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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

Acorne Productions, LLC v. Tjeknavorian

This case details a dispute between Acorné Productions, LLC and Shant Mardirossian (plaintiffs) and Zareh Tjeknavorian and Alina Tjeknavorian (defendants) concerning the production of a film about the Armenian Genocide. Plaintiffs initiated a lawsuit in New York state court, citing various state law claims due to the defendants' alleged failure to deliver the film. The defendants subsequently removed the case to federal court, contending that the claims fell under the Copyright Act, and also introduced counterclaims seeking declaratory judgment and asserting breach of contract. The court ultimately concluded that neither the plaintiffs' claims nor the defendants' counterclaims established federal subject matter jurisdiction under the Copyright Act. Consequently, the court granted the plaintiffs' motion to remand the case to New York state court but denied their request for attorneys' fees, recognizing that the defendants had an objectively reasonable basis for their initial removal.

copyright disputecontract lawfederal jurisdictionremandattorneys' feesfilm productionstate law claimsdeclaratory judgmentbreach of contractwork for hire doctrine
References
20
Case No. MISSING
Regular Panel Decision
May 20, 1994

Twyford v. Production Associates, Inc.

Production Associates, Inc. appealed an order from the Supreme Court, Richmond County, which granted McDonald’s Corporation’s motion to dismiss a third-party complaint. The primary action involved Thomas E. Twyford, a McDonald's employee, who sued Production Associates for injuries suffered at a convention. Production Associates then sought contribution from McDonald's. The Supreme Court initially applied Pennsylvania law, leading to the dismissal of the third-party complaint. However, the appellate court reversed this decision, concluding that Illinois law should apply based on an 'interests analysis' approach, as both Production Associates and McDonald's have significant ties to Illinois. Illinois workers' compensation law, unlike Pennsylvania's or New Jersey's, does not preclude third-party contribution claims against an employer.

Personal InjuryThird-Party ActionWorkers' CompensationChoice of LawConflict of LawsContribution ClaimsSummary JudgmentAppellate ReviewIllinois LawPennsylvania Law
References
4
Case No. MISSING
Regular Panel Decision

Smith v. Positive Productions

Jonathan Smith, known as Lil Jon, petitioned the District Court to vacate or modify an arbitration award in favor of Positive Productions, a Japanese concert promoter. The dispute arose from Smith's failure to perform three concerts in Japan as per initial and rescheduled agreements, leading to their cancellation. The International Centre for Dispute Resolution arbitrator, Mark Diamond, awarded Positive Productions $379,874.00 for lost profits, expenses, legal fees, and loss of reputation. Smith argued improper notice of arbitration, lack of arbitrator jurisdiction, and manifest disregard of New York law regarding damages. The District Court, presided by Judge Mukasey, denied Smith's petition and granted Positive Productions' cross-petition to confirm the award, finding that Smith received sufficient notice, the arbitrator had jurisdiction, and the damage awards were justified under the law.

Arbitration AwardContract BreachLost ProfitsExpensesReputation DamagesAttorneys' FeesNoticeJurisdictionFederal Arbitration ActNew York Law
References
54
Case No. MISSING
Regular Panel Decision

Amity Leather Products Co. v. RGA Accessories, Inc.

Amity Leather Products Co. moved to hold RGA Accessories, Inc. in civil contempt for violating a prior injunction that prohibited RGA from using Amity's product photographs for its own competing products. Amity alleged RGA used a photo of its 'Macro bag' to promote the 'Petite Valise' through their joint venture, Smithy Accessories. The court found clear and convincing evidence of the violation, noting identical markings on the products in photographs. It rejected RGA's defenses of diligence and shifting blame to its joint venture partner. The court granted Amity's motion, ordering RGA to account for and pay profits from sales to J.C. Penney, cease further use of the promotional material, and issue a disclaimer to all recipients.

Contempt of CourtInjunction ViolationLanham ActFalse AdvertisingJoint Venture LiabilityCivil ContemptUnjust EnrichmentCease and DesistDisclaimerPhotographic Evidence
References
7
Case No. MISSING
Regular Panel Decision

Cupples Products Co. v. Marshall

Diana Wright filed a gross negligence claim against Cupples Products, her husband’s employer, after his death, subsequent to settling a workers’ compensation claim with Liberty Mutual Insurance Company, Cupples’ insurer. Wright sought discovery from Liberty Mutual, requesting statements, reports, photographs, diagrams, sketches, and accident/inspection reports related to her husband's accident. The trial court, presided over by Judge John McClellan Marshall, ordered the production of these documents for an in camera inspection. Cupples Products and Liberty Mutual, as relators, filed a petition for a writ of mandamus, contending that the documents were exempt from discovery under TEX.R.CIV.P. 166b(3)(b) and (d), arguing they were privileged communications made in connection with the investigation of the occurrence. The appellate court agreed with the relators, holding that any investigation by an agent of a party, made subsequent to the occurrence out of which the claim has arisen, is privileged and exempt from discovery, even if it was initially for a different claim (workers' compensation). The court conditionally granted the petition for the writ of mandamus, expecting the trial judge to vacate the discovery orders.

Discovery DisputeMandamusPrivileged CommunicationsWork Product DoctrineGross NegligenceWorkers' CompensationInsurance InvestigationTexas Rules of Civil ProcedureIn Camera InspectionWitness Statements
References
1
Case No. MISSING
Regular Panel Decision

Relco, Inc. v. Consumer Product Safety Commission

Thomas Doss and Releo, Inc. (plaintiffs) filed an action seeking to enjoin the Consumers Product Safety Commission (CPSC) from enforcing certain sections of the Consumers Product Safety Act against their product, the "Wel-Dex" arc welder, and requested a three-judge panel for constitutional questions. The CPSC had issued a public warning about the Wel-Dex after an investigation, despite the plaintiffs' attempts to secure a prior hearing. The plaintiffs challenged the CPSC's delegation of authority for issuing such warnings and sought pre-enforcement judicial review. The court, presided over by District Judge Noel, determined that the plaintiffs had not exhausted their administrative remedies and that the matter was not ripe for judicial review. Consequently, the defendants' motion to dismiss was granted, and the cause was dismissed.

Consumer Product Safety ActAdministrative LawAgency DiscretionSubdelegation of AuthorityPublic WarningPre-enforcement ReviewExhaustion of Administrative RemediesRipeness for ReviewThree-Judge CourtDue Process
References
26
Case No. MISSING
Regular Panel Decision

Dodd v. Texas Farm Products

Appellant Dodd sued Texas Farm Products Co. for personal injuries sustained when a retaining wall and potash collapsed on him after he and a co-worker blasted to loosen material. A jury initially found appellee negligent for failing to inspect the wall after the blast, awarding $86,000 in damages, and did not find Dodd contributorily negligent. However, the trial court granted appellee's motion for judgment non obstante veredicto. The appellate court affirmed this judgment, concluding there was no evidence that Texas Farm Products Co. knew or should have known of the dangerous condition of the retaining wall, which was apparently caused by the explosion set off by the appellant and his foreman.

Personal InjuryNegligencePremises LiabilityJudgment Non Obstante VeredictoJury VerdictAppellate ReviewIndustrial AccidentEmployer's DutyHidden DangerAssumption of Risk
References
9
Case No. MISSING
Regular Panel Decision

Collins v. Promark Products, Inc.

Plaintiff Terry Collins, an employee of the government’s National Park Service, was injured on Ellis Island while using a stump grinder manufactured by defendant Promark Products, Inc. Plaintiff, who had been receiving workers’ compensation benefits, initiated a products liability action against Promark. Promark subsequently impleaded the United States government, alleging negligence in machine maintenance and inadequate instruction. The government moved for summary judgment, contending that New Jersey law should apply under the Federal Tort Claims Act, which would bar the third-party action as workers' compensation would be the sole liability. The court examined an 1833 agreement between New Jersey and New York, consented to by Congress, establishing jurisdictional and territorial limits. The court concluded that New York law applies to the areas on Ellis Island where the tort occurred, granting New York exclusive jurisdiction despite New Jersey's property rights to the underwater land. Consequently, the government’s motion for summary judgment was denied.

Personal InjuryProducts LiabilityFederal Tort Claims ActWorkers' CompensationJurisdictionSummary JudgmentInterstate CompactEllis IslandGovernment Liability
References
4
Case No. MISSING
Regular Panel Decision

Barry & Sons, Inc. v. Instinct Productions LLC

Plaintiff Blackground Records, Inc., sued defendant Instinct Productions, LLC, seeking a declaratory judgment and alleging negligence following the tragic death of R&B vocalist Aaliyah during the production of a music video. Blackground argued Instinct was contractually liable for losses and negligent in Aaliyah's transportation. Instinct moved to dismiss both claims, asserting that the contract clause was for third-party indemnification and that an employer cannot recover for an employee's wrongful death. The court granted Instinct's motion to dismiss the declaratory judgment claim, interpreting the contract as a standard third-party indemnification clause. However, the court denied dismissing the negligence claim, finding that Aaliyah was a "principal asset" of Blackground, thereby allowing the negligence claim to proceed as a claim for damage to a valuable property asset.

declaratory judgmentnegligencecontract disputemotion to dismissindemnification clausethird-party liabilitywrongful death claimemployer-employee relationshipproperty assetmusic video production
References
30
Case No. MISSING
Regular Panel Decision
Mar 06, 2009

United States v. Bp Products North America Inc.

BP Products North America, Inc. pleaded guilty to a felony violation of the federal Clean Air Act following a March 23, 2005 explosion at its Texas City refinery that resulted in 15 fatalities and numerous injuries. The plea agreement stipulated a $50 million fine and three years of probation, contingent upon compliance with existing Settlement Agreements with OSHA and Agreed Orders with TCEQ. Victims of the explosion raised objections, arguing the fine was insufficient and probation terms were too lenient, additionally citing a violation of the Crime Victims' Rights Act (CVRA). The court, presided over by Judge Lee H. Rosenthal, extensively reviewed arguments and evidence regarding the fine's calculation based on pecuniary gain, the complexities of proving losses, and the adequacy of probation monitoring. Despite an acknowledged CVRA violation, the court found the plea to be a reasonable disposition, considering the legal framework, litigation risks, and the substantial civil and regulatory penalties already incurred by BP Products. The court ultimately accepted the proposed plea agreement.

Clean Air Act ViolationEnvironmental RegulationIndustrial SafetyProcess Safety Management (PSM)Risk Management Plan (RMP)Corporate Plea AgreementCriminal SentencingOrganizational FinesProbation MonitoringVictims' Rights
References
102
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