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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

O'ROURKE v. Smithsonian Institution Press

Kevin O'Rourke filed a copyright infringement action against the Smithsonian Institution Press and The Smithsonian Institution, alleging they infringed his book "Currier and Ives: The Irish in America" by publishing "Currier and Ives: America Imagined." The defendants moved to dismiss the complaint for lack of subject matter jurisdiction, asserting that 28 U.S.C. § 1498(b) grants exclusive jurisdiction over copyright claims against the United States to the Court of Federal Claims. O'Rourke contended that the defendants were independent entities not falling under "the United States" for the statute's purposes. The Court, however, found that "the United States" in Section 1498(b) should be interpreted broadly, encompassing the Smithsonian Institution and its press, referencing previous rulings where the Smithsonian was considered part of the federal government. Consequently, the Court concluded it lacked subject matter jurisdiction and granted the defendants' motion to dismiss, closing the case.

Copyright InfringementSubject Matter JurisdictionFederal Copyright ActCourt of Federal ClaimsSmithsonian InstitutionUnited StatesSovereign ImmunityMotion to Dismiss28 U.S.C. § 1498(b)Tucker Act
References
5
Case No. 2017 NY Slip Op 07357
Regular Panel Decision
Oct 19, 2017

Matter of Kathleen NN. (Dennis NN.)

This case involves three neglect proceedings initiated by the Sullivan County Department of Family Services and the Attorney for the Child against Dennis NN. (father), Justin EE. (mother's boyfriend), and Angelica FF. (mother) concerning Kathleen NN., an alleged neglected child. The Family Court of Sullivan County initially dismissed all three petitions. The Appellate Division, Third Department, reversed the dismissal concerning Dennis NN., finding that his actions of dropping the child during an altercation placed her in imminent danger of harm, thus granting the neglect petition against him and remitting the matter for a dispositional hearing. However, the Appellate Division affirmed the dismissals against Justin EE. and Angelica FF., concluding that there was insufficient evidence to prove neglect or that Justin EE. was a legal custodian at the time of the incident, and that the mother's conduct did not demonstrate imminent danger to the child.

Child NeglectFamily Court ActImminent DangerParental ResponsibilitySafety Plan Non-ComplianceAppellate DivisionChild CustodyPreponderance of EvidencePhysical AltercationChild Protective Report
References
17
Case No. MISSING
Regular Panel Decision
Jul 05, 2006

In re Ian H.

This case involves an appeal from a Family Court order adjudicating a respondent's children neglected. The respondent, a substitute day-care worker, was accused of sexually abusing female children attending a day-care center operated by his wife. Petitioner initiated a neglect proceeding, alleging derivative neglect of the respondent's twin sons based on his inappropriate conduct with other children. The Family Court found that the respondent neglected three children by sexually abusing them, demonstrating a fundamental defect in parenting that derivatively neglected his own children. The Appellate Division affirmed this finding, concluding that out-of-court statements of the abused children were properly admitted and sufficiently corroborated, and the Family Court appropriately exercised its discretion in not compelling a child's testimony.

Child NeglectDerivative NeglectSexual AbuseFamily Court Act Article 10Out-of-court StatementsCorroborationHearsay ExceptionJudicial DiscretionParental JudgmentChild Testimony
References
13
Case No. 2025 NY Slip Op 06564
Regular Panel Decision
Nov 26, 2025

Matter of Raivyn BB. (Courtney BB.)

This case concerns appeals from Family Court orders adjudicating Raivyn BB. a neglected child due to alleged parental drug use by mother Courtney BB. and father Kip AA. The child tested positive for methamphetamines after birth, prompting neglect petitions. The Appellate Division reversed the neglect findings against both parents. The court found that the evidence did not establish a direct causal link between the mother's methamphetamine use and the child's impairment, noting potential withdrawal symptoms from prescribed Subutex. Furthermore, the father's conduct, including hostility or refusal to sign a birth certificate, was not deemed to constitute neglect, and no evidence showed his knowledge of the mother's drug use. Consequently, the petitions were dismissed.

Neglected ChildParental Drug UseChild ToxicologyMethamphetamineSubutexFamily Court Act Article 10Appellate ReviewCausative ConnectionImpairment of ChildMinimum Degree of Care
References
15
Case No. MISSING
Regular Panel Decision
May 31, 2002

Finnigan v. Rochester Institute of Technology

The plaintiff, an employee of RADEC Corporation, was injured at a building owned by Rochester Institute of Technology (RIT) and initiated an action alleging common-law negligence and Labor Law violations. Initially, a jury apportioned fault and awarded damages, but after reinstruction, RIT's fault was eliminated, leaving RADEC and the plaintiff responsible. Both parties moved for directed verdicts, with the court granting RIT's. On appeal, the higher court determined the lower court had erred in interpreting the jury's verdict concerning Labor Law § 241 (6) and Rule 23. Consequently, the appellate court denied RIT's motion for a directed verdict, granted RIT's alternative request for a new trial, and denied the plaintiff's motion, thereby granting a new trial on both liability and damages.

Labor LawNegligenceDirected VerdictNew TrialApportionment of FaultIndustrial CodeOwner LiabilityContractor LiabilityVicarious LiabilityJury Charge
References
5
Case No. MISSING
Regular Panel Decision

Seife v. National Institutes of Health

Plaintiff Charles Seife, acting pro se, filed a Freedom of Information Act (FOIA) lawsuit against the National Institutes of Health (NIH) to obtain records concerning "special governmental employees" (SGEs) who serve on NIH advisory panels. Seife specifically requested documents from the ethics files of 44 NIH SGEs related to managing conflicts of interest, including "recusal lists" and "waiver determinations." NIH produced partially redacted documents, withholding information based on FOIA Exemptions 3 and 6, which protect confidential financial disclosure reports and personal privacy. The court granted Seife's motion in part, ordering NIH to release unredacted waiver determinations concerning SGEs' financial interests and relationships, but allowed redaction of identifying information about spouses or dependent children, and upheld the withholding of recusal lists. The decision balanced the SGEs' privacy interests against the public's interest in government transparency and accountability regarding potential conflicts of interest.

FOIANational Institutes of HealthSpecial Governmental EmployeesConflict of InterestRecusal ListsWaiver DeterminationsEthics in Government ActFinancial DisclosurePrivacy InterestsGovernment Transparency
References
35
Case No. N2361-72
Regular Panel Decision

In re Gigi B.

The case concerns a neglect proceeding against Patricia B. for the alleged neglect of her infant, Gigi, due to the mother's drug addiction. The Bureau of Child Welfare subpoenaed records from the New York State Narcotic Addiction Control Commission regarding Patricia B.'s rehabilitation, which both the commission and the mother argued were protected by statutory privilege under the Mental Hygiene Law. The court determined that any state privilege was waived by the commission's communication of Patricia B.'s drug test results and that the Family Court Act, specifically Section 1038, superseded the Mental Hygiene Law due to its more recent enactment and focus on child protection. Emphasizing the paramount importance of the child's due process rights, the court concluded that the privilege established by the Mental Hygiene Law, similar to other professional privileges, is overridden in child abuse and neglect situations. Consequently, the court denied the motion to quash the subpoena and overruled the objection to the introduction of the records, ordering them to be opened for review.

NeglectChild WelfareDrug AddictionStatutory PrivilegeFamily Court ActMental Hygiene LawWaiver of PrivilegeSubpoenaConfidentialityDue Process
References
11
Case No. MISSING
Regular Panel Decision
Oct 12, 1992

In re Jamie C.

This case involves an appeal from a Family Court order in Broome County, which granted a petitioner's application to adjudicate the respondents' children as abused and/or neglected. The Family Court had found the father, James D., sexually and physically abused his daughter Jamie C. and neglected all four children, while the mother, Barbara C., sexually abused Jamie and neglected all four. On appeal, the finding of sexual abuse against the mother was reversed due to insufficient corroborating evidence and Jamie C.'s conflicting sworn testimony. However, the findings of the father's sexual and physical abuse, and both parents' neglect stemming from chronic alcohol abuse and violent behavior, were affirmed based on Jamie's credible testimony and other evidence presented.

Family LawChild AbuseChild NeglectSexual AbusePhysical AbuseAlcohol AbuseCredibility of TestimonyCorroboration of EvidenceAppellate ReviewFamily Court Act
References
1
Case No. MISSING
Regular Panel Decision
Mar 28, 2000

Oil Heat Institute of Long Island Insurance Trust v. Gerber Life Insurance

Plaintiff Oil Heat Institute of Long Island Insurance Trust (OHI) sued Gerber Life Insurance Company (Gerber), Island Group Administration, Inc. (IGA), and RMTS Associates, alleging Gerber refused to reimburse stop-loss claims and issue a letter of certification to a lender. OHI had established a self-insurance program, and Gerber issued an aggregate stop-loss (ASL) policy. OHI commenced the action on the day the ASL policy expired, before the attachment point for reimbursement could be calculated and before submitting proper documentation. The Supreme Court denied Gerber's motion for summary judgment. The Appellate Division reversed, finding that OHI failed to demonstrate compliance with the ASL policy's reimbursement terms, lacked material facts to support its claims, and initiated the action prematurely. Both causes of action were dismissed against Gerber.

Insurance LawSummary JudgmentAggregate Stop-Loss PolicyContract DisputeReimbursementPolicy TermsAppellate ReviewGood FaithDocumentation RequirementsAgency
References
3
Case No. MISSING
Regular Panel Decision

In re Camara R.

This appeal concerns the dismissal of a neglect petition against parents whose infant son, Antonio, twice suffered from nonorganic failure to thrive. Antonio showed significant weight gain during hospitalizations but lost weight at home, despite prior parental instructions. Evidence presented included the parents' resistance to medical advice, unsanitary home conditions, and the father's substance abuse. The Family Court initially found insufficient evidence of neglect, but the appellate court reversed, concluding that the petitioner had established a prima facie case of both direct neglect of Antonio and derivative neglect of his siblings. The matter was remitted to the Family Court for further proceedings.

NeglectFamily Court Act Article 10Failure to ThriveChild WelfareParental MisconductAppellate ReviewPrima Facie EvidenceChild Protective ServicesMedical NeglectSubstance Abuse
References
3
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