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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 07, 2007

Lentz v. Spanky's Restaurant II, Inc.

This Amended Order addresses a plaintiff's motion for notice to potential class members in a Fair Labor Standards Act (FLSA) collective action. The plaintiff, a waiter, alleges that defendants Spanky’s Restaurant II, Inc. d/b/a Double Nickel Steakhouse, Lisa West, and Lady West Enterprises, LTD d/b/a Double Nickel Steakhouse violated FLSA by requiring waitstaff to participate in a "tip pool" with expediters who do not customarily receive tips and by failing to display required notice. The court, considering both the Lusardi and Shushan approaches to class certification, denied the plaintiff's motion. The denial was based on the plaintiff's failure to identify a sufficient number of similarly situated individuals and to provide adequate factual evidence beyond conclusory allegations. The court also noted the novelty of defining expediters' eligibility for tip-sharing and concerns about the breadth of the proposed notice. Consequently, the plaintiff's motion for notice to potential class members was denied.

FLSACollective ActionTip PoolingClass CertificationSimilarly SituatedWage and HourEmployment LawFair Labor Standards ActNotice RequirementsDenial of Motion
References
30
Case No. MISSING
Regular Panel Decision

Moore v. Eagle Sanitation, Inc.

Plaintiffs Kevin Moore and Roger Snyder filed a lawsuit against Eagle Sanitation Inc. and Michael Reali, seeking unpaid overtime compensation under the Fair Labor Standards Act (FLSA) and New York Labor Law. They moved for conditional certification as an FLSA collective action, production of contact information for potential class members from April 2005 to April 2011, and court authorization to circulate a Notice of Pendency. The court, presided over by Magistrate Judge A. Kathleen Tomlinson, granted the motion for conditional certification, finding that the plaintiffs met the lenient evidentiary standard required at this stage. Additionally, the court granted the request for defendants to produce contact information for a six-year period to account for state law claims, emphasizing judicial economy. The court also authorized the dissemination of the proposed notice, with minor modifications regarding the inclusion of defense counsel's contact details and clarification on potential costs and discovery obligations for opt-in plaintiffs.

FLSACollective ActionOvertime CompensationNew York Labor LawConditional CertificationNotice of PendencyStatute of LimitationsDiscovery of Class MembersWage and Hour DisputeEmployment Law
References
26
Case No. MISSING
Regular Panel Decision

In Re Cyberonics Inc. Securities Litigation

This consolidated case is a putative securities fraud class action against Cyberonics, Inc. The plaintiff, Cyberonics Investor Group (CIG), filed an amended complaint that expanded the class period and added new claims. Los Angeles County Employees Retirement Association (LACERA), a potential lead plaintiff, moved to intervene, compel CIG to republish notice of the lawsuit, and stay proceedings. LACERA argued that the expanded class and new claims necessitated republication under the PSLRA to ensure proper notification and allow the identification of the most appropriate lead plaintiff, given LACERA's significantly larger alleged losses. The court granted LACERA's motions to compel republication of notice and to stay the proceedings, agreeing that the amendments substantially expanded the potential class. However, LACERA's motion to intervene was denied with leave to reurge, and CIG's motion to sever the new claims was denied.

Securities FraudClass ActionPSLRAPrivate Securities Litigation Reform ActMotion to InterveneNotice RequirementAmended ComplaintClass PeriodLead PlaintiffStay of Proceedings
References
10
Case No. ADJ3758649 (SAL 0085688)
Regular
Apr 11, 2014

, Enrique vs. , MONTEREY MUSHROOMS, INC.;, CALIFORNIA INSURANCE GUARANTEE, ASSOCIATION for SUPERIOR NATIONAL, INSURANCE COMPANY, in liquidation,, administered by SEDGWICK CMS,

The Workers' Compensation Appeals Board (WCAB) reviewed defendant Monterey Mushrooms' Petition for Reconsideration regarding applicant Enrique Castaneda's knee injury. While affirming the WCJ's findings of injury and need for future medical care, the WCAB issued a Notice of Intention to Impose Sanctions against defendant's counsel. This notice cites unprofessional and disrespectful language used in the petition, deeming it potentially frivolous and in bad faith. The WCAB will issue a final decision on sanctions and the merits of the reconsideration after allowing time for a written objection.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings of FactRight Knee InjuryDate of InjuryStatute of LimitationsFuture Medical CareSanctionsBad Faith ActionsFrivolous Tactics
References
0
Case No. ADJ7944481
Regular
Aug 22, 2013

IGNACIO PAZ vs. BENIHANA, INC., ZURICH LOS ANGELES

In this workers' compensation case, multiple lien claimants' liens were dismissed for failure to pay the required activation fee or appear at a lien conference. Their attorney claimed they lacked notice of the conference, but evidence indicates their representative initiated the conference and was served with notice. The Appeals Board granted reconsideration to consider sanctions against the attorney for filing a petition for reconsideration that appears indisputably without merit, potentially based on misrepresentation or failure to investigate facts. The Board intends to impose sanctions on the attorney for alleged bad faith actions under Labor Code Section 5813.

Lien activation feeLabor Code section 5813WCAB Rule 10561Declaration of ReadinessNotice of Hearinglien conferencepetition for reconsiderationbad faith actionfrivolous petitiondue process violation
References
1
Case No. ADJ2644699 (OXN 0127883)
Regular
Jan 01, 2014

RIGOBERTO ITURBIDE vs. WOLFE & KINSLER, PACIFIC COAST LABOR, STATE COMPENSATION INSURANCE FUND

The Appeals Board dismissed Dr. Aminian's petition for reconsideration of a lien dismissal because it was unverified and lacked good cause. Removal was granted sua sponte to initiate sanctions proceedings against Dr. Aminian, his representative Durden & Associates, and Ted Durden for filing a frivolous and potentially false claim regarding notice of a lien conference. The Board found evidence of service and a prior opportunity to raise the notice issue, suggesting bad faith or unnecessary delay. Sanctions up to $1,500 are pending a response showing good cause from the lien claimant and his representatives.

Workers' Compensation Appeals BoardPetition for ReconsiderationOrder Dismissing LienLien ClaimantRemovalSanctionsUnverified PetitionGood CauseLien ConferenceNotice of Intent to Dismiss
References
3
Case No. MISSING
Regular Panel Decision

O'Halloran v. City of New York

The petitioner, a police officer, sought permission to file a late notice of claim against the City of New York for injuries sustained from toxic substance exposure during World Trade Center rescue and recovery operations. The court evaluated the reasonableness of the petitioner's delay in filing, the City's actual knowledge of the claim, and any potential prejudice to the City. It was determined that the petitioner had a reasonable excuse for the delay, attributed to the gradual manifestation of symptoms, and that the City possessed sufficient actual knowledge due to the widespread awareness of WTC-related health issues. Furthermore, the court found no prejudice to the City's ability to investigate the claim. Consequently, the petition was granted, and the notice of claim was deemed timely filed.

World Trade CenterToxic ExposureLate Notice of ClaimGeneral Municipal LawPolice OfficerRespiratory Illness9/11Municipal LiabilitySpecial ProceedingInjury Claim
References
5
Case No. ADJ8988577
Regular
Jan 03, 2015

GUILLERMINA AGUILAR vs. CERTIFIED CONCIERGE SERVICES/OASIS OUTSOURCING

The Workers' Compensation Appeals Board (WCAB) dismissed the defendant's petition for reconsideration of a trial setting order, finding it was not a final order. The WCAB also denied the defendant's petition for removal, finding no significant prejudice or irreparable harm from proceeding to trial on injury AOE/COE. However, the WCAB granted removal on its own motion to issue a notice of intent to sanction the defendant and defense counsel for filing a frivolous petition in bad faith, potentially imposing up to \$1,500 plus costs. The Board cited prior similar findings against the same defendant and counsel as a basis for the potential sanctions.

Petition for ReconsiderationPetition for RemovalAOE/COE trialmandatory settlement conferenceQualified Medical ExaminerQME panelnon-final ordersanctionsbad faith filingLabor Code Section 3600(a)(10)
References
1
Case No. MISSING
Regular Panel Decision

Piotrowski v. Onteora Central School District

Petitioner Henry Piotrowski, a State Trooper, sustained injuries from a fall on school stairs owned by respondent in May 1987 while investigating a burglary. In June 1988, he sought leave to file a late notice of claim, citing a mistaken belief that only workers' compensation was available and recent awareness of injury severity. He argued the respondent had actual notice due to an employee's presence. However, the Supreme Court denied his motion, and the appellate court affirmed, noting the petitioner did not inform the employee of the injury and the potential prejudice to respondent due to changed stair conditions over the year. The appellate court found the denial within the Supreme Court's discretion.

late notice of claimGeneral Municipal Lawpersonal injuryworkers' compensationactual noticeprejudicejudicial discretionappellate reviewpremises liabilityslip and fall
References
2
Case No. MISSING
Regular Panel Decision
Dec 29, 2010

Lindberg v. UHS OF LAKESIDE, LLC

Plaintiffs Cherie Lindberg and Grady Moody filed a motion for conditional class certification under the FLSA against Defendants UHS of Lakeside, LLC, Community Behavioral Health, LLC, and Universal Health Services, alleging unpaid overtime due to an automatic 30-minute meal break deduction policy. The policy applied to all non-exempt employees, regardless of whether they actually took a break, and placed the burden on employees to reverse the deduction via time adjustment forms, which management allegedly discouraged or ignored. The Court applied a lenient "notice stage" standard and found that Plaintiffs made a modest factual showing that they and other putative class members were victims of a common practice leading to improper compensation. The Court granted the motion for conditional class certification for all present and former hourly employees of the defendants who worked at the Memphis, Tennessee facilities from January 7, 2007, to the present. The Court also ordered defendants to provide contact information for potential opt-in plaintiffs and directed parties to submit a mutually acceptable notice letter.

FLSAOvertime PayMeal Break DeductionConditional Class CertificationCollective ActionWage and HourHealthcare EmployeesAutomatic Deduction PolicyUnpaid WorkEmployee Compensation
References
30
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