CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. MISSING
Regular Panel Decision
Jul 28, 2015

Jacoby & Meyers, LLP v. Presiding Justices of the First, Second, Third & Fourth Departments

This putative class action challenges New York laws prohibiting non-lawyer equity ownership in law firms, alleging violations of the First and Fourteenth Amendments and the dormant Commerce Clause. The case was remanded from the Court of Appeals after an initial dismissal for lack of standing. Plaintiffs Jacoby & Meyers, LLP and Jacoby & Meyers USA II PLLC argued these laws impede their ability to raise capital and expand legal services. However, the District Court concluded that the plaintiffs' constitutional challenges were without merit. The court found that the proposed activity constituted commercial conduct, not protected speech or association, and that the state laws were rationally related to New York's legitimate interest in regulating the legal profession. Consequently, the defendants' motion to dismiss the third amended complaint was granted.

First AmendmentFourteenth AmendmentDormant Commerce ClauseLegal Profession RegulationNon-Lawyer Equity OwnershipLaw Firm FinancingConstitutional LawFreedom of SpeechFreedom of AssociationEqual Protection
References
76
Case No. MISSING
Regular Panel Decision

Meyers v. Astrue

Plaintiff Linda Meyers sought judicial review of a denial of Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) benefits. Magistrate Judge Leslie G. Foschio recommended granting the plaintiff's motion for judgment on the pleadings and denying the defendant's, remanding the case for benefits calculation. District Judge Richard J. Arcara adopted this recommendation after a de novo review. The court found that the Administrative Law Judge (ALJ) erred by concluding the plaintiff was not disabled from March 2004 through March 2006, specifically by failing to properly apply the treating physician rule to Dr. Lewis's opinion, which consistently described the plaintiff as totally disabled due to cervical disc disease and nerve root compression.

Social Security DisabilitySupplemental Security IncomeDisability Benefits ReviewTreating Physician RuleAdministrative Law Judge ErrorResidual Functional CapacityCervical Spine DisorderNerve Root CompressionVocational ExpertSedentary Work Limitations
References
27
Case No. MISSING
Regular Panel Decision

Keller v. Kruger

Plaintiffs Robert W. Keller and Michael R. Hudson were injured when defendant Yolanda Silvera, driving while impaired, struck them at a construction site. The vehicle was owned by defendant Douglas Kruger. Plaintiffs allege negligence against Silvera and Kruger, and negligence and Labor Law § 241 (6) violations against general contractor Tully Construction Co. Inc. and consultant engineer Lockwood, Kessler & Bartlett, Inc. The court granted plaintiffs' motion for partial summary judgment on liability against Silvera and Kruger. However, the court denied most motions by Tully and Lockwood for summary dismissal, finding triable issues of fact regarding their negligence, statutory agency under Labor Law § 241 (6), and compliance with industrial code regulations (12 NYCRR 23-1.29). Lockwood's motion for dismissal of Labor Law § 241 (6) based on OSHA regulations was granted, and its contractual indemnification claim against Tully was denied. A disclosure motion by plaintiffs was partially granted.

Summary JudgmentNegligenceLabor Law § 241 (6)Industrial Code 12 NYCRRVehicle and Traffic Law § 388Proximate CauseConstruction Site SafetyWorker InjuryStatutory AgentImpaired Driving
References
46
Case No. 528627
Regular Panel Decision
Dec 19, 2019

Matter of Keller v. Cumberland Farms

Claimant Frederick W. Keller sought workers' compensation benefits, alleging he contracted bladder and kidney cancer due to carcinogen exposure as a diesel mechanic. The Workers' Compensation Board precluded the report of claimant's independent medical examiner, Lester Ploss, due to non-compliance with Workers' Compensation Law § 137 and 12 NYCRR 300.2, specifically the failure to submit a letter from claimant's counsel and an intake sheet to the Board. Consequently, the Board found insufficient credible medical evidence of an occupational disease and disallowed the claim, also denying reconsideration. The Appellate Division affirmed the Board's decisions, concurring that the preclusion of Ploss's report and testimony was proper given the lack of compliance with statutory and regulatory requirements.

Occupational DiseaseWorkers' Compensation BenefitsMedical Examiner ReportRegulatory ComplianceReport PreclusionBladder CancerKidney CancerDiesel MechanicCarcinogen ExposureAppellate Review
References
2
Case No. MISSING
Regular Panel Decision

Murphy v. Keller Industries, Inc.

Plaintiff Lynn A. Murphy sued Keller Industries, Inc. for injuries sustained from a defective ladder, alleging negligence, strict product liability, and breach of warranty. Keller filed a third-party complaint against the United States Government, Murphy's employer, seeking indemnification or contribution. The Government moved to dismiss or strike the third-party complaint. The court, presided by Judge Motley, granted the Government's motion to strike the third-party complaint under Rule 14(a) of the Federal Rules of Civil Procedure. The decision was based on two grounds: first, Keller's claim for contribution against the Government was meritless under New York law because the Government's liability was not contingent on Keller's liability to Murphy for the ladder defect; second, Keller's significant and unexcused delay in filing the third-party complaint after the bankruptcy stay was lifted provided an additional basis for striking the complaint. The court did not address the Government's Rule 12(b)(1) motion for lack of subject-matter jurisdiction.

