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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

Volt Technical Services Corp. v. Immigration & Naturalization Service

Plaintiff Volt Technical Services Corp. applied for H-2 visas for nuclear start-up technicians, which the Immigration and Naturalization Service (INS) denied, asserting the need was permanent, not temporary. After the denial was affirmed on appeal, Volt filed suit, alleging the INS's decision was arbitrary and capricious. The court upheld the INS's interpretation of the Immigration and Nationality Act § 101(a)(15)(H)(ii), which requires the employer's need for services to be temporary, not just the individual assignments. Finding that Volt demonstrated a recurring need for such technicians over several years, the court granted the INS's motion for judgment on the pleadings and denied Volt's.

Immigration LawH-2 visasNonimmigrant WorkersTemporary EmploymentImmigration and Nationality ActAdministrative Procedures ActDeclaratory Judgment ActAgency InterpretationJudicial ReviewNuclear Industry
References
5
Case No. MISSING
Regular Panel Decision

Americredit Financial Services, Inc. v. Oxford Management Services

AmeriCredit Financial Services, Inc. (AmeriCredit) commenced an action to confirm an arbitration award against Oxford Management Services (OMS). OMS cross-moved to vacate the award, alleging the arbitrator exceeded his powers by dismissing a counterclaim and manifestly disregarded the law. The arbitrator had dismissed OMS's counterclaim for spoilation of evidence. The Court affirmed the arbitrator's decision, finding he did not exceed his authority under the RSA by dismissing the counterclaim or by interpreting the contract terms regarding account termination. The Court also found no manifest disregard for the law, concluding the arbitrator's decision was rationally supported by the record. Consequently, AmeriCredit's motion to confirm the award was granted, and OMS's motion to vacate was denied.

Arbitration Award ConfirmationArbitration Award VacaturFederal Arbitration ActManifest Disregard of LawArbitrator PowersSpoilation of EvidenceContract InterpretationCollection Agency DisputeSummary ProceedingJudicial Review of Arbitration
References
41
Case No. MISSING
Regular Panel Decision

Angwin v. SRF Partnership, L. P.

Wells Fargo Alarm Services, Inc., the defendant third-party plaintiff, appealed an order from the Supreme Court, Queens County, which granted summary judgment to Kinray, Inc., the third-party defendant, and denied Wells Fargo's cross-motion for contractual indemnification. The dispute arose after Katherine Angwin, a Kinray employee, was injured by a magnetic lock from an alarm system installed by Wells Fargo under an agreement with Kinray. Wells Fargo sought common-law and contractual indemnification from Kinray, but the Supreme Court dismissed the claims. The appellate court affirmed the decision, concluding that Angwin's injuries did not meet the "grave injury" threshold under Workers' Compensation Law § 11 for common-law indemnification. Furthermore, the court found the contractual indemnification clause did not cover the specific claim and, even if it did, it would be unenforceable under General Obligations Law § 5-323.

Contractual IndemnificationCommon-Law IndemnificationSummary JudgmentWorkers' Compensation LawGrave InjuryPersonal InjuryThird-Party ActionAlarm SystemNegligent InstallationGeneral Obligations Law
References
7
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Wells Fargo Armored Service Corp. & Office & Professional Employees International Union, Local No. 153

This case concerns an appeal by Office and Professional Employees International Union, Local No. 153, against Wells Fargo, seeking to compel arbitration after Wells Fargo discharged an employee. The dispute arose when Wells Fargo refused arbitration, citing the union's alleged non-compliance with preliminary grievance steps, which Special Term deemed a condition precedent to arbitration. The appellate court reversed this decision. It clarified that in labor-management agreements, unlike commercial arbitrations, compliance with grievance procedures constitutes procedural arbitrability, a matter for the arbitrator, not the court, to decide. Citing Federal law and the specific language of the collective bargaining agreement, the court denied Wells Fargo's request for a permanent stay and granted the union's motion to compel arbitration.

ArbitrationLabor DisputeCollective Bargaining AgreementProcedural ArbitrabilityConditions PrecedentFederal LawGrievance ProcedureStay of ArbitrationCompel ArbitrationUnion
References
7
Case No. 15-10243; 15-12329
Regular Panel Decision
Mar 08, 2019

Corporate Res. Servs., Inc. v. Wells Fargo Bank, N.A. (In re TS Emp't, Inc.)

James S. Feltman, the Chapter 11 Trustee for TS Employment, Inc. (TSE) and Corporate Resource Services, Inc. (CRS) Debtors, initiated an adversary proceeding against Wells Fargo, N.A. and Wells Fargo Financial Leasing, Inc. The Trustee sought to recover various transfers made to Wells Fargo, including $4.1 million in fees, a $2.5 million payroll overdraft, post-petition bank charges totaling $439,710.58, and a $240,220.26 WFFL copier lease payment, based on theories of constructive fraudulent transfer and preference. The Court found in favor of the Trustee for the $4.1 million in fees and the $439,710.58 in post-petition bank charges, deeming them excessive, punitive, or in violation of the automatic stay. However, the Trustee's claims regarding the $2.5 million payroll overdraft and the WFFL copier lease payment were denied. The Court also ordered an accounting for reimbursed legal fees to determine the recoverable portion.

BankruptcyFraudulent TransferPreferenceAutomatic StayDebtor and Creditor LawChapter 11Receivables FinancingCash ManagementIndemnificationLegal Fees
References
46
Case No. MISSING
Regular Panel Decision

Cox v. Don's Welding Service, Inc.

