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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

Aetna Life & Casualty Co. v. McGregor

The Supreme Court erred in granting the plaintiff a permanent injunction that barred the defendant from proceeding before the Workers’ Compensation Board. Despite the Board ordering the defendant's case reopened, the plaintiff had only sought a preliminary injunction. A critical prerequisite for a preliminary injunction, irreparable injury, was not demonstrated by the plaintiff. Consequently, the appellate court reversed the order of the Supreme Court. The injunction against the defendant was unanimously vacated.

InjunctionPreliminary InjunctionIrreparable InjuryWorkers' Compensation BoardReversedVacatedAppellate ReviewCPLR 6312
References
1
Case No. MISSING
Regular Panel Decision

Freilich v. Fleischer

This order affirms the denial of the defendant's motion to vacate a temporary injunction. The temporary injunction was originally granted on May 27, 1923. The court unanimously affirmed the denial, awarding twenty dollars in costs and disbursements, without providing a written opinion. The panel included Justices Martin, P. J., Merrell, McAvoy, O’Malley, and Untermyer, JJ.

temporary injunctionmotion to vacateappellate decisionaffirmedcosts and disbursementsno opinionjudicial paneldenial of motioncivil procedure
References
0
Case No. MISSING
Regular Panel Decision

Diabo v. Delisle

Shaynah J. Diabo (mother) initiated a federal action under the International Child Abduction Remedies Act (ICARA) and the Hague Convention seeking the return of her minor child from the child's father and paternal grandparents. A previous April 2006 Order mandated the child's return to the mother in Canada and prohibited parties from seeking further custody orders. When the father subsequently filed a custody proceeding in Onondaga County Family Court, the mother sought a permanent injunction in federal court. The court granted the permanent injunction, finding that the state court action was barred by the Anti-Injunction Act's 'in aid of jurisdiction' and 'relitigation' exceptions. The federal court held that its retained jurisdiction and prior judgment on the child's best interest and habitual residence in Canada precluded relitigation of these issues in state court. The court also dismissed George M. Raus as a respondent and vacated an earlier Access Agreement, while directing the father to arrange visitation through a mediation center in Canada.

Child AbductionICARAHague ConventionPermanent InjunctionAnti-Injunction ActRes JudicataCollateral EstoppelFederal JurisdictionState Court InterferenceFamily Law
References
20
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

Stuhmer & Co. v. Korman

This case addresses a motion by defendants to vacate a stay contained within an order to show cause for an injunction pendente lite. The defendants argued that Section 882 of the Civil Practice Act, as amended in 1930, was not complied with. The court clarifies that the amended statute requires notice for temporary injunctions, but the character and extent of such notice are at the court's discretion, and any notice deemed sufficient by the court is compliant. The court further clarifies that the notice was not jurisdictionally defective merely because the summons and complaint had not been served at the time of the notice, as jurisdiction is provisional upon subsequent service. Therefore, the motion to vacate the stay was denied.

Injunction Pendente LiteStay OrderCivil Practice ActStatutory InterpretationJurisdictionNotice RequirementMotion PracticeTemporary InjunctionsNew York Law
References
7
Case No. MISSING
Regular Panel Decision

Dubinsky v. Joseph Love, Inc.

A motion seeking an order to affirm a prior order and judgment and to vacate a previous determination and order of the court was considered and denied by the judicial panel. The panel included Justices Martin, Townley, Callahan, and Peck.

Motion PracticeOrder AffirmanceJudgment AffirmancePrior DeterminationOrder VacaturJudicial Panel DecisionAppellate Review
References
1
Case No. MISSING
Regular Panel Decision

Blyer Ex Rel. NLRB v. P & W ELEC., INC.

