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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

Marshall v. N.Y. State Pub. High Sch. Athletic Ass'n, Inc.

Plaintiff Brewster Marshall, a high school student with postural orthostatic tachycardia syndrome, sued the Commissioner of Education of New York and athletic associations for denying him extended athletic eligibility to play basketball. He alleged violations of the Americans with Disabilities Act (ADA) and the Rehabilitation Act. The Commissioner filed a motion to dismiss the second amended complaint (SAC) or for judgment on the pleadings, arguing that Plaintiff's claims for declaratory and injunctive relief were moot due to his imminent graduation and the end of the basketball season, and that she had absolute judicial and legislative immunity. The Court granted the Commissioner's motion to dismiss the requests for injunctive and declaratory relief and the ADA claim for monetary damages, finding them moot or conceded by the Plaintiff. However, the Court denied the Commissioner's request for dismissal based on absolute judicial and legislative immunity and also denied the dismissal of the Section 504 monetary claim, stating that Plaintiff had sufficiently alleged deliberate indifference.

Disability discriminationAmericans with Disabilities Act (ADA)Rehabilitation Act Section 504Athletic eligibilityMootness doctrineAbsolute immunity (judicial)Absolute immunity (legislative)Deliberate indifferenceSovereign immunityDeclaratory relief
References
127
Case No. 04-15739
Regular Panel Decision
Jun 19, 2006

Continental Casualty Co. v. Pfizer, Inc. (In re Quigley Co.)

Plaintiffs Continental Casualty Company and Continental Insurance Company initiated an adversary proceeding against Pfizer, Inc., Quigley Company, Inc. (a debtor-in-possession and Pfizer's subsidiary), and numerous other insurance companies. The plaintiffs sought a declaratory judgment that certain policies excluded coverage for asbestos-related claims, or alternatively, to reform them and apportion liability. Pfizer and Quigley moved to dismiss for lack of subject matter jurisdiction and failure to state a claim regarding anticipatory repudiation. A group of defendant insurers (Certain Insurers) sought to stay the proceeding and lift the automatic stay for arbitration. The court denied the motion to dismiss for lack of subject matter jurisdiction. It stayed Counts One, Two, and Three, and Guildhall's cross-claim, pending the arbitration of coverage disputes, granting the Certain Insurers relief from the automatic stay to commence arbitration. Count Four, concerning anticipatory repudiation, was dismissed without prejudice.

BankruptcyInsurance Coverage DisputeAsbestos LiabilityDeclaratory Judgment ActArbitration AgreementStay of LitigationMotions to DismissAnticipatory RepudiationWellington AgreementPolicy Exclusions
References
52
Case No. 93 Civ. 7146(RLC)
Regular Panel Decision
Oct 17, 2002

NEW YORK STATE NAT. ORG. FOR WOMEN v. Pataki

This case addresses several post-appeal motions in a class-action lawsuit. Plaintiffs sought curative notice relief related to a permanent injunction against the New York State Division of Human Rights' 1995 Intake Rules. Defendants cross-moved to dismiss the entire action, arguing a prior Second Circuit ruling vacated all relief. Plaintiff Class-Member Abby Oshinsky moved to reinstate her discrimination claims, and the New York City Housing Authority moved to intervene. The court denied defendants' cross-motion, affirming the injunction against the 1995 Intake Rules was not appealed and thus survived. However, plaintiffs' motion for curative notice relief and Oshinsky's motion were denied, with the latter rendering the NYCHA's intervention motion moot.

Due ProcessClass ActionPermanent InjunctionAdministrative PracticesDivision of Human RightsProcedural Due ProcessEqual ProtectionDiscrimination ClaimsJudicial ReviewAppellate Review
References
6
Case No. MISSING
Regular Panel Decision

Campbell v. Motors Liquidation Co.

This case involves an appeal from a Bankruptcy Court's Sale Order concerning General Motors Corporation (GM) and its affiliates. Five products liability claimants ("Campbell Appellants") appealed provisions allowing the sale of GM's assets "free and clear" of their existing products liability claims and enjoining successor liability claims against the purchaser, New GM. The District Court, presided over by Judge Naomi Reice Buchwald, denied the appeal as moot. The court found that the appeal was statutorily moot under Section 363(m) of the Bankruptcy Code because the Sale Order was not stayed, and the transaction had closed. Furthermore, the court determined the appeal was equitably moot, as the appellants failed to diligently pursue a stay and the requested relief would inequitably unravel a substantially consummated and intricately negotiated transaction.

BankruptcyMootnessSection 363(m)Asset SaleSuccessor LiabilityProducts Liability ClaimsGood Faith PurchaserAppellate JurisdictionChapter 11Equitable Mootness
References
43
Case No. MISSING
Regular Panel Decision

Martino v. Gard

Plaintiff, Joseph Martino, a State prisoner, sought relief under 42 U.S.C. § 1983, claiming he was denied participation in a temporary release program in violation of his constitutional rights to due process and equal protection. He named the Deputy Commissioner, Department of Correctional Services, and the Assistant Director of Temporary Release Programs (Smith and Gard) as defendants, seeking injunctive relief and compensatory damages. The claim for injunctive relief was deemed moot as plaintiff was later approved for temporary release. The Court found no constitutional liberty interest in temporary release under New York Correction Law, which vests broad discretion in correctional authorities and explicitly states no inmate has a right to participate. Plaintiff's equal protection claim, alleging disparate treatment compared to his brother, was dismissed as it did not demonstrate consistent or patterned discrimination. Therefore, the defendants' motion to dismiss the complaint was granted, and summary judgment was entered.

Civil RightsDue ProcessEqual ProtectionPrisoner RightsTemporary Release ProgramCorrectional FacilitiesSummary JudgmentMootnessDiscretionary AuthorityState Statute
References
8
Case No. STK 0175350
Regular
Jul 08, 2008

FRANCIS NZIBO vs. KAISER PERMANENTE, CALIFORNIA WORKERS' COMPENSATION

This case involves applicant Francis Nzibo's claim for penalties against Kaiser Permanente for alleged unreasonable delay in providing cervical surgery. The Workers' Compensation Appeals Board is issuing a notice of intention to dismiss the petition for reconsideration as moot because there is no evidence presented as to whether the applicant has actually undergone the authorized surgery. If surgery was not performed, no compensation payment was delayed, rendering the penalty claim moot.

Moot petitionPetition for reconsiderationCervical surgeryUnreasonable delayMedical care provisionPenaltiesWCJ findingsLabor Code section 5814Authorization of surgeryFailure to present
References
0
Case No. MISSING
Regular Panel Decision

Greenwald v. Axelrod (In Re Greenwald)

The Commissioner of the New York State Department of Health sought relief from an automatic stay in a Chapter 11 liquidation case to complete administrative proceedings concerning the debtor's medicaid reimbursement entitlements. The debtor, Sidney Greenwald d/b/a Maple Leaf Nursing Home, opposed the application, arguing the state's interest was pecuniary, not regulatory, thus precluding the 11 U.S.C. § 362(b)(4) exception. The court found that the Commissioner's interest was indeed pecuniary, aiming to recoup approximately $911,500 in medicaid overpayments, and thus the regulatory exception did not apply. However, considering that the debtor's nursing home was sold, no patients were at risk, and the case was a liquidation, the court granted the relief from the stay, allowing the administrative appeals to conclude, with any enforcement subject to the bankruptcy court's review of the developed administrative record.

Automatic StayBankruptcyChapter 11Medicaid ReimbursementGovernmental Regulatory PowerPecuniary InterestAdministrative ProceedingsLiquidation CaseAudit AppealsNew York State Department of Health
References
14
Case No. MISSING
Regular Panel Decision

Abbo-Bradley v. City of Niagara Falls

Three families residing near the Love Canal Landfill initiated an action in New York State Supreme Court, Niagara County, seeking damages and equitable relief for personal injuries and property damage caused by alleged releases of toxic chemicals. The case was subsequently removed to federal court under original federal jurisdiction pursuant to CERCLA. Defendant Glenn Springs Holdings, Inc. (GSH) filed a motion for preliminary injunctive relief to establish a discovery protocol, requesting prior notice, contemporaneous access, and the opportunity for split samples during plaintiffs' environmental sampling activities. Plaintiffs opposed the motion, citing jurisdictional concerns, work product, and attorney-client privileges. The court, asserting its authority to maintain the status quo pending a remand decision, rejected the privilege claims and found that spoliation concerns warranted the injunction. Consequently, the court granted GSH's motion, enjoining plaintiffs from further environmental sampling without providing 96-hour written notice, contemporaneous access, and the opportunity for all parties to take split samples.

Environmental LitigationCERCLAPreliminary InjunctionDiscovery ProtocolSpoliation of EvidenceWork Product DoctrineAttorney-Client PrivilegeLove CanalToxic WasteHazardous Materials
References
18
Case No. MISSING
Regular Panel Decision

In Re Pursuant to Section 304 of the Bankruptcy Code of Banco Nacional De Obras Y Servicios Publicos, S.N.C.

The International Association of Machinists and Aerospace Workers (IAM) sought relief from a preliminary injunction to pursue an action against Aeronaves de Mexico, S.A. de C.V. (Aeronaves) for declaratory judgment concerning a collective bargaining agreement. Aeronaves, represented by its Mexican bankruptcy trustee Banobras, objected, arguing the claims should be handled in Mexican bankruptcy court. Judge Tina L. Brozman analyzed the request in the context of section 304 of the Bankruptcy Code, emphasizing the specialized nature of American labor law, particularly the Railway Labor Act (RLA). Balancing international comity with the protection of American creditors, the court found that the issues regarding the existence and terms of the collective bargaining agreement required the expertise of an American district court. Therefore, the motion for relief from the stay was granted to permit the IAM action to proceed in the Southern District of New York.

Bankruptcy LawInternational ComitySection 304 StayRailway Labor Act (RLA)Collective Bargaining AgreementForeign BankruptcyAncillary ProceedingsDeclaratory ReliefLabor DisputeCreditor Claims
References
32
Case No. ADJ8339009
Regular
Jan 08, 2016

WINSTON ROCKEFELLER (Dec'd), SUZANNA ROCKEFELLER (Dependent), ERIKA OSWALD (Dependent) vs. STATE OF CALIFORNIA, DEPARTMENT OF CORRECTIONS NORTHERN TRANSPORTATION HUBQ-ADMINISTRATION; legally uninsured; administered by STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board intends to rescind its prior order granting reconsideration and dismiss the applicant's petition as moot. This action is prompted by the defendant's assertion that a new Panel Qualified Medical Examiner has been appointed and has issued reports, rendering the original dispute regarding the disqualification of the previous PQME moot. The Board will proceed with rescinding and dismissing unless the applicant demonstrates good cause why the issue remains live. No decision on the merits of the original petition has been made.

WCABPetition for ReconsiderationFindings and OrderPanel Qualified Medical ExaminerPQMERule 41.5(d)(2)(A)disqualifying conflict of interestmoot issueNotice of Moot IssueOpinion and Order Granting Reconsideration
References
0
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