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

Case No. Bankruptcy No. 06 B 22306(ASH), Adversary No. 06-08293A
Regular Panel Decision
Feb 23, 2007

In Re Bayou Group, LLC

This case concerns motions to dismiss ninety-five adversary proceedings filed by Bayou Superfund, LLC, Bayou No Leverage Fund, LLC, and Bayou Accredited Fund, LLC (collectively, Bayou Hedge Funds), debtors-plaintiffs, against investors for alleged fraudulent conveyances. The plaintiffs assert that their pre-petition principals operated a massive Ponzi scheme, falsifying financial reports and using new investor funds to make redemption payments to earlier investors, thereby creating non-existent profits and inflated account balances. The court denied the defendants' motions to dismiss, ruling that the existence of a Ponzi scheme inherently implies actual intent to defraud under Bankruptcy Code Section 548(a)(1)(A), and that claims for both actual and constructive fraud were adequately pleaded, allowing the cases to proceed to discovery and trial.

Ponzi SchemeFraudulent ConveyanceBankruptcy ProceedingsDebtors and Creditors LawActual FraudConstructive FraudMotions to DismissHedge FundsInvestment FraudFinancial Misrepresentation
References
48
Case No. MISSING
Regular Panel Decision

New York State Teamsters Conference Pension and Retirement Fund v. DOREN AVE. ASSOCIATES, INC.

The case involves the New York State Teamsters Conference Pension and Retirement Fund pursuing withdrawal liability payments from Doren Avenue Associates, Inc., Express Services, LLC, and S & P Trucking, LLC. The Fund alleged these defendants were under common control with or alter egos of Howard’s Express, Inc., a company previously obligated to the Fund. The court ruled that determining the defendants' "employer status" under the MPPAA was a matter for judicial decision, not arbitration. It denied the Fund's motion for summary judgment due to insufficient evidence on the common control and alter ego claims against Express and S&P. Conversely, the court granted the summary judgment motion for Express Services, LLC, and S & P Trucking, LLC, dismissing the complaint against them and terminating related arbitration proceedings, while granting a default judgment against Doren Avenue Associates, Inc.

Pension Withdrawal LiabilityMPPAAERISACommon Control DoctrineAlter Ego LiabilitySummary Judgment MotionFederal Court JurisdictionArbitration TerminationCorporate Ownership StructureEmployee Benefit Plans
References
27
Case No. MISSING
Regular Panel Decision

Trustees of Empire State Carpenters Annuity, Apprenticeship, Labor-Management Cooperation, Pension & Welfare Funds v. Allied Design & Construction, LLC

Petitioners, Trustees of Empire State Carpenters Annuity, Apprenticeship, Labor-Management Cooperation, Pension and Welfare Funds, initiated an action to confirm an arbitration award against Allied Design & Construction, LLC. Allied, bound by a collective bargaining agreement, failed to undergo a payroll audit, leading the Funds to estimate a substantial deficiency in contributions. An arbitrator subsequently awarded the Funds $239,901.47, covering the estimated deficiency, interest, liquidated damages, and various fees. The Funds then sought to have this award confirmed by the District Court and requested additional attorneys' fees and costs incurred during the confirmation process. The District Court granted the petitioners' motions, confirming the arbitration award and ordering Allied to pay an additional $737.50 in attorneys' fees and costs.

Arbitration ConfirmationCollective BargainingDelinquent ContributionsAttorney Fees AwardCourt CostsLabor Management Relations ActFederal Arbitration ActSummary Judgment StandardLodestar CalculationUnion Welfare Funds
References
39
Case No. 100559/2014
Regular Panel Decision
Mar 27, 2020

State of N.Y. ex rel. Edelweiss Fund, LLC v. Jpmorgan Chase & Co.

This is a qui tam action brought by Edelweiss Fund, LLC on behalf of the State of New York against numerous financial institutions and their subsidiaries. The Relator alleges a fraudulent scheme involving the "robo-resetting" of interest rates for municipal Variable Rate Demand Obligations (VRDOs) and a conspiracy, in violation of the New York False Claims Act. Defendants, acting as remarketing agents, allegedly failed to set the lowest possible interest rates for VRDOs by using an algorithm and grouping unrelated bonds, thereby extracting excessive fees and benefiting their own money market funds. The court denied the defendants' joint motion to dismiss, finding the complaint sufficiently pleaded fraud and conspiracy under the NYFCA's heightened pleading standards. Additionally, M & T Bank Corporation's separate motion to dismiss was denied, as the court ruled that the NYFCA applies even to conduit bonds where government funds are involved, upholding a broad interpretation of the Act.

Qui Tam ActionFalse Claims ActNew York State Finance LawMunicipal BondsVariable Rate Demand Obligations (VRDOs)Interest Rate ManipulationRobo-Resetting SchemeFinancial InstitutionsRemarketing AgentsConspiracy
References
17
Case No. MISSING
Regular Panel Decision

MLF3 Airitan LLC v. 2338 Second Avenue Mazal LLC

This case involves MLF3 Airitan LLC and MLF3 DC LLC (plaintiffs) suing 2338 Second Avenue Mazal LLC, 167th Street Mazal LLC, Eran Polack, Amir Hasid, Nir Amsel, Bank Leumi USA, and John Doe numbers 1 through 10 (defendants) for breach of fiduciary duty, trust fund diversion, and a declaratory judgment regarding mechanic's liens. Plaintiffs sought an accounting, damages, and priority for their mechanic's liens over Bank Leumi's liens, citing improper notice of lending and unfiled material modifications to loan agreements under the Lien Law. Defendants Bank Leumi and the Mazal entities cross-moved to dismiss based on various procedural grounds and failure to state a cause of action. The court granted Bank Leumi's motions to dismiss the fourth and fifth causes of action concerning the priority claims. However, it denied the defendants' motion to dismiss the sixth cause of action, allowing the action to proceed concurrently with a lien foreclosure action. Additionally, the court granted plaintiffs' cross-motions for an interim accounting and for consolidation of the actions.

