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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
Dec 08, 1994

United States v. Taylor

Matthew Taylor, a co-founder of United Brooklyn (UB), was convicted of attempted extortion and extortion under the Hobbs Act at two construction sites where Flintlock Construction Company was the principal contractor. Taylor moved for a judgment of acquittal, arguing insufficient evidence linked him directly to extorting "money for a Coordinator and employment for members of United Brooklyn" as charged in Counts Twenty-Two and Twenty-Four. He also sought a new trial citing recanted testimony from a key witness, Andrew Weiss. The court denied both motions, concluding that the evidence, including Taylor's role as the de facto head of UB and his active involvement in its extortionate schemes, sufficiently supported the conviction under an aiding and abetting theory. The court found that the alleged recantation was not material and did not undermine the verdict, given the compelling evidence of Taylor's guilt in a "long and persistent scheme" of extortion.

Hobbs ActExtortionAttempted ExtortionConspiracyAiding and AbettingConstruction IndustryRacketeeringOrganized CrimeMotion for AcquittalMotion for New Trial
References
15
Case No. MISSING
Regular Panel Decision
Mar 27, 1985

United States v. $100 in United States Currency

The United States initiated an in rem forfeiture action against $100,000 in U.S. currency, alleging it originated from illegal drug transactions. Claimants Jose Martinez-Torres and Nancy Medina asserted the funds were legitimate lottery winnings. The government sought summary judgment, arguing issue preclusion from a prior Nebbia bail hearing where Medina's lottery claim was found incredible. The Court granted partial summary judgment for the government, establishing probable cause for forfeiture. However, it denied the application of offensive collateral estoppel for full summary judgment, citing the distinct procedural environment and limited scope of the Nebbia hearing, and ruled that claimants are entitled to a plenary trial to prove the legitimate source of the funds.

ForfeitureDrug Trafficking ProceedsCollateral EstoppelIssue PreclusionSummary JudgmentProbable CauseIn Rem ForfeitureBail HearingDue Process ConcernsPuerto Rican Lottery
References
8
Case No. MISSING
Regular Panel Decision

De Blasio v. United States

This action was brought under the Federal Tort Claims Act by Jean and Clifton DeBlasio against the United States for personal injuries sustained by Jean at the Gateway Sports Center. The plaintiffs alleged negligence due to protruding cement nodules on a sidewalk. The United States moved for summary judgment, asserting it could not be sued for the acts or omissions of its independent contractors. The court found that Shields and Dean Concessions, Inc., which operated the Sports Center, was an independent contractor and that the government lacked day-to-day supervisory control. Consequently, the Federal Tort Claims Act did not apply, and the motion for summary judgment was granted, finding the United States immune from suit.

Federal Tort Claims ActSovereign ImmunityIndependent ContractorSummary JudgmentPersonal InjuryNegligenceGovernment LiabilityConcessionaireNational Park ServiceControl Test
References
7
Case No. MISSING
Regular Panel Decision

Petrenko v. United States

Plaintiff John Petrenko filed a 42 U.S.C. § 1983 action against the United States, alleging civil rights violations including negligent beating, false arrest, and false imprisonment stemming from a 1988 incident with United States Park Police officers. Petrenko sought $10 million in damages. The Government moved for summary judgment, which the court granted. The court ruled that the United States is immune from § 1983 suits and that prior state court findings of probable cause precluded the false arrest and imprisonment claims. Petrenko's negligent beating claim was dismissed due to insufficient evidence, and his state claim for vehicle impoundment costs was also dismissed for lack of subject matter jurisdiction, as adequate state remedies exist.

42 U.S.C. § 1983Civil Rights ViolationFalse ArrestFalse ImprisonmentNegligent BeatingSummary JudgmentSovereign ImmunityCollateral EstoppelProbable CauseFederal Question Jurisdiction
References
18
Case No. MISSING
Regular Panel Decision

Strehle v. United States

Seaman Richard Frances Meyer died on a United States Navy vessel due to entrapment in ropes from a malfunctioning winch. His administratrix, Loretta Strehle, sued the United States under the Public Vessels Act, Jones Act, and Death on the High Seas Act, alleging negligence and unseaworthiness. The court found the United States liable, citing the uncorrected defects in the winches and their "deadman" safety feature. The court rejected the claim of Meyer's contributory negligence. Plaintiff was awarded $28,600 for loss of income to Meyer’s dependents (his four sisters) and $50,000 for Meyer's pain and suffering prior to death, totaling $78,600.

