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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

Integrated Construction Services, Inc. v. Scottsdale Insurance

Integrated Construction Services, Inc. (Integrated) purchased a commercial general liability policy from Scottsdale Insurance Company (Scottsdale). Integrated received delayed and initially incorrect notifications about a worker's injury. After clarifying details, Integrated notified Scottsdale, which denied coverage citing late notice. Integrated then filed a declaratory judgment action to compel Scottsdale to defend and indemnify it. Scottsdale's motion to dismiss the complaint was denied by the Supreme Court. On appeal, the order denying dismissal was affirmed, as Integrated adequately pleaded reasonable delay and Scottsdale's documentary evidence was insufficient to refute the claim.

Commercial General LiabilityInsurance PolicyDuty to DefendDuty to IndemnifyLate NoticeDeclaratory JudgmentMotion to DismissCPLR 3211(a)(1)CPLR 3211(a)(7)Documentary Evidence
References
10
Case No. MISSING
Regular Panel Decision

State Farm Mutual Automobile Insurance Co. v. Pender

This case involves a subrogation action initiated by an unnamed plaintiff (subrogee) to recover $15,200 in additional personal injury protection (APIP) benefits paid to its subrogor, Darci Plumbing Co., Inc., for an employee, Kareem Atkins. The defendants moved to dismiss the complaint based on documentary evidence, collateral estoppel, and res judicata, arguing that a prior Workers’ Compensation Board decision from November 24, 2008, which awarded Atkins basic economic loss benefits, was determinative. The plaintiff cross-moved for sanctions. The court found that APIP benefits, defined by 11 NYCRR 65-1.3, are distinct from statutory basic economic loss benefits and that an insured's subrogation rights for APIP are equitable, existing under common law. Therefore, the workers' compensation award was not res judicata, and the plaintiff was not precluded from asserting its subrogation rights for amounts paid in addition to the statutory basic economic loss. Consequently, the defendants' motion to dismiss was denied, and the plaintiff's cross-motion for sanctions was also denied.

SubrogationAPIP BenefitsPersonal Injury ProtectionWorkers' CompensationCollateral EstoppelRes JudicataMotion to DismissSanctionsNo-Fault LawInsurance Law
References
1
Case No. 01 CR 1121
Regular Panel Decision

Albanese v. United States

Elio Albanese, who pled guilty to conspiracy to commit robbery, filed a motion under 28 U.S.C. § 2255 to correct his sentence, alleging ineffective assistance of counsel. He claimed his attorney advised him to accept a plea agreement with a stipulated loss amount and failed to file a timely appeal regarding his Criminal History Category. The Court, presided over by Judge McMahon, denied the motion. The decision found that Albanese knowingly and voluntarily accepted the plea, and his claims of ineffective assistance regarding the loss amount were not supported by evidence or prejudice. Furthermore, his attorney affirmed that Albanese never instructed her to file an appeal.

Ineffective Assistance of Counsel28 U.S.C. § 2255Plea AgreementSentencing GuidelinesCriminal History CategoryHobbs Act RobberyConspiracySecond Circuit RemandFederal Rules of Criminal ProcedureStipulated Loss Amount
References
39
Case No. 2022 NY Slip Op 06969 [211 AD3d 1194]
Regular Panel Decision
Dec 08, 2022

Integrity Intl., Inc. v. HP, Inc.

Plaintiff, Integrity International, Inc., doing business as Tarrenpoint, sued defendants, HP, Inc., for breach of service agreements dating from 1994 to 2016, primarily concerning defendants' alleged failure to make timely payments and pay late fees. The Supreme Court partially granted defendants' motion for partial summary judgment, dismissing claims for breach of contract and breach of the implied duty of good faith and fair dealing as time-barred, and also dismissing claims for late fees, finding them not contemplated by the agreements. On appeal, the Appellate Division affirmed the Supreme Court's dismissal regarding late fees and the timeliness of breach of contract claims. However, the Appellate Division found triable issues of fact concerning whether defendants breached the implied covenant of good faith and fair dealing by diverting clients and workers. The court also held that limitation of liability clauses in the agreements were enforceable, precluding consequential damages but allowing for the recovery of general damages.

Contract DisputeTimely PaymentLate FeesSummary JudgmentStatute of LimitationsImplied CovenantGood Faith and Fair DealingLimitation of LiabilityConsequential DamagesGeneral Damages
References
28
Case No. Dkt. No. 830
Regular Panel Decision

Ajemian v. United States

Petitioner Peter Ajemian filed a pro se motion under 28 U.S.C. Section 2255 to vacate, set aside, or correct his conviction and sentence related to a fraud scheme involving the Long Island Railroad and federal disability benefits. Ajemian argued actual innocence, ineffective assistance of counsel, that his plea agreement was negotiated in bad faith or under duress, and that his sentence calculation was erroneous due to newly discovered evidence. The court largely denied Ajemian's claims as time-barred or waived by his plea agreement. However, the court found "substantial questions" regarding the amount of loss suffered by the LIRR in light of alleged newly discovered evidence. Consequently, the motion was denied in part, and a hearing was ordered to address the issue of resentencing based on loss calculation.

