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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

Astra Media Group, LLC v. Clear Channel Taxi Media, LLC

Plaintiff Astra Media Group, LLC sued defendants Clear Channel Taxi Media, LLC and the New York City Taxi and Limousine Commission (TLC) alleging federal and state antitrust violations, discrimination, and tortious interference. Astra claimed Clear Channel conspired with the TLC to ban its four-sided taxi rooftop advertising, engaged in predatory pricing, filed baseless lawsuits, and destroyed property. The court granted Clear Channel's motion to dismiss the antitrust and tortious interference claims, citing lack of plausible allegations and immunity under the Noerr-Pennington doctrine. The TLC's motion for summary judgment on the discrimination claim was also granted due to Astra's failure to provide specific supporting facts. The court consequently dismissed the complaint in its entirety.

Antitrust LawSherman ActDonnelly ActTortious InterferencePredatory PricingNoerr-Pennington DoctrineEqual Protection ClauseMotion to DismissSummary JudgmentTaxi Advertising Regulation
References
55
Case No. MISSING
Regular Panel Decision

North Jersey Media Group Inc. v. Fox News Network, LLC

New Jersey Media Group (NJMG) sued Fox News Network (Fox News) for copyright infringement of its "9/11 Photograph" in two consolidated actions (Photo Claims). Fox News counterclaimed against NJMG for copyright infringement and false endorsement regarding three video clips displayed on NJMG's website (Video Counterclaims). NJMG then filed a Third Party Complaint against Daily Caller, Inc. and News Distribution Network, Inc. (NDN) seeking indemnification for Fox News’ counterclaims (Indemnification Claims). Third Party Defendants, joined by NJMG, moved to sever the Video Counterclaims and Indemnification Claims from the Photo Claims. The Court granted the motion to sever, finding that the claims did not arise from the same transaction or occurrence, presented different questions of fact, had minimal overlap in witnesses and documentary proof, and while settlement was not necessarily facilitated, judicial economy and avoidance of prejudice favored severance.

Copyright InfringementSeverance of ClaimsFederal Rules of Civil Procedure Rule 21Judicial EconomyPrejudiceLanham ActIndemnification ClaimsThird-Party ComplaintConsolidated ActionsFair Use Defense
References
27
Case No. Motion sequence Nos. 002 and 005
Regular Panel Decision

UMG Recordings, Inc. v. Escape Media Group, Inc.

UMG Recordings, Inc. sued Escape Media Group, Inc. for common-law copyright infringement and unfair competition. Escape asserted DMCA safe harbor and CDA preemption defenses, along with Donnelly Act and tortious interference counterclaims. The court denied UMG's motion to dismiss the DMCA safe harbor defense, ruling it applies to pre-1972 recordings. However, the court granted UMG's motion to dismiss the CDA preemption defense, clarifying that the CDA's intellectual property exemption covers both federal and state laws. Additionally, Escape's Donnelly Act counterclaim was dismissed, but UMG's motions to dismiss the tortious interference counterclaims were denied, rejecting defenses like the Noerr-Pennington doctrine and economic interest.

Copyright InfringementDMCA Safe HarborPre-1972 RecordingsUnfair CompetitionCommunications Decency ActTortious InterferenceDonnelly ActNew York Common LawInternet Service ProvidersAntitrust
References
34
Case No. 2020 NY Slip Op 07168 [189 AD3d 785]
Regular Panel Decision
Dec 02, 2020

Fernandez v. Conklin

The plaintiff, Daniel N. Fernandez, commenced an action to recover damages for personal injuries after being struck by a vehicle operated by Earl E. Conklin, who had just completed delivering newspapers for Local Media Group, Inc. The plaintiff sought to recover damages from Local Media Group, Inc., under the doctrine of respondeat superior. Local Media Group, Inc. moved for summary judgment, arguing it was not Conklin's employer. The Supreme Court denied the motion. The Appellate Division, Second Department, affirmed the Supreme Court's order, finding that the defendant failed to establish, prima facie, that it had no relationship with Conklin or that Conklin was an independent contractor.

Personal InjuryRespondeat SuperiorIndependent ContractorSummary JudgmentVicarious LiabilityAppellate ReviewOrange CountyNewspaper DeliveryEmployer-Employee RelationshipScope of Employment
References
7
Case No. MISSING
Regular Panel Decision

Dewan v. Blue Man Group Limited Partnership

Plaintiff Brian Dewan, a musician, sued the Blue Man Group entities and individuals, seeking a declaration of co-authorship for musical compositions used in their "Blue Man Group: Tubes" performance and damages for state law claims. Dewan claimed he collaborated with the defendants in composing music for the show and was repeatedly assured of his co-authorship rights and that an agreement would be formalized, but it never materialized. Defendants moved to dismiss, arguing the co-authorship claim under the Copyright Act was time-barred. The court found that Dewan's equitable estoppel argument was unreasonable after late 1993 or 1994, as he had sufficient notice that a lawsuit was necessary. Consequently, the court dismissed the federal co-authorship claim due to the expiration of the statute of limitations and declined to exercise supplemental jurisdiction over the remaining state law claims.

Copyright ActCo-authorshipStatute of LimitationsEquitable EstoppelMotion to DismissFederal JurisdictionState Law ClaimsMusical CompositionsCollaborationDeclaratory Judgment
References
11
Case No. 06 Civ. 0822(RJH)
Regular Panel Decision

Vanamringe v. Royal Group Technologies Ltd.

