of Grand Piano and Furniture Company, suffered significant injuries after falling approximately 20 feet from a forklift. Grand Piano denied the claim, asserting Dingus willfully failed to use a safety device by not properly tethering himself. The Court, however, found that Dingus's injuries arose primarily out of and in the course and scope of his employment, rejecting Grand Piano's defense. The Court credited Mr. Dingus's testimony that he believed he was tethered and that the device may have loosened. As a result, the Court ordered Grand Piano to provide medical benefits, pay for past medical expenses, and provide temporary total and permanent partial disability benefits to Mr. Dingus.

Workers' CompensationForklift AccidentSafety DeviceWillful MisconductFall from HeightBack InjuryLeg FractureMedical BenefitsTemporary DisabilityPermanent Partial Disability
References
4
Case No. MISSING
Regular Panel Decision

NAS Electronics, Inc. v. Transtech Electronics PTE Ltd.

The plaintiffs, NAS Electronics, Inc., Jerry Choe, and Pil Yon Choe, initiated an action in New York State Supreme Court against Transtech Electronics Pte Ltd., NAS-Transtech Technology Ltd., and four individuals, alleging fraud, breach of contract, tortious interference, slander, and seeking a preliminary injunction. This lawsuit arose from a previous settlement agreement where the plaintiffs owed the defendants $3.2 million due to the plaintiffs' failure to make timely payments and transfer patent rights. The case was subsequently removed to the Southern District of New York. Presiding District Judge Koeltl granted the defendants' motion for summary judgment and dismissal on all claims. The fraud claim was barred by res judicata and collateral estoppel, the breach of contract claim failed due to the plaintiffs' own material breach, and the tortious interference, slander, and preliminary injunction claims were deemed unsupportable or moot. The court also denied the plaintiffs' cross-motions for partial summary judgment, leave to amend the complaint, and to reopen discovery.

Summary JudgmentContract LawFraud ClaimRes JudicataCollateral EstoppelBreach of ContractTortious InterferenceSlander ClaimPreliminary InjunctionFederal Civil Procedure
References
67
Case No. W2013-01817-COA-R3-CV
Regular Panel Decision
Feb 28, 2014

Lataynia Jones v. Sharp Electronics Corporation

Plaintiff Lataynia Jones filed an action against Sharp Electronics Corporation alleging retaliation and interference under the Tennessee Disabilities Act (TDA). The trial court granted summary judgment in favor of Sharp, finding that the TDA does not mandate 'reasonable accommodations' as sought by Jones in the form of extended leave. Jones appealed this decision to the Court of Appeals of Tennessee at Jackson. The appellate court affirmed the trial court's summary judgment, reiterating that unlike federal law, the TDA does not impose a duty on employers to provide reasonable accommodations, and that Jones's disability prevented her from performing her job duties without additional leave time beyond what was provided by the FMLA and CBA.

Disability DiscriminationTennessee Disability Act (TDA)Family and Medical Leave Act (FMLA)Summary Judgment AffirmationEmployment TerminationReasonable AccommodationAppellate Court DecisionShelby County Circuit CourtDepression and Bipolar DisorderCollective Bargaining Agreement (CBA)
References
12
Case No. MISSING
Regular Panel Decision
Feb 22, 2005

Canino v. Electronic Technologies Co.

Plaintiff, an electrician employed by Electronic Technologies Company (ETC), sustained injuries after falling from an A-frame ladder while installing security equipment at a facility owned by International Business Machines Corporation (IBM). Plaintiff subsequently initiated legal action against both ETC and IBM, alleging multiple violations of Labor Law sections 200, 240 (1), and 241 (6). The plaintiff moved for partial summary judgment against IBM concerning liability under Labor Law section 240 (1), while the defendants filed a cross-motion requesting the dismissal of the entire complaint. The Supreme Court denied both parties' motions for summary judgment, leading to these cross-appeals. The appellate court affirmed the Supreme Court's decision, citing unresolved questions of fact regarding the adequacy of the safety device provided and whether the plaintiff's actions were the sole proximate cause of the accident, thus preventing summary judgment for either side.

Labor Law Section 240(1)Workplace AccidentLadder SafetySummary Judgment MotionCross AppealsQuestion of FactProximate CauseConstruction Site InjuryEmployer LiabilityPremises Owner Liability
References
7
Case No. MISSING
Regular Panel Decision

MEMC Electronic Materials, Inc. v. Albemarle Corp.

