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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

Mister Vee Productions, Inc. v. LeBlanc

This case involves a dispute over copyright infringement and breach of contract. Three corporations—Mister Vee, Delightful, and Vigor—sued individuals known as The Rhythm Makers, Paul Service, and corporations Arista Records, G.Q. Publishing, and Arista Music. Delightful alleged copyright infringement for the song 'Soul On Your Side.' Mister Vee and Vigor claimed The Rhythm Makers breached an exclusive agreement by recording other songs with Arista. The court addressed defendants' motion to dismiss non-copyright claims due to lack of pendent jurisdiction. The court ultimately declined jurisdiction and dismissed the state law claims, finding they did not share a 'common nucleus of operative fact' with the federal copyright claim.

Copyright InfringementBreach of ContractPendent JurisdictionFederal CourtState Law ClaimsMusic Industry DisputeExclusive Recording AgreementMotion to DismissJudicial EconomyCommon Nucleus of Operative Fact
References
12
Case No. MISSING
Regular Panel Decision

In re Nan FF.

This case concerns an appeal from an order of the Family Court of Otsego County which dismissed an adult adoptee's application to unseal her adoption records. The petitioner sought access to the records based on medical need, as per Domestic Relations Law § 114 (4). However, her application was denied because she failed to provide a certification from a licensed New York physician. Additionally, the submitted letters from an out-of-state social worker and physician did not sufficiently indicate that access to the records was "required" to address a serious illness, nor did they identify the specific information needed, thus failing to establish prima facie good cause under the statute. The appellate court affirmed the Family Court's dismissal of the application.

Adoption LawRecord SealingMedical GroundsGood Cause RequirementStatutory ComplianceFamily Court ProcedureAppellate ReviewPhysician CertificationOut-of-State CertificationDocumentary Evidence
References
5
Case No. ADJ7180052
Regular
Dec 16, 2013

JEFF ALLMAN vs. HELEN TOWERS MANAGEMENT COMPANY, YORK VALENCIA

The Workers' Compensation Appeals Board dismissed Jeff Allman's Petition for Reconsideration as untimely. The original Findings and Award were issued on September 17, 2013, but the petition was not filed within the statutory 25-day deadline. Even if timely, the Board noted the petition was skeletal, failing to address the merits of the original decision. Furthermore, the Board found no record of Allman updating his address per regulations, and proof of service on his official address was valid.

Petition for ReconsiderationUntimely FilingOfficial Address RecordProof of ServicePresumption of ReceiptDWC Rule 10205.5(c)Skeletal PetitionFindings and AwardWorkers' Compensation Appeals BoardLabor Code section 5903
References
5
Case No. ADJ4637163
Regular
Sep 09, 2013

KATHY GLENN FIRMALO vs. JOHN C. FREMONT HEALTHCARE, DISTRICT; STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board denied a petition for reconsideration, affirming the dismissal of a lien claim. The lien claimant argued improper service of hearing notices, but the Board found their status as an unrepresented claimant allowed for direct service. Electronic records confirmed the lien claimant was in the Official Address Record at the time of service. The Board adopted the Administrative Law Judge's reasoning, emphasizing that the lien claimant provided no factual basis to rebut the service records.

WCABPetition for ReconsiderationDenying PetitionOrder Dismissing LienLien ClaimantUnrepresented Lien ClaimantNotice of RepresentationElectronic Adjudication Management SystemEAMSOfficial Address Record
References
0
Case No. Motion sequence Nos. 002 and 005
Regular Panel Decision

UMG Recordings, Inc. v. Escape Media Group, Inc.

UMG Recordings, Inc. sued Escape Media Group, Inc. for common-law copyright infringement and unfair competition. Escape asserted DMCA safe harbor and CDA preemption defenses, along with Donnelly Act and tortious interference counterclaims. The court denied UMG's motion to dismiss the DMCA safe harbor defense, ruling it applies to pre-1972 recordings. However, the court granted UMG's motion to dismiss the CDA preemption defense, clarifying that the CDA's intellectual property exemption covers both federal and state laws. Additionally, Escape's Donnelly Act counterclaim was dismissed, but UMG's motions to dismiss the tortious interference counterclaims were denied, rejecting defenses like the Noerr-Pennington doctrine and economic interest.