This Memorandum Opinion and Order addresses two consolidated securities fraud actions against Royal Group Technologies Limited and its officers and directors. The plaintiffs, known as the 'Snow Group', allege a fraudulent scheme involving false and misleading statements to inflate Royal Group's stock price, violating Sections 10(b) and 20(a) of the Exchange Act. The Court consolidated the two actions, Vanamringe v. Royal Group Technologies Limited and Messinger v. Royal Group Technologies Limited, under the caption In re Royal Group Technologies Securities Litigation. The Snow Group's motion for appointment as lead plaintiff was granted, as they demonstrated the largest financial interest and satisfied Rule 23 requirements for typicality and adequacy. The Court also approved the Snow Group's selection of Lerach Coughlin Stoia Geller Rudman & Robbins LLP and Labaton Sucharow & Rudoff LLP as co-lead counsel for the class.

Securities FraudClass ActionLead PlaintiffConsolidationPSLRAFederal Rules of Civil Procedure Rule 23Corporate FraudStock ManipulationInvestor ProtectionExchange Act
References
8
Case No. MISSING
Regular Panel Decision

Fioranelli v. News Building Corp.

Anthony Fioranelli sued News Building Corporation for injuries sustained during employment. The defendant sought dismissal, arguing that Workers' Compensation was the exclusive remedy because News Building Corporation was effectively the plaintiff's employer, New York News, Inc., due to corporate merger. Prior motions to dismiss on these grounds were denied on procedural issues. This court, however, found that New York News, Inc. was indeed the building's owner at the time of the accident under Business Corporation Law § 906(b)(2). Consequently, the court ruled that Workers' Compensation Law § 11 provided the plaintiff's sole remedy, dismissing the action against the defendant.

Workers' Compensation exclusivityCorporate mergerBuilding ownershipCPLR dismissal motionLaw of the Case doctrineBusiness Corporation LawEmployer liabilityPersonal injury claimProcedural lawSubstantive law
References
5
Case No. MISSING
Regular Panel Decision
Oct 31, 2002

O'Gorman v. Journal News Westchester

Plaintiffs Dennis O'Gorman and his wife sued Jean Alcenat for personal injuries after a vehicle collision. They later added Journal News Westchester as a defendant, asserting vicarious liability as Alcenat was delivering newspapers for them. The plaintiffs moved for partial summary judgment, arguing collateral estoppel based on a Workers' Compensation Board (WCB) determination that Alcenat was an employee of Journal News. Journal News opposed, arguing Alcenat was an independent contractor and the WCB's finding wasn't dispositive for vicarious liability. The Supreme Court denied both motions, and the plaintiffs appealed the denial of their partial summary judgment motion. The appellate court affirmed, finding that the WCB's determination of an employer-employee relationship was a mixed question of law and fact, not purely evidentiary, and therefore not entitled to preclusive effect for vicarious liability purposes.

Collateral EstoppelVicarious LiabilityEmployer-Employee RelationshipIndependent ContractorWorkers' Compensation BoardSummary JudgmentAppellate ReviewMixed Question of Law and FactAdministrative Agency DeterminationPersonal Injury
References
15
Case No. 1:10-cv-03461-PAC
Regular Panel Decision

Richman v. Goldman Sachs Group, Inc.

This Memorandum and Order addresses six consolidated class actions against Goldman Sachs & Co. and its officers and directors, alleging violations of the Securities Exchange Act of 1934. The plaintiffs claim the defendants made false and misleading statements regarding a collateralized debt obligation (CDO) security and failed to disclose a Wells notice from the SEC and a subsequent criminal investigation, which led to a significant drop in Goldman Sachs' stock price. The Court consolidated the actions and proceeded to determine the 'most adequate plaintiff' to serve as lead plaintiff under the Private Securities Litigation Reform Act (PSLRA). After evaluating several contenders and applying the four *Lax* factors for financial interest, the Court designated the Pension Group as the lead plaintiff. The Pension Group comprises the Arkansas Teachers Retirement System, the West Virginia Investment Management Board, and the Plumbers and Pipefitters Pension Group, and their selection of Robbins Geller Rudman & Dowd, LLP and Labaton Sucharow, LLP as co-lead counsels was approved.

Securities LitigationClass ActionLead Plaintiff AppointmentPSLRAConsolidation of CasesFinancial InterestRule 23 RequirementsMisleading StatementsCollateralized Debt Obligation (CDO)Goldman Sachs
References
15
Case No. 2023 NY Slip Op 02549 [216 AD3d 833]
Regular Panel Decision
May 10, 2023

Santiago v. Hanley Group, Inc.

David Santiago, a construction worker, was allegedly injured after falling from a roof while performing construction work. He and his wife initiated a lawsuit against the general contractor, Hanley Group, Inc., asserting, among other claims, a violation of Labor Law § 240 (1) for failure to provide adequate safety devices. The Supreme Court, Westchester County, granted the plaintiffs' motion for summary judgment on the issue of liability on the Labor Law § 240 (1) cause of action against Hanley Group, Inc. Hanley Group, Inc. appealed, contending that it had complied with its statutory duty or that Santiago's conduct was the sole proximate cause of his injuries, or that he was a recalcitrant worker. The Appellate Division, Second Department, found that the defendant failed to raise a triable issue of fact on any of its contentions and therefore affirmed the lower court's order.

Personal InjuryLabor Law § 240 (1)Summary JudgmentAppellate ReviewConstruction AccidentFall from HeightRecalcitrant Worker DefenseSole Proximate CauseGeneral Contractor LiabilitySafety Devices
References
6
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