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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

L&L Painting Co. v. Contract Dispute Resolution Board

L&L and Odyssey, contractors for lead-based paint removal on the Queensboro Bridge, disputed a contract drawing's interpretation with the Department of Transportation (DOT) concerning scaffolding clearance. Petitioners sought additional compensation after DOT rejected their proposed platform design, claiming a latent ambiguity in the contract. The Contract Dispute Resolution Board (CDRB) denied their claim, finding a patent ambiguity requiring pre-bid clarification. The Supreme Court upheld CDRB's decision, and this appellate court affirmed, concluding that the ambiguity was indeed patent, contrasting 'all roadways' in the note with the drawing's specific references. A dissenting opinion argued against this, stating an engineer would find no ambiguity.

Contract DisputePublic Works ContractQueensboro BridgeConstruction LawContract InterpretationAmbiguityPatent AmbiguityLatent AmbiguityCPLR Article 78Administrative Law
References
0
Case No. MISSING
Regular Panel Decision

Masterson v. Diocese of Northwest Texas

This Texas Supreme Court opinion addresses a church property dispute involving The Episcopal Church of the Good Shepherd. A majority of the local congregation voted to withdraw from The Episcopal Church of the United States (TEC) and the Episcopal Diocese of Northwest Texas due to doctrinal differences, renaming itself the Anglican Church of the Good Shepherd. The Diocese and loyal faction (Episcopal Leaders) sued to gain control of the property. The Court held that Texas courts must apply 'neutral principles of law' to resolve church property disputes, rather than deferring to hierarchical church decisions on property ownership. The previous summary judgment in favor of the Episcopal Leaders, based on the deference methodology, was reversed. The case was remanded for further proceedings consistent with the neutral principles approach, focusing on corporate bylaws, deeds, and state law regarding property and trusts.

Church Property DisputeNeutral Principles of LawDeference MethodologyFirst AmendmentFreedom of ReligionHierarchical ChurchTexas Supreme CourtCorporate GovernanceNon-Profit CorporationsTrust Law
References
59
Case No. MISSING
Regular Panel Decision

Barksdale v. Robinson

Darryll Barksdale filed an action against Morgan C. Robinson (and related entities) and Spirit Music Group (and affiliate) concerning copyright ownership and infringement of musical compositions 'Rockin It' and 'It's Magic.' Barksdale sought a declaration of sole ownership, which Robinson disputed, claiming co-authorship. Defendants moved to dismiss the complaint, asserting the claims were time-barred. The court converted the motion to summary judgment, subsequently granting it. It ruled that Barksdale's copyright ownership claims were time-barred by the three-year statute of limitations, as he knew of Robinson's claims by August 1998 but filed suit in December 2001. Consequently, the infringement claims, contingent on sole ownership, also failed. The court dismissed the Lanham Act claims for merely reiterating copyright disputes and declined supplemental jurisdiction over the remaining state law claims, thereby dismissing the entire case.

CopyrightMusic IndustryStatute of LimitationsSummary JudgmentCopyright InfringementCo-ownershipLanham ActEquitable EstoppelDismissalFederal Jurisdiction
References
28
Case No. MISSING
Regular Panel Decision

Funes v. VILLATORO

The appellate court addressed a dispute between Ursula Marisol Funes and Mauricio Funes (appellants) and Ernesto Antonio Villatoro (appellee) concerning the ownership of trade names "Buenos Dias El Salvador" and "Festival Guanaco," and claims of tortious interference. The initial dispute arose from an advertising disagreement for an El Salvadoran festival, leading the Funeses to register the names Villatoro claimed to own and send a cease-and-desist letter. Villatoro sued, alleging libel, tortious interference, and seeking declaratory judgment on trade name ownership. While a jury initially sided with Villatoro, the appellate court reversed several key findings due to insufficient evidence regarding trade name ownership, tortious interference, and lost profits. Consequently, the court reversed the declaratory relief and permanent injunction granted to Villatoro and remanded the issue of attorney's fees.

Trade NamesSecondary MeaningTortious InterferenceLost ProfitsDeclaratory JudgmentInjunctive ReliefAttorney's FeesSufficiency of EvidenceAppellate ReviewRadio Show
References
26
Case No. MISSING
Regular Panel Decision

In re the Arbitration between A.F.C.O. Metals, Inc. & Local Union 580 of International Ass'n of Bridge

This case concerns a dispute between Local Union 580 and AFCO Metals, Inc. regarding arbitration of pension fund contributions. Local 580 claimed AFCO underpaid contributions by assigning work to Carpenters Unions that should have been allocated to Local 580 members. AFCO sought to stay arbitration, arguing the dispute was jurisdictional and excluded from arbitration under their collective bargaining agreement. The Supreme Court initially dismissed AFCO's petition, but the Appellate Division reversed, finding the dispute jurisdictional. The Court of Appeals affirmed the Appellate Division's order, ruling that the underlying dispute is a jurisdictional matter, which the parties explicitly agreed to exclude from arbitration provisions in their collective bargaining agreement.

ArbitrationJurisdictional DisputeCollective Bargaining AgreementPension FundsUnion ContributionsWork AssignmentAppellate ReviewLabor LawContract InterpretationFund Delinquency
References
3
Case No. 2025 NY Slip Op 01159
Regular Panel Decision
Feb 27, 2025

Matter of American Bridge Co. v. Contract Dispute Resolution Bd. of the City of N.Y.

