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

Case No. 96-CV-3879, 96-CV-6310
Regular Panel Decision

Schuloff v. Queens College Foundation, Inc.

Plaintiff Anita Schuloff filed two separate lawsuits against Queens College Foundation, Inc. and Brooklyn College Foundation, Inc., which were consolidated due to identical legal issues. Schuloff alleged violations of 26 U.S.C. § 6104 for the defendants' failure to promptly provide federal tax returns for public inspection, along with claims under 42 U.S.C. § 1983 and New York Freedom of Information Law. The defendants moved to dismiss the complaints under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). The Court granted the motions to dismiss under Rule 12(b)(6), ruling that 26 U.S.C. § 6104 does not create a private cause of action, thus precluding the related § 1983 claims. Consequently, the Court declined supplemental jurisdiction over the state law claims, dismissing both complaints in their entirety.

Private Cause of ActionTax-Exempt Organizations26 U.S.C. § 610442 U.S.C. § 1983Rule 12(b)(6)Motion to DismissFederal JurisdictionStatutory InterpretationLegislative HistorySupplemental Jurisdiction
References
28
Case No. 03-18-00740-CV
Regular Panel Decision
Mar 06, 2020

Gerard Matzen// Marsha McLane, in Her Official Capacity as Director of Texas Civil Commitment Office, and the Texas Civil Commitment Office v. Marsha McLane, in Her Official Capacity as Director of Texas Civil Commitment Office, and the Texas Civil Commitment Office// Cross-Appellee, Gerard Matzen

Gerard Matzen appealed a district court's partial grant of Appellees' plea to the jurisdiction in his civil commitment case under the sexually violent predator (SVP) statute, challenging rulings on his APA, ultra vires, and immunity claims. The Texas Civil Commitment Office (TCCO) and its Director Marsha McLane cross-appealed the denial of their plea regarding Matzen's procedural due process and takings claims. The Court of Appeals affirmed the district court's order, finding Matzen's APA and ultra vires claims invalid and qualified immunity inapplicable. However, the court upheld the district court's denial of the plea concerning Matzen's procedural due process and takings claims, concluding they presented viable constitutional questions requiring further factual development.

Civil commitmentSexually Violent Predator ActPlea to the jurisdictionSovereign immunityUltra vires claimsAdministrative Procedure ActDue processTakings clauseCost recovery feesGovernment agency authority
References
65
Case No. MISSING
Regular Panel Decision

American Federation of Government Employees Local 1 v. Stone

Plaintiff Justin McCrary, a federal employee at the Transportation Security Administration (TSA), and the American Federation of Government Employees Local 1 (AFGE Local 1) sued the United States for alleged non-payment of his promised salary, citing violations of Fifth Amendment and contract rights under the Little Tucker Act. The Defendant filed a Motion to Dismiss based on Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). The Court first dismissed AFGE Local 1 as a party due to lack of representational standing. Subsequently, the Court addressed McCrary's claims, finding his constitutional claim for back pay preempted by the Civil Service Reform Act and unexhausted administratively, thus lacking subject matter jurisdiction. Furthermore, the Court determined McCrary had no protected property interest in a specific salary due to his conditional appointment and probationary status, and no actionable breach of contract claim as federal employees derive benefits from appointment, not contract. Consequently, the Defendant's Motion to Dismiss was granted, and the Plaintiffs' Complaint was dismissed with prejudice due to lack of subject matter jurisdiction and failure to state a claim.

Motion to DismissFederal JurisdictionSubject Matter JurisdictionRule 12(b)(1)Rule 12(b)(6)Fifth AmendmentDue ProcessLittle Tucker ActCivil Service Reform ActBreach of Contract
References
82
Case No. 2013-2706 Q C
Regular Panel Decision
Sep 19, 2016

NYS Acupuncture, P.C. v. State Farm Mut. Auto. Ins. Co.

This case, NYS Acupuncture, P.C. v State Farm Mut. Auto. Ins. Co., concerned an appeal from an order of the Civil Court of the City of New York, Queens County. The plaintiff, NYS Acupuncture, P.C., sought assigned first-party no-fault benefits from State Farm, which had moved for summary judgment arguing full payment according to the workers' compensation fee schedule. The Civil Court initially granted State Farm's motion. On appeal, NYS Acupuncture, P.C. contended that the fee schedule reductions were improper. The Appellate Term, Second Department, affirmed the prior ruling, finding that State Farm adequately demonstrated it had fully compensated the plaintiff for acupuncture services based on the applicable workers' compensation fee schedule for services performed by chiropractors, referencing Great Wall Acupuncture, P.C. v Geico Ins. Co.

Workers' Compensation Fee ScheduleNo-Fault BenefitsAcupuncture ServicesChiropractorsSummary JudgmentAppellate ReviewInsurance DisputeFee Schedule ReductionAssigned BenefitsMedical Billing
References
1
Case No. MISSING
Regular Panel Decision
Mar 26, 1998

In Re Bagel Bros. Bakery & Deli, Inc.

