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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

Curry v. American International Group, Inc. Plan No. 502

Curry, a former Regional Insurance Underwriting Manager for AIG, sued American International Group, Inc. Plan No. 502 and American International Life Assurance Co. of New York ("AI Life") under ERISA § 502(a) after her long-term disability benefits were terminated. Curry suffers from degenerative osteoarthritis and diabetes. AI Life initially approved her benefits but later terminated them, alleging she could perform a sedentary occupation, relying on unverified medical responses. The court found AI Life's decision to be arbitrary and capricious due to its reliance on unreliable medical opinions, failure to clarify the record, and disregard for Curry's doctors' reports. Consequently, the court granted Curry's motion for summary judgment, denying the defendants' motion, and ordered the reinstatement of her benefits with prejudgment interest and attorney's fees.

ERISALong-term disabilityBenefits terminationArbitrary and capricious standardConflict of interestMedical opinionUnreliable evidenceSummary judgmentOrthopaedic conditionsDiabetes
References
10
Case No. MISSING
Regular Panel Decision
Apr 27, 2012

China Auto Care, LLC v. China Auto Care (Caymans)

Plaintiffs China Auto Care, LLC and China Auto Care Holdings, LLC brought an action against China Auto Care (Caymans), Digisec Corporation, and the estate of Chander Oberoi, alleging various causes of action stemming from the 2011 sale of Digisec's assets. Defendants sought to dismiss the complaint and compel arbitration, citing an arbitration clause in the parties' "Business Relationship and Shareholder Agreement." The court analyzed the scope of the arbitration clause under the Federal Arbitration Act. Finding the clause to be broad, the court concluded that the plaintiffs' claims were within its scope, as they "touch matters" governed by the Shareholder Agreement. Consequently, the court granted the defendants' motion, staying the litigation and compelling arbitration.

ArbitrationShareholder AgreementCorporate DisputeMotion to CompelFederal Arbitration ActSecond Circuit PrecedentFraudulent InducementCorporate GovernanceCayman Islands LawStay of Proceedings
References
25
Case No. CA 10-02164
Regular Panel Decision
May 06, 2011

SIEGL, SALLY v. NEW PLAN EXCEL REALTY TRUST, INC.

Sally Siegl sustained injuries after falling in a parking lot owned by New Plan Excel Realty Trust, Inc. The fall was allegedly due to a depression in the parking lot caused by settlement of crushed stones used by AALCO Septic & Sewer, Inc., which had repaired a water main two months prior. New Plan brought a third-party action against AALCO for common-law indemnification and contribution. The Supreme Court granted AALCO's motion for summary judgment, dismissing the third-party complaint. On appeal, the Appellate Division affirmed the dismissal of the common-law indemnification claim, finding New Plan also negligent. The majority also affirmed the dismissal of the contribution claim, concluding AALCO did not owe an independent duty of care or launch a force of harm. A dissenting opinion argued that there was a question of fact regarding AALCO creating the dangerous condition, thus precluding summary judgment on the contribution claim.

Personal InjuryPremises LiabilitySummary JudgmentCommon-Law IndemnificationContributionNegligenceAppellate ReviewWater Main RepairParking LotHazardous Condition
References
12
Case No. 2019 NY Slip Op 06054
Regular Panel Decision
Aug 06, 2019

Wilder v. Fresenius Med. Care Holdings, Inc.

Plaintiff Nicholas Wilder, suffering from end-stage renal disorder, sued Fresenius Medical Care Holdings, Inc. and its subsidiary, Avantus Renal Therapy New York LLC, after they notified him that his dialysis care would be terminated due to disruptive behavior. Wilder sought an injunction to prevent the termination of his life-sustaining dialysis treatment. The Supreme Court, New York County, denied his request for an injunction and vacated a previously granted temporary restraining order (TRO). The Appellate Division, First Department, modified the lower court's order, reversing the denial of the injunction and vacating of the TRO, reinstating the TRO pending a hearing on Wilder's injunction request. The appellate court found that the motion court abused its discretion by vacating the TRO and not holding a hearing on the preliminary injunction, given the substantial factual disputes regarding Wilder's behavior and the defendants' compliance with federal regulations for patient discharge. However, the Appellate Division affirmed the denial of Wilder's request to proceed anonymously and seal records.

