CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 90-00985-B-11 through 90-00990-B-11 and 90-01984-B-11 through 90-01989-B-11
Regular Panel Decision
Aug 28, 1991

In Re Eagle Bus Manufacturing, Inc.

This case pertains to the confirmation of the Third Amended Plan of Reorganization under Chapter 11 for Greyhound Lines, Inc. and its Affiliated Debtors. The hearing was held on August 27 and 28, 1991, presided over by Bankruptcy Judge Richard S. Schmidt in the Southern District of Texas. Numerous creditors and interested parties appeared, and several objections to the plan were filed. The Court, after reviewing evidence and arguments, overruled the remaining objections and found that the plan satisfied all applicable provisions of the Bankruptcy Code. The plan outlines the restructuring of debtor operations, treatment of various claims, and the liquidation or reorganization of subsidiaries. The Court ultimately confirmed the plan, emphasizing its feasibility and good faith in seeking to maximize returns for creditors and ensure the continuation of essential public services, with a specific exception for Eagle Bus Manufacturing, Inc.

Chapter 11 ReorganizationBankruptcy ConfirmationDebtors-in-PossessionCreditor ObjectionsPlan FeasibilityGood Faith PlanSecured Claims TreatmentUnsecured Claims TreatmentPriority Tax ClaimsNLRB Claim Estimation
References
5
Case No. 2019 NY Slip Op 07699 [176 AD3d 587]
Regular Panel Decision
Oct 24, 2019

Rivera v. 11 W. 42 Realty Invs., L.L.C.

Plaintiff Humberto Rivera was injured while riding in an elevator filled with unsecured construction materials. Defendants 11 West 42 Realty Investors, L.L.C. and Tishman Speyer Properties, L.P. successfully appealed the denial of their motion for summary judgment, with the Appellate Division finding they established prima facie that they did not cause or have notice of the unsafe condition and only exercised general supervisory control. Conversely, defendants NTT Services, LLC and Pritchard Industries, Inc.'s motion for summary judgment was denied and affirmed on appeal. They failed to demonstrate they did not create a hazard or fully displace the duty to maintain safe premises, given that their employee permitted plaintiff to enter the elevator despite company rules against it. The court also noted unresolved issues regarding contractual indemnification for 11 West 42 Realty Investors, L.L.C.

Elevator AccidentPremises LiabilitySummary Judgment MotionNegligenceContractual IndemnificationGeneral Supervisory ControlUnsecured MaterialsWorker SafetyAppellate Review
References
3
Case No. MISSING
Regular Panel Decision

Rainey v. Jefferson Village Condo No. 11 Associates

The plaintiffs, including Thomas E. Rainey, appealed orders from the Supreme Court, Westchester County, which denied their motion for summary judgment and granted the defendant's cross-motion for summary judgment, dismissing their personal injury complaint. Rainey had sustained injuries after falling from a roof while working for Montrose Construction, Inc., which was the sole general partner of the defendant, Jefferson Village Condo No. 11 Associates. The appellate court affirmed the dismissal, holding that the Workers’ Compensation Law §§ 11 and 29 barred the action against the partnership because it was considered one entity with Rainey's employer for workers' compensation purposes. The court also upheld the denial of the plaintiffs' motion to amend their complaint to add new direct claims, citing their undue delay in making the motion. Consequently, the plaintiffs' exclusive remedy remained their workers' compensation claim against Montrose.

Personal InjuryConstruction AccidentWorkers' Compensation BarExclusive RemedyPartnership LiabilityEmployer ImmunitySummary JudgmentAppellate ReviewAmended ComplaintLabor Law Violations
References
11
Case No. MISSING
Regular Panel Decision

In Re Terrorist Attacks on September 11, 2002

This Discovery Order, arising from consolidated actions related to the September 11, 2001 terrorist attacks, addresses disputes between the Ashton and Burnett plaintiffs and defendant National Commercial Bank (NCB). Magistrate Judge Maas ruled on the scope of limited jurisdictional discovery concerning NCB's contacts with the United States, an alleged 1998 audit, and customer bank records. The court granted discovery for a six-year period preceding the lawsuits regarding NCB's U.S. presence and ordered NCB to investigate and produce any existing 1998 audit. However, requests for underlying audit documents and specific customer bank records tied to Al Qaeda were denied due to an insufficient prima facie showing of conspiracy.

Discovery DisputeJurisdictional DiscoveryPersonal JurisdictionForeign Sovereign Immunities ActFSIAMinimum ContactsConspiracy TheorySeptember 11 AttacksNational Commercial BankSaudi Arabian Banks
References
16
Case No. MISSING
Regular Panel Decision

In Re Bodin Apparel, Inc.

Bodin Apparel, Inc. (Bodin) appealed a bankruptcy court order that granted priority status to a claim by the ILGWU Southeast Region Health and Welfare Fund (the Fund) for unpaid employee benefit contributions. The bankruptcy court had found that Bodin ceased its principal business operations by October 31, 1980, entitling the Fund's claim for contributions from the preceding 180 days to priority under 11 U.S.C. § 507(a)(4). Bodin contended that its post-October 1980 reorganization and liquidation activities constituted 'doing business,' which would shift the priority measurement date to its November 23, 1981 Chapter 11 filing, thereby eliminating the Fund's priority claim. The district court, under Judge Robert J. Ward, conducted a de novo review of the legal interpretation of 'cessation of business' within § 507(a)(4) and affirmed the bankruptcy court's decision, concluding that Bodin had indeed ceased its principal business by October 31, 1980, thus upholding the priority of the Fund's $32,964.98 claim.

