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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
Mar 26, 1998

In Re Bagel Bros. Bakery & Deli, Inc.

This order addresses whether Federal Rule of Bankruptcy Procedure 1014(b) imposes an automatic stay on proceedings in a subsequently-filed bankruptcy case. The case involves three Chapter 11 cases of Bagel Bros. Maple, Inc. and Bagel Bros. Deli & Bakery, Inc. in the Western District of New York, which are related to earlier Chapter 11 cases of MBC in the District of New Jersey. MBC filed a motion in New Jersey seeking to transfer venue and requested that the New York court automatically stay its proceedings based on Rule 1014(b). Bankruptcy Judge Michael J. Kaplan ruled that Rule 1014(b) does not constitute an automatic or self-executing stay upon the mere filing of a motion. Instead, a judicial determination and order from the first-filed court (District of New Jersey) are required to impose such a stay, ensuring that substantive rights are not abridged and allowing for judicial discretion in emergency matters. Therefore, the proceedings in the Western District of New York are not automatically stayed.

Bankruptcy ProcedureAutomatic StayFederal Rule of Bankruptcy Procedure 1014(b)Venue TransferChapter 11 ReorganizationInter-district BankruptcyJudicial InterventionSubstantive RightsFranchise AgreementsCash Collateral Disputes
References
12
Case No. MISSING
Regular Panel Decision

In re the Arbitration between J. K. Welding Co. & International Union of Marine & Shipbuilding Workers of America

In a legal proceeding, an appellant sought to obtain a stay of an arbitration. The arbitration concerned the alleged discharge of three employees, a matter that purportedly violated the seniority provisions outlined in a collective bargaining agreement between the appellant and the respondent union. The court affirmed the order that denied the appellant's request for a stay of the arbitration proceedings, and awarded $10 in costs and disbursements.

ArbitrationCollective Bargaining AgreementSeniority RightsEmployee TerminationStay of ProceedingsLabor DisputeUnion RepresentationAppellate ReviewContract ViolationJudicial Affirmation
References
0
Case No. MISSING
Regular Panel Decision

1-21 v. County of Suffolk

This case arises from allegations that the County of Suffolk and Suffolk County Police Department subjected Latino individuals to discriminatory policing, including illegal traffic stops, unjustified checkpoints, and 'stop and rob' schemes. The plaintiffs, referred to as 'Plaintiffs #1-21,' filed a motion to proceed anonymously, citing fears of retaliation and deportation. The court granted this motion, acknowledging the serious nature of the allegations, particularly against Defendant Scott Greene, who is also facing criminal charges related to the 'stop and rob' scheme. Additionally, the court ordered a stay of discovery solely with respect to Defendant Greene, balancing his Fifth Amendment rights against the plaintiffs' interest in an expeditious resolution. Discovery is permitted to proceed against other defendants, and a protective order for limited disclosure of plaintiffs' identities will be submitted.

Discriminatory policingRacial profilingFourth Amendment rights violationFifth Amendment rights violationFourteenth Amendment rights violation42 U.S.C. § 1983 claims42 U.S.C. § 2000d claimsAnonymous plaintiffsStay of proceedingsSelf-incrimination
References
46
Case No. 21 MC 100
Regular Panel Decision

In Re World Trade Center Disaster Site Litigation

This opinion addresses motions to stay proceedings in lawsuits filed by thousands of workers, including Kirk Arsenault and Steve Zablocki, who claim respiratory and other injuries from 9/11 World Trade Center clean-up efforts. The court clarifies the scope of a prior Second Circuit stay order concerning appeals of immunity claims made by the City of New York and its contractors. Judge Hellerstein rules that the Second Circuit's stay applies to appealing defendants within the CM03-defined World Trade Center site. Consequently, defendant Tully Construction Co. Inc.'s motion to stay is granted, while defendant Verizon New York Inc.'s motion is denied without prejudice, requiring a further showing of its immunity defense. Cases against non-appealing defendants or those outside the CM03 area are generally permitted to proceed with discovery.

World Trade Center Litigation9/11 Clean-up WorkersRespiratory InjuriesImmunity DefenseMotions to StayAppellate JurisdictionInterlocutory AppealCase Management OrdersFederal JurisdictionStabilization Act
References
10
Case No. MISSING
Regular Panel Decision
Aug 25, 1997

Ulster Electric Supply Co. v. Local 1430, International Brotherhood of Electrical Workers

This case involves an appeal from an order of the Supreme Court, Dutchess County, which granted a petition to stay arbitration. The Supreme Court determined that a prior arbitration award in favor of the appellant, which was not confirmed within one year as per CPLR 7510, warranted a stay of a subsequent arbitration proceeding initiated by the appellant based on the same claim. The court deemed the appellant's attempt to commence a second arbitration as an effort to circumvent the one-year limitations period for confirming an arbitration award. Additionally, any successive arbitration between the same parties concerning identical circumstances would violate the principles of res judicata. The appellate court affirmed the order, agreeing with the Supreme Court's decision to stay arbitration.

CPLR Article 75Stay ArbitrationArbitration AwardConfirmation PeriodRes JudicataSubsequent ArbitrationAppellate ReviewProcedural LawLimitations PeriodDutchess County Supreme Court
References
2
Case No. MISSING
Regular Panel Decision
Jan 23, 1962

In re the Arbitration between Frank Chevrolet Corp. & Meyers

The petitioner appealed an order and judgment from the Supreme Court, Westchester County, dated January 23, 1962. This initial order dismissed the petition, denied the petitioner's application for a stay of arbitration, and directed the parties to proceed with arbitration under a collective labor agreement. The petitioner also appealed from a second order, issued the same day, which granted a motion for reargument but ultimately adhered to the original decision. The appellate court affirmed the order entered on reargument, with costs, and dismissed the appeal from the original order, stating it was superseded.

ArbitrationCollective Labor AgreementStay of ArbitrationAppealReargumentOrder AffirmedWestchester County
References
0
Case No. MISSING
Regular Panel Decision

Bell Aircraft Corp. v. Siegler

The court affirmed both the final and intermediate orders without costs in this matter. The case primarily involved an appeal from an order that had found several defendants guilty of criminal contempt of court. Additionally, the appeal also addressed an order which denied a motion seeking to resettle an order of commitment. Furthermore, a motion to vacate and perpetually stay the orders of commitment was also denied. All presiding judges concurred with the decision.

Criminal ContemptOrder of CommitmentResettlement MotionVacate MotionStay OrdersAppellate ReviewOrder AffirmedJudicial Concurrence
References
1
Case No. MISSING
Regular Panel Decision

In Re General Motors Corp.

This Bench Decision addresses motions for § 158(d)(2) certification to the Circuit and, alternatively, for a stay pending appeal of a July 5 Order in the bankruptcy proceedings of GM and its affiliates. Presiding Judge Robert E. Gerber denied both motions, finding the conditions for direct appeal to the Circuit were not met due to controlling precedent in the Second Circuit and the lack of a question of public importance that had not already been decided. Regarding the stay request, the court determined that the movants failed to establish a substantial possibility of success on the merits. Granting a stay would inflict catastrophic and irreparable harm upon GM, its multitude of creditors, 225,000 employees, 500,000 retirees, 11,500 suppliers, 6,000 dealers, and the broader North American auto industry, outweighing any potential harm to the appellants. The decision emphasized the critical public interest in allowing GM's essential asset sale to proceed without delay to avoid immediate liquidation.

Bankruptcy AppealSection 158(d)(2) CertificationRule 8005 StayEquitable Mootness DoctrineSuccessor LiabilityPublic Interest FactorsIrreparable HarmCorporate LiquidationCreditors' CommitteeJudicial Discretion
References
14
Case No. MISSING
Regular Panel Decision

In re the Arbitration Between Carborundum Co. & Wagner

The court affirmed an order that granted a stay to the petitioner in arbitration proceedings. Additionally, the order denied a motion made by the unions to compel the petitioner to proceed with arbitration. The decision included an award of $10 costs and disbursements. All judges concurred with the ruling.

arbitrationstay of proceedingsmotion practicecosts and disbursementspanel decision
References
0
Case No. ADJ7408183
Regular
Feb 09, 2016

GABRIEL LOPEZ vs. EXPRESS REGENCY PARKING, BERKSHIRE HATHAWAY HOMESTATE COMPANIES

This case involves a dispute over conflicting stay orders on lien claims filed by Landmark Medical Management. The Appeals Board granted Landmark's Petition for Removal, rescinding a June 26, 2015 order that stayed proceedings due to criminal and civil indictments against Landmark. This rescinded order was superseded by an earlier, broader stay order from May 14, 2015, in a consolidated matter. The Board is consolidating this case with the prior stayed matters to ensure consistent application of a single stay order.

Petition for RemovalLandmark Medical ManagementPharmaFinance LLCMedRx Funding LLCSupplemental Minute Ordercriminal indictmentscivil complaintconflicting stay orderOscar ArreolaWestern Door & Trim
References
2
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