Habeas Corpus28 U.S.C. Section 2255Ineffective Assistance of CounselActual InnocencePlea Agreement WaiverSentence CalculationFraud SchemeRailroad Retirement BoardPost-Conviction ReliefResentencing Hearing
References
30
Case No. MISSING
Regular Panel Decision

Claim of Von Maack v. Wyckoff Heights Medical Center

This document addresses a procedural matter where a motion for reargument of a previous motion for leave to appeal was considered by the court. The outcome of this specific motion was a denial. Notably, Judge Feinman indicated that he took no part in the decision-making process for this particular motion. The text also references a prior related case decided in 2017.

ReargumentLeave to AppealMotion DeniedAppellate ProcedureRecusal
References
1
Case No. MISSING
Regular Panel Decision

Pom Wonderful LLC v. Organic Juice USA, Inc.

Plaintiff POM Wonderful LLC ("Pom") and defendant Organic Juice, Inc. ("Organic Juice") are competing purveyors of bottled pomegranate juice involved in a dispute over false advertising and deceptive marketing practices. Pom initiated the lawsuit, alleging Organic Juice violated federal and state laws by selling "adulterated" juice falsely labeled as "100% pure." Organic Juice counterclaimed, accusing Pom of deceptively marketing its juice made from concentrate and making unsubstantiated health claims, even adding elderberry juice concentrate from 2002 to 2008. The court considered three motions: Pom's motion for summary judgment on Organic Juice's counterclaims, Organic Juice's motion for partial summary judgment on the same, and Pom's motion to dismiss Organic Juice's amended counterclaims. The court denied all three motions, finding that despite alleged methodological flaws, consumer surveys demonstrating potential confusion regarding Pom's advertisements were admissible. Furthermore, the court ordered Pom to pay Organic Juice's costs and attorney's fees related to the motion to dismiss, deeming that particular motion frivolous.

False AdvertisingLanham ActSummary JudgmentConsumer ConfusionSurvey EvidenceBrand MarketingJuice LabelingConcentrateElderberryHealth Claims
References
23
Case No. MISSING
Regular Panel Decision

Mayer v. Oil Field Systems Corp.

Elfriede Mayer sued Oil Field Systems Corp. (OFS) and Integrated Energy Inc. (Integrated) alleging securities and common law fraud. Mayer, a limited partner in Mark Energy Partnerships (MEP), claimed misallocation of Integrated stock and insufficient disclosure regarding its arbitrary $10/share valuation, which affected partnership payouts. She also asserted misleading statements about an underwriter and stock performance. Defendants moved for summary judgment, arguing Mayer was not deceived. The court found that Mayer had actual knowledge of the facts allegedly withheld, including the arbitrary stock valuation and the method of determining payout, through various disclosures provided by OFS and Integrated. Concluding that no deception occurred, a prerequisite for federal securities claims, the court granted the defendants' motion for summary judgment and dismissed the case, also declining jurisdiction over related state law claims.

Securities FraudCommon Law FraudLimited PartnershipStock ValuationSummary JudgmentMisallocation of SharesDisclosure RequirementsMaterial FactFiduciary DutyFederal Securities Laws
References
18
Case No. MISSING
Regular Panel Decision

Claim of Francis v. Jewelry Box Corp. of America

This document concerns a motion for reargument of a motion for leave to appeal. The motion was denied. The decision references an earlier case cited as 26 NY3d 981 from 2015. It is noted that Chief Judge DiFiore and Judge Garcia did not participate in this ruling.

Motion for ReargumentLeave to AppealDenied MotionAppellate ProcedureJudicial Review
References
1
Case No. MISSING
Regular Panel Decision

Claim of Clark v. New York City Transit Authority

The motion seeking leave to appeal from the Appellate Division order denying appellant’s motion to vacate and the Appellate Division order denying appellant’s motion for leave to appeal to the Court of Appeals was dismissed. The dismissal was based on the ground that the said orders do not finally determine the proceeding within the meaning of the Constitution. The motion for leave to appeal was otherwise denied.

Leave to appealAppellate DivisionMotion to vacateCourt of AppealsDismissedFinal determinationConstitutional interpretationMotion denied
References
0
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