Dialysis TreatmentPatient DischargeTemporary Restraining OrderPreliminary InjunctionIrreparable HarmDisruptive Patient BehaviorFederal RegulationsRight to CareAppellate ReviewSealing Records
References
6
Case No. No. 14-CV-6449 (E.D.N.Y.)
Regular Panel Decision

AEI Life, LLC v. Lincoln Benefit Life Co.

This memorandum addresses whether a pending appeal in another circuit concerning a jurisdictional dismissal precludes the Eastern District of New York from exercising jurisdiction. The New Jersey District Court had previously dismissed an action by Lincoln Benefit Life Company (LBL) against AEI Life, LLC (AEI) for lack of subject matter jurisdiction, which LBL appealed. Subsequently, AEI initiated the current lawsuit in New York, seeking a declaration of policy validity and damages for alleged breach. The court concluded that the first-to-file rule is inapplicable here because the New Jersey court never secured jurisdiction. Additionally, a balance of convenience analysis favored New York as the appropriate venue, citing AEI's home forum, witness locations, and the locus of operative facts. Consequently, LBL's motion to dismiss or stay the action is denied, allowing the case to proceed in the Eastern District of New York.

JurisdictionSubject Matter JurisdictionPersonal JurisdictionFirst-to-File RuleFinal Judgment RuleChoice of LawVenueDiversity JurisdictionInsurance PolicySTOLI Scheme
References
36
Case No. MISSING
Regular Panel Decision

In re Robert Plan Corp.

Kenneth Kirschenbaum, the Chapter 7 Trustee for The Robert Plan Corporation and The Robert Plan of New York Corporation, sought court approval for fee awards for himself and his professionals for administering an ERISA plan. The U.S. Department of Labor (DOL) objected, asserting the court lacked jurisdiction to award fees from Plan assets and had specific objections to the reasonableness of the fees. The court affirmed its core jurisdiction over the Trustee's actions as Plan administrator and his professionals' compensation, regardless of whether payments came from Plan or estate assets, citing previous rulings. The court analyzed whether Bankruptcy Code §§ 326 and 330 conflicted with ERISA statutes concerning fiduciary compensation, concluding no substantive conflict existed and the Bankruptcy Code's specific compensation scheme governed. Ultimately, the court largely overruled DOL's objections and granted the fee applications for the Trustee, K & K, Witz, and Whitfield, deeming the requested amounts reasonable and compliant with the Bankruptcy Code. The awards are payable from the Plan's Pguy Account, with any shortfall covered by the Debtors' estate.

Bankruptcy LawERISAChapter 7 TrusteeFee ApplicationPlan AdministrationJurisdictionReasonable CompensationStatutory ConstructionDepartment of LaborFiduciary Duties
References
50
Case No. MISSING
Regular Panel Decision

Pig Newton, Inc. v. Boards of Directors of the Motion Picture Industry Pension Plan

Plaintiff Pig Newton, Inc. commenced an action against the Boards of Directors of the Motion Picture Industry Pension Plan, Health Plan, and Individual Account Plan, seeking a declaration that certain provisions of the Plans’ Trust Agreements were invalid and unenforceable. The Defendants counterclaimed for delinquent contributions under ERISA. The core dispute revolved around "Controlling Employee Provisions" in the Trust Agreements, which obligated employers to contribute for Controlling Employees for a specified number of hours and weeks regardless of actual hours worked. Pig Newton argued these provisions were invalid, not properly incorporated, or conflicted with collective bargaining agreements (CBAs). The Court, applying federal common law and an arbitrary and capricious standard of review for the Directors' interpretation, found the provisions valid, properly incorporated, and not in conflict with the CBAs, concluding that Szekely (Pig Newton's sole owner) qualified as a Controlling Employee. Consequently, the Court denied Plaintiff's motion for summary judgment and granted Defendants' cross-motion for summary judgment, dismissing Plaintiff's complaint and awarding Defendants the sought-after contributions, interest, auditors’ fees, and liquidated damages.

