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

Case No. 06 Civ. 12878(RLC)
Regular Panel Decision

International Securities Exchange, LLC v. S & P Dow Jones Indices, LLC

International Securities Exchange, LLC and International Exchange Holdings, Inc. (ISE) sued S & P Dow Jones, LLC (Dow Jones) for a declaration of right to list options on S&P 500 and DJIA indices without a license, claiming federal copyright preemption. The lawsuit was stayed pending resolution of an identical case in Illinois state courts. The Illinois courts ruled in favor of Dow Jones, affirming its intellectual property rights and concluding that ISE's actions constituted misappropriation, a decision affirmed by the Illinois Appellate Court and upheld by the US Supreme Court's denial of certiorari. Upon returning to the current court, ISE sought to amend its complaint, while Dow Jones moved to dismiss based on res judicata. The court granted Dow Jones' motion, ruling that the Illinois judgment was binding under the Full Faith and Credit Act and Illinois preclusion rules, thus barring ISE from relitigating the preemption issue. ISE's motion to amend its complaint was denied as futile.

Copyright PreemptionRes JudicataCollateral EstoppelFull Faith and Credit ActIntellectual Property RightsStock Market IndicesOptions TradingUnfair CompetitionTortious InterferenceIllinois State Law
References
42
Case No. MISSING
Regular Panel Decision

Amaya v. Roadhouse Brick Oven Pizza, Inc.

Plaintiff Luis A. Amaya filed a lawsuit under the Fair Labor Standards Act (FLSA) and the New York Labor Law (NYLL) against Defendants Roadhouse Brick Oven Pizza, Inc. and Charles Herman, alleging unpaid overtime and denied break periods. Amaya moved to amend his complaint to add Canoe the River, Inc. as an additional defendant, having discovered through interrogatories that Canoe also employed him and shared common ownership and location with Roadhouse. Defendants opposed the motion, citing untimeliness, prejudice, and futility. The court found the motion timely, noting Amaya's diligent efforts to confirm Canoe's employer status and his adherence to court-extended deadlines. Furthermore, the court determined that the proposed amendment would not cause undue prejudice or futility, dismissing arguments about additional discovery as insufficient to deny the motion and deeming the factual dispute over employer identity inappropriate for this stage. Consequently, the motion to amend the complaint to include Canoe the River, Inc. as a defendant was granted.

FLSANYLLMotion to AmendPleading AmendmentJoinderUndue DelayPrejudiceFutilityRule 15(a)Rule 21
References
17
Case No. Docket Entries No. 140, 141
Regular Panel Decision

In re Plains All Am. Pipeline, L.P. Sec. Litig.

This Memorandum and Opinion addresses the defendants' second motion to dismiss a securities-fraud amended complaint. The case involves a highly publicized oil spill on the California coast by Plains All American Pipeline, an oil and gas pipeline owner and operator. Plaintiffs, a putative class of stockholders, allege that Plains and its officers made misrepresentations about the spill's extent and the company's environmental compliance programs, causing a drop in stock price. The court previously dismissed claims without prejudice, allowing for amendment. Now, evaluating the Second Amended Consolidated Complaint, the court grants the defendants' motions to dismiss. The court finds that the plaintiffs failed to adequately allege specific, actionable misrepresentations and, more critically, failed to establish a strong inference of scienter for the individual defendants for any remaining potentially actionable statements. Consequently, all claims are dismissed with prejudice, deeming further amendment futile.

Securities FraudOil SpillPipeline IntegrityEnvironmental ComplianceClass ActionMotions to DismissScienterRule 9(b)PSLRAStock Price
References
55
Case No. 97 Civ. 1547
Regular Panel Decision

Smith v. CPC International, Inc.

Plaintiffs moved to amend their complaint to include claims under the Employee Retirement Income Security Act of 1974 (ERISA) for various employee benefits, arguing these claims were distinct from previous ERISA claims dismissed by the court. The court denied the motion to amend, finding it futile. The decision was based on the court's prior determination, affirmed by the Second Circuit, that the plaintiffs were not 'employees' within the meaning of ERISA under common law agency principles. This prior ruling, stemming from a dismissed negligent misrepresentation claim, precluded the plaintiffs from relitigating their employment status, thus making the proposed ERISA claims unsustainable.

ERISAEmployee BenefitsMotion to AmendFutilityRes JudicataCollateral EstoppelEmployee StatusCommon Law AgencyFederal Rules of Civil Procedure Rule 15Federal Rules of Civil Procedure Rule 12(b)(6)
References
14
Case No. MISSING
Regular Panel Decision

Phaneuf v. Tenneco, Inc.

This case addresses a motion by plaintiffs Norman Phaneuf and his wife, Kathleen Phaneuf, to amend their complaint against the defendant, Tenneco, Inc. The plaintiffs sought to introduce a new cause of action under N.Y. Labor Law § 240(1), add specific Industrial Code violations to their N.Y. Labor Law § 241(6) claim, include clarifying language, and increase their demand for damages. The court, led by United States Magistrate Judge Hurd, largely denied the motion, citing undue delay, the potential for prejudice to the defendant, and the futility of the proposed amendments, especially concerning the inapplicability of N.Y. Labor Law § 240(1) to an injury caused by a thrown object. Only the request for clarifying language was granted, as it was considered a non-substantive modification.

Motion to Amend ComplaintPleadingsUndue DelayPrejudiceFutility of AmendmentFederal Rules of Civil Procedure Rule 15Federal Rules of Civil Procedure Rule 16New York Labor LawSection 240(1)Section 241(6)
References
23
Case No. MISSING
Regular Panel Decision
May 07, 2009

Frenkel v. New York City Off-Track Betting Corp.