Bankruptcy LawEmployee Benefit ClaimsPriority StatusCessation of BusinessStatutory InterpretationChapter 11 ReorganizationUnpaid ContributionsAppellate ReviewBankruptcy Code Section 507(a)(4)Labor Union Fund
References
8
Case No. 21 MC 101, 04 Civ. 7272(AKH)
Regular Panel Decision
Mar 09, 2007

In Re September 11 Property Damage

This opinion addresses the legal sufficiency of third-party actions filed by Seven World Trade Company, L.P. and Silverstein Properties, Inc. (Silverstein), owners and developers of 7 World Trade Center, seeking indemnification and contribution. Silverstein, who was both a plaintiff and defendant in various lawsuits following the September 11, 2001, destruction of 7WTC, brought claims against OEM Design and Construction Defendants, Citigroup Design and Construction Defendants, and engineers Irwin Cantor and Syska. The court granted motions to dismiss from all third-party defendants. It found OEM defendants immune under the New York State Defense Emergency Act, Citigroup defendants protected by Silverstein's prior assumption of risk, and Irwin Cantor and Syska dismissed for failure to meet heightened pleading standards for licensed design professionals.

September 11 AttacksWorld Trade CenterProperty DamageBusiness LossThird-Party LitigationIndemnificationContributionMotions to DismissSDEA ImmunityAssumption of Risk
References
24
Case No. 2023 NY Slip Op 06763 [222 AD3d 1013]
Regular Panel Decision
Dec 27, 2023

Rodriguez v. 27-11 49th Ave. Realty, LLC

The plaintiff, Tomas Rodriguez, appealed an order from the Supreme Court, Kings County, which granted summary judgment to defendant Mana Products, Inc., dismissing the complaint against it. Rodriguez had sued 27-11 49th Avenue Realty, LLC, and Mana after a slip and fall in a factory. The defendants argued that the complaint against Mana was barred by the exclusivity provisions of the Workers' Compensation Law, claiming Rodriguez was Mana's special employee. The Appellate Division affirmed the lower court's decision, finding that the defendants established a prima facie case for summary judgment based on Rodriguez's deposition testimony, indicating Mana controlled his work details, thus establishing a special employment relationship as a matter of law.

Special Employee DoctrineWorkers' Compensation ExclusivitySummary Judgment GrantPersonal Injury ClaimAppellate Division Second DepartmentControl over WorkEmployer LiabilityPlaintiff's AppealDefendant's MotionSlip and Fall Accident
References
5
Case No. MISSING
Regular Panel Decision

In Re Tay-Kwamya

The Debtor, Tay-Kwamya, filed for Chapter 7 bankruptcy on October 18, 2006. The Chapter 7 Trustee requested dismissal due to the Debtor's failure to provide all required payment advices within 60 days of filing, as mandated by 11 U.S.C. § 521(a)(l)(B)(iv) and General Order M-315. The Debtor explained that two pay stubs were missing but that her other submitted pay stubs and sworn affidavit provided sufficient "other evidence of payment." The Court found that the Debtor had met the statutory requirements, considering her fixed hourly wage and the likely minimal impact of the missing documents on creditors. Consequently, the Court denied the Chapter 7 Trustee's request for dismissal.

BankruptcyChapter 7Debtor's DutiesPayment AdvicesSection 521(a)(1)(B)(iv)Automatic DismissalGeneral Order M-315Evidentiary RequirementsTrustee RequestDismissal Denied
References
11
Case No. MISSING
Regular Panel Decision

Paese v. New York Seven-Up Bottling Co.

This case concerns a motion for Rule 11 sanctions filed by defendant Soft Drink and Brewery Workers Union, Local 812, against plaintiffs' counsel, Robert L. Ferris. Ferris represented nine former Seven-Up employees in a breach of fair representation claim against Local 812 under the Labor Management Relations Act. The underlying claim arose from Local 812's settlement of a WARN Act suit, with plaintiffs alleging the union failed to disclose material information regarding the settlement's impact on their creditor rights. At trial, Ferris failed to present any evidence demonstrating a causal link between the alleged omissions and the outcome of the ratification vote, which was an essential element of the plaintiffs' claim. The court found Ferris's signing and filing of the Findings of Fact and Joint Consolidated Pre-Trial Order, asserting causation without adequate proof after discovery, to be objectively unreasonable and a violation of Rule 11. Consequently, the defendant's motion for Rule 11 sanctions was granted, and Mr. Ferris was ordered to pay $2,000.00.

Rule 11 SanctionsBreach of Fair RepresentationLabor Management Relations ActWARN ActCausationAttorney MisconductObjective UnreasonablenessPost-Discovery ConductUnion SettlementBankruptcy Stay
References
10
Case No. MISSING
Regular Panel Decision

Roeglin v. Daves

The district court initially found a valid and enforceable Rule 11 agreement where Alfred and Sandra Daves settled claims against Scott Roeglin for injuries Alfred Daves sustained in an automobile collision. The Daveses appealed, asserting no such agreement existed, while Roeglin appealed the denial of attorney's fees. The dispute revolved around a series of letters exchanged between the Daveses, Universal Underwriters Insurance Company (Alfred Daves's worker's compensation carrier), and Roeglin, which Roeglin contended formed a binding Rule 11 agreement. The appellate court, after reviewing the correspondence, concluded that the letters did not satisfy the requirements of Texas Rule of Civil Procedure 11 for an agreement between the Daveses and Roeglin. Consequently, the appellate court reversed the district court's judgment dismissing the Daveses' action against Roeglin, remanding that portion for further proceedings, and affirmed the denial of Roeglin's attorney's fees.

Rule 11 AgreementSettlement AgreementContract EnforcementAppellate ReviewAttorney's FeesSubrogation ClaimWorkers' CompensationAutomobile CollisionTexas Civil ProcedureStatute of Frauds
References
7
Showing 1-10 of 2,519 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational