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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

Hopkins v. Cornerstone America

This case involves former insurance agents, led by Joseph Hopkins, suing Cornerstone America, Mid-West National Life Insurance Company of Tennessee, and United Insurance Companies, Incorporated, for unpaid overtime wages and retaliation under the Fair Labor Standards Act (FLSA), breach of contract, and common-law fraud and conversion. The central issue is whether the plaintiffs were employees or independent contractors under the FLSA. The Court found that most plaintiffs, except Chris Fox, were employees based on an economic reality test, considering factors like degree of control, relative investment, opportunity for profit and loss, skill and initiative, and permanency of the relationship. Consequently, the court partially granted the plaintiffs' motion for partial summary judgment and partially granted and denied the defendants' motion to dismiss or for summary judgment. It dismissed Chris Fox's FLSA claims due to judicial estoppel and dismissed all claims against United Insurance and the plaintiffs' abandoned fraud and conversion claims.

Fair Labor Standards ActEmployee ClassificationIndependent ContractorOvertime WagesRetaliationBreach of ContractJudicial EstoppelEconomic Reality TestCorporate VeilPublic Policy Violation
References
36
Case No. MISSING
Regular Panel Decision
Apr 15, 1998

Lawless v. Kera

The plaintiff was awarded partial summary judgment on a Labor Law § 240 (1) cause of action, which imposes absolute liability on property owners and contractors for injuries from lack of safety devices when a worker falls from a height. Defendant Michael Kera, a third-party plaintiff and experienced in construction, appealed, arguing he fell under the statutory exception for one- and two-family dwelling owners who don't direct or control the work. The court found Kera did not qualify for the exemption because he was building the house solely for commercial purposes (selling it). The court also denied Kera's cross motion for summary judgment on the third-party complaint and the cross motion of Kera Construction Corp. and Vanessa Development Co., Inc., for summary judgment dismissing the complaint due to existing triable issues of fact. The order was affirmed, upholding the plaintiff's partial summary judgment and denying the defendants' cross motions.

Labor LawPersonal InjurySummary JudgmentAbsolute LiabilityStatutory ExceptionCommercial PurposeHomeowner ExemptionConstruction BusinessTriable Issues of FactContributory Negligence
References
10
Case No. MISSING
Regular Panel Decision
Dec 15, 2015

Nance v. Crockett County

Jerry A. Nance sued Crockett County, Tennessee, for violations of the Fair Labor Standards Act (FLSA), alleging unpaid overtime and compensatory time. Both Nance and the County filed cross-motions for partial summary judgment. The court denied the County's motion, finding genuine issues of material fact regarding willfulness of the alleged FLSA violations and Nance's eligibility for the 480-hour compensatory time limit due to his emergency response duties. The court also denied Nance's motion for summary judgment on overtime liability and liquidated damages, citing factual disputes over the actual overtime hours worked and the accuracy of his records. Consequently, both parties' motions for partial summary judgment were denied, and the case will proceed to trial.

FLSAOvertimeCompensatory TimeSummary JudgmentStatute of LimitationsWillfulnessEmergency ServicesPublic EmploymentWage and HourEmployment Law
References
41
Case No. MISSING
Regular Panel Decision

International Ass'n of Firefighters Local 3858 v. City of Germantown

This case involves the International Association of Firefighters Local 3858 (Association) suing the City of Germantown and its officials for their refusal to recognize the union and deduct membership dues from firefighters' wages, as per Tennessee Code Annotated § 7-51-204. The Association moved for partial summary judgment, asserting the statute mandated dues deduction. Defendants cross-moved for summary judgment, arguing the statute was unconstitutional. The court found that the Association qualified as an 'employee association' under the statute's plain meaning. However, it ruled that T.C.A. § 7-51-204(b), which selectively exempted certain counties based on population, violated the equal protection guarantees of both the U.S. and Tennessee Constitutions. Due to the inapplicability of the elision doctrine, the entire statute was struck down, leading to the denial of the Plaintiff's motion and the granting of the Defendants' motion.

Summary JudgmentEqual ProtectionStatutory InterpretationUnion DuesFirefighters AssociationT.C.A. § 7-51-204Constitutional LawState ConstitutionsFederal ConstitutionsLegislative Intent
References
47
Case No. MISSING
Regular Panel Decision

Alvarez v. Michael Anthony George Construction Corp.

This Memorandum & Order addresses a motion for partial summary judgment filed by multiple plaintiffs against landscaping and construction businesses and their owner, alleging violations of the Fair Labor Standards Act (FLSA) and New York Labor Law regarding unpaid overtime and retaliation. The Court denied summary judgment on the FLSA claim due to insufficient evidence of interstate commerce. However, partial summary judgment was granted to the plaintiffs on their state law overtime claims, as evidence showed they worked over forty hours without proper compensation. The employee status of three plaintiffs (Juan Castillo, Juan Leonel Lopez Juarez, and Jorge Mario Ramos Munoz) remained a disputed factual issue, exempting their claims from this partial judgment.

FLSANew York Labor LawOvertime CompensationWage and Hour DisputeSummary Judgment MotionEmployer LiabilityEmployee MisclassificationRetaliation ClaimInterstate Commerce RequirementPayroll Record Inadequacy
References
26
Case No. MISSING
Regular Panel Decision

Taylor v. AUTOZONERS, LLC

Karen Taylor initiated an action against AutoZoners, LLC, alleging violations of the Family and Medical Leave Act (FMLA) and retaliation for filing a workers' compensation claim. The case involved cross-motions for partial summary judgment concerning the FMLA claim. Taylor, an order selector, sustained a back injury and argued her absences should be protected under FMLA due to a serious health condition. However, the court determined that Taylor failed to provide sufficient evidence of a 'serious health condition,' specifically lacking proof of sustained incapacity or a chronic condition requiring continuous treatment as defined by FMLA regulations. Consequently, the court granted AutoZoners' motion for summary judgment, denied Taylor's cross-motion, and dismissed the FMLA interference and retaliation claims, with the state law claims dismissed without prejudice.

FMLAFamily and Medical Leave ActRetaliationWorkers' Compensation ClaimSummary JudgmentBack InjuryLumbar StrainSerious Health ConditionIncapacityLight Duty
References
31
Case No. MISSING
Regular Panel Decision

Thrash v. Ocwen Loan Servicing, LLC (In Re Thrash)

James and Kimberly Thrash, former Chapter 13 debtors, filed an adversary proceeding against Ocwen Loan Servicing, LLC, alleging improper mortgage loan servicing, including misapplied payments, overstated debts, and wrongful foreclosure attempts. Ocwen admitted to some accounting errors and misallocations. The court ruled on cross motions for partial summary judgment, granting Ocwen's motion in part for claims like RESPA violations, negligence, gross negligence, and misrepresentation, citing lack of legal grounds or detrimental reliance from the plaintiffs. However, the court denied Ocwen's motion regarding unreasonable collection efforts, noting it was a fact-intensive issue for trial. The Thrash's motion for summary judgment on automatic stay violations and contempt was also denied, requiring these issues to proceed to trial.

Mortgage ServicingBankruptcy Chapter 13Automatic Stay ViolationContempt of Discharge OrderSummary JudgmentNegligence ClaimMisrepresentationUnreasonable Collection EffortsRESPAForeclosure
References
59
Case No. MDL No. 1038
Regular Panel Decision
Aug 26, 2002

In Re Norplant Contraceptive Products Liability Litigation

This multidistrict products liability action involved thousands of plaintiffs alleging injuries from the Norplant contraceptive device against American Home Products Corporation and its subsidiaries. The court considered two motions for partial summary judgment. The first, concerning the 'learned intermediary doctrine' and 26 primary side effects, was granted in part and denied for 10 plaintiffs whose cases were governed by New Jersey law due to an advertising exception. The second motion, addressing over 950 'exotic conditions' for which no causation evidence was presented, was granted against all plaintiffs. Ultimately, the court granted summary judgment against 2,960 plaintiffs, effectively concluding the MDL proceedings for the majority of the non-settling cases.

Products LiabilityNorplantContraceptive DeviceLearned Intermediary DoctrineCausationSummary JudgmentMultidistrict LitigationFailure to WarnPharmaceuticalsTexas Law
References
61
Case No. MISSING
Regular Panel Decision

Diamond Offshore Co. v. A&B BUILDERS, INC.

Diamond Offshore Company (Plaintiff) sued A&B Builders, Inc. (Defendant) for a declaratory judgment regarding the validity of a reciprocal indemnity provision and an additional-insured provision in their Master Service Contract. Lee McMillon, an A&B employee, sued Diamond after being injured on a Diamond rig. Diamond sought to enforce the contract's provisions against A&B. The Court found the Master Service Contract to be a maritime contract, governed by maritime law, thus invalidating A&B's arguments that state anti-indemnity laws or § 905(b) of the LHWCA applied to void the indemnity provision. The Court also determined that the additional-assured provision was an independent obligation. Consequently, the Court granted Diamond's motion for partial summary judgment and denied A&B's.

Maritime LawContractual IndemnitySummary JudgmentAdditional Insured ProvisionLongshore and Harbor Workers’ Compensation ActOuter Continental Shelf Lands ActDeclaratory Judgment ActionOffshore Oil and GasVessel RepairReciprocal Indemnity
References
35
Case No. MISSING
Regular Panel Decision
Dec 29, 1993

Robinson v. NAB Construction Corp.

The Supreme Court, Bronx County, initially denied the plaintiff's motion for partial summary judgment on liability. This decision was subsequently reversed on appeal, resulting in the plaintiff's motion for partial summary judgment being granted. The appellate court found the plaintiff, a construction worker, was entitled to summary judgment under Labor Law § 240 (1) due to a defective scaffold-ladder lacking safety devices, which was the proximate cause of her injuries. The defendants failed to demonstrate any triable issues of fact. The court affirmed that Labor Law § 240 (1) imposes absolute liability for elevation-related risks, and factors like rain or minor testimonial inconsistencies do not negate the claim, nor is comparative negligence a valid defense.

Labor Law § 240 (1)Scaffold-ladder defectConstruction site accidentAbsolute liabilitySummary judgmentProximate causeComparative negligenceElevation-related riskAppellate decisionWorker safety
References
14
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