CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. MISSING
Regular Panel Decision

Friedar v. Government of Israel

Samuel Friedar, a New York citizen, sued the Government of Israel and its branches for failing to compensate him for medical costs and expenses incurred after being injured while serving in the Israeli Army in 1948. Friedar alleged breach of contract, intentional withholding of information, negligent loss of files, and wrongful conversion of funds. The Government moved to dismiss, claiming sovereign immunity under 28 U.S.C. § 1604 and that the action was barred by the Act of State doctrine. The Court found that the Government was entitled to sovereign immunity, rejecting Friedar's arguments for exceptions based on waiver or commercial activity. Furthermore, even if jurisdiction existed, the Court would dismiss the case under the Act of State doctrine, citing the impropriety of reviewing a foreign state's internal administrative activity, especially regarding military and veterans' benefits. The Government’s motion to dismiss was granted.

Sovereign ImmunityAct of State DoctrineMotion to DismissForeign Sovereign Immunities ActFSIAGovernmental ImmunityCommercial Activity ExceptionVeterans' BenefitsJurisdictionInternational Law
References
13
Case No. MISSING
Regular Panel Decision

Federal Insurance v. Watnick

Jay and Marianna Watnick, New York residents, were severely injured in a car accident in Quebec with Jay Anderson. They were insured by Federal Insurance Company under a policy with uninsured and underinsured motorist endorsements. After seeking limited compensation from Quebec's Régie, Federal denied their claims, arguing Anderson's vehicle was neither uninsured nor underinsured, and sought to stay arbitration. The Supreme Court granted Federal's application to stay both claims, but the Appellate Division reversed the stay for the underinsured claim. The Court of Appeals agreed that Anderson's vehicle was not uninsured. However, it disagreed with the Appellate Division on the underinsured claim, ruling that the Watnicks had not exhausted by payment the limits of all applicable bodily insurance policies as required by statute and their policy. Consequently, the Court modified the Appellate Division's order, granting Federal's application to permanently stay arbitration of the underinsured motorist claim, thereby reinstating the Supreme Court's original decision to stay both claims.

Underinsured Motorist CoverageUninsured Motorist EndorsementCar AccidentQuebec Automobile Insurance ActExhaustion of Policy LimitsInsurance LawVehicle and Traffic LawArbitration StayNew York Insurance PolicyInter-jurisdictional Accident
References
3
Case No. 16 NY3d 706
Regular Panel Decision
Dec 13, 2011

Federal Insurance v. International Business MacHines Corp.

Federal Insurance Company (Federal) sought a declaration that its excess insurance policy did not cover attorneys' fees paid by International Business Machines Corporation and the IBM Personal Pension Plan (collectively, IBM) in a class action lawsuit (*Cooper v IBM Personal Pension Plan*). The *Cooper* action alleged violations of ERISA pertaining to age discrimination. IBM sought reimbursement from Federal after exhausting an underlying Zurich policy. The core dispute revolved around whether the disputed language in Federal's "follow form" policy extended coverage to IBM's actions as a plan settlor, which are not considered fiduciary acts under ERISA. The Supreme Court initially denied Federal's motion, but the Appellate Division reversed, granting summary judgment to Federal. The New York Court of Appeals affirmed the Appellate Division's decision, holding that the policy's plain language limited coverage to acts of an insured undertaken in its capacity as an ERISA fiduciary, which IBM was not in this instance.

Insurance Policy InterpretationERISAFiduciary DutyExcess InsuranceSummary JudgmentPlan SettlorEmployee Benefit PlansContract LawPolicy CoverageAge Discrimination
References
18
Case No. MISSING
Regular Panel Decision

FSI Group v. First Federal Savings & Loan Ass'n

Plaintiff FSI, a New York limited partnership, filed a complaint against defendant First Federal Savings and Loan Association, based in South Dakota, alleging repudiation and breach of a standby agreement to purchase Government National Mortgage Association (GNMA) securities. The defendant moved to dismiss the complaint for lack of personal jurisdiction and improper venue. The court, presided over by Judge Motley, denied the defendant's motion, finding that personal jurisdiction was established under New York CPLR § 301 and § 302(a)(1) due to the defendant's purposeful business transactions within New York through agents. Furthermore, the court determined that venue was proper in the Southern District of New York, considering the limited partnership's principal place of business as its residence for venue purposes, distinct from its individual partners.

Personal JurisdictionImproper VenueLimited PartnershipBreach of ContractStandby AgreementGNMA SecuritiesMinimum ContactsDue ProcessAgent ActivityPurposeful Availment
References
11
Case No. 2024 NY Slip Op 06182
Regular Panel Decision
Dec 11, 2024

Camille v. Federation of Prot. Welfare Agencies, Inc.

The plaintiff, Marvens Camille, appealed an order from the Supreme Court, Kings County. The Supreme Court had granted the defendant Federation of Protestant Welfare Agencies, Inc.'s motions to extend time to answer and to dismiss the complaint, while denying the plaintiff's cross-motion for a default judgment. Camille had sued under the Child Victims Act, alleging abuse in 2002 by a staff member of Learner's Haven, which he claimed was supervised by the Federation. The Appellate Division affirmed the Supreme Court's order, finding that the Federation provided a reasonable excuse for its delay and demonstrated a meritorious defense, conclusively establishing that the plaintiff had no cause of action against it.

