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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
Jun 09, 2011

In re the Certification as Qualified Adoptive Parents Pursuant to Domestic Relations Law § 115-d

This case concerns Joanna K. and Scottye K.'s application to waive the mandatory certification as qualified adoptive parents for Jeremiah B., the biological son of Careese B. The K.s received physical custody of Jeremiah shortly after his birth in March 2009, prior to obtaining the required judicial certification, thereby violating New York's adoption statute. The court reviewed the convoluted history, including Careese B.'s judicial consent to adoption and the K.s' temporary custody order. However, the court denied the waiver application, emphasizing the critical importance of pre-placement certification to protect children and prevent unregulated transfers of custody. The decision stated that the petitioners failed to show good cause for waiver and that a retroactive approval of non-compliance would undermine legislative intent, although the K.s retain legal and physical custody pending the adoption petition.

Adoption Law CompliancePrivate-Placement Adoption RequirementsPre-Placement CertificationWaiver Application DenialChild Welfare LegislationFamily Law ProcedureJudicial DiscretionStatutory InterpretationParental Fitness StandardsCustody Transfer
References
9
Case No. MISSING
Regular Panel Decision

Parker v. Time Warner Entertainment Co., L.P.

This Memorandum & Order addresses plaintiffs' objections to a Magistrate Judge's recommendations regarding class certification. Plaintiffs Andrew Parker and Eric De-Brauwere sued Time Warner Cable, alleging violations of the Cable Communications Policy Act of 1984 by disclosing subscriber information. District Judge Glasser adopted the Magistrate Judge's findings, denying class certification for monetary claims under Rule 23(b)(2) due to the predominance of monetary relief, and denying full certification under Rule 23(b)(3) because a class action was deemed not superior given the statutory provisions for individual remedies. The court also declined to exercise supplemental jurisdiction over the plaintiffs' state law claims. Ultimately, the plaintiffs' objections to the Magistrate Judge's Report & Recommendation were denied, and the recommendations were adopted.

Class ActionClass CertificationRule 23(b)(2)Rule 23(b)(3)Cable Communications Policy ActSubscriber PrivacyMonetary ReliefInjunctive ReliefEastern District of New YorkMagistrate Judge Recommendation
References
31
Case No. MISSING
Regular Panel Decision
Mar 30, 2006

Flanagan v. United States

Plaintiff Brendan A. Flanagan sued the United States under the Federal Tort Claims Act (FTCA) for severe injuries sustained from a fall while performing boiler maintenance in the Dulski Federal Building in Buffalo, New York. The defendant moved to dismiss the complaint, citing sovereign immunity and the independent contractor exception. Magistrate Judge Leslie G. Foschio recommended granting the motion, finding that the government had contractually delegated maintenance and supervision duties to a private contractor and did not control the plaintiff's work. The court further ruled that claims based on non-delegable duties or strict liability under New York Labor Law Section 240 are impermissible under the FTCA. Chief Judge Richard J. Arcara adopted the recommendation, granting the motion to dismiss and closing the case.

Federal Tort Claims ActSovereign ImmunityIndependent ContractorMotion to DismissNegligenceNon-delegable DutyStrict LiabilityPersonal InjuryBoiler AccidentWorkplace Safety
References
29
Case No. MISSING
Regular Panel Decision
Jan 21, 2015

Local Union No. 40 of the International Ass'n of Bridge v. Car-Win Construction Inc.

The plaintiffs, several local unions and related benefit funds, initiated a lawsuit against Car-Win Construction, Inc. and CRV Precast Construction, LLC, alleging violations of a collective bargaining agreement and failure to contribute to benefit funds. Following the defendants' consistent non-compliance with discovery orders and failure to produce financial records, the plaintiffs moved for a default judgment. Magistrate Judge Michael H. Dolinger issued a Report and Recommendation, advising that the default judgment be granted, a post-default inquest for damages be conducted, and an audit of the defendants' financial records for specific periods be ordered. District Judge Laura Taylor Swain subsequently adopted this Report and Recommendation in its entirety, finding no clear error. The court also approved the plaintiffs' application for reasonable attorneys' fees incurred due to the defendants' dilatory tactics in discovery.

Default JudgmentDiscovery SanctionsERISACollective Bargaining AgreementBenefit Fund ContributionsAlter-Ego LiabilityFinancial AuditWage ViolationsFederal Rule of Civil Procedure 37Judicial Discretion
References
75
Case No. MISSING
Regular Panel Decision
Mar 22, 1993

Schwarz v. United Automobile Workers Union

Joyce Schwarz, a former employee of Trico Products Corp., filed a lawsuit under the Labor Management Relations Act (LMRA) against Trico, UAW, and UAW Local 2100. She alleged that Trico fraudulently induced her into early retirement through the "Windows of Opportunity" program in 1991, claiming Trico continued die casting operations with new employees at reduced wages after her departure. She also claimed the UAW breached its duty of fair representation. Defendants moved for summary judgment, arguing failure to state a claim under LMRA, the claim being time-barred, and failure to exhaust non-judicial remedies. Magistrate Judge Heckman recommended granting summary judgment, finding that Schwarz failed to exhaust the required grievance procedures under the collective bargaining agreement and the UAW Constitution, as her claims were "inextricably intertwined" with the collective bargaining agreement. The District Court adopted this recommendation and dismissed the case.

