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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
May 03, 2004

Ulloa v. Universal Music and Video Distribution Corp.

Plaintiff Demme Ulloa initiated legal action against Universal Music and Video Distribution Corp., Island Def Jam Music Group, Roc-A-Fella Records, LLC, and Shawn Carter, alleging copyright infringement, false designation of origin under the Lanham Act, unjust enrichment, joint authorship, and an accounting of sales. Ulloa claimed to have spontaneously created a vocal counter-melody for Shawn Carter's song "Izzo (H.O.V.A.)" which was later used without proper credit or compensation. The Court granted the defendants' motion for summary judgment on the claims of joint authorship and Lanham Act violations, dismissing them. However, it denied both parties' motions for summary judgment regarding copyright infringement, citing unresolved factual disputes concerning originality, work-for-hire status, and implied license. Additionally, the defendants' motions to dismiss the unjust enrichment claim and to bifurcate the trial were denied.

Copyright InfringementLanham ActUnjust EnrichmentJoint AuthorshipSummary JudgmentWork for HireImplied LicenseMusical CompositionSound RecordingOriginality
References
31
Case No. M2002-02789-COA-R3-CV
Regular Panel Decision
Apr 28, 2004

Child Bride Music, Inc v. Jackson

This case concerns an appeal where the assignee, Carl Jackson (d/b/a Lonesome Dove Music), contested a judgment binding him to a reclamation of rights provision. The provision originated in a contract between his assignor, Famous Music Corporation, and a copyright grantor, Bobbie Cryner (d/b/a Bobbie Cryner Music). Cryner had assigned copyright ownership to Famous Music, which then granted a 50% interest to Jackson. The original agreement allowed Cryner to reclaim unexploited compositions. When Cryner exercised this right for the song 'Real Live Woman,' Jackson refused to re-assign his share. The court affirmed the trial court's decision, ruling that Jackson, as an assignee, inherited the obligations of his assignor and was thus bound by the reclamation clause.

Copyright LawAssignmentContract LawReclamation RightsMusic PublishingIntellectual PropertyAssignor-Assignee RightsCommercial ExploitationChancery Court AppealReal Live Woman
References
16
Case No. 05-14-01042-CV
Regular Panel Decision
Aug 25, 2016

Texas Instruments, Inc. v. Alessandro Udell

This case examines whether an injured worker's claim falls under the exclusive remedy of the Texas Workers' Compensation Act or a common-law negligence claim. Texas Instruments, Inc. (TI) appealed a trial court's judgment awarding damages to Alessandro Udell, an injured worker assigned to TI by Volt Services Group. The appellate court found that Udell was an employee of TI for workers' compensation purposes, or at least a statutory/deemed employee, and that TI maintained workers' compensation insurance. Consequently, the Texas Workers' Compensation Act served as the exclusive remedy, barring Udell's negligence claim. The trial court's judgment was reversed, and judgment was rendered in favor of TI.

Workers' CompensationExclusive RemedyStatutory EmployerIndependent ContractorNegligence ClaimEmployment StatusRight to ControlTexas LawReversed JudgmentDirected Verdict
References
64
Case No. 2022 NY Slip Op 07125 [211 AD3d 1305]
Regular Panel Decision
Dec 15, 2022

Matter of Christie v. Universal Music Group

Claimant Jeffrey Christie, a tour manager for Universal Music Group, suffered injuries from an assault and filed a workers' compensation claim. The employer contested the claim, arguing Christie was an independent contractor. A Workers' Compensation Law Judge (WCLJ) found Christie to be an employee. The employer appealed to the Workers' Compensation Board, which denied their application for review, citing non-compliance with 12 NYCRR 300.13 (b) for failing to specify an objection. The Appellate Division, Third Department, affirmed the Board's decision, upholding its discretion to deny review for procedural deficiencies, noting that Workers' Compensation Law § 23-a, enacted later, would not apply retroactively to this case.

Workers' Compensation LawAppellate ReviewProcedural DefectBoard RulesApplication for ReviewEmployee StatusIndependent ContractorClaim DenialJudiciary LawNew York Regulations
References
19
Case No. 15-01392
Regular Panel Decision
Oct 24, 2018

Music Mix Mobile LLC v. Newman (In re Stage Presence, Inc.)

This adversary proceeding involves claims by Music Mix Mobile, LLC and other plaintiffs against Stage Presence, Inc. and its owner, Allen Newman. Plaintiffs alleged they were not paid for services provided for a benefit concert and sought to hold Mr. Newman personally liable for Stage Presence's debts under alter ego or piercing the corporate veil theories. The court analyzed whether Mr. Newman excessively dominated Stage Presence and if this was used to perpetrate fraud or injustice. The decision concluded that Stage Presence maintained its separate corporate identity in key financial and operational aspects, and Mr. Newman genuinely believed the concert's funding was legitimate. Consequently, the court dismissed the alter ego claims against Mr. Newman while allowing the underlying claims against Stage Presence.

Bankruptcy LawAlter Ego DoctrinePiercing the Corporate VeilCorporate LiabilityCreditor ClaimsDebtor-Creditor LawFraudulent MisrepresentationContractual ObligationsCorporate FormalitiesUndercapitalization
References
33
Case No. 824-01
Regular Panel Decision

Hi Pockets, Inc. v. Music Conservatory of Westchester, Inc.

