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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

In re Currency Conversion Fee Antitrust Litigation

This Memorandum and Order addresses plaintiffs' motion for reconsideration of a prior decision concerning a class action alleging an antitrust price-fixing conspiracy by VISA, MasterCard, and their member banks related to foreign currency conversion fees. The Court denied the plaintiffs' motion for reconsideration, upholding its earlier finding that network defendants did not waive their right to arbitration because compelling arbitration would have been futile under then-existing law. Additionally, the Court denied reconsideration on several other procedural matters, including the creation of subclasses, membership of specific cardholder subclasses, representation of Diners Club and Providian cardholders, and a request for further discovery, citing the untimeliness of new arguments and the plaintiffs' failure to meet the burden of proof for class certification requirements.

Antitrust LitigationClass Action ProcedureArbitration AgreementsWaiver of ArbitrationEquitable EstoppelForeign Currency Conversion FeesReconsideration MotionSherman ActTruth in Lending ActDeceptive Trade Practices
References
43
Case No. MISSING
Regular Panel Decision
Nov 28, 2005

Evans v. P.C.I. Paper Conversions, Inc.

Plaintiff, who was employed by Contemporary Personnel Staffing, Inc. and placed at P.C.I. Paper Conversions, Inc. (PCI), sustained injuries while operating an offset machine. She subsequently initiated a negligence and products liability action against PCI. PCI sought summary judgment, contending that the plaintiff was its special employee, thereby barring the action under Workers’ Compensation Law §§11 and 29. The Supreme Court denied this motion, ruling that there was a triable issue of fact concerning an agreement between Contemporary Personnel Staffing, Inc. and PCI that might have restricted PCI from employing the plaintiff in that capacity. The appellate court affirmed the Supreme Court's decision, finding no error in the lower court's conclusion.

Personal InjuryNegligenceProducts LiabilityWorkers Compensation LawSpecial Employee DoctrineSummary JudgmentAppellate ReviewEmployer LiabilityTriable Issue of FactControl over Work
References
4
Case No. MISSING
Regular Panel Decision
Jun 09, 1983

Equitable General Insurance Co. of Texas v. Yates

Thomas Yates was initially awarded workers' compensation for injuries while employed by Schepps Dairy. Equitable General Insurance Company of Texas, the carrier, obtained a summary judgment against Yates on grounds of untimely claim filing. Yates' subsequent motion for a new trial was conditionally granted upon payment of $500 in attorney's fees to opposing counsel. After Yates filed an uncontested affidavit of inability to pay, the trial court denied the motion for new trial. The court of appeals reversed, and this court affirmed the court of appeals' judgment, ruling that while conditional grants of new trial are generally permissible, the trial court abused its discretion by denying the motion in the face of an uncontested affidavit of inability to pay the imposed monetary condition.

Summary JudgmentMotion for New TrialAttorney's FeesConditional GrantAbuse of DiscretionAffidavit of Inability to PayTexas Rules of Civil ProcedureWorkers' CompensationEquitable ConsiderationsAppellate Review
References
16
Case No. MISSING
Regular Panel Decision

Viviano v. Allard

This case involves a postjudgment application for equitable distribution of a class action settlement by a former wife against her former husband. The parties were divorced in 1984, with all known marital property having been distributed. The husband became a member of a class action lawsuit against Continental Can Company, where his employment was terminated prior to the divorce, leading to a substantial monetary settlement in 1990. The wife, learning of this settlement in 1992, filed for equitable distribution, arguing the proceeds constituted marital property. The Supreme Court ordered a hearing, finding that the settlement proceeds, if known at the time of divorce, would have been considered marital property. The appellate court affirmed this decision, citing unusual circumstances where an asset was unknown to both parties at the time of the divorce, thereby justifying an opportunity for the wife to litigate the issue. The court held that benefits earned during the marriage, even if realized post-divorce, could be subject to equitable distribution.

Divorce LawEquitable DistributionMarital PropertyClass Action SettlementPostjudgment ReliefRes Judicata ExceptionAppellate ReviewUnforeseen AssetsDeferred CompensationFamily Law
References
8
Case No. MISSING
Regular Panel Decision

Turner v. Turner

After a 30-year marriage, the plaintiff wife initiated a divorce action in August 1991, seeking equitable distribution of marital property. The Supreme Court's initial distribution, which allocated approximately 62% of assets to the defendant and 38% to the plaintiff without explanation, was appealed by the plaintiff for equal division. The appellate court concurred, mandating equal division of net rental income and marital residence proceeds. Furthermore, recognizing the significant disparity in their retirement plans and the plaintiff's limited contribution period, the court ruled she was entitled to an equitable share of the defendant's pension. The plaintiff was also granted reimbursement for a $4,410 Workers' Compensation award confiscated by the defendant without proper offset proof. The judgment was modified and the matter remitted for property redistribution and consideration of counsel fees.

Equitable DistributionMarital PropertyDivorceWorkers' CompensationPension DivisionRental IncomeSpousal SupportMarital AssetsReimbursementCounsel Fees
References
1
Case No. MISSING
Regular Panel Decision
Jan 06, 1989

Smith v. Smith

In this case, the Supreme Court, Westchester County, initially granted equitable distribution of State lottery winnings by allocating 85% to the defendant husband and 15% to the plaintiff wife. The parties were married in 1982, and the defendant won $13.5 million in the lottery in 1985 through a pool with co-workers. Although the wife regularly played the lottery, the husband rarely did. The court found the winnings to be marital property but awarded the wife only 15% based on the ticket being acquired solely through the husband's efforts. On appeal, the judgment was unanimously reversed, with the appellate court determining that a more equitable distribution would be an equal division of the lottery winnings, citing the parties' equal contributions to the marriage, their treatment of it as a partnership, and the fact that the winnings were their only significant asset.

Equitable DistributionLottery WinningsMarital PropertySpousal ContributionsDomestic Relations LawProperty DivisionAppellate ReviewMatrimonial AssetsFinancial AssetsDissolution of Marriage
References
7
Case No. MISSING
Regular Panel Decision

LM Business Associates, Inc. v. State

Defendant appealed a Court of Claims judgment that found them liable to claimants for conversion and negligent misrepresentation. The case stemmed from the seizure of claimants' computers during a fraud investigation into affiliated businesses, which resulted in the owner's conviction, though claimants were never charged. The seized computers, vital for claimants' businesses, were returned over two years later. The appellate court reversed the judgment, holding that defendant's seizure and retention of the computers were authorized by a valid search warrant, thus not constituting conversion. It further ruled that no 'privity-like relationship' existed between investigators and claimants to support a negligent misrepresentation claim. Lastly, the court dismissed the constitutional tort claim, noting claimants had adequate alternative remedies in other forums.

ConversionNegligent MisrepresentationSearch WarrantSeizure of PropertyState LiabilityAppellate ReviewConstitutional TortFraud InvestigationWorkers' Compensation LawCourt of Claims
References
22
Case No. MISSING
Regular Panel Decision
Feb 08, 2006

Auble v. Doyle

Plaintiffs initiated an action alleging breach of contract, conversion, unjust enrichment, and negligent misrepresentation against defendant Patrie Doyle. The dispute arose from health care insurance benefits paid to Doyle's former wife between 1997 and 2002, despite her ineligibility post-divorce in 1984. The Supreme Court's initial order, which granted parts of the plaintiffs' motion and denied Doyle's cross-motion for summary judgment, was appealed. The appellate court modified the order, denying parts of the plaintiffs' motion concerning breach of contract and negligent misrepresentation. It awarded plaintiffs $57.50 for conversion and granted Doyle's cross-motion to dismiss the unjust enrichment and negligent misrepresentation claims against him. The order, as modified, was affirmed.

breach of contractconversionunjust enrichmentnegligent misrepresentationsummary judgmenthealth care benefitsinsurance eligibilitymarital statusappellate reviewcredibility assessment
References
12
Case No. 2007 NY Slip Op 31662(U)
Regular Panel Decision
Jul 26, 2007

J Squared Software, LLC v. Bernette Knitware Corp.

The Supreme Court of New York County issued a judgment on July 26, 2007, affirming a prior order from June 18, 2007. This order had denied the plaintiff's motion for partial summary judgment on liability, granted the defendants' cross-motion for summary judgment dismissing the complaint in an action for conversion of a software program, and vacated a preliminary injunction. The appellate court unanimously affirmed this decision, holding that the plaintiff lacked a cause of action for conversion as the program was obtained under a valid contract and its return was never demanded. Consequently, the preliminary injunction was properly vacated upon the dismissal of the complaint.

conversionsoftware programsummary judgmentpreliminary injunctioncontract lawlicenseecause of actionappellate reviewjudgment affirmedcomplaint dismissal
References
2
Case No. MISSING
Regular Panel Decision

Dash v. Equitable Life Assur. Soc. of US

Kenneth Dash, a black employee, sued Equitable Life Assurance Society and Equicor-Equitable HCA Corp. for racial discrimination in employment under Title VII and 42 U.S.C. § 1981, alleging unfair job evaluations, denied promotion, and retaliatory discharge. Defendants moved for dismissal or summary judgment. The court, applying Patterson v. McLean Credit Union retroactively, dismissed claims of discriminatory job evaluations, discriminatory discharge, and retaliatory discharge under § 1981. However, the court denied the motion for summary judgment regarding the discriminatory denial of promotion claim, finding a question of fact as to whether the promotion to Team Leader constituted an opportunity for a "new and distinct" contractual relationship. The promotion claim will proceed to trial.

Racial DiscriminationEmployment DiscriminationTitle VIISection 1981Promotion DenialRetaliatory DischargeSummary JudgmentMotion to DismissPatterson v. McLean Credit UnionNew and Distinct Relation
References
36
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