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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

Jowers v. LAKESIDE FAMILY AND CHILDREN'S SERVICES

Lynn Jowers sued Lakeside Family and Children’s Services for wrongful termination, alleging discrimination based on his medical condition (atrial fibrillation) under the Americans with Disabilities Act (ADA). Jowers filed an EEOC complaint more than two years after his termination, exceeding the 300-day statutory limit. Lakeside moved to dismiss the complaint as time-barred, while Jowers cross-moved to dismiss Lakeside's motion, citing ignorance of the law regarding disability discrimination. The court granted Lakeside’s motion, dismissing Jowers’ complaint with prejudice, ruling that his explanation for the late filing was insufficient for equitable tolling, particularly as he had previously filed an EEOC complaint.

Employment DiscriminationADAAtrial FibrillationWrongful TerminationStatute of LimitationsEquitable TollingEEOCMotion to DismissCriminal Background CheckFalsified Employment Application
References
13
Case No. MISSING
Regular Panel Decision

Thielmann v. MF Global Holdings Ltd. (In re MF Global Holdings Ltd.)

This case involves motions to dismiss an amended class action complaint filed by former employees (Plaintiffs) against James W. Giddens, as SIPA Trustee for MF Global Inc., and Louis J. Freeh, as Chapter 11 Trustee for MF Global Holdings Ltd., MF Global Finance USA, Inc., and MF Global Holdings USA, Inc. The Plaintiffs allege violations of the federal WARN Act and the New York WARN Act due to employment termination without sufficient notice. The Court granted the SIPA Trustee's motion to dismiss with prejudice, finding the "liquidating fiduciary" principle applicable to MFGI as its statutory purpose was liquidation. However, the Chapter 11 Trustee's motion to dismiss was granted without prejudice and with leave to amend, as the factual record did not conclusively establish that the Chapter 11 Debtors were solely liquidating at the time of layoffs, and the complaint was otherwise deficient. Claims for vacation pay and unpaid wages were dismissed without prejudice to be handled in the claims allowance process.

WARN ActNew York WARN ActClass ActionMass LayoffsPlant ClosingsBankruptcy ProceedingsCorporate LiquidationChapter 11 ReorganizationSIPA TrusteeLiquidating Fiduciary Principle
References
26
Case No. MISSING
Regular Panel Decision

Pom Wonderful LLC v. Organic Juice USA, Inc.

Plaintiff POM Wonderful LLC ("Pom") and defendant Organic Juice, Inc. ("Organic Juice") are competing purveyors of bottled pomegranate juice involved in a dispute over false advertising and deceptive marketing practices. Pom initiated the lawsuit, alleging Organic Juice violated federal and state laws by selling "adulterated" juice falsely labeled as "100% pure." Organic Juice counterclaimed, accusing Pom of deceptively marketing its juice made from concentrate and making unsubstantiated health claims, even adding elderberry juice concentrate from 2002 to 2008. The court considered three motions: Pom's motion for summary judgment on Organic Juice's counterclaims, Organic Juice's motion for partial summary judgment on the same, and Pom's motion to dismiss Organic Juice's amended counterclaims. The court denied all three motions, finding that despite alleged methodological flaws, consumer surveys demonstrating potential confusion regarding Pom's advertisements were admissible. Furthermore, the court ordered Pom to pay Organic Juice's costs and attorney's fees related to the motion to dismiss, deeming that particular motion frivolous.

False AdvertisingLanham ActSummary JudgmentConsumer ConfusionSurvey EvidenceBrand MarketingJuice LabelingConcentrateElderberryHealth Claims
References
23
Case No. MISSING
Regular Panel Decision

Hicks v. IBM

Plaintiff Brenda Hicks, who is half Native American and half African American, brought an employment discrimination claim against her employer IBM and four individual employees (Marty Ricker, George Walker, J.J. Sinnott, and Dr. Katherine Frase). The claims were filed under 42 U.S.C. § 1981 and New York's Executive Law §§ 296 and 297, alleging racially discriminatory job assignments, lack of commensurate training, and a racially oppressive work environment. The individual defendants moved to dismiss the claims, arguing a lack of individual liability. The court denied the motion to dismiss the § 1981 claims against all individual defendants and the § 296 claims against Walker, Sinnott, and Frase, but granted Defendant Ricker's motion to dismiss the § 296(6) claim against him, reasoning that a primary actor cannot aid and abet his own actions.

Employment DiscriminationRacial DiscriminationHostile Work EnvironmentIndividual Liability42 U.S.C. § 1981New York Executive Law § 296Motion to DismissSupervisor LiabilityAiding and AbettingCivil Rights
References
31
Case No. MISSING
Regular Panel Decision
Dec 01, 2006

Beja v. Ford

The plaintiff, a former employee, initiated an action against Meadowbrook Ford d/b/a Syosset Ford and Steven Weiss for wrongful termination and personal injuries. The defendants moved to dismiss the complaint, while the plaintiff cross-moved to amend it. The Supreme Court denied the defendants' motion and granted the plaintiff's cross-motion. On appeal, the court reversed the Supreme Court's order, finding the plaintiff's allegations insufficient to state a cause of action or barred by the Workers' Compensation Law. Consequently, the defendants' motion to dismiss was granted, and the plaintiff's cross-motion for leave to amend the complaint was denied.

Wrongful TerminationEmployment LawMotion to DismissLeave to Amend ComplaintVicarious LiabilityWorkers' Compensation LawPersonal InjuryAppellate ProcedureCPLR 3211CPLR 3025
References
9
Case No. MISSING
Regular Panel Decision

Pfeiffer v. Rand (In Re Rand)

Katherine Pfeiffer, an unemployed office worker acting pro se, objected to the discharge of Jonathan Rand and the dischargeability of her claim against him. Rand moved to dismiss her complaint, citing improper service and failure to state a claim. The court found Pfeiffer's January 3rd letter constituted a timely complaint, but her subsequent service of only a summons was improper. However, acknowledging Pfeiffer's pro se status and efforts to correct the error, the court denied Rand's motion to dismiss for improper service, instead quashing the service and directing Pfeiffer to re-serve once an amended complaint is filed. The court granted Rand's motion to dismiss Pfeiffer's objection to discharge under 11 U.S.C. § 727 due to a lack of pleaded facts, without leave to replead. Conversely, the court conditionally denied the motion to dismiss Pfeiffer's claim under 11 U.S.C. § 523, granting her leave to replead with particularity, and also denied Rand's request for sanctions.

BankruptcyDischargeabilityMotion to DismissAdversary ProceedingPro Se LitigantRule 7004Rule 4(j)Rule 727Rule 523Fraudulent Intent
References
38
Case No. MISSING
Regular Panel Decision
Nov 13, 1985

National Union Fire Insurance v. Ideal Mutual Insurance

This case involves an appeal concerning personal jurisdiction over Parthenon Insurance Company. The plaintiff appealed an order denying its motion to reargue and renew opposition to Parthenon's motion to dismiss for lack of personal jurisdiction. The Appellate Division reversed the lower court's decision, granting the plaintiff's motion to reargue and renew, and subsequently denying Parthenon's motion to dismiss without prejudice, allowing for limited discovery on the jurisdictional issue. The central legal question is whether Parthenon, a 'captive' insurer for Hospital Corporation of America (HCA) and its subsidiaries, which conduct business in New York, is subject to personal jurisdiction in New York State. The court found that enough evidence was presented to warrant discovery to establish jurisdiction.

Personal JurisdictionCorporate VeilSubsidiary LiabilityParent CompanyInsurance CoverageMotion to DismissDiscoveryAppellate ReviewCPLRCaptive Insurer
References
4
Case No. MISSING
Regular Panel Decision

Pasternack v. Diamond

The court granted a motion to dismiss an appeal, leading to the dismissal of the appeal itself, with associated costs. However, this dismissal is conditional. If the appellant serves and files the required undertaking on appeal and pays $10 costs within 10 days from the order's date, the motion to dismiss will be denied, and the appeal will presumably proceed.

References
0
Case No. MISSING
Regular Panel Decision

Matter of Taylor v. Rochester City School District

Motion for leave to appeal dismissed upon the ground that the orders sought to be appealed from do not finally determine the proceeding within the meaning of the Constitution. Motion for poor person relief dismissed as academic.

References
0
Case No. 10 Civ. 3314; 10 Civ. 5013
Regular Panel Decision
Dec 22, 2010

Alzheimer's Foundation of America, Inc. v. Alzheimer's Disease & Related Disorders Ass'n

This consolidated opinion addresses dueling motions to dismiss in two civil actions involving the Alzheimer’s Foundation of Americas, Inc. (the "Foundation") and the Alzheimer’s Disease and Related Disorders Association (the "Association"). The Foundation initiated a lawsuit alleging misrepresentation, trademark dilution, unfair competition, unjust enrichment, conspiracy, conversion, and UCC violations against the Association and Northern Trust. Conversely, the Association filed its own complaint asserting claims of trademark infringement, libel, injurious falsehood, false designation, dilution, fraud, tortious interference, injury to business reputation, unfair competition, unjust enrichment, and conspiracy against the Foundation and several individuals. The court denied motions to dismiss the Lanham Act, dilution, and unfair competition claims for both parties, but granted motions to dismiss the UCC, conversion, libel, unjust enrichment, and fraud claims, including all claims against Northern Trust. Leave to amend the complaints was granted.

Trademark InfringementUnfair CompetitionLanham ActDilutionUnjust EnrichmentConversionFraudCollateral EstoppelMotion to DismissRule 12(b)(6)
References
59
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