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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
Mar 24, 1989

Marroquin v. American Trading Transportation Co.

Plaintiff Edmundo S. Marroquin was injured on November 8, 1985, while cleaning a cargo tank aboard the S.S. Washington Trader on the high seas. Marroquin was employed by third-party defendant Stevens Technical Services and the vessel was owned by defendant and third-party plaintiff American Trading Transportation Company. Marroquin initially sued American Trading for negligence and later added a cause of action for unseaworthiness. American Trading then instituted a third-party action for contribution and indemnification against Stevens. Stevens moved for summary judgment, arguing that Marroquin's unseaworthiness claim was barred by the Longshore and Harbor Workers’ Compensation Act (LHWCA), which would also dismiss American Trading's third-party action. The court denied Stevens' motion, finding that Marroquin was not covered by the LHWCA because he was the equivalent of a 'member of a crew' working on the high seas, not a land-based worker in port. Additionally, the LHWCA's geographical scope does not extend to injuries on the high seas during a long international voyage. Therefore, Marroquin could maintain his unseaworthiness claim, and American Trading could seek contribution or indemnification from Stevens.

Maritime LawUnseaworthiness ClaimLHWCA InapplicabilityHigh Seas InjurySeaman StatusThird-Party ActionSummary Judgment MotionVessel Cleaning CrewContribution and Indemnification
References
17
Case No. MISSING
Regular Panel Decision

Sprint Communications Co. v. Jasco Trading, Inc.

The case involves Plaintiffs Sprint Communications Company L.P., Sprint Nextel Corporation, Boost Worldwide, Inc., and Virgin Mobile USA, L.P. (collectively 'Sprint') against Defendants Jasco Trading, Inc., Alan Savdie, YRB Trading Corp., and Yehudah Bodek. Plaintiffs initiated the action alleging various claims including breach of contract, unfair competition, and trademark infringement, stemming from an alleged 'Bulk Handset Trafficking Scheme.' The court considered two primary motions: Plaintiffs' motion to enforce a settlement agreement with the YRB Defendants and the YRB Defendants' motion to stay the case pending arbitration. Applying the Winston factors, the Court determined that no binding settlement agreement was reached, citing an implied reservation of the right not to be bound in the absence of a signed writing, disagreement on a material term, and the nature of such agreements typically requiring formalization. Consequently, the Court denied Plaintiffs' motion to enforce the settlement. The YRB Defendants' motion to stay for arbitration was also denied, but without prejudice, due to their denial of knowledge regarding the arbitration agreement and insufficient briefing on the merits.

Contract LawSettlement EnforceabilityOral AgreementsWinston FactorsArbitration ClauseMotion to EnforceMotion to StayBreach of ContractUnfair CompetitionTrademark Infringement
References
69
Case No. MISSING
Regular Panel Decision

Bricklayers & Trowel Trades International Pension Fund v. Wasco, Inc.

This Memorandum Opinion addresses an appeal from the Bankruptcy Court's orders confirming the Debtors' (Wasco, Inc. and Lovell’s Masonry, Inc.) Second Amended Joint Chapter 11 Plan and denying the Appellants' (Bricklayers and Trowel Trades International Pension Fund and International Union of Bricklayers and Allied Craftworkers) motion to dismiss. The Debtors ceased contributions to the Pension Fund, triggering a significant withdrawal liability under ERISA/MPPAA. Despite a D.C. District Court ruling requiring interim payments, the Debtors filed for Chapter 11 bankruptcy, explicitly stating the purpose was to resolve the union issue. The District Court, reversing the Bankruptcy Court, found that the Debtors' actions demonstrated bad faith, citing their press release, evasion of the D.C. court order, and questionable pre-petition insider financial transactions (bonuses, salary increases, and a large transfer to another company while insolvent). Furthermore, the Court concluded that these transactions and the bankruptcy plan itself had a principal purpose to evade or avoid withdrawal liability, violating ERISA § 4212(c), thus making the plan proposed by means forbidden by law and not in good faith under 11 U.S.C. § 1129(a)(3).