Plaintiff Zoltán Frenkel moved to amend his complaint to add a fifth cause of action, alleging that defendant OTB undermined a 2004 federal settlement agreement. OTB objected to the amendment, claiming futility and prejudice. The court, presided over by Magistrate Judge Andrew J. Peck, analyzed the motion under Fed.R.Civ.P. 15(a), applying the Fed.R.Civ.P. 12(b)(6) standard for futility. Despite the court possessing ancillary jurisdiction over the settlement agreement, it determined that the proposed claim, a state law breach of contract, failed to satisfy New York’s Racing, Pari-Mutuel Wagering and Breeding Law § 618's notice requirements. Consequently, Frenkel's motion for leave to amend his complaint was denied as futile.

Motion to AmendFutility of AmendmentPrejudiceFederal Rules of Civil Procedure 15(a)Federal Rules of Civil Procedure 12(b)(6)Breach of ContractSettlement AgreementAncillary JurisdictionNotice of ClaimNew York Racing, Pari-Mutuel Wagering and Breeding Law § 618
References
60
Case No. MISSING
Regular Panel Decision

Perino v. Cohen (In Re Cohen)

The plaintiff sought to amend their complaint, originally filed on June 17, 1987, which objected to the dischargeability of a debt under Section 523(a)(6) of the Bankruptcy Code. The proposed amendment aimed to increase compensatory damages from $5,000 to $10,000 and introduce a new claim for $20,000 in punitive damages, alleging violations of the New York Human Rights Law. The defendant opposed the motion, arguing bad faith, undue prejudice due to the expanded monetary claims, and the legal insufficiency of the punitive damages under New York law or its being time-barred. Citing the liberal amendment policy of Fed.R.Civ.P. 15(a), the court determined that the increase in damages or addition of a punitive claim did not automatically constitute bad faith or prejudice. Consequently, the plaintiff's motion to amend the complaint was granted, with the court allowing the plaintiff to pursue the colorable punitive damages claim, leaving the statute of limitations defense to be addressed later.

Motion to Amend ComplaintBankruptcy DischargeabilityPunitive Damages ClaimCompensatory DamagesFederal Rules of Civil Procedure 15(a)New York Human Rights LawCollateral EstoppelLegal Sufficiency of PleadingStatute of Limitations DefenseBad Faith and Prejudice
References
32
Case No. 03-14-00738-CV
Regular Panel Decision
Jun 12, 2015

Elness Swenson Graham Architects, Inc.// RLJ II-C Austin Air, LP RLJ II-C Austin Air Lessee, LP And RLJ Lodging Fund II Acquisitions, LLC v. RLJ II-C Austin Air, LP RLJ II-C Austin Air Lessee, LP And RLJ Lodging Fund II Acquisitions, LLC// Elness Swenson Graham Architects, Inc.

The Appellees and Cross-Appellants, RLJII-C Austin Air, LP; RLJ II-C Austin Air Lessee, LP; and RJL Lodging Fund II Acquisitions, LLC, filed an unopposed motion to amend their Appellees' Brief. The amendment seeks to correct a sentence fragment on page 5 of their brief by adding ten omitted words. The omission occurred due to an error during the final preparation of the brief, where a phrase was accidentally deleted during a copy-and-paste operation and was not detected until after the brief was filed. Counsel for the Appellant and Cross-Appellee is not opposed to the requested amendment. The motion requests that the court grant leave to amend and accept the Amended Appellees' Brief for filing.

Motion to Amend BriefSentence Fragment CorrectionAppellate ProcedureUnopposed MotionBrief AmendmentCivil ProcedureContract LawAttorney's FeesStanding to SueAssignment of Contract
References
168
Case No. MISSING
Regular Panel Decision

Amalgamated Service & Allied Industries Joint Board v. Supreme Hand Laundry, Inc.

Plaintiffs, a joint board representing workers, sued several laundry businesses for violations of the Worker Adjustment and Retraining Notification (WARN) Act, alleging that the defendants constituted a single employer and failed to provide proper notice of termination. The court granted the plaintiffs' motion for a default judgment against the 'Karten defendants' (Supreme Hand Laundry, Inc. and related entities) due to their failure to secure legal representation after their original counsel was disqualified. The court also denied defendant 2350 Fifth Avenue Corp.'s belated motion to amend its answer to assert a 'good faith' defense under the WARN Act, citing undue delay, potential prejudice to plaintiffs, and futility. Final judgment was entered against the Karten defendants for over $600,000, including attorneys' fees, and other defendants were dismissed by agreement or order.

WARN ActDefault JudgmentRule 54(b) CertificationGood Faith DefenseCorporate VeilAttorney DisqualificationStatutory DamagesBack PayMass LayoffPlant Closing
References
9
Case No. MISSING
Regular Panel Decision

In re the Lithuanian Workers' Literature Society

The Lithuanian Workers’ Literature Society appealed a Kings Special Term order denying its motion to amend its certificate of incorporation. The proposed amendment sought to broaden membership qualifications from adhering to the Socialist Party to not opposing "Marxian principles". The court scrutinized whether "Marxian principles" endorse the overthrow of government by force, which is criminal under state Penal Law. Citing Karl Marx's historical support for forceful revolutions (e.g., Paris Commune), the court concluded that these principles were broad enough to justify illegal propaganda. Furthermore, the court noted that the proposed amendment would allow retention of members advocating "direct action" by force, contrary to the Socialist Party's recently amended platform promoting constitutional methods. Consequently, the appellate court affirmed the denial of the amendment, refusing to sanction an organization whose principles could potentially endorse unlawful means.

Corporate AmendmentSocialismMarxian PrinciplesFreedom of AssociationPolitical PropagandaConstitutional LawPenal LawAppellate ReviewMembership Corporations LawDirect Action
References
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