This case involves an appeal by MEMC Electronic Materials and MEMC Pasadena (collectively MEMC) challenging a trial court's order. The order granted partial summary judgment to Albemarle Corporation and denied MEMC's cross-motion for partial summary judgment. Albemarle sought indemnification from MEMC for payments made to Ethyl Corporation, which had indemnified Ethyl for claims arising from a plant fire. MEMC argued that their Asset Purchase Agreement (APA) with Albemarle did not obligate them to indemnify Albemarle for this specific liability, citing clauses concerning assumed obligations, non-disclosure of the Ethyl-Albemarle indemnity agreement, and the timing of the liability's origin. The court analyzed Sections 3.4, 4.16, and 7.4 of the APA, ultimately concluding that MEMC had not assumed the obligation for the Ethyl-Albemarle indemnity agreement. It found that the payment made by Albemarle to Ethyl arose from a prior contractual relationship, not from operations of the plant on or after the closing date of the APA between MEMC and Albemarle. Consequently, the appellate court reversed the trial court's judgment and rendered judgment in favor of MEMC.

Contract InterpretationIndemnification AgreementAsset Purchase AgreementSummary JudgmentTexas LawVirginia LawCorporate LiabilityPre-existing ContractsPost-closing OperationsAffiliate Agreements
References
16
Case No. MISSING
Regular Panel Decision
Jan 19, 1994

Whirlpool Corp. v. Philips Electronics, N.V.

This case involves Whirlpool Corporation seeking to confirm a foreign arbitral award against Philips Electronics N.V., while Philips moved to dismiss or stay the action pending further arbitration. The dispute arose from a joint venture and subsequent acquisition of Philips' Argentine MDA operations by Whirlpool, specifically concerning the revaluation of fixed assets and the applicable accounting policies under their Reorganization and Purchase Agreement (RPA) and Amendment No. 1. An initial arbitration before Arthur Andersen & Co. ruled in favor of Whirlpool, determining that Schedule G of the RPA, which limited asset revaluation, applied despite Philips' arguments for a different "Schedule G (Argentina)." The court, presided over by District Judge Sweet, affirmed Andersen's jurisdiction and the validity of its binding award. Consequently, Whirlpool's motion to confirm the foreign arbitral award was granted, and Philips' motion to dismiss or stay the action was denied.

Arbitral Award ConfirmationForeign ArbitrationContract DisputeAccounting PoliciesAsset ValuationJoint VentureCorporate AcquisitionFederal Arbitration ActDispute ResolutionJudicial Review of Arbitration
References
20
Case No. 2024-20-7977
Regular Panel Decision
Aug 27, 2025

Richardson, Rickey v. The Mapes Piano String Company

The employee, Rickey Richardson, appealed the dismissal of his claim regarding an injury from April 13, 2020. His initial claim was dismissed with prejudice in October 2022 after he repeatedly failed to attend a medical examination requested by the employer, The Mapes Piano String Company. He later filed a second Petition for Benefit Determination (PBD) in December 2024, alleging the same injuries. The trial court dismissed this second PBD based on res judicata, and the Appeals Board affirmed this decision, certifying the order as final.

Res JudicataClaim PreclusionWorkers' CompensationPetition for Benefit DeterminationDismissal with PrejudiceFailure to ComplyMedical ExaminationPro Se LitigantUntimely AppealAppellate Procedure
References
5
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Rochester Independent Workers & General Dynamics/Electronics Division

This case involves a motion by the Rochester Independent Workers, Local No. 1 (Union) to compel arbitration against General Dynamics/Electronics Division (Company). The grievance concerned a reduction in force, lay-offs, and the transfer of work out of the bargaining unit. The Union claimed violations of the Recognition and Management Rights articles of their collective bargaining agreement. The Company argued that its right to subcontract and assign work was an exclusive management prerogative explicitly excluded from arbitration by the agreement. The court, referencing Federal precedents, determined that the agreement's language clearly excluded such matters from arbitration and, therefore, denied the Union's motion to compel arbitration.

arbitrationlabor disputecollective bargaining agreementsubcontractingmanagement rightsgrievance procedurelay-offunionfederal court decisionscontract interpretation
References
10
Case No. MISSING
Regular Panel Decision

Local 323 v. International Union of Electronic, Electrical, Salaried, MacHine & Furniture Workers

Plaintiffs, Local 323 and its officers, initiated a lawsuit against the International Union of Electronic, Electrical, Salaried, Machine and Furniture Workers (IUE). They alleged that the IUE unlawfully denied Local 323's right to disaffiliate, claiming the IUE amended its constitution to obstruct disaffiliation and breached its own rules in denying their application. Plaintiffs sought judicial enforcement of disaffiliation, retention of assets, an injunction, and damages. The defendant moved to dismiss the complaint, asserting various defenses, including the plaintiffs' failure to exhaust internal union remedies. The court ultimately granted the defendant's motion, concluding that Local 323 had not exhausted its available administrative remedies within the union, a prerequisite for pursuing the claims in federal court, given the internal nature of the dispute.

Union DisaffiliationLabor LawLMRALMRDAExhaustion of Administrative RemediesInternal Union DisputeMotion to DismissBreach of ContractFederal Court JurisdictionUnion Constitution
References
14
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