Bankruptcy AppealChapter 11 PlanERISA Withdrawal LiabilityMultiemployer Pension Plan Amendments ActBad Faith BankruptcyInsider TransactionsCorporate MisconductAbsolute Priority RuleEvasion of Court OrdersFiduciary Duty
References
28
Case No. 18-CV-0361
Regular Panel Decision
Mar 06, 2018

Commodity Futures Trading Comm'n v. McDonnell

The Commodity Futures Trading Commission (CFTC) sued Patrick McDonnell and his company, CabbageTech, Corp. d/b/a Coin Drop Markets (CDM), alleging a deceptive and fraudulent virtual currency scheme. The defendants were accused of offering fraudulent trading and investment services related to virtual currency, misappropriating investor funds, and misrepresenting trading advice and future profits. The primary legal questions involved the CFTC's standing to sue and whether virtual currencies are considered commodities under the Commodity Exchange Act (CEA). The court affirmed both questions, finding that virtual currencies function as commodities and that the CFTC has jurisdiction over fraud in underlying spot markets, not just derivatives. Consequently, the court granted a preliminary injunction in favor of the CFTC and denied the defendants' motion to dismiss for lack of jurisdiction, concluding there was a reasonable likelihood of continued CEA violations without the injunction.

Virtual CurrencyBitcoinLitecoinCommodity Exchange ActCFTC JurisdictionFraudMisappropriationPreliminary InjunctionSpot Market RegulationFinancial Technology
References
60
Case No. 2018 NY Slip Op 06963
Regular Panel Decision
Oct 18, 2018

International Union of Painters & Allied Trades, Dist. Council No. 4 v. New York State Dept. of Labor

This case addresses the interpretation of New York's prevailing wage law, Labor Law § 220 (3-e), concerning apprentice wages on public work projects. The International Union of Painters & Allied Trades and glazing contractors challenged the New York State Department of Labor's (DOL) policy which stipulates that apprentices must perform tasks within their registered trade classification to be paid apprentice rates. Plaintiffs argued this policy increased costs and limited on-the-job training for glazier apprentices whose curriculum included tasks classified as ironwork. The Court of Appeals reversed the Appellate Division, upholding the DOL's interpretation as rational. The Court reasoned that the statute's language was ambiguous, and the DOL's policy prevented employers from using apprentices as cheap labor outside their specific trade, thereby ensuring proper training and maintaining construction standards.

Prevailing Wage LawApprentice WagesPublic Work ProjectsGlazier ApprenticesIronworker TasksStatutory InterpretationAdministrative DeferenceLabor Law § 220Trade ClassificationWorkforce Development
References
17
Case No. 08 Civ. 10467; 10 Civ. 6067
Regular Panel Decision

Astra Oil Trading NV v. PRSI Trading Co. LP

Astra Oil Trading N.Y. (AOT) filed two actions against PRSI Trading Company L.P. (PRSI Trading) seeking indemnification and attachment of funds related to a $156 million guarantee payment. PRSI Trading moved to dismiss both actions for lack of subject matter jurisdiction and to vacate the attachment, also requesting damages and attorneys' fees. The court granted dismissal for the first action (08 Civ. 10467) due to a lack of diversity jurisdiction at the time of filing, which a subsequent change in defendant's ownership could not remedy. However, it denied dismissal for the second action (10 Civ. 6067), noting proper diversity existed at its filing. The court allowed a new attachment in the second action to preserve the status quo, citing the defendant's continuous delays and acknowledged debt. Furthermore, the court denied PRSI Trading's claims for damages and attorneys' fees for wrongful attachment, emphasizing AOT's good faith and the complex legal issues surrounding corporate citizenship for diversity purposes.

Diversity JurisdictionAttachment OrderIndemnification ClaimCorporate CitizenshipPrincipal Place of BusinessSubject Matter JurisdictionAlien CorporationsArbitration Award EnforcementCollateral EstoppelWrongful Attachment
References
52
Case No. MISSING
Regular Panel Decision

Ochoa v. Texas Metal Trades Council

Plaintiff Frankie L. Ochoa sued Union Carbide Corporation, Texas City Metal Trades Council, Ronald P. Weaver, and Weldon Hall, alleging national origin discrimination and retaliation under Title VII, breach of duty of fair representation, and various state law claims. Ochoa, a garage mechanic at Union Carbide, reported harassment based on his national origin and union non-membership. He claimed being passed over for opportunities and facing a hostile work environment. Union Carbide investigated but Ochoa felt the situation was not remedied. The Court denied Union Carbide's motion for summary judgment on Title VII claims, finding a genuine issue of fact regarding discrimination. However, state law claims against Union Carbide were dismissed without prejudice due to declining supplemental jurisdiction. All claims against Texas City Metal Trades Council were dismissed with prejudice, as Ochoa sued the wrong party. State law claims against Weaver and Hall were also dismissed without prejudice.

