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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

Verdi v. United States

This case addresses the application of pendent jurisdiction in a Federal Torts Claims Act (FTCA) case where a state common law claim is asserted against a party over whom there is no independent federal jurisdiction. Plaintiffs brought an action, including a claim against the Town of Huntington, following a slip and fall accident near a U.S. Post Office. The Town of Huntington moved to dismiss for lack of jurisdiction. The U.S. Magistrate recommended retaining jurisdiction, applying the doctrine of pendent-party jurisdiction. The District Court adopted this recommendation, concluding that pendent-party jurisdiction is appropriate in FTCA cases under these circumstances to ensure all claims can be tried in a single federal forum. Therefore, the Town of Huntington's motion to dismiss was denied, and its request for an interlocutory appeal was also denied.

Pendent JurisdictionFederal Tort Claims ActSlip and FallMotion to DismissPersonal InjuryFederal Court JurisdictionState Law ClaimsCommon Nucleus of Operative FactInterlocutory AppealJudicial Economy
References
27
Case No. MISSING
Regular Panel Decision

In re Bridget Y.

The dissenting opinion argues that the New York Family Court improperly exercised temporary emergency jurisdiction over the subject children, Colleen Y. and Kelly Y. While agreeing that New Mexico was the children's home state and a custody proceeding was already pending there, the dissent contends that the strict criteria for an emergency, requiring 'imminent and substantial danger,' were not met. The dissent points out that the New Mexico court had already assumed jurisdiction, transferred custody to an Ohio family, and issued a protective order against the parents, thereby eliminating any immediate risk of abuse or parental control. The opinion concludes that the Family Court's order creates jurisdictional conflict rather than eliminating it, advocating for the reversal of the orders and dismissal of the proceeding for lack of jurisdiction over the children under 18.

Child CustodyUCCJEAEmergency JurisdictionNeglect ProceedingsInterstate JurisdictionNew Mexico LawNew York Family CourtHome State RuleImminent HarmParental Rights
References
14
Case No. MISSING
Regular Panel Decision
Nov 13, 1985

National Union Fire Insurance v. Ideal Mutual Insurance

This case involves an appeal concerning personal jurisdiction over Parthenon Insurance Company. The plaintiff appealed an order denying its motion to reargue and renew opposition to Parthenon's motion to dismiss for lack of personal jurisdiction. The Appellate Division reversed the lower court's decision, granting the plaintiff's motion to reargue and renew, and subsequently denying Parthenon's motion to dismiss without prejudice, allowing for limited discovery on the jurisdictional issue. The central legal question is whether Parthenon, a 'captive' insurer for Hospital Corporation of America (HCA) and its subsidiaries, which conduct business in New York, is subject to personal jurisdiction in New York State. The court found that enough evidence was presented to warrant discovery to establish jurisdiction.

Personal JurisdictionCorporate VeilSubsidiary LiabilityParent CompanyInsurance CoverageMotion to DismissDiscoveryAppellate ReviewCPLRCaptive Insurer
References
4
Case No. MISSING
Regular Panel Decision

Greenblatt v. New York State Labor Relations Board

This declaratory judgment action addresses whether the New York State Labor Relations Board (SLRB) has jurisdiction over a skilled nursing and health-related facility operated by the New York State Commissioner of Health as a receiver. The plaintiff, Robert M. Greenblatt, as the Commissioner's designee, contended that the receivership performed governmental functions, exempting it from SLRB jurisdiction under Labor Law § 715(2). The court examined prior cases involving state agency heads acting as receivers and found the plaintiff's arguments for differentiation unpersuasive. The court ruled that the employees of these facilities are not state employees and that denying SLRB jurisdiction would leave them unable to select union representation, especially given the receivership's prolonged duration. Consequently, the court declared that the SLRB does have jurisdiction over the employees for representational hearings and unfair labor practice matters.

JurisdictionState Labor Relations BoardReceiverPublic Health LawLabor LawSkilled Nursing FacilityHealth-Related FacilityCollective BargainingDeclaratory JudgmentStatutory Interpretation
References
11
Case No. 10 Civ. 3036
Regular Panel Decision
Feb 17, 2011

Industrial Risk Insurers v. 7 World Trade Co.

Industrial Risk Insurers (IRI) petitioned for a stay of arbitration proceedings initiated by 7 World Trade Company, L.P. (7WTCo.) concerning a dispute over a 2005 settlement agreement. This agreement resolved an insurance coverage dispute following the collapse of 7 World Trade Center on September 11, 2001. 7WTCo. alleged breach of contract by IRI regarding a subsequent $1.2 billion property damage settlement. The court, presided over by District Judge Alvin K. Hellerstein, examined subject-matter jurisdiction. It found no diversity jurisdiction due to common citizenship in New York via IRI's member, Swiss Reinsurance America Corporation, and no federal question jurisdiction under the Air Transportation Safety and System Stabilization Act (ATSSSA) because the core dispute was contractual, not directly related to the 9/11 events. Consequently, the action was dismissed for lack of subject-matter jurisdiction.

ArbitrationJurisdictionSubject-Matter JurisdictionDiversity JurisdictionFederal Question JurisdictionATSSSAFAASettlement AgreementContract Dispute9/11 Litigation
References
17
Case No. 01-42217-REG
Regular Panel Decision

Ames Department Stores, Inc. v. Lumbermens Mutual Casualty Co. (In re Ames Department Stores, Inc.)