A construction worker, John J. Stachera, died on April 17, 1972, after being struck by a defective metal boom. His estate sued Don's Welding Service, Inc. for negligence, breach of warranty, and wrongful death, alleging the boom was improperly welded. The trial court dismissed the plaintiff's complaint at the close of proof, as well as Don's Welding Service's cross-claim against the third-party defendant, Depew Paving Co., Inc. The appellate court reversed the judgment, concluding that sufficient circumstantial evidence existed, especially given the lower burden of proof in wrongful death actions, to withstand a motion to dismiss under CPLR 4401. Consequently, a new trial was granted for the plaintiff.

Wrongful deathNegligenceBreach of warrantyConstruction accidentDefective weldingCircumstantial evidenceCPLR 4401Prima facie evidenceBurden of proofAppellate review
References
4
Case No. MISSING
Regular Panel Decision

Fraternal Order of Police, National Labor Council, USPS No. 2 v. United States Postal Service

The Fraternal Order of Police (FOP) and 13 individual Postal Police Officers sued the United States Postal Service and its employees, alleging violations of federal and state law, as well as their employment contract. Plaintiffs challenged restrictions on their law enforcement authority, citing 40 U.S.C. § 318, and also claimed illegal locker searches under the Fourth Amendment and New York law. The defendants sought dismissal, primarily arguing a lack of subject matter jurisdiction and the plaintiffs' failure to exhaust administrative remedies. The court granted the defendants' motion, dismissing the claims. It ruled that Section 318 does not confer a private right of action and that the plaintiffs failed to exhaust the grievance procedures outlined in their collective bargaining agreement and the Postal Reorganization Act for their search and contract-related claims.

Labor LawPostal ServicePolice PowersFourth AmendmentLocker SearchCollective Bargaining AgreementExhaustion of RemediesPrivate Right of ActionSubject Matter JurisdictionMotion to Dismiss
References
51
Case No. MISSING
Regular Panel Decision

Nassau Chapter of Civil Service Employees Ass'n v. County of Nassau

This case involves an appeal concerning the commencement of county service for employees initially hired under the Comprehensive Employment and Training Act (CETA) for purposes of a collective bargaining agreement between the Nassau Chapter of the Civil Service Employees Association, Inc. (plaintiff) and the County of Nassau (defendant). The plaintiff sought to include CETA employment prior to December 31, 1976, as commencement of county service under 'Plan A' of the agreement. The defendant appealed a Supreme Court judgment that had initially granted this relief. The appellate court reversed the judgment, holding that CETA employment, despite county supervision, should not be considered the commencement of county service for employment agreement purposes due to its temporary nature. The court concluded that service should only be deemed to begin when a position is obtained under Civil Service Law procedures. Consequently, CETA employees hired by the county after December 31, 1976, are excluded from Plan A, regardless of prior CETA service.

CETA EmploymentCivil Service LawCollective Bargaining AgreementCounty Service CommencementTemporary EmploymentIncremental Salary PlanPublic Sector EmploymentEmployee Benefits EligibilityAppellate DivisionNassau County
References
4
Case No. 01CV6456 (ADS)(ARL)
Regular Panel Decision
Aug 23, 2002

Arena v. DEPARTMENT OF SOCIAL SERVICES OF NASSAU

Glen Arena, a pro se plaintiff, filed a civil rights lawsuit under 42 U.S.C. § 1983 against the Department of Social Services of Nassau County, its employees, a Family Court Justice, and attorneys. Arena alleged violations of his due process and equal protection rights stemming from state Family Court proceedings regarding the custody and visitation of his son. The United States District Court for the Eastern District of New York dismissed counts one, two, and three based on the Rooker-Feldman doctrine and the Younger abstention doctrine, citing a lack of federal court jurisdiction to review state court judgments. Additionally, the court granted Judge Richard S. Lawrence absolute judicial immunity and dismissed all claims against him. Claims against defendant Edward Emanuele, a law guardian, were dismissed because he was not a state actor for purposes of Section 1983, and conspiracy allegations against him were found to be vague. The case was closed against most defendants, leaving only Genna Currie.

Civil RightsDue ProcessEqual ProtectionRooker-Feldman DoctrineYounger Abstention DoctrineJudicial ImmunityState ActorFamily LawChild CustodyVisitation Rights
References
69
Case No. MISSING
Regular Panel Decision

Fickling v. New York State Department of Civil Service

This case involves a lawsuit brought by eight plaintiffs, primarily African-American and Hispanic former employees, against the New York State Department of Civil Service and Westchester County Department of Social Services. Plaintiffs alleged that their termination as Welfare Eligibility Examiners, due to failing competitive examinations, was unlawful under Title VII of the Civil Rights Act and the New York State Executive Law § 296. They claimed the examination had a racially disparate impact and lacked content validity, failing to serve the defendants' employment goal of fair competition. The court found that the examinations indeed had a disparate impact on African-Americans and Hispanics and that the defendants failed to provide credible evidence that the tests served a legitimate business goal. Therefore, the court ruled in favor of the plaintiffs.

Employment DiscriminationTitle VII Civil Rights ActDisparate ImpactCivil Service ExaminationsContent ValidityJob AnalysisRacial DiscriminationHispanic DiscriminationWelfare Eligibility ExaminersNew York State Law
References
8
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