Summary JudgmentExhaustion of Administrative RemediesLabor Management Relations Act (LMRA)Fraudulent InducementBreach of Fair RepresentationCollective Bargaining AgreementEarly Retirement ProgramUnion Grievance ProceduresStatute of LimitationsWorkers' Rights
References
14
Case No. 11-cv-7679, 11-cv-8249
Regular Panel Decision

Tiro v. Public House Investments, LLC

This case consolidates two actions brought by "tipped/front of house" and "non-tipped/back of house" employees against several New York City restaurants and individuals for alleged violations of the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). Plaintiffs moved for class certification of their state-law claims. District Judge Colleen McMahon granted the motion in part, certifying eight subclasses based on employment at specific restaurants (Public House, Butterfield, Wicker Park, Black Finn) within the two broader categories of tipped and non-tipped workers. The court appointed Fitapelli & Schaffer, LLP as class counsel but directed the parties to submit new joint proposed class notices. Defendants are also ordered to disclose employee information for the subclasses.

Class certificationWage disputeFLSANYLLLabor lawRestaurant industryCollective actionTipped employeesNon-tipped employeesEmployer liability
References
30
Case No. MISSING
Regular Panel Decision

New York v. PVS Chemicals, Inc.

The State of New York initiated a lawsuit against PVS Chemicals, Inc., alleging violations of environmental statutes including the Clean Water Act (CWA) and the Resource Conservation and Recovery Act (RCRA), as well as state environmental laws and public nuisance, stemming from acidic material discharges. Magistrate Judge Heckman recommended converting defendant's dismissal motion to one for summary judgment, proposing partial grants and denials. District Judge Arcara largely adopted these recommendations, granting summary judgment to limit civil penalties for certain SPDES permit violations and dismissing Claim Two, and partially dismissing claims related to non-contact cooling water. The court also denied defendant's request to stay discovery and approved plaintiff's motion to amend the complaint, referring the case back to the Magistrate Judge for further proceedings.

Environmental LawClean Water ActResource Conservation and Recovery ActSPDES PermitIndustrial WastewaterGroundwater ContaminationSummary JudgmentMotion to DismissSupplemental JurisdictionCivil Penalties
References
37
Case No. MISSING
Regular Panel Decision

Skyline Specialty, Inc. v. Gargano

Petitioner, a New York-incorporated distributor of specialized equipment, sought certification as a woman-owned business enterprise (WOBE). The application, submitted by sole shareholder Nancy Struzenski, was denied because petitioner failed to demonstrate independent operation as required by state regulations. Petitioner challenged this determination via a CPLR article 78 proceeding, arguing that the respondent agency misinterpreted its own regulations and that the decision lacked substantial evidence. The court upheld the respondent's interpretation of the regulations as reasonable and found ample evidence, including petitioner's deep financial and operational ties to Environmental Products and Services, Inc. (EPS), to support the finding of non-independence. The court further dismissed petitioner's claims of procedural flaws during the initial investigation. Consequently, the determination to deny WOBE certification was confirmed, and the petition was dismissed.

Woman-Owned Business EnterpriseCertification DenialIndependent OperationAdministrative LawCPLR Article 78Judicial ReviewRegulatory InterpretationSubstantial EvidenceBusiness InterdependenceCorporate Structure
References
6
Case No. MISSING
Regular Panel Decision
Apr 29, 2010

Campbell v. Astrue

Bruce Campbell (Plaintiff) filed an action seeking review of the Commissioner of Social Security's denial of his application for Supplemental Security Income. Magistrate Judge Victor E. Bianchini issued a Report-Recommendation, which Chief Judge Norman A. Mordue adopted. The case involves a claimant's disability determination, focusing on his alleged illiteracy, residual functional capacity (RFC), mental impairments, and obesity. The court identified several deficiencies in the administrative law judge's (ALJ) decision, including an unsupported finding regarding the plaintiff's education level, a potentially flawed RFC assessment due to reliance on a non-medical opinion, and a failure to consider a reviewing psychologist's opinion on mental impairments. Consequently, the court remanded the Commissioner's decision for further proceedings to properly develop the record on the plaintiff's literacy, reconsider the RFC, and re-evaluate his mental impairments.

Social Security ActSupplemental Security IncomeDisability BenefitsResidual Functional CapacityIlliteracyMental ImpairmentsObesityVocational FactorsMedical-Vocational RulesAdministrative Law Judge
References
32
Case No. MISSING
Regular Panel Decision
Dec 14, 2016

Brown v. Barnes & Noble, Inc.

Plaintiffs, Café Managers (CMs), sued Defendant Barnes & Noble, Inc. for alleged violations of the Fair Labor Standards Act (FLSA), claiming improper classification as exempt from overtime pay despite performing non-exempt duties. They sought conditional certification of a nationwide collective action under FLSA Section 216(b). The court reviewed the two-stage process for FLSA collective action certification, noting the modest factual showing required at the first stage but emphasizing that certification is not automatic. The motion was denied without prejudice, as the court found the plaintiffs' evidence insufficient to demonstrate a common policy or plan requiring all CMs nationwide to primarily perform non-exempt work. The court indicated that plaintiffs could renew their motion if further discovery revealed additional evidentiary support.

FLSAFair Labor Standards ActOvertime PayWage and Hour LawCollective ActionConditional CertificationExempt EmployeeNon-Exempt EmployeeCafé ManagersJob Classification
References
33
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