Copyright InfringementDMCA Safe HarborPre-1972 RecordingsUnfair CompetitionCommunications Decency ActTortious InterferenceDonnelly ActNew York Common LawInternet Service ProvidersAntitrust
References
34
Case No. LAO 0844240
Regular
Feb 08, 2008

JESUS L. RAMIREZ vs. GLABMAN FURNITURE, VIRGINIA SURETY COMPANY, APPLIED RISK SERVICES, CLARENDON NATIONAL INSURANCE COMPANY

This case involves a defendant's petition for reconsideration of an order vacating the dismissal of a lien claimant's lien. The Appeals Board dismissed the petition because reconsideration is only available for final orders, and the order in question was procedural. The Board also denied the defendant's request for removal, finding no prejudice or irreparable harm, and advised updating the lien claimant's address on the Official Address Record.

Workers' Compensation Appeals BoardLien ClaimantOfficial Address RecordPetition for ReconsiderationOrder Dismissing LienInterlocutory OrderSubstantive RightPetition for RemovalExtraordinary RemedyIrreparable Harm
References
7
Case No. ADJ7191043
Regular
Jan 28, 2013

LORETTA LAMB vs. CENTER POINT, INC.; EVEREST NATIONAL INSURANCE COMPANY, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board dismissed Basso Pharmacy's Petition for Reconsideration due to multiple procedural defects. The petition was unverified, failing to meet Labor Code section 5902 requirements, and lacked proof of service on the parties as mandated by regulations. Additionally, the petition was deemed "skeletal" for failing to provide specific legal basis or record references, violating California Code of Regulations section 10846. The Board noted that the lien claimant was properly on the Official Address Record and would have denied the petition on the merits.

Lien claimantPetition for reconsiderationDismissalUnverified petitionProof of serviceSkeletal petitionLabor Code section 5902California Code of Regulations title 8 section 10850WCJ ReportOfficial Address Record
References
4
Case No. ADJ6464792
Regular
Jun 07, 2013

MARIA DE NAVA vs. KELLERMEYER BUILDING SERVICES, GALLAGHER BASSETT SERVICES, INC.

Here's a summary of the case in four sentences for a lawyer: The Workers' Compensation Appeals Board denied defendant's Petition for Removal, affirming the Administrative Law Judge's (ALJ) decision. The ALJ vacated a Notice of Intention to Dismiss the lien of Frontline Medical Associates. This decision was based on the finding that Frontline did not receive proper notice of the lien conference at its official address of record, despite defendant's attempts to serve an earlier contact address. The Board adopted the ALJ's reasoning, emphasizing the importance of proper service and the policy favoring determination on the merits.

Petition for RemovalOrder DenyingWorkers' Compensation Appeals BoardWCJ ReportLien ConferenceNotice of Intention to DismissVacating OrderLien ClaimantService of ProcessOfficial Address Record
References
1
Case No. ADJ1393892
Regular
Aug 16, 2011

JOSE NAVARRO vs. LOCKHEED

The Appeals Board denied the applicant's Petition for Reconsideration regarding an alleged March 12, 1990 injury, upholding the WCJ's finding that no industrial injury occurred. The Board granted removal on its own motion to address potential sanctions against applicant's counsel for citing medical records not present in the official record, which is a violation of WCAB rules and attorney ethics. The Board issued a Notice of Intention to impose $1,000 in sanctions jointly against the attorney and his firm, and awarded attorney's fees to the defendant. Other outstanding issues in the consolidated cases are returned to the trial level for further proceedings by the WCJ.

Petition for ReconsiderationQualified Medical EvaluatorSubstantial EvidenceCredibility DeterminationMisleading PetitionSanctionsLabor Code Section 5813WCAB RulesAttorney's DutyEvidence Outside Record
References
4
Case No. MISSING
Regular Panel Decision

Application of United Electrical, Radio & M. Workers

This case addresses a motion to expunge a Grand Jury's "presentment" from court records and to remove its members from jury rolls due to alleged misconduct. The petitioners, including the United Electrical, Radio & Machine Workers of America and the American Communications Association, argued the presentment violated grand jury secrecy, exceeded jurisdictional bounds, and infringed upon religious freedoms. The Grand Jury's report, concerning non-Communist affidavits filed by union officials, was widely disseminated and prompted the National Labor Relations Board to take actions against the unions, which were later judicially enjoined. District Judge Weinfeld ruled that the Grand Jury indeed overstepped its authority by issuing a condemnatory report without an indictment and breached secrecy protocols, specifically noting the improper public disclosure of union officials' names. The court also highlighted the inappropriateness of the Grand Jury's inquiries into witnesses' religious beliefs. Consequently, the judge granted the motion to expunge the controversial report but denied the request to strike the jurors' names, acknowledging their belief in acting within their authority.

Grand Jury PowersPresentment ExpungementJudicial ReviewSeparation of PowersFirst Amendment RightsFifth Amendment PrivilegeLabor LawTaft-Hartley ActNon-Communist AffidavitsFreedom of Religion
References
59
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