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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

Williams v. Hevi-Duty Electric Co.

The plaintiff, Williams, sued Hevi-Duty Electric Company and other state defendants for racial discrimination and retaliatory failure to hire under Title VII, § 1981, and § 1983. The court found that Hevi-Duty discriminated against Williams by manipulating its one-year application retention policy and through word-of-mouth recruitment, effectively excluding him due to his race and prior EEOC charge. The court entered judgment for Williams against Hevi-Duty, ordering hiring, back-pay, and attorney fees, and permanently enjoining further discrimination. Claims against the state defendants were dismissed due to sovereign immunity or lack of discriminatory conduct.

Employment DiscriminationRacial DiscriminationRetaliation (Employment)Title VIICivil Rights Act of 1964Civil Rights Act of 1866Disparate TreatmentHiring PracticesApplication PolicyWord-of-Mouth Recruitment
References
21
Case No. MISSING
Regular Panel Decision

Smith v. Sipe

The dissenting opinion argues for the dismissal of a complaint alleging a breach of the duty of fair representation by a labor organization. The judge contends that merely providing incorrect advice, as alleged against the union representative, does not constitute the type of egregious conduct—arbitrary, discriminatory, or bad faith actions—that the duty of fair representation was established to prevent. While acknowledging a developing area of law where some courts have extended this duty to include negligence, the majority of jurisdictions maintain a stricter interpretation. The dissent emphasizes that the duty was created to prevent invidious treatment, not to address simple negligence. Therefore, the complaint's allegations are deemed insufficient to establish a cause of action for breach of this duty.

Duty of Fair RepresentationLabor LawUnion ConductGrievance ProcedureNegligenceArbitrary ConductBad FaithDiscriminatory ConductDissenting OpinionJudicial Interpretation
References
23
Case No. MISSING
Regular Panel Decision
Mar 03, 2005

Hunt v. State

The claimant, arrested for grand larceny in 1998, was unable to post bail and was sexually assaulted by another inmate while in the Manhattan Detention Center. Despite a court directive for protective custody on September 18, 1998, state court officers failed to properly record this order on the securing order. Consequently, the claimant was returned to general population and assaulted again on September 21. The Court of Claims initially dismissed the claimant's action for damages against the State. However, the appellate court reversed this decision, finding that the court officers' failure to record the protective custody order was a breach of a ministerial duty, thereby establishing state liability. The case has been remanded for a trial to determine the damages for the September 21 assault.

Inmate AssaultProtective CustodyMinisterial NegligenceState LiabilityCourt Officer DutySecuring OrderDamages RemandAppellate ReversalCorrectional Facility NegligencePrisoner Safety
References
7
Case No. MISSING
Regular Panel Decision
Mar 21, 2008

WTC Captive Insurance v. Liberty Mutual Fire Insurance

This opinion addresses the second phase of a dispute between the City's 9/11 clean-up insurance carriers, focusing on which carriers must defend the City and its contractors against lawsuits from injured clean-up workers. Plaintiff WTC Captive Insurance Company, funded by FEMA, sought a declaration that defendant London Insurers owed a duty to defend. District Judge Alvin K. Hellerstein granted WTC Captive's motion for partial summary judgment, ruling that the London Insurers have an ongoing duty to defend the City and its contractors. The court found that the pollution exclusion clause in the London Insurers' policies did not excuse this duty, as the underlying claims were based on negligent workplace safety rather than direct pollution causation. Additionally, the London Insurers' defense of inadequate notice was rejected, as timely notice was deemed to have been provided.

Insurance Coverage DisputeDuty to DefendPollution ExclusionWorld Trade Center Litigation9/11 Clean-upExcess Insurance PolicyWorkplace Safety NegligenceDeclaratory JudgmentSummary Judgment RulingNotice of Claims
References
15
Case No. MISSING
Regular Panel Decision

Mirrer v. Hevesi

The petitioner, a police sergeant for the Port Authority of New York and New Jersey, sought accidental and performance of duty disability retirement benefits after slipping from a fire truck due to foam on his shoes. The respondent Comptroller denied his applications, finding that the incident was not an 'accident' under the Retirement and Social Security Law, as slipping on foam was an inherent risk of his job duties, and that he was not permanently incapacitated from performing his duties. The court affirmed the Comptroller's determination, citing substantial evidence supporting both findings, including the resolution of conflicting expert medical opinions regarding permanent disability. Consequently, the petition was dismissed.

Disability Retirement BenefitsAccidental DisabilityPerformance of Duty DisabilityPolice SergeantFirefighting OperationsLa Guardia AirportSlip and FallInherent Risk of EmploymentCervical Spine InjuryExpert Medical Evidence
References
5
Case No. MISSING
Regular Panel Decision

Faraino v. Centennial Insurance

This case addresses whether an insurer, having received a loan receipt from its insured, has a duty of good faith beyond mere payment. The court holds that such a duty is created by equity, implied contractual covenants, and the conflict of interest arising from the insurer's exclusive control over the insured's claims. The plaintiff boat owner alleged the insurers failed to provide independent counsel, policy information, or investigation results, potentially breaching this obligation. Consequently, the insurers' motion for summary judgment and dismissal was denied, affirming their proper joinder as defendants. The court also raises the possibility that the insurers' conduct could constitute a waiver of their subrogation rights.

Good Faith DutyInsurer ObligationsLoan ReceiptSubrogation RightsConflict of InterestInsurance Contract LawSummary Judgment DenialAttorney FeesEquitable PrinciplesContractual Subrogation
References
24
Case No. MISSING
Regular Panel Decision

Lee C. Ritchie v. Ann Caldwell Rupe, as Trustee for the Dallas Gordon Rupe, III 1995 Family Trust

This case involves Ann Rupe, a minority shareholder and trustee for Buddy's Trust, who sued other shareholders and directors of Rupe Investment Corporation (RIC) for alleged oppressive actions and breach of fiduciary duties. Rupe claimed the defendants refused to buy her shares or meet with prospective outside buyers. The trial court ordered a $7.3 million buyout, which the court of appeals affirmed in part, finding the refusal to meet prospective purchasers oppressive, but remanding on valuation. The Texas Supreme Court reversed, ruling that the defendants' conduct was not 'oppressive' under the Texas receivership statute, as it did not involve an abuse of authority with intent to harm the corporation or create a serious risk of harm to it. The Court clarified that the statute only authorizes the appointment of a rehabilitative receiver and does not permit a direct buyout remedy. Additionally, the Court declined to recognize a new common-law cause of action for 'minority shareholder oppression,' citing existing statutory and common-law protections. The case was remanded to the court of appeals to consider Rupe's breach-of-fiduciary-duty claim and the potential for a buyout remedy under that claim.

Shareholder OppressionMinority ShareholdersClosely Held CorporationsFiduciary DutyBusiness Judgment RuleCorporate ReceivershipStatutory InterpretationCommon Law ClaimsCorporate GovernanceStock Buyout
References
95
Case No. MISSING
Regular Panel Decision

Matter of Molloy v. DiNapoli

The petitioner, a correction officer, sought performance of duty disability retirement benefits after sustaining multiple left shoulder injuries across several work-related incidents. While the New York State and Local Employees’ Retirement System conceded permanent disability, the respondent Comptroller denied the application, concluding that the initial June 6, 2008 incident was not the proximate cause of the disability. Conflicting medical evidence was presented, with orthopedic surgeon Andrew Beharrie linking the disability to the 2008 incident, while independent medical examiner Bradley Wiener attributed the need for surgical intervention to subsequent incidents in 2009 and 2010. The Hearing Officer and Comptroller credited Wiener's opinion, noting the lack of immediate medical treatment after the first incident and the petitioner's return to full duty. The court affirmed the Comptroller's determination, finding it to be supported by rational, fact-based medical opinion and substantial evidence.

Disability RetirementPerformance of DutyCorrection OfficerShoulder InjuryCausal RelationshipMedical EvidenceIndependent Medical ExaminationComptroller's DeterminationSubstantial EvidenceCPLR Article 78
References
6
Case No. MISSING
Regular Panel Decision

Harris County v. Gibbons

Harris County appealed a judgment in favor of Barbara Gibbons in a negligence action. The case stemmed from an accident where Deputy Robert Barber, while off-duty but driving a patrol car, rear-ended Gibbons' vehicle as he checked a license plate for potential criminal activity. Harris County argued Barber was not acting within the scope of employment and was entitled to official immunity. The appellate court affirmed the trial court's judgment, concluding that Barber was performing a police function and thus acting within the scope of his employment despite being off-duty. Furthermore, the court found that Barber's negligent driving in a non-emergency was a ministerial act, negating the county's claim of official immunity.

NegligenceScope of EmploymentOfficial ImmunityDiscretionary DutyMinisterial DutyTexas Tort Claims ActOff-Duty OfficerPolice MisconductMotor Vehicle AccidentGovernmental Immunity
References
34
Case No. MISSING
Regular Panel Decision
May 23, 1984

Barnes v. County of Nassau

William Barnes, administrator of a deceased infant's estate, initiated this action against the County of Nassau, its Department of Social Services (DSS), and foster mother Margaret Toomer. The suit alleged negligence in the placement and supervision of a four-year-old child in foster care, who was subsequently beaten to death by Mrs. Toomer despite prior abuse reports. The county defendants sought to amend their answer to assert an immunity defense and move for summary judgment, which Special Term denied. The Appellate Division affirmed Special Term's order, holding that governmental immunity does not bar inquiry into a county's negligent acts concerning foster care placement and supervision, as these duties are deemed ministerial rather than discretionary. The court emphasized that the duty to care for children in foster care involves adherence to standards of reasonable care, not quasi-judicial discretion.

foster care negligencechild welfare liabilitygovernmental immunitydiscretionary vs ministerial actscounty liabilityDepartment of Social Serviceschild abuse deathmotion to amendsummary judgmentappellate review
References
27
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