The Petitioner, Alvin Blyer, Regional Director of Region 29 of the National Labor Relations Board, filed an application for a temporary injunction against Respondent P & W Electric, Inc. under Section 10(j) of the National Labor Relations Act, alleging unfair labor practices. The court, presided over by Judge Gershon in the Eastern District of New York, found reasonable cause to believe that P & W Electric had violated Sections 8(a)(1) and 8(a)(3) of the Act by discharging employees Michael Finn, Dane Ault, and John Kwarta due to their union organizing activities. The court determined that the requested injunctive relief, which included a cease and desist order and interim reinstatement of the three employees, was "just and proper" to preserve the pre-unfair labor practice status quo and prevent irreparable harm to the union's organizational efforts. Despite the respondent's arguments regarding employee misconduct, potential financial penalties, and alleged delay by the NLRB, the court found these insufficient to outweigh the need for injunction. Consequently, the application for a temporary injunction was granted, ordering P & W Electric to cease unfair labor practices, reinstate the named employees, and post the court's order.

Temporary InjunctionNational Labor Relations ActUnfair Labor PracticesUnion OrganizingEmployee ReinstatementCease and Desist OrderSection 10(j)Reasonable CauseJust and Proper ReliefLabor Law
References
17
Case No. MISSING
Regular Panel Decision

Curtis v. Schlegel Manufacturing Corp.

The plaintiff, a former employee, sought $419 in back vacation pay from the defendant, his former employer, under a collective bargaining agreement. The plaintiff initiated a lawsuit in Henrietta Justice Court after being denied recovery through the initial steps of the grievance procedure, but before exhausting the final step of binding arbitration. The Monroe County Court affirmed the lower court's judgment. However, the appellate court determined that the employee failed to exhaust all remedies available under the collective bargaining agreement. Citing legal precedents, the court ruled that an employee must complete the grievance procedure, including arbitration, when the union is willing to pursue the grievance. Consequently, the appellate order unanimously reversed the judgment, vacated the complaint, and dismissed it, without costs.

Vacation Pay DisputeCollective Bargaining AgreementGrievance ProcedureExhaustion of RemediesBinding ArbitrationEmployment LawContractual ObligationAppellate ReviewJudgment ReversalComplaint Dismissal
References
5
Case No. MISSING
Regular Panel Decision

Braun v. Carey

This case involves an appeal by defendants from an order denying their motion to vacate a summary judgment previously granted to the plaintiff. The plaintiff sued for legal services, and the defendants initially denied retainer and services, though their answer contained an inadvertent admission. After the plaintiff obtained summary judgment, the defendants sought to vacate it, arguing they were denied the opportunity to respond to late-served reply affidavits and that triable issues of fact existed regarding the retainer and the extent of services. The Supreme Court denied the defendants' motion to vacate, but the appellate court reversed, finding that genuine issues of material fact were indeed present, making summary judgment inappropriate. Consequently, the appellate court granted the defendants' motion to vacate the original order and allowed them leave to serve an amended answer.

AppealSummary JudgmentMotion to VacateAmended AnswerTriable Issues of FactLegal ServicesRetainer AgreementProcedural ErrorAppellate ReviewCivil Practice Rules
References
0
Case No. ADJ3218661 (OAK 0339889)
Regular
Feb 07, 2011

CHANCE ROLLINS vs. JOHN MARTIN STABLES, INC.; AMERICAN HOME ASSURANCE administered by AIG, CLAIMS SERVICES

The Appeals Board vacated its prior order granting reconsideration and dismissed the defendant's petition for reconsideration, finding the WCJ's ruling was not a final order. However, the Board granted removal, rescinded the WCJ's order, and denied the applicant's request for a neurology consultation under Labor Code §4601(a). The matter was returned to the trial level with instructions to issue an order for a new QME panel in neurology, as Dr. Jamasbi's request for a consultative neurological evaluation constituted good cause for a new panel under 8 Cal. Code Regs. §31.7. Attorney fees for the ex parte communication were upheld.

WCABPetition for ReconsiderationPetition for RemovalLabor Code 4601(a)Labor Code 4062.3QMEAgreed Medical EvaluatorNeurological ConsultMedical DirectorSpecialty Panel
References
0
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