Personal InjuryChild Victims ActDefault JudgmentMotion to DismissReasonable ExcuseMeritorious DefenseAppellate ReviewCPLRVicarious LiabilityOrganizational Responsibility
References
15
Case No. MISSING
Regular Panel Decision

Humphrey v. Council of Jewish Federations

Tyrone Humphrey sued his former employer, Council of Jewish Federations, Inc., alleging racial discrimination under Title VII of the Civil Rights Act and 42 U.S.C. § 1981. Humphrey claimed experiences of retrenchment, demotion, a racially hostile environment, denial of leave, unequal pay, negative performance evaluations, and retaliatory termination. The defendant moved to dismiss, citing untimely EEOC filings, unincluded claims, mootness, and statute of limitations. The court found Humphrey's EEOC filings timely due to a worksharing agreement and his hostile environment claim reasonably related. The court also ruled § 1981 claims were timely and prior arbitration did not preclude federal civil rights claims, ultimately denying the motion to dismiss in its entirety.

Racial DiscriminationTitle VIISection 1981Motion to DismissTimeliness of ClaimsEEOC Worksharing AgreementStatute of LimitationsArbitration PreclusionHostile Work EnvironmentRetaliation
References
24
Case No. MISSING
Regular Panel Decision

Commer v. American Federation of State, County & Municipal Employees

Roy Commer, a pro se plaintiff, sued the American Federation of State, County and Municipal Employees (AFSCME) alleging violations of federal labor laws, specifically LMRDA §§ 101(a)(2) and 501, LMRA § 301, and 29 U.S.C. § 158, seeking reinstatement as president of Local 375 and substantial damages. AFSCME moved to dismiss all claims and requested sanctions. The court granted the motion to dismiss, finding that the LMRDA § 501 claim against AFSCME was not cognizable under the statute and that the claim against John/Jane Does lacked jurisdiction. The LMRA § 301 claim was dismissed due to collateral estoppel and failure to allege a specific contract breach. The LMRDA § 101 claim was dismissed administratively due to a pending identical prior action. Lastly, the 29 U.S.C. § 158 claim was found to be preempted by the National Labor Relations Act. The court, however, denied AFSCME's motion for sanctions against Commer, citing his pro se status while issuing a warning against future re-litigation of already dismissed claims.

Federal Labor LawLabor Management Reporting and Disclosure ActLabor Management Relations ActNational Labor Relations ActMotion to Dismiss GrantedSanctions DeniedCollateral EstoppelPreemption DoctrinePro Se LitigationUnion Officer Removal
References
43
Case No. 79 Civ. 5379
Regular Panel Decision
Jul 15, 1980

Ninth Fed. Sav. & L. v. First Fed. Sav. & L.

This action arises from an agreement between Ninth Federal Savings and Loan Association of New York City and First Federal Savings and Loan Association of Gadsden County for the purchase of treasury securities. Ninth Federal alleged that First Federal's Controller, Henry Burnett, did not intend to honor the agreement if market conditions were unfavorable, stating a claim under the Securities and Exchange Act. The court addresses First Federal's challenge to personal jurisdiction over pendent state law breach of contract claims and Burnett's motion to transfer the case. The court affirms its jurisdiction over the state claims based on pendent jurisdiction and grants the motion to transfer the case to the United States District Court for the Northern District of Florida for convenience.

Securities FraudBreach of ContractPendent JurisdictionPersonal JurisdictionMotion to TransferForum Non ConveniensExtraterritorial ServiceSecurities Exchange ActRule 10b-5Long Arm Statute
References
16
Case No. MISSING
Regular Panel Decision

Yarter v. General Electric Co.

General Electric (GE) moved for summary judgment, asserting federal preemption of New York State Labor Law, lack of owner/general contractor status, and the exclusivity of the Workers’ Compensation Law as a remedy. The court rejected the Workers’ Compensation Law argument, noting the Federal Government's exclusion from its definition of employer and GE's lack of direct employment relationship with the plaintiff. It further found no federal preemption, clarifying that while federal statutes allowed the government to delegate safety responsibilities, GE lacked such inherent authority to divest itself of state-imposed nondelegable duties. Lastly, the court distinguished GE's role from a subcontractor in a previous case, confirming GE's privity with the plaintiff's employer and some control over the work, thus affirming its liability under Labor Law. Consequently, the motion for summary judgment was denied.

Summary JudgmentFederal PreemptionNew York Labor LawWorkers' Compensation LawGeneral Contractor LiabilitySubcontractor EmployeeNondelegable DutySite SafetyOwner LiabilityNuclear Facility
References
5
Case No. MISSING
Regular Panel Decision

Sulewski v. Federal Express Corp.

A cargo plane crashed in Malaysia in 1989, resulting in the death of aircraft mechanic Leonard Sulewski. The plaintiff initiated a wrongful death action against Federal Express Corporation, successor to Flying Tiger Line, alleging liability under the Warsaw Convention and common law negligence. The central legal question revolved around whether Sulewski was traveling as a passenger or an on-duty employee at the time of the crash. Both parties filed motions for summary judgment, presenting arguments regarding Sulewski's employment status and the applicability of the Convention. The court found no genuine dispute of material fact, concluding that Sulewski was an on-duty employee, not a passenger, and therefore the Warsaw Convention did not apply. The defendant's motion for summary judgment was granted.

Wrongful DeathWarsaw ConventionSummary JudgmentAirline LiabilityEmployee StatusPassenger StatusInternational TransportationAircraft MechanicScope of EmploymentFederal Rules of Civil Procedure
References
13
Showing 1-10 of 2,354 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational