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

Case No. 05 Civ. 606
Regular Panel Decision

Thomas v. Istar Financial, Inc.

Plaintiff Kenneth Thomas sued iStar Financial, Inc. and Ed Baron for race discrimination, hostile work environment, and retaliation under Title VII and the NYCHRL. Defendants sought summary judgment on all claims, citing Thomas's poor performance and denying discriminatory intent. The Court granted summary judgment for defendants on Thomas's hostile work environment, disparate treatment, and certain retaliation claims (continuing hostile work environment, threats, reprimands, and negative references). However, the Court denied summary judgment on Thomas's claims for discriminatory termination and retaliation in the form of termination, finding that genuine issues of material fact precluded a full dismissal.

Race DiscriminationRetaliationHostile Work EnvironmentTitle VII ClaimsNYCHRL ClaimsSummary Judgment MotionEmployment DiscriminationDisparate TreatmentWrongful TerminationFederal Litigation
References
66
Case No. 71 Civ. 2877
Regular Panel Decision
Dec 21, 1990

Equal Employment Opportunity Commission v. Local 580

The Equal Employment Opportunity Commission (EEOC) sought to enforce subpoenas against entities related to defendants Local 580 and AJEF to uncover their true financial condition. The defendants claimed financial impossibility in complying with a consent judgment regarding discrimination. After a Special Master's initial denial of discovery for certain years was overturned by the court, the defendants and non-parties moved to vacate the Special Master's revised order and dismiss EEOC's appeal, citing procedural irregularities. The court denied their motion, affirming the relevance of the financial records and rejecting their procedural arguments, as well as denying a request for interlocutory appeal certification and a stay of production.

Employment DiscriminationContempt of CourtConsent Judgment EnforcementDiscovery DisputeSubpoena Duces TecumSpecial Master AuthorityFederal Rules of Civil ProcedureInterlocutory AppealUnion FinanceApprenticeship Programs
References
7
Case No. MISSING
Regular Panel Decision

Pronti v. CNA Financial Corp.

Plaintiff Thomas J. Pronti sued CNA Financial Corporation and CNA Retirement Plan (collectively, "Defendants") alleging misrepresentations regarding his pension benefits. Pronti claimed his benefits were wrongfully calculated because his prior service with Continental Insurance Company was not credited under the CNA Plan, despite alleged representations to the contrary. Pronti brought claims for benefits, breach of fiduciary duty, breach of contract, and estoppel. The Court granted Defendants' motion to dismiss the breach of fiduciary duty claim, finding it duplicated the claim for benefits under ERISA, and the breach of contract claim, finding it preempted by ERISA. However, the Court denied Defendants' motion to dismiss the promissory estoppel claim, concluding that Pronti had sufficiently alleged a promise, reliance, injury, injustice, and "extraordinary circumstances" under ERISA's federal common law.

ERISAPension BenefitsFiduciary DutyBreach of ContractPromissory EstoppelMotion to DismissPreemptionEmployee BenefitsRetirement PlanBenefit Accrual
References
29
Case No. MISSING
Regular Panel Decision

Greenwich Financial Services Distressed Mortgage Fund 3, LLC v. Countrywide Financial Corp.

Plaintiffs Greenwich Financial Services Distressed Mortgage Fund 3, LLC and QED LLC filed a putative class action against Countrywide Financial Corporation and its subsidiaries. Plaintiffs, who hold mortgage-backed securities, claimed that Countrywide's modifications to mortgage loans, stemming from a settlement with state Attorneys General, obligate Countrywide to repurchase these loans as per the Pooling and Servicing Agreements. Countrywide removed the case to federal court, asserting jurisdiction under the Class Action Fairness Act (CAFA) and 28 U.S.C. § 1331, arguing that the claims involved substantial federal questions under the Truth-in-Lending Act (TILA). The Court, under Judge Richard J. Holwell, concluded that neither CAFA's securities-related exception nor TILA provided the necessary grounds for federal subject matter jurisdiction. As a result, the plaintiffs' motion to remand the case to state court was granted.

RemandSubject Matter JurisdictionClass Action Fairness ActTruth-in-Lending ActMortgage-Backed SecuritiesPooling and Servicing AgreementsFederal Question JurisdictionState Law ClaimsContract InterpretationPredatory Lending
References
21
Case No. MISSING
Regular Panel Decision
May 15, 2006

Land Master Montg I, LLC v. Town of Montgomery

In this case, petitioners Land Master and Roswind Farmland Corp. challenged the Town of Montgomery's new Comprehensive Plan and Local Laws 4 and 5, arguing they constituted unlawful exclusionary zoning and violated the State Environmental Quality Review Act (SEQRA). The court, presided over by Judge Joseph G. Owen, granted the petitioners' motion regarding these claims, declaring the local laws null and void. The decision highlighted the Town's failure to adequately consider local and regional affordable housing needs and to undertake a thorough environmental review. While some of the petitioners' other claims were dismissed, they were awarded attorneys' fees. The court ordered the reinstatement of petitioners' land use applications under the prior zoning laws.

Zoning LawExclusionary ZoningAffordable HousingState Environmental Quality Review Act (SEQRA)Comprehensive PlanLocal LegislationLand Use PlanningMulti-Family HousingTraffic ImpactJudicial Review
References
19
Case No. MISSING
Regular Panel Decision

Americredit Financial Services, Inc. v. Oxford Management Services

AmeriCredit Financial Services, Inc. (AmeriCredit) commenced an action to confirm an arbitration award against Oxford Management Services (OMS). OMS cross-moved to vacate the award, alleging the arbitrator exceeded his powers by dismissing a counterclaim and manifestly disregarded the law. The arbitrator had dismissed OMS's counterclaim for spoilation of evidence. The Court affirmed the arbitrator's decision, finding he did not exceed his authority under the RSA by dismissing the counterclaim or by interpreting the contract terms regarding account termination. The Court also found no manifest disregard for the law, concluding the arbitrator's decision was rationally supported by the record. Consequently, AmeriCredit's motion to confirm the award was granted, and OMS's motion to vacate was denied.

Arbitration Award ConfirmationArbitration Award VacaturFederal Arbitration ActManifest Disregard of LawArbitrator PowersSpoilation of EvidenceContract InterpretationCollection Agency DisputeSummary ProceedingJudicial Review of Arbitration
References
41
Case No. 80 Civil 4699
Regular Panel Decision
Sep 17, 1982

Wallace v. INTERN. ORGANIZATION OF MASTERS, ETC.

Plaintiff Oscar L. Wallace sued the International Organization of Masters, Mates and Pilots and its Ex. President Capt. Robert J. Lowen after his application for union membership was denied. He alleged wrongful denial of admission, termination of applicant status, denial of due process, equal protection violations, refusal to refer to job assignments, violation of his right to sue, conspiracy, and racial discrimination. The court dismissed most of his claims, including those based on alleged membership rights and civil rights violations, finding he had no vested right to membership and failed to show state action or a conspiracy. However, the court denied the motion to dismiss the claim for breach of fair representation, acknowledging the union's duty to an applicant regarding job referrals.

Union MembershipFair RepresentationDue ProcessCivil RightsFederal JurisdictionMotion to DismissLabor LawConspiracyRacial DiscriminationEmployment Rights
References
38
Case No. MISSING
Regular Panel Decision

In Re Millennium Global Emerging Credit Master Fund Ltd.

This memorandum addresses a dispute between the Liquidators of two Bermuda-based investment funds (Master Fund and Feeder Fund) and BCP Securities LLC. The Liquidators sought to compel BCP to produce documents concerning the Funds' financial affairs and assets, following the U.S. Bankruptcy Court's recognition of the Bermuda liquidation proceedings under Chapter 15. BCP resisted discovery, arguing lack of nexus to U.S. property, the pending proceeding rule concerning a U.K. arbitration (to which BCP is not a party), and the Stored Communications Act. Additionally, BCP filed a separate motion to vacate the recognition order, despite having an appeal on the same matter pending in the District Court. The Court granted the Liquidators' motion to compel discovery, finding the requested documents directly relevant under 11 U.S.C. § 1521(a)(4), and dismissed BCP's motion to vacate for lack of jurisdiction due to the ongoing appeal.

BankruptcyChapter 15Foreign Main ProceedingForeign Nonmain ProceedingDiscoveryDocument ProductionRule 2004Stored Communications ActAppealJurisdiction
References
14
Case No. MISSING
Regular Panel Decision

Opn. No.

This legal opinion addresses whether cost-of-living adjustments paid by the New York City Transit Authority (TA) to its employees, represented by the Transport Workers Union of America (TWU), are subject to suspension under the wage freeze provisions of the Financial Emergency Act for the City of New York. The Act, enacted in 1975 to address the city's fiscal crisis, includes the TA as a 'covered organization' whose salary and wage increases are suspended. The opinion concludes that cost-of-living adjustments constitute 'salary or wages' based on common interpretation and legal precedents. Therefore, the opinion holds that such payments by the TA would violate the Act's wage freeze mandate, aligning with the legislative intent to prevent the city's financial collapse.

Wage freezeCost-of-living adjustmentsFinancial Emergency ActNew York City fiscal crisisPublic employeesCollective bargainingStatutory interpretationEmergency powersGovernmental entitiesEconomic stabilization
References
11
Case No. ADJ2522892 (ANA 0394094)
Regular
Mar 03, 2009

DONNA SMITH vs. MASTER FINANCIAL, INC., MIDCENTURY INSURANCE COMPANY

This case involves an admitted industrial injury to the applicant's upper extremities, with the Workers' Compensation Appeals Board (WCAB) granting reconsideration of a previous award. The WCAB rescinded the original award due to the trial judge's failure to rule on the defendant's objection to the admissibility of a key medical report. The admissibility of this report, which reviewed an inadmissible prior opinion, is central to determining permanent disability and related benefits like a supplemental job displacement voucher. The case is returned to the trial level for an express ruling on the report's admissibility and further proceedings on the remaining issues.

Workers' Compensation Appeals BoardReconsiderationFindings of Fact and AwardIndustrial InjuryUpper ExtremitiesBankruptcy ManagerMaster FinancialMid-Century Insurance CompanyPermanent DisabilitySupplemental Job Displacement Voucher
References
4
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