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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

People v. Distributors Division, Smoked Fish Workers Union, Local No. 20377

The Attorney-General initiated an action seeking a permanent injunction against the Distributors Division, Smoked Fish Workers Union, Local No. 20377, its president Murray Brodsky, and business agent Jack Flaum. The complaint alleged that the defendants engaged in an illegal combination, violating New York's Donnelly Anti-Trust Law (General Business Law § 340), by coercing manufacturers and retailers in the smoked fish industry to deal exclusively with Distributors Division members. Although the defendants claimed exemption as a bona fide labor union, the court found that the Distributors Division was merely a jobbers association disguised as a union to create a monopoly and restrain trade. The organization's activities involved threats, intimidation, and misleading picketing to compel adherence to its demands, ultimately harming competition and forcing retailers to pay higher prices. Consequently, the court ruled that the injunction should be granted, concluding that the Distributors Division was not a legitimate labor union and its practices were illegal.

anti-trustmonopolylabor unioninjunctiontrade restraintGeneral Business LawDonnelly Actjobbers associationcoercionpicketing
References
3
Case No. MISSING
Regular Panel Decision

Arrigo v. BLUE FISH COMMODITIES, INC.

Plaintiff Anthony Arrigo brought an action against Blue Fish Commodities, Inc. and its CEO, Andrew Fisher, alleging unpaid overtime compensation in violation of the Fair Labor Standards Act and New York labor laws. Defendants moved to compel arbitration based on an employment agreement containing an arbitration provision. The Court found that the parties had agreed to arbitrate, Arrigo's claims fell within the scope of the agreement, and FLSA claims are arbitrable. Therefore, the Court granted the defendants' motion to compel arbitration and dismissed the complaint without prejudice.

Overtime CompensationFair Labor Standards ActFLSAArbitration AgreementEmployment LawMotion to Compel ArbitrationDismissal Without PrejudiceFederal Arbitration ActNew York Labor LawWage and Hour
References
30
Case No. MISSING
Regular Panel Decision

Maheu v. Long Island Railroad

The case involves DeSanto Construction Corp. and its subrogee, State Insurance Fund, seeking indemnification from Fish-Miller Associates, Inc. for expenses incurred in defending and satisfying a judgment related to an employee's injury. Fish-Miller, an insurance agent, failed to add the Long Island Railroad (LIRR) as an additional insured to DeSanto's policy, as contractually required. As a result, the State Insurance Fund, which defended the LIRR, argued that Fish-Miller's negligence prevented the application of the antisubrogation rule, which would have shifted the liability to Royal Insurance. The court ultimately dismissed the claims against Fish-Miller, finding no compelling policy reason to apply the antisubrogation rule in this context, as Fish-Miller was neither an insurer nor controlled the litigation. The decision emphasized that Fish-Miller's role as an agent did not equate to being the insurer of both parties, thereby not creating the conflict of interest the antisubrogation rule is designed to prevent.

SubrogationIndemnificationInsurance Agent NegligenceAdditional InsuredAntisubrogation RuleWorkers' CompensationEmployer's LiabilityContractual ObligationThird-Party ActionInsurance Policy
References
11
Case No. MISSING
Regular Panel Decision

People v. Consol. Edison Co. of New York, Inc.

The case involves the lamentable fact that thousands of fish have been killed by the water intake systems used for cooling the defendant's condensers at its nuclear power plant, Indian River Unit No. 2, in Buchanan, New York. The plaintiff sought to impose liability on the defendant under subdivision 1 of section 11-1321 of the Environmental Conservation Law, which prohibits "taking" fish by explosives or drawing off water. The court found that the defendant's actions, while destructive to fish, did not constitute "taking or acquiring" them within the meaning of the statute, which was aimed at poaching. The Special Term's grant of summary judgment for the plaintiff was reversed by the Appellate Division, which denied the plaintiff's motion and remanded for a hearing. This Court modified the Appellate Division's order, affirming it as modified, remitting the case to Special Term for further proceedings, and answered the certified question in the negative.

Environmental LawFish MortalityNuclear Power PlantStatutory InterpretationPoachingSummary JudgmentAppellate ReviewWater Intake SystemsIndustrial ImpactConservation Law
References
0
Case No. MISSING
Regular Panel Decision

Danielson v. United Seafood Workers Smoked Fish & Cannery Union, Local 359

The case involves a petition by Sidney Danielson, Regional Director of the NLRB, seeking a preliminary injunction against United Seafood Workers Smoked Fish & Cannery Union, Local 359, AFL-CIO. The union was charged with unfair labor practices, specifically secondary boycotts, targeting several fish businesses (charging parties) at the New York Fulton Fish Market to coerce them into recognizing Local 359 as their employees' bargaining agent. An evidentiary hearing revealed a concerted effort by union members, often directed by union officials like Carmine Romano and Anthony O’Connor, to obstruct the charging parties' ability to buy and deliver fish, leading to significant business disruption. The court found reasonable cause to believe the union had violated the National Labor Relations Act, holding Local 359 responsible under theories of mass action and agency for its members' and officials' conduct. Concluding that the charging parties faced irreparable harm, the court granted the preliminary injunction to prevent further unlawful activities, while also finding union officials in civil contempt but delaying the imposition of penalties.

