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

Case No. 2020 NY Slip Op 04437 [186 AD3d 401]
Regular Panel Decision
Aug 06, 2020

Matter of New York City Asbestos Litig. v. Air & Liquid Sys. Corp.

This case, part of the New York City Asbestos Litigation, involved claims from William E. Robaey and Marlena Robaey against Federal-Mogul Asbestos Personal Injury Trust, among others, for peritoneal mesothelioma caused by asbestos exposure from gaskets. A jury awarded significant damages for pain and suffering and loss of consortium. On appeal, Federal-Mogul challenged the sufficiency of evidence for specific causation and the weight of the evidence. The Appellate Division, First Department, affirmed the finding of specific causation, distinguishing the facts from prior rulings, particularly Juni. However, the court found the damages for past pain and suffering and past loss of consortium materially deviated from reasonable compensation and ordered a new trial on those damages unless the plaintiff agreed to a stipulated reduction.

Asbestos LitigationMesotheliomaToxic TortSpecific CausationExpert TestimonyDamages RemittiturPain and SufferingLoss of ConsortiumAppellate ReviewJury Verdict
References
16
Case No. MISSING
Regular Panel Decision

Finkel v. Triple a Group, Inc.

Plaintiff, Chairman of the Joint Industry Board of the Electrical Industry, initiated an action against The Triple A Group, Inc. (TAG) and Michael Volpe under ERISA and LMRA to recover delinquent benefit fund contributions. Following the defendants' default, Magistrate Judge Steven M. Gold issued a Report and Recommendation (R&R) proposing that the plaintiff be awarded damages. The District Court, after reviewing the R&R and finding no clear error, concurred with its findings. Consequently, the court ordered TAG liable for a total of $77,089.54, encompassing unpaid contributions, bounced checks, interest, liquidated damages, attorney's fees, and costs. Additionally, Michael Volpe was found jointly and severally liable with TAG for $2,266.31 of these delinquencies, stemming from a prior settlement agreement.

Default JudgmentERISA ViolationLMRA ClaimDelinquent ContributionsBenefit FundsCollective Bargaining AgreementDamages AwardAttorney's FeesLiquidated DamagesPersonal Liability
References
26
Case No. MISSING
Regular Panel Decision
Aug 17, 2007

Watkins v. Input/Output, Inc.

Plaintiff Gaines Watkins sued Defendant Input/Output, Inc. for age discrimination under the ADEA after his termination at age 68. A jury found in Watkins' favor, awarding $450,000 in back pay and deeming I/O's conduct willful. Watkins moved for final judgment, seeking back pay, liquidated damages, reinstatement or front pay, attorneys' fees, costs, and post-judgment interest. The court granted back pay and an equal amount of liquidated damages totaling $900,000. Reinstatement was denied as unfeasible, and front pay was also denied, as the substantial liquidated damages were deemed sufficient to make the plaintiff whole. The court awarded adjusted attorneys' fees of $336,010.50 and costs of $34,475.07, reducing the requested amounts due to excessive billing and non-taxable items. Post-judgment interest was set at 4.78%.

Age DiscriminationADEAWillful ViolationBack PayLiquidated DamagesFront Pay DeniedReinstatement DeniedAttorneys' FeesCourt CostsPost-Judgment Interest
References
39
Case No. MISSING
Regular Panel Decision

Upstate New York Bakery Drivers and Industry Pension Fund v. Colony Liquor Distributors, Inc.

Plaintiff, Upstate New York Bakery Drivers and Industry Pension Fund, brought an action against Defendant, Colony Liquor Distributors, Inc., under ERISA, seeking $12,610 in delinquent fringe benefit contributions, along with interest, liquidated damages, and attorney's fees. The Court held oral argument on July 1, 1997, granting Plaintiff partial summary judgment for $10,494 in unpaid contributions, statutory interest, and liquidated damages, while denying Defendant's cross-motions. The remaining dispute concerned contributions for vacation leave from August 19, 1990, to December 31, 1991, which the Court resolved by granting partial summary judgment in favor of the Defendant, interpreting the collective bargaining agreement's Article XXII as unambiguously limiting contributions based on actual days worked. Consequently, the Plaintiff was awarded attorney's fees and costs, adjusted from the initial request. The final judgment ordered the Defendant to pay a total of $40,595.76, encompassing delinquent contributions, statutory interest, liquidated damages, and attorney's fees.

ERISAPension FundCollective Bargaining AgreementDelinquent ContributionsSummary JudgmentAttorney's FeesStatutory InterestLiquidated DamagesNorthern District of New YorkVacation Contributions
References
16
Case No. MISSING
Regular Panel Decision

Santana v. Latino Express Restaurants, Inc.

Plaintiff Lucero Santana sued Latino Express Restaurants, Inc. and Tommy Pimental for violations of FLSA, NYLL, WTPA, and NYCHRL, alleging unpaid minimum and overtime wages, failure to provide wage notices, and gender discrimination and retaliation. The Court granted Santana's motion for default judgment, finding the defendants liable for wage and hour violations, sexual harassment, and retaliation. Santana was awarded unpaid wages, liquidated damages, and WTPA damages. The Court referred the matter to a Magistrate Judge for an inquest into emotional distress damages related to the NYCHRL claims. The Court also addressed the non-cumulative nature of liquidated damages under FLSA and NYLL, but allowed prejudgment interest under NYLL.

