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

Case No. 01cv5694
Regular Panel Decision

Mazzei v. Money Store

Plaintiff Joseph Mazzei initiated a class action against The Money Store and related entities, alleging breach of contract for improperly charged mortgage late fees and attorney fee-splitting. The case involved two certified classes: a "Post Acceleration Late Fee Class" and a "Fee Split Class," with a jury finding for Mazzei and the Late Fee Class on late fees but for defendants on the fee-splitting claim. The plaintiff's motion for a new trial regarding the fee-splitting claim was denied, as the court found the jury's verdict was not seriously erroneous. The defendants successfully moved to decertify the Late Fee Class and were granted judgment as a matter of law, because the plaintiff failed to prove class-wide contractual privity with all class members, especially those whose loans were only serviced by the defendants. Consequently, the jury's $54 million damages award for the Late Fee Class could not be upheld, leading to the class's decertification.

Class ActionBreach of ContractMortgage LoanLate FeesLoan AccelerationFee SplittingLoan ServicingPost-Trial MotionsClass DecertificationJudgment as a Matter of Law
References
58
Case No. 2021 NY Slip Op 00118 [190 AD3d 489]
Regular Panel Decision
Jan 12, 2021

Henry v. Split Rock Rehabilitation & Health Care Ctr., LLC

Plaintiff Ian Henry, an HVAC technician, was injured on January 24, 2014, at Split Rock Rehabilitation and Health Care Center, LLC, when a circuit breaker allegedly exploded. He was inspecting a newly installed rooftop air conditioning unit and was escorted to an electrical room by a Split Rock employee. Split Rock moved for summary judgment, arguing Henry's failure to turn off the power caused the incident, but Henry testified the power was already off. The Supreme Court, Bronx County, denied the motion, finding unresolved factual issues regarding the accident's cause and whether the risks were readily observable. The Appellate Division, First Department, affirmed the denial of summary judgment, concluding that material issues of fact remained for trial.

Summary JudgmentHVAC TechnicianWorkplace AccidentCircuit Breaker ExplosionMaterial Issues of FactObservable RisksNegligenceThird-Party DefendantAppellate ReviewPremises Liability
References
7
Case No. MISSING
Regular Panel Decision
Jul 09, 1993

Krug v. Offerman, Fallon, Mahoney & Cassano

The plaintiff, an attorney, sued the law firm Offerman, Fallon, Mahoney & Cassano and its partner Leo J. Fallon for breach of contract regarding a fee-splitting agreement. The plaintiff was retained by the firm to represent their client, Charles Hahn, in workers' compensation hearings, specifically to oppose the claim and preserve Hahn's personal injury action. The plaintiff's efforts were successful, leading to a $1.8 million settlement in the personal injury case and a $600,000 contingent fee for the firm. The firm subsequently refused to pay the plaintiff a percentage of the fee. The defendants moved to dismiss the complaint, arguing lack of subject matter jurisdiction under Workers’ Compensation Law § 24 and the invalidity of the fee-splitting agreement under the Code of Professional Responsibility. The Supreme Court denied the motions, finding the action was not barred by Workers’ Compensation Law § 24 and the fee agreement was enforceable. The Appellate Division affirmed this decision, concluding that the plaintiff's claim was for services rendered in the personal injury action and that a fee-splitting agreement does not require a writing unless joint responsibility is assumed, which was not the case here.

breach of contractfee-splitting agreementworkers' compensationpersonal injury litigationattorney compensationjurisdictionprofessional ethicsappellate reviewcontingent feeslegal malpractice
References
3
Case No. 2022 NY Slip Op 05964 [209 AD3d 596]
Regular Panel Decision
Oct 25, 2022

Pirozzo v. Laight St. Fee Owner LLC

Plaintiff Paul Pirozzo sought summary judgment on his Labor Law § 240 (1) claim against defendants Laight Street Fee Owner LLC, Laight Street Fee Owner II LLC, and Sciame Construction, LLC, which was granted by the Supreme Court. The Appellate Division, First Department, affirmed this decision. The plaintiff established a prima facie case by demonstrating that the scaffold he was working on collapsed without an apparent reason. The defendants' arguments that the plaintiff was the sole proximate cause, either by failing to lock scaffold pins or remaining on the scaffold while it was moved, were deemed unavailing. The court noted that these actions, even if proven, would amount to comparative negligence, which is not a defense to a Labor Law § 240 (1) claim, and there was no evidence of specific instructions to the plaintiff that were disobeyed.

Summary judgmentLabor Law § 240 (1)Scaffold collapseSole proximate causeComparative negligenceWorkers' compensation Form C-2Hearsay objectionPersonal knowledgeRecalcitranceAppellate Division
References
9
Case No. ADJ4347932 (SAC 0166469)
Regular
Sep 13, 2012

KENNETH MCFARLIN (Deceased) vs. STANALAND SHOWER PANS, INC., CALIFORNIA INDEMNITY INSURANCE COMPANY administered by GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board granted reconsideration to award applicant's attorney the full $4,500 fee. The Board determined that the attorney's fee was earned for representing the injured worker on accrued benefits, which passed to his heirs. Since the heirs agreed to split the net settlement proceeds equally after fees, the attorney was entitled to the entire fee from the $30,000 Compromise and Release. This decision amends a prior order that split the attorney's fee between the heirs.

WORKERS' COMPENSATION APPEALS BOARDKENNETH MCFARLIN (Deceased)STANALAND SHOWER PANSINC.CALIFORNIA INDEMNITY INSURANCE COMPANYGALLAGHER BASSETT SERVICESADJ4347932SAC 0166469OPINION AND ORDER GRANTING PETITION FOR RECONSIDERATIONTHOMAS L. PLUMB
References
0
Case No. MISSING
Regular Panel Decision
Oct 17, 1984

In re the Estate of Makudera

This case centers on a dispute over attorney fees following the death of Orlando J. Makudera, Sr., in an automobile accident. Initially, Randall L. Reed, a Chenango County attorney, and an unnamed Rhode Island attorney agreed to an equal split of fees from a workers' compensation claim and a federal civil action. After Peter J. McBride was retained as local trial counsel, all three attorneys signed an agreement stipulating a one-third split of all generated fees, specifically including those from the workers' compensation claim. When the Rhode Island attorney (respondent) objected to his $25,000 compensation fee being included in the gross fees for division, the petitioners (Reed and McBride) sought an order from the Surrogate’s Court. The Surrogate's Court granted summary judgment to the petitioners, a decision subsequently affirmed on appeal, citing the respondent's failure to present admissible evidence controverting the signed fee agreement.

Attorney FeesFee AgreementSummary JudgmentAppellate ReviewWorkers' Compensation LienContract DisputeAncillary ProbateExecutrix DutiesLegal EthicsEvidence Admissibility
References
3
Case No. 04-MD-1596
Regular Panel Decision
Mar 20, 2006

In Re Zyprexa Products Liability Litigation

This order by Senior District Judge Weinstein addresses legal fee allocation in a coordinated multi-district litigation against Eli Lilly & Company concerning the prescription drug Zyprexa. Following a partial settlement covering approximately 8,000 individual plaintiffs, the court adopted a proposal from special settlement masters regarding fee caps. The court modified the proposed cap, reducing it from 37.5% to 35% for most recoveries, while maintaining a 20% cap for "Track A" settlements. The special masters are granted discretionary authority to adjust fees within a range of 30% to 37.5% based on individual case circumstances, with appeal rights to the court. The decision emphasizes the court's inherent authority to supervise attorney fees, particularly in quasi-class actions and mass litigations, to ensure fairness and prevent excessive charges to clients, drawing parallels to class action rules and state laws limiting contingent fees.

Mass TortMulti-District LitigationFee AllocationContingency FeesAttorney FeesEthical SupervisionSettlementZyprexa LitigationQuasi-Class ActionJudicial Discretion
References
23
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. 2019 NY Slip Op 00265 [168 AD3d 823]
Regular Panel Decision
Jan 16, 2019

Loretta v. Split Dev. Corp.

Vincent Loretta, a plumber, suffered personal injuries after falling from a ladder while installing pipes at a construction site owned by Split Development Corp. He and his wife sued for damages, alleging a violation of Labor Law § 240 (1). The Supreme Court denied their motion for summary judgment on liability due to triable issues of fact, and a jury subsequently found the ladder adequate. The Appellate Division affirmed the judgment, concluding that there was a valid line of reasoning for the jury's verdict and that the verdict was not contrary to the weight of the evidence.

Personal InjuryLadder AccidentLabor Law 240(1)Summary JudgmentJury VerdictAppellate ReviewProximate CauseSafety DeviceConstruction AccidentPlumbing Work
References
15
Case No. MISSING
Regular Panel Decision

Yeshiva University v. New England Educational Institute, Inc.

In a Lanham Act action, defendants, who prevailed after a jury trial against plaintiff Yeshiva, sought approximately $50,000 in attorney's fees. The application presented a novel question: whether a prevailing defendant is entitled to fees when the plaintiff's liability claims were asserted in good faith but the damage claims were grossly exaggerated. The court first affirmed the applicability of the Lanham Act's attorney fee provision, § 35(a), to actions involving unregistered marks, citing precedent. Despite acknowledging the plaintiff's highly exaggerated damage claims, the court determined that the case, which was close on the merits regarding the initial copying allegations, did not meet the 'exceptional cases' standard required for awarding attorney's fees to a prevailing defendant. Consequently, the defendants' application for attorney's fees was denied.

Lanham ActAttorney's FeesPrevailing DefendantExceptional CasesUnregistered MarkDamage ClaimsExaggerated DamagesGood Faith LitigationJury VerdictNon-profit Dispute
References
7
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