This order addresses whether Federal Rule of Bankruptcy Procedure 1014(b) imposes an automatic stay on proceedings in a subsequently-filed bankruptcy case. The case involves three Chapter 11 cases of Bagel Bros. Maple, Inc. and Bagel Bros. Deli & Bakery, Inc. in the Western District of New York, which are related to earlier Chapter 11 cases of MBC in the District of New Jersey. MBC filed a motion in New Jersey seeking to transfer venue and requested that the New York court automatically stay its proceedings based on Rule 1014(b). Bankruptcy Judge Michael J. Kaplan ruled that Rule 1014(b) does not constitute an automatic or self-executing stay upon the mere filing of a motion. Instead, a judicial determination and order from the first-filed court (District of New Jersey) are required to impose such a stay, ensuring that substantive rights are not abridged and allowing for judicial discretion in emergency matters. Therefore, the proceedings in the Western District of New York are not automatically stayed.

Bankruptcy ProcedureAutomatic StayFederal Rule of Bankruptcy Procedure 1014(b)Venue TransferChapter 11 ReorganizationInter-district BankruptcyJudicial InterventionSubstantive RightsFranchise AgreementsCash Collateral Disputes
References
12
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. W2012-00469-COA-R3-PT
Regular Panel Decision
Sep 17, 2012

In the Matter of: D.C., Jr., G.C., D.C., and H.C.

This case concerns the appeal of D.C., Sr. against the termination of his parental rights to his four children (D.C., Jr., G.C., D.C., and H.C.). The Tennessee Department of Children’s Services (DCS) removed the children due to neglect and abuse. The juvenile court terminated his parental rights on grounds of abandonment (failure to provide a suitable home), substantial noncompliance with the permanency plan, and persistent conditions. The Court of Appeals affirmed the termination, agreeing with the juvenile court on most grounds but reversing the finding on abandonment by failure to support, concluding that even minimal payments were token support and that the father ceased payments upon moving to Texas. The appellate court found overwhelming evidence that termination was in the children's best interest.

Parental Rights TerminationChild NeglectChild AbuseAbandonmentPermanency Plan NoncompliancePersistent ConditionsJuvenile Court AppealChild SupportBest Interest of ChildFoster Care
References
39
Case No. 07 Cv. 2014(SWK)
Regular Panel Decision

Standard Investment Chartered, Inc. v. National Ass'n of Securities Dealers, Inc.

The court addresses a motion for a protective order filed by defendants NASD and NYSE, seeking to prevent plaintiff Standard Investment Chartered, Inc. from disclosing documents obtained during expedited discovery. The opinion thoroughly analyzes the requirements for establishing 'good cause' under Federal Rule of Civil Procedure 26(c), considering common law and First Amendment presumptions of public access. It distinguishes between judicial and non-judicial documents based on their role in the litigation, specifically examining documents related to Rule 12(b)(1), 12(b)(6), and reconsideration motions. Finding the defendants' current justifications for confidentiality lacking in specificity, the court requests further, more detailed submissions to demonstrate good cause. Additionally, the court denies the plaintiff's request for a mandatory disclosure of documents to the SEC.

Protective OrderExpedited DiscoveryDocument DisclosureGood Cause StandardPublic AccessCommon Law PresumptionFirst Amendment PresumptionFederal Rule of Civil Procedure 26(c)Federal Rule of Civil Procedure 12(b)(1)Federal Rule of Civil Procedure 12(b)(6)
References
43
Case No. MISSING
Regular Panel Decision

McArthur v. Bell

Jeffrey C. McArthur, a pro se plaintiff and former Suffolk County police officer, filed suit under 42 U.S.C. § 1983, alleging a conspiracy to deprive him of due process during child support modification proceedings initiated by his ex-wife, Nancy Bell, in 1989. McArthur also brought pendent state claims for conspiracy, fraud, deceit, and abuse of process. Defendants include Nancy Bell, Joan Goldrick, SCDAC, County of Suffolk, J. Gary Waldvogel, Sidney Vann, and John Doe defendants. The defendants moved to dismiss the action under Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). The Court granted the defendants' motions, dismissing the case for lack of subject matter jurisdiction and for failure to state a claim by not demonstrating a deprivation of property without due process and insufficient allegations against state actors and for conspiracy.

Federal Civil RightsDue ProcessChild SupportConspiracyMotion to DismissSubject Matter JurisdictionDomestic Relations ExceptionRooker-Feldman DoctrineState ActionRule 12(b)(1)
References
31
Case No. 2014-1527 Q C
Regular Panel Decision
Dec 08, 2017

AVM Chiropractic, P.C. v. American Tr. Ins. Co.

This case concerns an appeal from an order of the Civil Court of the City of New York regarding assigned first-party no-fault benefits. Plaintiff, AVM Chiropractic, P.C., sought to recover benefits from American Transit Ins. Co. The Civil Court initially granted some branches of the defendant's motion for summary judgment and reduced claims based on a fee schedule defense. The Appellate Term modified the order, denying summary judgment for the defendant on specific causes of action (second, third, and sixth through eighth) and vacating findings on others (ninth and tenth). The court found that the defendant did not adequately demonstrate appropriate reductions in accordance with workers' compensation Ground Rules for several claims.

No-Fault BenefitsSummary JudgmentWorkers' Compensation Fee ScheduleAppellate ReviewInsurance ClaimsAssigneeFirst-Party BenefitsCivil ProcedureGround RulesNew York Law
References
1
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