Labor LawSecondary BoycottUnfair Labor PracticeNational Labor Relations Act (NLRA)Preliminary InjunctionCollective BargainingUnion LiabilityMass Action TheoryCivil ContemptFulton Fish Market
References
24
Case No. MISSING
Regular Panel Decision

United States v. Fish Smokers Trade Council, Inc.

This civil suit, filed under the Sherman Act, targeted the Fish, Sea Food, Smoked Fish and Canning Workers Union and its officers for allegedly conspiring to suppress competition in the smoked fish market. The conspiracy involved forcing independent jobbers to join the Union, boycotting non-union jobbers, allocating customers, and imposing fines for competition, all in restraint of interstate trade. The court found that the jobbers were independent businessmen, not a labor group, and their forced unionization and anti-competitive agreements were not protected by labor laws. Concluding that the Union's actions were designed to suppress competition rather than settle a labor dispute, the court asserted jurisdiction and ordered a permanent injunction against the defendants to prevent the continuation of these unlawful activities.

Sherman ActAntitrustLabor UnionTrade RestraintConspiracySmoked Fish IndustryJobbersBoycottInjunctionNorris-LaGuardia Act
References
10
Case No. MISSING
Regular Panel Decision

Notaro v. Koch

The plaintiffs (James Notaro, George Longworth, and Pearse O’Callaghan), members of the Liberal Party, sued Edward Koch, Mayor of New York City and a gubernatorial candidate, alleging violations of their First Amendment rights. They claimed Koch threatened to fire Liberal Party members from state payroll if elected Governor and sought a permanent injunction under 42 U.S.C. § 1983. The plaintiffs filed a motion for expedited discovery to depose Koch within 30 days. The court denied this motion, finding the plaintiffs failed to demonstrate irreparable injury, a strong probability of success on the merits, a connection between expedited discovery and avoiding injury, or that their potential injury outweighed the defendant's burden. The court also noted weaknesses in their legal arguments, including prematurity and lack of state action, but denied the motion without prejudice, allowing them to refile with a stronger case.

Political AffiliationFirst Amendment RightsFreedom of SpeechExpedited DiscoveryCivil RightsIrreparable InjuryPreliminary InjunctionFederal Rules of Civil Procedure 30(a)Constitutional LawGubernatorial Election
References
7
Case No. MISSING
Regular Panel Decision

Picard v. Fish

The dissenting opinion addresses an appeal concerning a motion to dismiss, agreeing that no fiduciary relationship arose from familial ties or the defendant's role as executrix. However, the dissent argues that plaintiffs presented sufficient facts to support an alternative ground for a fiduciary relationship based on the parties' operation of a family business as a partnership, with the defendant managing financial aspects. Plaintiffs alleged the defendant concealed the conveyance of the business property to herself, leading them to believe it remained part of their mother's estate. This concealment was only discovered in 2013, 25 years after the conveyance, prompting the lawsuit. The dissent concludes that, if proven, defendant's position of responsibility in the business could establish a fiduciary duty, thereby justifying the Supreme Court's application of equitable estoppel to prevent the dismissal of the complaint on statute of limitations grounds. Therefore, the dissent would affirm the Supreme Court's decision to deny the motion to dismiss.

Fiduciary DutyEquitable EstoppelFamily BusinessPartnership LawConcealmentReal PropertyStatute of LimitationsAppellate DissentMotion to DismissFinancial Management
References
13
Case No. MISSING
Regular Panel Decision

Schwartz v. Fish Workers Union of Greater New York

The plaintiff, Schwartz, a self-employed fish store owner, had previously employed one worker but discharged him due to a lack of business. Despite having no current employees, Schwartz was a member of an employer association engaged in a labor dispute with the defendant union regarding a new contract. The court determined that a labor dispute existed, emphasizing the broader economic dispute between the employer association and the union, rather than just an isolated employer-employee relationship. Schwartz sought an injunction against the union for misleading signs and loud talking. The court denied the temporary injunction but stipulated that no misleading signs claiming a lockout should be used by the defendant local, finding loud talking too vague for injunctive relief. The ruling highlighted the statutory definition of a labor dispute and the implications of an employer's membership in an association.

Labor dispute definitionInjunction denialEmployer association membershipUnion picketing legalitySingle-owner businessCollective bargaining disputeMisleading sign injunctionLabor Law 701(8)Temporary injunctive reliefEconomic group conflict
References
1
Case No. ADJ16458244
Regular
Jul 07, 2025

LAVERNE RIVERA vs. CRST EXPEDITED INC., COTTINGHAM BUTLER CLAIM SERVICES

Applicant Laverne Rivera, a truck driver, sustained an industrial injury to her face, head, and cervical spine. The WCJ issued a Findings and Award on April 2, 2025, finding in favor of Rivera for temporary disability benefits and further medical treatment. Defendant CRST Expedited Inc. sought reconsideration, challenging the findings on cervical spine injury, average weekly wage, and the validity of the QME process. The Workers' Compensation Appeals Board denied the petition for reconsideration, affirming the WCJ's decision based on substantial medical evidence and concluding that defendant waived certain arguments.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and Awardtruck drivercervical spine injuryaverage weekly wagetemporary disability benefitspanel QMEsubstantial medical evidenceearning capacity
References
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