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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

Fruit-Ices Corp. v. CoolBrands International Inc.

Plaintiff Fruit-Ices Corporation sued CoolBrands International Inc. for trade dress infringement and unfair competition under the Lanham Act, alleging that CoolBrands copied the distinctive trade dress of its FrozFruit frozen fruit bars with their Fruib-A-Freeze bars after failed acquisition attempts. The court found Fruit-Ices' trade dress to be inherently distinctive and non-functional, emphasizing the unique combination of its design elements. Applying the Polaroid factors, the court determined a strong likelihood of consumer confusion due to the substantial similarity of the products, their direct competition in the New York impulse bar market, evidence of actual confusion, and CoolBrands' apparent bad faith in adopting the similar trade dress. Consequently, the court granted Fruit-Ices' motion for a preliminary injunction, prohibiting CoolBrands from distributing Fruit-A-Freeze bars in their current, substantially similar trade dress within the specified market. The injunction will become effective upon the posting by plaintiff of a bond in the amount of $1,000,000.

trade dress infringementunfair competitionLanham Actpreliminary injunctionconsumer confusionFrozFruitFruit-A-Freezefrozen fruit barsNew York marketimpulse product
References
17
Case No. MISSING
Regular Panel Decision
Apr 07, 1993

Pennisi v. Standard Fruit & Steamship Co.

A longshoreman, having received workers' compensation benefits from his employer, International Terminal Operating Company (ITO), initiated a personal injury action against Standard Fruit & Steamship Company and Netumar Lines. Standard Fruit and Netumar subsequently filed a third-party complaint against ITO for contribution and indemnification. The Supreme Court initially granted ITO's motion for summary judgment, dismissing the third-party complaint. The appellate court modified this decision, reinstating Standard Fruit's indemnification claim against ITO due to unresolved factual questions regarding Standard Fruit's status as a 'vessel' and the existence of an indemnification contract. The court affirmed the dismissal of contribution claims, citing the LHWCA's exclusivity provision, and remitted the matter for a determination on sanctions.

Workers' Compensation BenefitsLongshoreman InjurySummary JudgmentContribution ClaimsIndemnification ClaimsThird-Party ComplaintLHWCAVessel StatusContractual IndemnityImplied Indemnity
References
14
Case No. ADJ3755642
Regular
Jul 23, 2015

THEMAS OLENHOUSE vs. NESTLE ICE CREAM, SEDGWICK CMS, FRUIT-A-FREEZE, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the State Compensation Insurance Fund's (SCIF) petition for reconsideration. SCIF sought to overturn a prior decision that found the applicant's February 23, 2004 injury resulted in permanent and total disability without apportionment to non-industrial factors or a prior injury. The Board affirmed its previous finding, holding that its decision was supported by substantial evidence in the record. Therefore, SCIF's arguments regarding apportionment and the medical evaluator's report were rejected.

Workers' Compensation Appeals BoardPetition for ReconsiderationPermanent Total DisabilityApportionmentNon-industrial factorsAgreed Medical EvaluatorLabor Code Section 4663Substantial EvidenceWCJADJ3755642
References
1
Case No. ADJ3755642 (OAK 0305976) ADJ3452882 (OAK 0305978)
Regular
Jan 27, 2015

THOMAS OLENHOUSE vs. NESTLE ICE CREAM, SEDGWICK CMS, FRUIT-A-FREEZE, STATE COMPENSATION INSURANCE FUND

This is an interim order from the Workers' Compensation Appeals Board correcting a clerical error. The Board's prior Opinion and Order Granting Petition for Reconsideration, served on December 6, 2015, incorrectly stated the service date. The corrected service date is now January 6, 2015. The case remains pending reconsideration by the Commissioners.

Workers' Compensation Appeals BoardInterim OrderClerical ErrorPetition for ReconsiderationDate of ServiceSupplemental ProceedingsOffice of the CommissionersSan FranciscoAmendedLaw Offices of Mark A. Vickness
References
1
Case No. MISSING
Regular Panel Decision
Sep 21, 2007

Johnson v. Ebidenergy, Inc.

This appellate case concerns two consolidated personal injury actions arising from an electrical accident. Plaintiffs David M. Johnson and George D. Johnson sustained burns when a fuse David was installing exploded. David was an employee of a subcontractor hired by Ebidenergy, Inc. to install metering equipment for Yonder Farms Fruit Distributors, LLC. George, who was an employee of AMS Contracting, was incidentally on site to retrieve paperwork. The court reviewed summary judgment motions, ultimately modifying the Supreme Court's order by dismissing certain third-party complaints and Labor Law causes of action, while affirming other aspects. The decision clarified the applicability of Labor Law provisions, particularly regarding 'altering' a building and contractor liability, and the employment status of George D. Johnson under the Labor Law.

Personal InjurySummary JudgmentLabor LawStatutory InterpretationContractor LiabilityThird-Party LiabilityAppellate ReviewElectrical AccidentWorkplace SafetyIndustrial Code
References
13
Case No. 14-35443
Regular Panel Decision

In re Weidenbenner

The Debtors initiated a motion alleging that Wells Fargo violated the automatic stay by placing an administrative freeze on their bank accounts after they filed for Chapter 7 bankruptcy. This freeze led to a bounced check and a $25 penalty. The court ruled that Wells Fargo's administrative freeze was indeed a willful violation of the automatic stay, rejecting the bank's arguments regarding compliance with turnover provisions or set-off rights. Furthermore, the court found that the Debtors had constitutional and statutory standing to pursue damages. As a result, the Debtors were awarded $25.00 in actual damages, along with costs and attorney's fees.

Bankruptcy LawAutomatic StayStay ViolationAdministrative FreezeWells FargoChapter 7Damages AwardedWillful ViolationTurnover ProvisionDebtor Rights
References
23
Case No. MISSING
Regular Panel Decision

Delvalle v. Mercedes Benz USA, LLC

In a personal injury action, the defendants/third-party plaintiffs appealed an order from the Supreme Court, Kings County, dated February 15, 2013. The order granted summary judgment to the third-party defendants, Douglas S. Kent and King Freeze Mechanical Corp., dismissing the third-party complaint against them. The Supreme Court's decision was based on the finding that the plaintiff's injuries, sustained during employment with King Freeze Mechanical Corp., did not constitute a 'grave injury' under Workers’ Compensation Law § 11. The Appellate Division affirmed the order, concluding that the third-party defendants met their prima facie burden and the defendants/third-party plaintiffs failed to raise a triable issue of fact.

Personal InjurySummary JudgmentGrave InjuryWorkers' Compensation LawContributionIndemnificationAppellate DivisionThird-Party ActionEmployer LiabilityAffirmation
References
3
Case No. MISSING
Regular Panel Decision

Opn. No.

This legal opinion addresses whether cost-of-living adjustments paid by the New York City Transit Authority (TA) to its employees, represented by the Transport Workers Union of America (TWU), are subject to suspension under the wage freeze provisions of the Financial Emergency Act for the City of New York. The Act, enacted in 1975 to address the city's fiscal crisis, includes the TA as a 'covered organization' whose salary and wage increases are suspended. The opinion concludes that cost-of-living adjustments constitute 'salary or wages' based on common interpretation and legal precedents. Therefore, the opinion holds that such payments by the TA would violate the Act's wage freeze mandate, aligning with the legislative intent to prevent the city's financial collapse.

Wage freezeCost-of-living adjustmentsFinancial Emergency ActNew York City fiscal crisisPublic employeesCollective bargainingStatutory interpretationEmergency powersGovernmental entitiesEconomic stabilization
References
11
Case No. MISSING
Regular Panel Decision

Gress v. Brown

Plaintiffs, seasonal sanitation employees of the City of Buffalo, initiated a class action alleging that the City and Mayor Byron Brown failed to pay them in accordance with the Buffalo Living Wage Ordinance. Defendants, including the Buffalo Fiscal Stability Authority (BFSA), appealed a judgment that granted plaintiffs partial summary judgment, declaring the BFSA lacked authority to freeze their wages. The court rejected defendants' argument that the action was a CPLR article 78 proceeding, thus a four-month statute of limitations did not apply, finding the action primarily sought damages for wage violations. It further affirmed that the BFSA's wage freeze was inapplicable to plaintiffs because their wage increases stemmed from the Living Wage Ordinance, not a collective bargaining agreement, placing them outside the BFSA's authority.

Living Wage OrdinanceWage DisputeClass ActionBuffalo Fiscal Stability AuthorityPublic Authorities LawMunicipal EmployeesWage FreezeSummary JudgmentStatute of LimitationsCollective Bargaining
References
3
Case No. CA 10-01673
Regular Panel Decision
Mar 25, 2011

GRESS, MARLINO v. BROWN, BYRON

Plaintiffs, seasonal sanitation employees of the City of Buffalo, initiated a class action against Byron Brown, as Mayor, the City of Buffalo, and the Buffalo Fiscal Stability Authority (BFSA). They sought damages alleging violations of the Buffalo Living Wage Ordinance. The Supreme Court granted the plaintiffs' motion for partial summary judgment, declaring that the BFSA lacked the authority to freeze their wages, and denied the defendants' cross-motions for summary judgment. On appeal, the Appellate Division unanimously affirmed the Supreme Court's judgment. The court rejected the defendants' argument that the action should have been brought as a CPLR article 78 proceeding and concluded that the BFSA's statutory power to freeze wages did not apply to the plaintiffs because their wage increases were governed by the Living Wage Ordinance, not collective bargaining agreements.

Class ActionWage FreezeLiving Wage OrdinancePublic Authorities LawCPLR Article 78Summary JudgmentAppellate ReviewMunicipal LawSeasonal WorkersEmployment Law
References
3
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