Mechanic's LiensDeclaratory JudgmentTrust Fund DiversionBreach of Fiduciary DutyBuilding Loan AgreementLien Law Article 3-AMotion to DismissInterim AccountingConsolidation of ActionsPriority Disputes
References
35
Case No. 2024 NY Slip Op 04102
Regular Panel Decision
Aug 01, 2024

Powerflex Solar, LLC v. Solar PV Pros, LLC

Plaintiff Powerflex Solar, LLC appealed two orders from Supreme Court in Albany County. The first order partially granted motions by defendants Solar PV Pros, LLC (SPVP) and EoS Organization, LLC to dismiss the complaint for lack of personal jurisdiction regarding agreements for solar modules to be delivered to Rhode Island and California, and for failure to state claims for breach of contract as a third-party beneficiary and conversion against EoS. The second order adhered to the prior decision upon reargument. The Appellate Division affirmed, finding no articulable nexus between the New York agreements and the Rhode Island and California agreements for personal jurisdiction. The court also agreed that plaintiff was not a third-party beneficiary of the Meitus-EoS agreements and failed to state a claim for conversion due to lack of identifiable funds.

Personal JurisdictionContract LawThird-Party BeneficiaryConversionMotion to DismissAppellate ReviewJurisdictional NexusDelaware LLCCalifornia LawSolar Modules
References
33
Case No. ADJ14871067
Regular
Feb 13, 2023

EDGAR GAMA vs. XTRACTOR DEPOT, LLC, 2020 LONG BEACH, LLC, THE HARTFORD, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied the Petition for Reconsideration, upholding the judge's finding that the applicant was an employee of Xtractor Depot, LLC. The Board gave significant weight to the judge's credibility determination, finding no substantial evidence to warrant overturning it. The Board also noted the petitioner's improper attachment of exhibits to their petition. Ultimately, the applicant's credible testimony and unrebutted exhibits supported the original finding of industrial injury.

Workers' Compensation Appeals BoardPetition for Reconsideration DeniedWCJ Credibility DeterminationGarza v. Workmen's Comp. Appeals Bd.Ostensible AuthorityEmployee StatusXtractor Depot LLCAndrew YoonCannabis IndustryWarehouse Explosion
References
4
Case No. 2019 NY Slip Op 01273 [169 AD3d 1187]
Regular Panel Decision
Feb 21, 2019

Family & Educ. Consultants, LLC v. New York State Ins. Fund

Family & Educational Consultants, LLC, doing business as Partnership for Education, sought to file a late notice of claim against the New York State Insurance Fund to recover $250,000 in workers' compensation premiums. The claimant asserted that its therapists were independent contractors, not employees, and thus the premiums were improperly calculated. While the Court of Claims initially granted permission for the late filing, the Appellate Division, Third Department, reversed this decision. The appellate court held that the Court of Claims lacked subject matter jurisdiction over the core issue, which involved challenging an agency's determination of employee classification. It clarified that such determinations are properly reviewed through a CPLR article 78 proceeding in Supreme Court, which could also provide incidental relief for overpayments.

Workers' Compensation PremiumsIndependent ContractorsSubject Matter JurisdictionCourt of ClaimsAgency DeterminationCPLR Article 78Late Notice of ClaimAppellate ReviewEmployee ClassificationInsurance Disputes
References
9
Case No. 2024 NY Slip Op 05305 [231 AD3d 642]
Regular Panel Decision
Oct 29, 2024

Commissioners of the State Ins. Fund v. Z Bldrs. Assoc. LLC

The Commissioners of the State Insurance Fund (plaintiff) initiated a lawsuit against Z Builders Associates LLC (defendant) to recover unpaid workers' compensation insurance premiums. The Supreme Court, New York County, granted the plaintiff's motion for summary judgment, ordering the defendant to pay $50,220.43 with statutory interest. The defendant appealed this decision, arguing that there was a factual dispute regarding the inclusion of certain subcontractors in the premium charges, claiming they either had valid insurance or only provided materials. The Appellate Division, First Department, unanimously affirmed the Supreme Court's order. The court found that the plaintiff had established a prima facie entitlement to summary judgment, and the defendant's arguments were unavailing due to insufficient documentation regarding subcontractor coverage or the nature of their work.

Workers' Compensation InsuranceInsurance PremiumsSummary JudgmentAppellate ReviewSubcontractor LiabilityPrima Facie CaseUnpaid PremiumsCourt Order AffirmationLegal Dispute
References
3
Case No. MISSING
Regular Panel Decision

Building Service 32B-J Pension Fund v. Vanderveer Estates Holding, LLC

Plaintiff Funds moved for reconsideration of a previous opinion and to hold the defendant Vanderveer in contempt. The court granted the motion for reconsideration, finding that Vanderveer was bound by the 1997 Agreement's 'Evergreen Clause' to continue contributions after April 20, 2000, as the subsequent 2000 Agreement did not bind Vanderveer and no cancellation notice was filed. The motion to hold Vanderveer in contempt for willfully delaying the filing of a $75,000 bond was also granted, with Vanderveer ordered to pay the Funds' costs and attorney's fees. However, the contempt motion was denied as to Abraham Weider, Vanderveer's principal, as he was not a named party.

Collective Bargaining AgreementEvergreen ClauseMotion for ReconsiderationContempt MotionEmployer ContributionsPension FundsAnnuity FundsLabor LawFederal Rules of Civil Procedure Rule 59(e)Local Civil Rule 6.3
References
22
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