Workers' CompensationThird-Party ComplaintImpleaderRule 14(a)Subject-Matter JurisdictionContribution LawIndemnificationBankruptcy StayTimelinessProduct Liability
References
14
Case No. MISSING
Regular Panel Decision

Meyer v. State of New York Office of Mental Health

Plaintiff Jill Meyer sued Defendants State of New York Office of Mental Health (OMH), Creedmoor Psychiatric Center (CPC), and Caterina Grandi for alleged gender, religion, and age discrimination under Title VII, NYSHRL, and NYCHRL, stemming from a failure-to-hire claim in 2011. Plaintiff, a Jewish woman over 60, alleged she was not hired for psychiatrist positions at CPC due to discrimination, despite being qualified. Defendants moved for summary judgment, citing Plaintiff's past poor performance at CPC and the superior qualifications of the hired candidates. The Court granted summary judgment for Defendants on Plaintiff's Title VII claims, dismissing them with prejudice, finding no sufficient evidence of gender-based discrimination and concluding that the religious discrimination claim lacked sufficient evidence of pretext. The Court declined to exercise supplemental jurisdiction over the remaining state law claims (NYSHRL and NYCHRL), dismissing them without prejudice.

Employment DiscriminationFailure to HireTitle VIIGender DiscriminationReligious DiscriminationSummary JudgmentPrima Facie CasePretextMcDonnell Douglas FrameworkSupplemental Jurisdiction
References
53
Case No. 09 Civ. 4376 (GWH) (GWC)
Regular Panel Decision
Oct 26, 2011

KURUWA v. Meyers

Plaintiffs Dushyant Kuruwa and Monica Arguelles sued attorney Milton Meyers for various claims, including legal malpractice, concerning his failure to handle Kuruwa's immigration paperwork. Meyers did not file Kuruwa's green card application or H1B visa extension, leading to Kuruwa's job termination and the couple incurring costs for voluntary departure from the U.S. The Court entered a default judgment against Meyers due to his repeated non-compliance with court orders and failure to respond to an Order to Show Cause regarding sanctions. Kuruwa was awarded compensatory damages for lost wages and departure expenses, along with punitive damages. Arguelles received nominal and punitive damages, while other claims were dismissed.

Legal MalpracticeAttorney MisconductDefault JudgmentImmigration LawPunitive DamagesBreach of ContractProfessional NegligenceFederal Civil ProcedureVisa StatusGreen Card Application
References
31
Case No. 09 C 10580
Regular Panel Decision
Dec 14, 2012

Allam v. Meyers

This Memorandum Opinion and Order addresses Defendant Jason Meyers’ renewed motion for judgment as a matter of law (JMOL) or, alternatively, a motion for a new trial, following a jury verdict entered against him on April 19, 2012. Plaintiff Miryam Al-lam, Meyers' ex-wife, alleged assault, battery, and intentional infliction of emotional distress (IIED). The jury awarded Allam $200,000 for pain and suffering and $300,000 in punitive damages. The court granted Meyers' JMOL motion regarding the IIED claim due to insufficient medical evidence, but upheld the jury's liability findings for assault and battery. While denying a new trial on liability for assault and battery, the court granted a new trial on punitive damages, conditioned on Allam's refusal to accept a remittitur reducing the punitive award to $200,000.

AssaultBatteryIntentional Infliction of Emotional Distress (IIED)Judgment as a Matter of Law (JMOL)New TrialPunitive DamagesCompensatory DamagesDomestic ViolenceJury VerdictRemittitur
References
78
Case No. MISSING
Regular Panel Decision

Strehle v. United States

Seaman Richard Frances Meyer died on a United States Navy vessel due to entrapment in ropes from a malfunctioning winch. His administratrix, Loretta Strehle, sued the United States under the Public Vessels Act, Jones Act, and Death on the High Seas Act, alleging negligence and unseaworthiness. The court found the United States liable, citing the uncorrected defects in the winches and their "deadman" safety feature. The court rejected the claim of Meyer's contributory negligence. Plaintiff was awarded $28,600 for loss of income to Meyer’s dependents (his four sisters) and $50,000 for Meyer's pain and suffering prior to death, totaling $78,600.

Admiralty LawJones ActDeath on the High Seas ActPublic Vessels ActMaritime NegligenceVessel UnseaworthinessWrongful DeathPain and SufferingLoss of SupportComparative Negligence
References
13
Case No. ADJ1323538 (SAC 0367325)
Regular
Oct 11, 2010

BRUCE LOCKWOOD vs. C.C. MEYERS, INC., C.C. MEYERS

This case involves defendant C.C. Meyers, Inc.'s petition for reconsideration of a prior Board decision finding serious and willful misconduct. The Board had previously reversed a judge's ruling, finding the employer negligent for failing to provide a spotter for an excavator. The defendant argues there's no evidence a spotter was required or would have prevented the injury. The Board is granting reconsideration to further study the factual and legal issues involved.

Serious and willful misconductproximate causeindustrial injuryemployer negligencesafety ordersexcavator operatorspotterforemanhazardous conditionpetition for reconsideration
References
0
Showing 1-10 of 80 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational