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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Geltzer v. Artists Marketing Corp. (In Re Cassandra Group)

Robert L. Geltzer, the Chapter 7 Trustee for The Cassandra Group, initiated this action to avoid a $300,000 transfer from the Debtor to Artists Marketing Corporation (AMC), Lawrence E. Bathgate, and The Bathgate Group. The Trustee alleged the transfer constituted a fraudulent conveyance under the Bankruptcy Code and New York Debtor and Creditor Law, and also sought recovery for unjust enrichment. The court found that The Cassandra Group was insolvent at the time of the transfer and that the transfer lacked fair consideration and good faith. The defendants, AMC, Bathgate, and The Bathgate Group, were deemed to have benefited from the transfer despite their role in allowing a key celebrity (DiCaprio) to rescind an agreement without legal basis, which contributed to the failure of the AMC venture. Consequently, the court ruled that the $300,000 transfer is avoidable and awarded prejudgment interest to the Trustee.

BankruptcyFraudulent ConveyanceConstructive FraudIntentional FraudUnjust EnrichmentInsolvent DebtorPrejudgment InterestChapter 7New York Debtor and Creditor LawEscrow Agreement
References
28
Case No. MISSING
Regular Panel Decision
Nov 08, 2012

Rueda v. Elmhurst Woodside, LLC

The plaintiff appealed an order from the Supreme Court, Queens County, which granted summary judgment to the defendant Make Up Shop, dismissing the complaint and cross claims for indemnification. The appellate court dismissed the appeal concerning the cross claims because the appellant was not aggrieved by that portion of the order. The order was affirmed insofar as reviewed, based on the plaintiff's prior acceptance of Workers' Compensation benefits totaling $100,096.16. The court determined that accepting these benefits constituted an election of remedies, thereby barring the plaintiff from pursuing a separate common-law action against her uninsured employer, Make Up Shop, under the finality and exclusivity provisions of the Workers’ Compensation Law.

Personal InjuryWorkers' Compensation LawElection of RemediesSummary JudgmentAppellate DivisionUninsured EmployerExclusivity DoctrineDamages RecoveryJudicial ReviewCourt Order
References
6
Case No. 2021 NY Slip Op 02769 [195 AD3d 140]
Regular Panel Decision
May 04, 2021

Robinson v. Great Performances/Artists as Waitresses, Inc.

This class action sought unpaid gratuities under Labor Law § 196-d. The central question was whether an employer has a right to contractual indemnification from a third party for claims brought under this statute. The court determined that contractual indemnification in this context is against public policy, citing similar rulings on other labor laws like the FLSA. The Supreme Court had dismissed the third-party complaint, and this appellate decision affirmed that dismissal, stating that allowing such indemnification would undermine employers' willingness to comply with their statutory obligations.

unpaid gratuitiesLabor Lawcontractual indemnificationpublic policyemployer liabilitywage violationsFair Labor Standards Act (FLSA)third-party claimsclass actionappellate review
References
12
Case No. MISSING
Regular Panel Decision

In Re Pollock

This case concerns a joint motion for declaratory judgment filed by Jerome Pollock, Jr. Stone Artist, Inc., a Chapter 11 debtor, and the New York State Department of Labor (DOL). Stone Artist contended that a DOL Order to Comply, issued due to alleged unpaid overtime wages, violated the automatic stay in bankruptcy. The DOL argued its action was permissible under the police and regulatory powers exception of 11 U.S.C. § 362(b)(4). The court analyzed the applicability of the police powers exception using both the pecuniary purpose and public policy tests. It concluded that the DOL's enforcement action to fix damages for labor law violations satisfied both tests, and an explicit demand for injunctive relief was not required. Consequently, the court ruled that the DOL's issuance of the Order to Comply was properly excepted from the automatic stay.

BankruptcyAutomatic StayPolice Powers ExceptionDeclaratory JudgmentLabor LawOvertime WagesGovernmental EnforcementPecuniary TestPublic Policy TestNew York Labor Law
References
17
Case No. MISSING
Regular Panel Decision

American Federation of Television & Radio Artists v. Benton & Bowles, Inc.

The plaintiff, American Federation of Television and Radio Artists, AFL-CIO (AFTRA), initiated this action to vacate and modify a portion of an arbitration award against Benton & Bowles, Inc. (B&B). The dispute centered on performer compensation for rebroadcasts of the 'Texas' soap opera on a hybrid free TV/basic cable system, a scenario not explicitly covered by their collective bargaining agreement (TV Code), and B&B's unauthorized editing of the program. The arbitration panel found B&B violated the TV Code by editing without AFTRA's consent and fashioned a compensation remedy. The District Court affirmed the arbitrators' compensation award, finding it a plausible solution to an unforeseen contractual gap. However, the court vacated the part of the award that implicitly permitted continued unauthorized editing, ruling that this exceeded the arbitrators' contractual authority, and remanded the case for modification to enjoin B&B from further unauthorized editing.

Labor disputeArbitration awardCollective bargaining agreementTV CodeRebroadcast feesEditing rightsArbitrator authorityJudicial reviewContract interpretationSummary judgment
References
6
Case No. MISSING
Regular Panel Decision

Theatre Techniques, Inc. v. United Scenic Artists Local 829 of Brotherhood of Painters & Allied Trades

This case addresses an application by the defendants, United Scenic Artists, Local 829, seeking clarification of a prior court order. The defendants requested a finding that the status of their designer members as independent contractors is irrelevant to the ongoing litigation, which involves antitrust claims. The plaintiff alleges that these designer members, who are independent contractors, effectively control the Local and conspired with New York City scenic shops to restrict the scenery construction market, thereby violating the Sherman Act. The court denied the defendants' specific request for clarification, ruling that the status of the designer members is indeed relevant to determining the Local's eligibility for labor exemptions under antitrust laws. This decision emphasizes that a union's antitrust immunity can be jeopardized if it is found to be controlled by independent businessmen pursuing anticompetitive objectives, and the issue of the designers' status is to proceed to trial.

Antitrust LawLabor ExemptionIndependent ContractorsUnion ControlSherman ActCollective BargainingMarket AllocationScenic ArtistsLocal 829Unfair Labor Practices
References
10
Case No. MISSING
Regular Panel Decision

Midori Hosokawa v. Screen Actors Guild-American, Federation of Television & Radio

Plaintiff Midori Hosokawa, proceeding pro se, filed a lawsuit against Screen Actors Guild-American Federation of Television and Radio Artists (SAG-AFTRA) and its New York Local. She alleged breaches of SAG-AFTRA's duty of fair representation and its constitution, stemming from the Union's refusal to pursue her "upgrade" claims for compensation as a principal performer in a Verizon Droid commercial. SAG-AFTRA repeatedly informed Hosokawa that her claims were closed and warned her about persistent contact. Hosokawa's prior unfair labor practice charges with the NLRB were dismissed. The District Court granted SAG-AFTRA's motion to dismiss, ruling that the duty of fair representation claims were time-barred by the six-month statute of limitations, and the breach of constitution claims were either time-barred or lacked evidence of an actual breach.

Duty of Fair RepresentationLabor LawMotion to DismissStatute of LimitationsEquitable TollingUnion ConstitutionBreach of ContractPro Se PlaintiffSAG-AFTRAFederal Court
References
29
Case No. ADJ3588884 (FRE 0222309) ADJ4330880 (FRE 0223217)
Regular
Feb 22, 2011

ENEDELIA LUNA vs. FRESNO UNIFIED SCHOOL DISTRICT, UNITED ARTISTS THEATRE CIRCUIT; AMERICAN MOTORISTS INSURANCE COMPANY, Administered By BROADSPIRE

This case concerns American Motorists Insurance Company's petition for reconsideration of a Joint Findings and Award. The original award addressed two admitted industrial injuries sustained by the applicant, one against Fresno Unified School District (FUSD) and another against United Artists Theatre Circuit, insured by American Motorists. The petition specifically challenges the WCJ's failure to incorporate a stipulated liability apportionment between the defendants into the award. The Appeals Board denied the petition, ruling that the WCJ correctly deferred the issue of contribution between co-defendants, as they remain jointly and severally liable to the applicant.

Petition for ReconsiderationJoint Findings and AwardSpecial Education Teacher's AideCumulative InjuryBilateral Upper ExtremitiesPermanent DisabilityFurther Medical TreatmentPermissibly Self-InsuredStipulated Percentage of LiabilityContribution Between Co-Defendants
References
5
Case No. MISSING
Regular Panel Decision
Nov 29, 2017

Katsoris v. WME IMG, LLC

Plaintiffs Nick Katsoris and the Loukoumi Make a Difference Foundation, Inc. initiated a copyright infringement lawsuit against WME, IMG, LLC, IMG Productions, LLC, and Viacom Inc. The core of the dispute revolved around a work-for-hire agreement for a TV special featuring Katsoris's character 'Loukoumi,' and allegations that Viacom, in collaboration with IMG, subsequently developed a similar show, All In with Cam Newton, after rejecting Plaintiffs' pitch. The court addressed motions to dismiss and Plaintiffs' motion to compel arbitration. The court granted the motion to compel arbitration against WME IMG and IMG Productions, LLC, reasoning that the incorporation of AAA Rules in their agreement delegated arbitrability to the arbitrator. However, the court denied compelling Viacom to arbitrate, finding no direct contractual link or direct benefit exploited by Viacom. Consequently, the court stayed all claims against all defendants, pending the outcome of the arbitration with IMG.

Copyright InfringementArbitration AgreementFederal Arbitration ActWaiver of ArbitrationArbitrabilityEstoppelMotion to CompelStay of LitigationWork-for-Hire ContractAAA Commercial Arbitration Rules
References
48
Case No. MISSING
Regular Panel Decision

In re the Claim of Hooghkirk

The claimant, a make-up artist, was terminated from her employment at a photography studio after repeatedly complaining about a co-worker in the presence of customers, despite prior warnings. The Unemployment Insurance Appeal Board subsequently denied her application for unemployment insurance benefits, concluding that her termination was due to misconduct. The appellate court reviewed the Board's decision and found it to be supported by substantial evidence, consequently affirming the denial of benefits.

Unemployment InsuranceMisconductEmployment TerminationAppeal BoardSubstantial EvidenceWorkplace ConductBenefit DisqualificationMake-up Artist
References
0
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