Hi Pockets, Inc. (HPI) sued The Music Conservatory of Westchester, Laura Calzolari, and several White Plains municipal entities and officials, alleging illegal issuance of a building permit for the Conservatory's new site. HPI brought fifteen causes of action, including Section 1983 claims for civil and constitutional rights violations, and numerous state law claims related to zoning ordinances, lease agreements, and parking rights. The Conservatory defendants moved for summary judgment, and the White Plains defendants moved for judgment on the pleadings. The court granted both motions, dismissing the case in its entirety, finding that HPI's state law claims were barred by res judicata and collateral estoppel, and its federal Section 1983 claims failed to state a claim upon which relief could be granted due to absolute immunity for municipal officials and the availability of adequate state post-deprivation remedies.

Summary JudgmentJudgment on the PleadingsCollateral EstoppelRes JudicataAbsolute ImmunityZoning OrdinanceBuilding PermitParking RightsCovenant of Quiet EnjoymentSection 1983
References
31
Case No. MISSING
Regular Panel Decision
Aug 28, 1985

Angel Music, Inc. v. ABC Sports, Inc.

Angel Music, Inc., along with a class of music publishers, sued ABC Sports, Inc. and The Harry Fox Agency, Inc. (Fox), alleging copyright infringement against ABC and breach of fiduciary duty against Fox. The copyright infringement claim stemmed from ABC's alleged unauthorized use of a copyrighted song in an Olympics broadcast. Angel Music contended Fox, acting as their trustee and agent, breached its fiduciary duty by failing to enforce their synchronization rights. Fox moved to dismiss for lack of subject matter jurisdiction, arguing the breach of fiduciary duty was a state law claim without diversity. The court granted Fox's motion, concluding there was insufficient factual overlap for pendent party jurisdiction but allowed Angel Music to renew the claim after discovery if a relevant defense involving Fox emerged.

Copyright InfringementBreach of Fiduciary DutySubject Matter JurisdictionPendent JurisdictionPendent Party JurisdictionFederal Question JurisdictionClass ActionSynchronization RightsMusic PublishersTelevision Producers
References
12
Case No. MISSING
Regular Panel Decision

Hanna-Barbera Productions, Inc. v. Screen Gems-Emi Music Inc.

Plaintiff Hanna-Barbera Productions, Inc. sued Screen Gems-EMI Music Inc., Colgems-EMI Music Inc. (collectively EMI), and Broadcast Music, Inc. (BMI) for copyright infringement and state law violations. EMI moved to dismiss the complaint for lack of subject matter jurisdiction, arguing that the claims were primarily based on contract law, not copyright law. The court applied the three-part Schoenberg v. Shapolsky Publishers, Inc. test, determining that Hanna-Barbera's infringement claim was incidental to contract disputes, not a breach of a condition to a copyright contract, and EMI's actions did not constitute a material breach creating a right of rescission. The court found that the central issue revolved around the interpretation of contracts regarding copyright ownership and revenue distribution, which falls under state contract law. Therefore, the court granted EMI's motion, dismissing both federal and state claims for lack of subject matter jurisdiction.

Copyright infringementContract disputeSubject matter jurisdictionFederal courtLicense agreementRoyaltiesMusic copyrightsDismissalSecond Circuit lawSchoenberg test
References
19
Case No. 2016-06-1505
Regular Panel Decision
May 25, 2017

Rowland, David v, Music City Window and Paint Protection

This claim came before the Workers’ Compensation Judge in Nashville on May 25, 2017, regarding a Motion for Summary Judgment filed by Music City Window and Paint Protection. The employer argued for dismissal based on an exemption in Tennessee law, asserting they had fewer than five employees. Evidence, including an affidavit from the employer's owner and the employee's own affidavit, supported the claim that Music City had only three employees on the date of injury. The court found no genuine issue of material fact regarding the number of employees. Consequently, citing Tennessee Code Annotated section 50-6-102(13), which exempts employers with fewer than five employees, the judge granted summary judgment and dismissed Mr. Rowland's workers’ compensation claim with prejudice.

Workers' CompensationSummary JudgmentEmployer ExemptionEmployee CountNashville CourtAffidavit EvidenceClaim DismissalProcedural RulesTennessee LawUninsured Employer
References
2
Case No. MISSING
Regular Panel Decision

People v. Starks

Defendant was convicted of grand larceny in the third degree and two counts of offering a false instrument for filing in the first degree, stemming from his failure to report workers' compensation benefits while receiving social services benefits. The appellate court first addressed the defendant's Batson challenge regarding a peremptorily excused black juror, affirming the lower court's finding that the prosecutor's explanation was race-neutral. Next, the court found legally sufficient evidence to support the grand larceny conviction, noting that the defendant's misrepresentations were material and resulted in an overpayment exceeding $3,000. Additionally, the court rejected claims of abridged confrontation rights, prosecutorial misconduct, and ineffective assistance of counsel. Finally, the judgment was modified to impose concurrent, rather than consecutive, sentences for the grand larceny and false instrument for filing convictions, and as modified, affirmed.

Grand LarcenyFalse Instrument for FilingSocial Services Benefits FraudWorkers' Compensation OverpaymentBatson ChallengeJuror Peremptory ChallengeSufficiency of EvidenceConfrontation Clause RightsProsecutorial MisconductIneffective Assistance of Counsel
References
23
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