The Appellate Division, First Department, affirmed a lower court's decision denying American Bridge Company's (AB) petition to annul a determination by the Contract Dispute Resolution Board (CDRB). AB, a contractor for the New York City Department of Transportation (DOT), sought additional compensation for redesigning a protective shield on the Ed Koch Queensboro Bridge due to a discrepancy in vertical clearance measurements. However, the contract explicitly required AB to verify all existing dimensions, noting that DOT's figures were approximate. The court concluded that the contract unambiguously placed the responsibility for verifying dimensions on the contractor, and DOT had not made any bad faith misrepresentations, thereby affirming the denial of additional costs.

Contract DisputeConstruction ContractPublic WorksContract InterpretationRisk AllocationField MeasurementsBid DocumentsMisrepresentationAdministrative AppealArticle 78 Proceeding
References
4
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Lane & Leather Workers' Union of the United States

The case involves an appeal by an employer against a Special Term order compelling arbitration of disputes with a petitioner (union) following the expiration of a collective bargaining agreement. Disputes originated in January 1947 over roller wages, leading to a work stoppage in March that was settled by an agreement to arbitrate. A second dispute arose over the discharge of three employees, also demanded for arbitration. After the contract expired on June 1, 1947, the employer contended its obligation to arbitrate ceased. The Special Term ruled that the duty to arbitrate disputes arising during the contract term survived its expiration. The Appellate Division affirmed this order, specifying that arbitration should be limited to grievances pending before the contract's expiry on May 31, 1947.

ArbitrationCollective Bargaining AgreementWage DisputeWork StoppageEmployee DischargeContract ExpirationArbitrabilityAppellate ReviewLabor LawPanel Decision
References
6
Case No. 10-06-00401-CV
Regular Panel Decision
Apr 30, 2008

Joseph W. McCuen v. George Philips Huey, Jr.

This case is a declaratory judgment and interpleader action initiated by Chesapeake Exploration Limited Partnership to determine the rightful ownership of specific non-participating royalty interests. The trial court initially granted George Philips Huey, Jr.'s summary-judgment motion, declaring him the sole owner of these interests, which led to this appeal. The primary issues on appeal include the ownership dispute between George Philips Huey, Jr. and the heirs of Mary Huey, the obligation of Chesapeake to pay attorney's fees for an attorney ad litem representing various parties, and the entitlement of Mary's heirs who appeared to their own attorney's fees. The appellate court ultimately affirmed the trial court's judgment, confirming George Philips Huey, Jr. as the owner of the disputed interests.

Declaratory JudgmentInterpleader ActionRoyalty InterestsMineral Rights OwnershipReal Property LawProbate ProceedingsWill InterpretationParol Gift DoctrineSummary Judgment ReviewAppellate Procedure
References
75
Case No. 11-0332
Regular Panel Decision
Aug 30, 2013

Robert Masterson, Mark Brown, George Butler, Charles Westbrook, Richey Oliver, Craig Porter, Sharon Weber, June Smith, Rita Baker, Stephanie Peddy, Billie Ruth Hodges, Dallas Christian, and the Episcopal Church of the Good Shepherd v. the Diocese of Northwest Texas, the Rev. Celia Ellery, Don Griffis, and Michael Ryan

This case concerns a property dispute arising from a schism within a local church, The Episcopal Church of the Good Shepherd, after a majority of its members voted to disassociate from The Episcopal Church (TEC). The Diocese of Northwest Texas and loyal parishioners sued for control of the property, which was held by the church as a non-profit corporation. The Texas Supreme Court addressed the legal methodology for resolving such church property disputes, ultimately holding that Texas courts must apply the "neutral principles of law" approach, rather than the "deference" approach. This methodology requires civil courts to decide non-ecclesiastical issues like property ownership based on generally applicable secular law. Consequently, the Court reversed the lower court's summary judgment, which had been granted using the deference methodology, and remanded the case for further proceedings consistent with the neutral principles approach, emphasizing that the secular legal aspects of corporate governance and property ownership must be examined.

Church Property DisputeReligious AutonomyNeutral Principles of LawHierarchical ChurchCorporate GovernanceChurch SchismFirst AmendmentFree Exercise ClauseSummary JudgmentTexas Supreme Court
References
60
Case No. 91 CV 5056; 92 CV 0128
Regular Panel Decision

Loral Fairchild Corp. v. Matsushita Electric Industrial Co.

Plaintiff Loral Fairchild Corporation (Loral) initiated a patent infringement lawsuit, subsequently expanding it to include claims against National Semiconductor Corporation (NSC) and Fairchild Semiconductor Corporation (FSC) concerning patent ownership. NSC and FSC sought to dismiss or stay these additional claims, citing a lack of subject matter jurisdiction and the existence of ongoing patent ownership litigation in a California state court. While acknowledging the presence of supplemental jurisdiction for the ownership claims, the court ultimately exercised its discretion to abstain from immediate adjudication. After evaluating factors such as the order of jurisdiction, forum convenience, protection of federal plaintiff's rights, and the potential for piecemeal litigation, the court concluded that a stay was the most appropriate course of action. Consequently, the federal actions were ordered to be stayed pending the resolution of the related patent ownership dispute in the California state court.

Patent infringementPatent ownershipSupplemental jurisdictionAbstention doctrineJudicial estoppelStay of proceedingsIntertwined claimsFederal court discretionCalifornia state courtNew York state law
References
23
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