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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

Brickey v. Dolencorp, Inc.

Plaintiffs, former employees, initiated a nationwide collective action under the FLSA and a class action under Fed. R. Civ. Proc. 23 to recover for unpaid overtime. Four plaintiffs also assert state wage and hour law violations, seeking supplemental jurisdiction under 28 U.S.C. § 1367. Defendants moved to dismiss the Rule 23 state law class claims, arguing a lack of supplemental jurisdiction due to the absence of a "common nucleus of fact" and concerns about managing claims across potentially numerous state laws. The court denied the defendants' motion, finding that the plaintiffs' allegations sufficiently established a common nucleus of fact and that declining supplemental jurisdiction was not warranted at this juncture, despite potential future complexities with various state laws. The court emphasized judicial economy and fairness in hearing both federal and state claims together.

FLSACollective ActionClass ActionSupplemental JurisdictionRule 23Motion to DismissUnpaid OvertimeWage and Hour LawsCommon Nucleus of FactJudicial Economy
References
12
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. Claim #4179
Regular Panel Decision
Jul 20, 2006

In Re Agway, Inc.

Reliance Insurance Company (in liquidation) filed a motion on March 23, 2006, requesting that the U.S. Bankruptcy Court for the Northern District of New York declare it lacked jurisdiction over Reliance's claim against Agway, Inc. (the Debtors) or, alternatively, abstain from hearing the Liquidating Trustee's motion to expunge Reliance's claim #4179. Reliance argued that the McCarran-Ferguson Act reverse-preempted federal jurisdiction and that the Pennsylvania Commonwealth Court had primary jurisdiction under the 'first assuming jurisdiction' doctrine, or that Burford abstention was appropriate. The Liquidating Trustee opposed the motion, challenging Reliance's interpretation of the McCarran-Ferguson Act and the applicability of the abstention doctrines. The court denied Reliance's motion, affirming its core jurisdiction over the claim and finding Reliance's arguments for reverse-preemption, abstention, and first assuming jurisdiction to be without merit.

Bankruptcy LawJurisdictionMcCarran-Ferguson ActAbstention DoctrineInsurance LiquidationClaim ExpungementFederal PreemptionState LawCore ProceedingsStatutory Interpretation
References
20
Case No. MISSING
Regular Panel Decision

O'Hurley-Pitts v. Diocese of Rock-Ville Centre

The plaintiff, a Director of Development, sued the Church of Saint Mary and the Diocese of Rockville Centre for injuries sustained after slipping on water on church premises. The Supreme Court initially granted summary judgment to the defendants, finding the plaintiff to be a special employee and thus barred from recovery under Workers' Compensation Law § 11. However, the appellate court found triable issues of fact regarding whether church employees created or had notice of the hazardous condition that caused the fall. Crucially, the plaintiff had never applied for workers' compensation benefits, and no determination was made by the Workers' Compensation Board regarding coverage. The appellate court concluded that the Supreme Court should not have ruled on the Workers' Compensation Law § 11 issue due to the Board's primary jurisdiction over such matters, and therefore remitted the case to the Workers' Compensation Board for a determination on the availability of benefits.

Workers' CompensationSpecial EmployeePrimary JurisdictionSummary JudgmentPremises LiabilityNoticeRemittalAppellate ReviewSlip and FallNew York Law
References
10
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. 09 Civ. 3043(PAE)
Regular Panel Decision
Jan 21, 2014

Hart v. Rick's NY Cabaret International, Inc.

This Opinion & Order addresses the court's jurisdiction over New York Labor Law (NYLL) claims in a class action lawsuit filed by exotic dancers against Rick's Cabaret and related entities. The plaintiffs initially brought claims under the Fair Labor Standards Act (FLSA) and NYLL. While the court considered exercising supplemental jurisdiction over the NYLL claims, plaintiffs argued for independent diversity jurisdiction under the Class Action Fairness Act (CAFA). The court concluded that, based on the current record, it possesses independent jurisdiction under CAFA for the NYLL claims. Furthermore, the court found that the defendants failed to establish any of the statutory exceptions to CAFA jurisdiction, including the 'local controversy,' 'home state,' or 'interest of justice' exceptions. The court left open the possibility for a renewed motion to remand the NYLL claims if later-developed facts challenge CAFA jurisdiction.

FLSA ClaimsNYLL ClaimsCAFA JurisdictionClass ActionSupplemental JurisdictionDiversity JurisdictionEmployment LawExotic DancersMinimum WageWage & Hour
References
21
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