This document is a report and recommendation from Judge Robert E. Gerber concerning Ames Department Stores, Inc.'s motion to confirm exclusive jurisdiction in an adversary proceeding against Lumbermens Mutual Casualty Company. The proceeding, occurring under Ames' Chapter 11 bankruptcy, addresses the ownership of an $8 million trust account and alleged interference with the debtor's property. Judge Gerber recommends that the court possesses subject matter jurisdiction over all claims, asserting exclusive jurisdiction over specific claims involving automatic stay violations, marshaling, and equitable subordination. Furthermore, he advises that the McCarran-Ferguson Act does not mandate deferral to an Illinois state court for these issues, and the First Assuming Jurisdiction Doctrine is applicable to certain in rem claims.

Bankruptcy LawJurisdictional DisputeExclusive JurisdictionAutomatic Stay ViolationMcCarran-Ferguson ActIn Rem JurisdictionAdversary ProceedingChapter 11 BankruptcySurety BondsCash Collateral
References
65
Case No. MISSING
Regular Panel Decision

In re the Arbitration between A.F.C.O. Metals, Inc. & Local Union 580 of International Ass'n of Bridge

This case concerns a dispute between Local Union 580 and AFCO Metals, Inc. regarding arbitration of pension fund contributions. Local 580 claimed AFCO underpaid contributions by assigning work to Carpenters Unions that should have been allocated to Local 580 members. AFCO sought to stay arbitration, arguing the dispute was jurisdictional and excluded from arbitration under their collective bargaining agreement. The Supreme Court initially dismissed AFCO's petition, but the Appellate Division reversed, finding the dispute jurisdictional. The Court of Appeals affirmed the Appellate Division's order, ruling that the underlying dispute is a jurisdictional matter, which the parties explicitly agreed to exclude from arbitration provisions in their collective bargaining agreement.

ArbitrationJurisdictional DisputeCollective Bargaining AgreementPension FundsUnion ContributionsWork AssignmentAppellate ReviewLabor LawContract InterpretationFund Delinquency
References
3
Case No. MISSING
Regular Panel Decision

Compagnie Maritime Belge (Lloyd Royal) S.A. v. United Terminals, Inc.

The plaintiff, a vessel owner, sought indemnity from the defendant stevedoring company for funds paid to settle personal injury claims of two longshoremen injured on shore while unloading a container. The defendant moved to dismiss the complaint, asserting a lack of subject matter jurisdiction, arguing that admiralty and maritime jurisdiction does not cover shore-side accidents. The court denied the motion, clarifying that this action was for indemnity, grounded in a breach of the warranty of workmanlike service implicit in a maritime stevedoring contract. Therefore, the court concluded that the suit fell within its admiralty and maritime jurisdiction, citing established precedents. Additionally, the court noted that the action, though filed in 1977, was not barred by the 1972 amendments to the Longshoremen's and Harbor Workers' Compensation Act because the injuries occurred prior to the amendments' effective date.

Admiralty lawMaritime jurisdictionIndemnity actionStevedoring contractWarranty of workmanlike serviceLongshoremen injuryShore-side accidentMotion to dismissSubject matter jurisdictionFederal Rules of Civil Procedure
References
9
Case No. MISSING
Regular Panel Decision

Hawkes v. Bennett

The petitioner, a psychiatric social worker, had her probationary appointment with the State Office of Mental Health (OMH) terminated. She appealed to the State Civil Service Commission (CSC), alleging OMH failed to comply with 4 NYCRR 4.5 (a) (5) (in) regarding observation and advisement of her status. CSC declined jurisdiction, determining OMH had substantially complied. Petitioner initiated a CPLR article 78 proceeding seeking to declare CSC's declination of jurisdiction arbitrary and capricious. The Supreme Court dismissed the petition, and the appellate court affirmed, holding that the petitioner had no enforceable legal right to compel CSC to exercise jurisdiction and that CSC's interpretation of its own regulations was entitled to deference.

Probationary employmentTermination appealCivil Service CommissionJurisdiction declinationCPLR Article 78Administrative lawAgency interpretationJudicial reviewProcedural defectsState Office of Mental Health
References
5
Case No. MISSING
Regular Panel Decision

Simpson Electric Corp. v. Leucadia Inc.

The dissenting opinion by Spatt, J., challenges the majority's decision regarding concurrent state and federal jurisdiction over civil RICO claims. Justice Spatt argues that the established presumption of concurrent jurisdiction, as outlined in Gulf Offshore Co. v Mobil Oil Corp., has not been overcome by any explicit statutory directive, unmistakable legislative history, or clear incompatibility with federal interests. The opinion critically examines RICO's relationship with antitrust laws, highlighting the distinctions drawn in Sedima, S.P.R.L. v Imrex Co.. Furthermore, it asserts that New York state courts possess the necessary competence to adjudicate civil RICO actions, particularly given the prevalence of state law violations and common-law fraud as predicate acts. Concluding, the dissent emphasizes that the New York State Organized Crime Control Act (OCCA) does not preclude concurrent jurisdiction but rather complements existing anti-racketeering remedies.

Civil RICO ClaimsConcurrent JurisdictionState CourtsFederal CourtsRacketeer Influenced and Corrupt Organizations ActLegislative IntentStatutory InterpretationAntitrust Law AnalogyDissenting OpinionAppellate Review
References
25
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