ERISAMultiemployer PlanPension PlanHealth PlanDeclaratory JudgmentSummary JudgmentTrust AgreementsCollective Bargaining AgreementsControlling Employee ProvisionsDelinquent Contributions
References
44
Case No. MISSING
Regular Panel Decision

Cutler v. 65 Security Plan

The case concerns the financial distress of The 65 Security Plan, a Taft-Hartley multiemployer trust fund providing welfare benefits, which faces a significant deficit and numerous outstanding claims from health care providers and participants. Litigation costs from hundreds of lawsuits are depleting the Fund's limited assets. To safeguard these assets and establish an equitable distribution, the court granted a preliminary stay on all state and federal proceedings against the Fund and its beneficiaries. A Special Master, the Honorable Milton Mollen, was appointed to aid in asset maximization and settlement plan development. The court explores various legal devices, including bankruptcy, receivership, and class action, ultimately favoring a 'quasi bankruptcy' approach combining elements of these to achieve a swift and cost-effective resolution for all creditors through negotiated settlement.

Employee BenefitsTrust Fund InsolvencyPreliminary InjunctionAll Writs ActERISA LitigationBankruptcy EligibilityQuasi BankruptcyClass Action (Mandatory)Special Master AppointmentHealth Care Claims
References
70
Case No. MISSING
Regular Panel Decision

Laflamme v. Carpenters Local 370 Pension Plan

Plaintiff Michael LaFlamme initiated a class action against the Carpenters Local #370 Pension Plan and its Board of Trustees, alleging violations of the Employee Retirement Income Security Act (ERISA) concerning the plan's 'freezing rule' for benefit accrual after a 'break in service.' LaFlamme sought a judicial declaration that this rule contravenes ERISA's minimum accrual standards, along with a reformation of the pension plan and recalculation of benefits for all affected class members. The court, presided over by District Judge Hurd, evaluated the motion for class certification under Federal Rule of Civil Procedure 23(a) and (b), finding that the requirements of numerosity, commonality, typicality, and adequacy of representation were met. Consequently, the motion for class certification was granted, establishing a class comprised of all plan participants, active or retired, who experienced a service break resulting in frozen benefit accrual rates. The decision also outlined procedures for providing notice to the newly certified class members, while deferring detailed adjudication of defenses like statute of limitations and exhaustion of remedies to later dispositive motions.

ERISAPension BenefitsClass ActionBenefit AccrualFreezing RuleBreaks in ServiceClass CertificationRule 23(a)Rule 23(b)Federal Civil Procedure
References
49
Case No. MISSING
Regular Panel Decision
Nov 24, 1992

PINE BARRENS v. Planning Bd.

This case addresses whether the State Environmental Quality Review Act (SEQRA) mandates a cumulative impact statement for over 200 proposed development projects in the Central Pine Barrens region of Long Island. The Central Pine Barrens is a vital ecological area, serving as the sole natural source of drinking water for millions and harboring numerous endangered species, leading to various protective legislations. The Court of Appeals reversed the Appellate Division's ruling, determining that a mandatory cumulative impact study under SEQRA is not applicable here because there is no overarching governmental 'plan' for development in the region, only general protective policies. The court emphasized that comprehensive planning for this area should be conducted by the Long Island Regional Planning Board as outlined in ECL article 55, rather than through individual SEQRA assessments. It also noted the significant delay in the Regional Planning Board's action, urging legislative intervention to address this pressing environmental concern.

Environmental LawSEQRACumulative ImpactPine BarrensSuffolk CountyLong IslandAquifer ProtectionLand Use PlanningState Environmental Quality Review ActPlanning Board
References
6
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