Admiralty LawJones ActDeath on the High Seas ActPublic Vessels ActMaritime NegligenceVessel UnseaworthinessWrongful DeathPain and SufferingLoss of SupportComparative Negligence
References
13
Case No. MISSING
Regular Panel Decision

De Luca v. United Nations Organization

A former United Nations security officer filed a lawsuit against the United Nations and eight of its officials, alleging breach of contract, forgery, negligence, civil rights violations, and denial of medical benefits. The plaintiff claimed the U.N. failed to reimburse him for 1988 taxes, issued a fraudulent final pay statement with a forged signature, and unlawfully denied him continued health insurance coverage after his resignation. The defendants moved to dismiss the complaint, asserting immunity under international and federal law. The court denied the plaintiff's motion for default judgment and granted the defendants' motion to dismiss the complaint in its entirety with prejudice, finding that the United Nations and its officials were immune from the action for acts performed in their official capacities.

ImmunityInternational OrganizationsUnited NationsDiplomatic ImmunitySovereign ImmunityBreach of ContractEmployment LawTax ReimbursementMedical BenefitsOfficial Capacity
References
10
Case No. MISSING
Regular Panel Decision

Rivera v. United States

Plaintiff Aracelie Rivera sued the United States under the Federal Tort Claims Act for personal injuries and property damage sustained on December 12, 2008. A United States Postal Service tractor-trailer struck her car while she was stopped at a red light in Manhattan. The court found the Postal driver negligent for failing to maintain a careful watch while backing up the large vehicle. Rivera was found to have met the 'serious injury' requirement of New York's no-fault statute, demonstrating significant limitations due to disc derangement and cord compression in her cervical spine. Despite a pre-existing condition from a 1996 accident, the court determined the 2008 accident caused a severe aggravation. The court awarded Rivera $250,000.00 for past and future pain and suffering.

Federal Tort Claims ActNegligenceAutomobile AccidentPersonal InjurySpinal Cord CompressionCervical Disc HerniationRadiculopathyMyelopathyMedical CausationPain and Suffering Damages
References
19
Case No. 81 C 2521
Regular Panel Decision
Dec 09, 1981

Mandaglio v. UNITED BROTH. OF CARPENTERS, ETC.

Plaintiffs Dominick Mandaglio and Charles Ferrera, former members of the United Brotherhood of Carpenters and Joiners of America, sued the union entities and several individuals after being removed from their positions and membership. They alleged violations of the Labor-Management Reporting Disclosure Act, 29 U.S.C. §§ 411(a) and 529, claiming procedural improprieties during internal union trials and a conspiracy among defendants. Defendants William Konyha and William Sidell, out-of-state residents, moved to dismiss the action against them for want of personal jurisdiction in New York. The court examined New York's long-arm statute, CPLR § 302(a)(2) and (3), to determine if jurisdiction could be established. Finding no prima facie factual showing of conspiracy or substantial New York contacts for Konyha and Sidell, the court granted their motion and dismissed them from the action.

Labor-Management Reporting Disclosure ActUnion MembershipRemoval from OfficePersonal JurisdictionConspiracyExtraterritorial JurisdictionNew York Long-Arm StatuteSummary DismissalDue ProcessInternal Union Procedures
References
8
Case No. MISSING
Regular Panel Decision

Essig v. United States

Plaintiffs Robert and Jacqueline Essig sued the United States under the Federal Tort Claims Act for personal injuries Robert sustained in a bicycle-vehicle collision involving a government vehicle. The vehicle was driven by Special Agent Edward P. Hamill of the DEA, who was intoxicated after leaving his office bar but was still on duty, attempting to arrange an undercover meeting. The collision occurred while Hamill was commuting in a government-issued vehicle, authorized for official use and home-to-office travel. The Court found the United States vicariously liable to the plaintiffs, concluding that Hamill was acting within the scope of his employment and using the vehicle with express permission. This liability was established under both New York's doctrine of respondeat superior and Vehicle and Traffic Law § 388(1), with a trial on damages still pending.

Federal Tort Claims ActVicarious LiabilityScope of EmploymentRespondeat SuperiorVehicle and Traffic LawGovernment LiabilityDEA AgentDrunk DrivingBicycle AccidentCommuting
References
14
Case No. MISSING
Regular Panel Decision

Krull v. United States

Michael Krull, an employee of JJJ Express Mail, sued the United States under the Federal Tort Claims Act for injuries sustained on October 17, 2007, while delivering mail to the Irving Post Office. Krull alleged negligence by the United States Postal Service (USPS) after renovations to the post office's rear door created a safety hazard. The new outward-opening door obstructed a steel plate on a hoist lift, forcing Krull to manually lift the heavy plate multiple times daily, which allegedly caused a lower back injury. The government moved for summary judgment, arguing Krull could not establish negligence and that his injury resulted from an ordinary hazard of employment. The court denied the government's motion, finding that lifting the steel plate was not part of Krull's regular duties and that USPS's alteration prevented him from performing his work as intended, thus raising a genuine issue of material fact regarding negligence.

Federal Tort Claims ActNegligenceSummary JudgmentLandowner DutyForeseeabilityPersonal InjuryWorkplace InjuryPostal ServiceHoist LiftDoor Renovation
References
15
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