DiscriminationRetaliationNational OriginTitle VIILabor Management Relations ActBreach of Duty of Fair RepresentationSummary JudgmentHostile Work EnvironmentState Law ClaimsSupplemental Jurisdiction
References
7
Case No. CA 16-00663
Regular Panel Decision
Feb 10, 2017

INTERNATIONAL UNION (DISTRICT) v. NEW YORK STATE DEPT. OF LABOR

This case involves an appeal concerning the interpretation of Labor Law § 220 (3-e) in New York, specifically regarding the prevailing wage for glazier apprentices on public works projects. Plaintiffs, a consortium of unions, individuals, and businesses, challenged the New York State Department of Labor's (DOL) interpretation that glazier apprentices performing work classified for another trade (like ironworkers) must be paid at the journeyman rate for that other trade. The Supreme Court initially dismissed the plaintiffs' complaint, upholding the DOL's position. However, the Appellate Division reversed this decision, ruling that Labor Law § 220 (3-e) permits glazier apprentices registered in a bona fide program to be paid apprentice rates, irrespective of whether the work performed falls under a different trade classification. The court concluded that the DOL's interpretation was contrary to the plain meaning of the statute and thus not entitled to deference.

Apprenticeship ProgramsLabor LawPublic Works ProjectsGlaziersIronworkersPrevailing WageStatutory InterpretationNew York State Department of LaborDeclaratory JudgmentAppellate Review
References
33
Case No. MISSING
Regular Panel Decision

Securities & Exchange Commission v. Cassano

This insider trading case concerns alleged illegal trading activities stemming from material nonpublic information regarding IBM's 1995 hostile tender offer for Lotus Development Corporation. An IBM secretary, Lorraine Cassano, leaked information about the impending acquisition to her husband, Robert Cassano, who then shared it with P. Gerard Mazzone, leading to profitable trades. Mazzone further tipped Richard Cofrancesco, who in turn informed Dominic Alba. Alba, along with Dominic Spinelli, Josephine DeCicco, and Claudio Spinelli (the 'Alba Defendants'), then engaged in significant insider trading using Lotus call options, realizing substantial profits. The Alba Defendants are also accused of providing false statements to SEC investigators about their trading activities and knowledge of other traders. The court denied the Alba Defendants' motion to dismiss the complaint, which argued a failure to plead fraud with particularity under Fed.R.Civ.P. 9(b) and a failure to state a claim for injunctive relief.

Insider TradingSecurities Exchange Act of 1934Rule 14e-3Motion to DismissInjunctive ReliefFraud PleadingFed.R.Civ.P. 9(b)Material Nonpublic InformationTender OfferCorporate Acquisition
References
4
Case No. MISSING
Regular Panel Decision
Aug 18, 2003

In re the Claim of Burdick

The claimant, a model builder for Valeo Electrical Systems, Inc. in Rochester, Monroe County, voluntarily participated in a retirement incentive program and separated from employment on November 1, 2002. Valeo had filed for chapter 11 bankruptcy and was approved to move its compressor production operations to Mexico, leading to a reduction in its labor force. Following his separation, the claimant applied for a trade readjustment allowance under the federal Trade Act of 1974. The Unemployment Insurance Appeal Board denied his application, ruling that his separation was for a reason other than lack of work. The appeal ensued, and the court affirmed the Board's decision, finding it rational based on testimony that the claimant had sufficient seniority and would not have been among those involuntarily eliminated had he not elected the incentive program.

Trade Readjustment AllowanceUnemployment BenefitsVoluntary SeparationSeniorityBankruptcyWorkforce ReductionAppellate ReviewTrade Act of 1974Employment LawNew York State
References
5
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