Wage and Hour ViolationsFair Labor Standards Act (FLSA)New York Labor Law (NYLL)Wage Theft Prevention Act (WTPA)New York City Human Rights Law (NYCHRL)Gender DiscriminationSexual HarassmentRetaliationDefault JudgmentUnpaid Wages
References
37
Case No. MISSING
Regular Panel Decision
Feb 27, 2001

De Leon v. Trevino

Three farm workers, Armando DeLeon, Romero DeLeon, and Benigno Gomez, sued their employer, Mario Trevino, for unpaid minimum wages and liquidated damages under the Fair Labor Standards Act (FLSA) and for statutory damages under the Agricultural Worker Protection Act (AWPA). The plaintiffs worked for three days harvesting okra in May 1994 but were never paid. The Magistrate Judge issued a Report and Recommendation, advising to grant the plaintiffs' motion for summary judgment. The court adopted this recommendation, finding Trevino liable for unpaid wages and liquidated damages under FLSA, and statutory damages for four AWPA violations for each plaintiff. The court also awarded reasonable costs and attorneys' fees to the plaintiffs.

Summary JudgmentFLSAAWPAUnpaid WagesLiquidated DamagesFarm LaborAgricultural WorkersMinimum WageAttorney FeesStatutory Damages
References
9
Case No. 2022 NY Slip Op 07172
Regular Panel Decision
Dec 15, 2022

Seymour v. Hovnanian

This case involves a dispute between neighbors, the Seymours (now represented by their daughters, Gabriel North Seymour and Tryntje Van Ness Seymour) and the Hovnanians, over extensive damages to the Seymours' townhouse caused by the Hovnanians' large-scale renovation project next door. The project led to structural damage, lead dust contamination, and forced the Seymours to vacate their home permanently. A license agreement was executed, which included a liquidated damages clause for failure to obtain a temporary certificate of occupancy (TCO). The Appellate Division modified the Supreme Court's orders, reversing the striking of plaintiffs' jury demand and reinstating certain third-party claims for contribution and common-law indemnification. The court affirmed the award of liquidated damages and legal fees related to contract claims, while denying plaintiffs' summary judgment on nuisance and trespass claims, finding issues of fact remain.

Property DamageNuisanceTrespassBreach of ContractLiquidated DamagesAttorney FeesSummary JudgmentIndemnificationContributionJury Demand
References
22
Case No. 97-CV-836
Regular Panel Decision

Stott v. Revere Transducers, Inc.

Plaintiff Gary A. Stott sued Defendant Revere Transducers, Inc. for breach of an employment contract, seeking $64,902.50 in damages, including severance wages, unpaid commissions, liquidated damages, and attorney's fees under New York Labor Law § 198(l)(a). The defendant removed the case to federal court, asserting diversity jurisdiction based on the amount in controversy exceeding $75,000. Plaintiff moved to remand the case back to New York State Supreme Court, Cayuga County, arguing the jurisdictional amount was not met. The court found that the defendant failed to prove by a reasonable probability that the plaintiff's claims exceeded $75,000, even after accounting for the defendant's alleged under-calculation of liquidated damages and attorney's fees. Therefore, the court granted the plaintiff's motion and remanded the case.

Employment Contract BreachMotion to RemandDiversity JurisdictionAmount in ControversyLiquidated DamagesAttorney's FeesFederal Court JurisdictionState Court JurisdictionRemoval ActionLabor Law
References
9
Case No. MISSING
Regular Panel Decision

DAR & Associates, Inc. v. Uniforce Services, Inc.

Plaintiffs, consisting of DAR & Associates, Inc., its principals, and D.A.R. Temps, Inc., initiated a lawsuit against Uniforee Services, Inc. The core of the action sought a declaratory judgment that restrictive covenants and a liquidated damages provision in their contracts were unenforceable under New York law, alongside a breach of contract claim. In addressing cross-motions for partial summary judgment, the court found Uniforee possessed legitimate business interests warranting the protection of the restrictive covenants, deeming them reasonable in duration and geographic scope. Furthermore, the court upheld the enforceability of the liquidated damages clause, concluding that actual damages were difficult to ascertain at the time of contract and the agreed-upon sum was reasonable. Consequently, the plaintiffs' motion for partial summary judgment was denied, and the defendant's cross-motion was granted, effectively validating the contractual provisions at issue.

Restrictive CovenantsNon-compete ClauseNon-solicitation ClauseLiquidated DamagesBreach of ContractDeclaratory JudgmentSummary JudgmentFranchise AgreementLicensing AgreementUnfair Competition
References
60
Case No. MISSING
Regular Panel Decision

United States v. Sabhnani

This memorandum of decision addresses the restitution owed by Varsha Mahender Sabhnani and Mahender Murlidhar Sabhnani, who were convicted of forced labor, harboring aliens, conspiracy, peonage, and document servitude. The Court applies 18 U.S.C. § 1593, mandating restitution in such cases, and incorporates provisions of the Fair Labor Standards Act (FLSA). It determines that the victims, Samirah and Enung, did not reside in a 'home-like environment' with the defendants, negating FLSA exemptions for domestic workers regarding sleep and meal periods. The Court also finds that liquidated damages under the FLSA are compensatory and applicable to this criminal restitution case, rejecting the defendants' arguments about the statute of limitations and the need for a jury trial for damages. Ultimately, the Court awards Samirah $620,743.82 and Enung $315,802.40 in total restitution, including liquidated damages, based on detailed calculations of unpaid wages.

Forced LaborRestitutionFair Labor Standards ActPeonageDocument ServitudeAlien HarboringLiquidated DamagesEquitable TollingStatute of LimitationsDomestic Workers
References
12
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