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Case Law Database

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

Case No. MISSING
Regular Panel Decision

In re Paragon Process Service, Inc.

Paragon Process Service, Inc. appealed a decision by the Unemployment Insurance Appeal Board, which held the company responsible for unemployment insurance contributions for its process servers from 1978 to 1980. Paragon contended that these process servers were independent contractors, not employees, over whom it exercised no control beyond legal requirements. The court, referencing precedents like *Matter of 12 Cornelia St. (Ross)*, determined that the Board lacked a rational basis for classifying the process servers as employees. Consequently, the court reversed the Board's decision. The matter was then remitted to the Unemployment Insurance Appeal Board for further proceedings consistent with this new finding.

Unemployment insuranceIndependent contractorProcess serversEmployer liabilityEmployee classificationAppellate reviewAdministrative decisionRational basis reviewLabor lawNew York law
References
2
Case No. MISSING
Regular Panel Decision
Oct 12, 1990

North Fork Environmental Council, Inc. v. Janoski

This case involves a CPLR article 78 proceeding to challenge the Town Board of Riverhead's determination to grant a special permit for a condominium development to Mill Pound Commons. The petitioner argued that the environmental impact statements were defective because the Town Board failed to consider the cumulative environmental effects of the project with other proposed projects in the Saw Mill Creek basin and did not consider archaeological impacts. The Supreme Court, Suffolk County, affirmed the Town Board's decision, finding that the projects were not "reasonably related" for a mandatory cumulative impact review and that archaeological impacts were not raised or supported during the review process. The court emphasized that a Critical Environmental Area designation alone does not mandate a cohesive framework for cumulative impact review and that new issues cannot be raised after the completion of the Environmental Impact Statement process.

Environmental Impact StatementSEQRACumulative Impact ReviewSpecial PermitCondominium UseTown Board DeterminationCritical Environmental AreaArchaeological ResourcesPublic CommentCPLR Article 78
References
4
Case No. 1:11-CV-157
Regular Panel Decision

United Pet Supply, Inc. v. City of Chattanooga

Plaintiff United Pet Supply, Inc., operating a pet store in Chattanooga, Tennessee, sued Defendants Animal Care Trust (a non-profit providing animal control services to the City of Chattanooga) and its employees (Karen Walsh, Paula Hurn, Marvin Nicholson, Jr.) for various constitutional and state law violations. The lawsuit stemmed from an incident in June 2010 where defendants confiscated animals, business records, and the plaintiff's city permit without a pre-deprivation hearing, alleging numerous City Code violations. Plaintiff claimed procedural due process violations, Fourth Amendment violations (unreasonable search and seizure), abuse of process, conversion, and tortious interference with business relationships and contract. The District Court granted in part and denied in part the defendants' motion for judgment on the pleadings. Specifically, the court denied the motion regarding Fourth Amendment and abuse of process claims, and denied it in part for procedural due process (regarding permit and animals but not business records) and conversion (against McKamey but not individual defendants). The court granted the motion for claims under the Tennessee Constitution and tortious interference claims, dismissing those with prejudice.

Fourth AmendmentDue ProcessProcedural Due ProcessAnimal Cruelty LawsBusiness Permit RevocationSearch and SeizureQualified ImmunityAbuse of ProcessConversionTortious Interference
References
100
Case No. MISSING
Regular Panel Decision

Steuben Foods, Inc. v. GEA Process Engineering, Inc.

Plaintiff Steuben Foods, Inc. initiated a patent infringement lawsuit against Defendants GEA Process Engineering and GEA Procomac S.p.A., alleging infringement of United States Patent No. 6,209,591. The case involved motions for summary judgment filed by the Defendants, which were subject to reports and recommendations by a Magistrate Judge. Following Plaintiff's objections to the Magistrate Judge's second Report and Recommendation, the District Court reviewed the matter de novo. The Court ultimately denied Plaintiff's objections and adopted the Magistrate Judge's recommendation, granting Defendants' amended motion for summary judgment. The decision hinged on the proper construction of the patent claim term "into," which the Court found to imply the possibility of contact with the contents of a region, a condition not met by the accused product.

Patent InfringementSummary JudgmentClaim ConstructionFederal Rules of Civil ProcedureMagistrate JudgeReport and RecommendationObjectionsSterile RegionsValve Activation MechanismAseptic Processing
References
12
Case No. MISSING
Regular Panel Decision

General Textile Printing & Processing Corp. v. Expromtorg International Corp.

The case involves a breach of contract action filed by General Textile Printing & Processing Corp. (GTP), a Connecticut corporation with offices in New York City, against Expromtorg International Corp. and its president, Guennadi Razouvaev, both Michigan residents. The defendants moved to stay the litigation in favor of arbitration, citing an arbitration clause in the original sales notes (OSN), and also sought to dismiss claims against Razouvaev for lack of personal jurisdiction. Plaintiff GTP opposed these motions and filed a cross-motion to stay arbitration, arguing that a later, unsigned settlement stipulation had supplanted the arbitration agreement and that defendants had waived their right to arbitrate through litigation. The Court denied the motion to dismiss Razouvaev, finding a prima facie case for piercing the corporate veil based on alleged fraudulent conduct. Ultimately, the Court denied GTP's cross-motion, ruling that the arbitration agreement in the OSN remained effective and that no waiver of arbitration had occurred, thus granting defendants' motion to stay the entire action pending arbitration.

Breach of ContractArbitrationPersonal JurisdictionCorporate Veil PiercingWaiver of ArbitrationDiversity JurisdictionFederal Arbitration ActSales NotesSettlement StipulationAlter Ego Doctrine
References
50
Case No. MISSING
Regular Panel Decision
Nov 19, 2018

Golden Spread Coop., Inc. v. Emerson Process Mgmt.

Plaintiff Golden Spread Cooperative, Inc. (joined by intervenor Westport Insurance Company) sued defendant Emerson Process Management Power & Water Solutions, Inc. for damages arising from a defective distributed control system (DCS) supplied by Emerson. The DCS, installed in Golden Spread's Unit 3 steam turbine, allegedly contained a logic error that caused the turbine to overheat and suffer extensive friction damage. Emerson moved for summary judgment, arguing that Golden Spread's claims for breach of contract, breach of express warranty, negligence, and strict product liability were barred by the contract's exclusive repair-or-refund remedy and the economic loss rule. The Magistrate Judge recommended granting summary judgment for Emerson, concluding that Golden Spread's acceptance of the DCS limited it to warranty claims which Emerson had fulfilled, and that the economic loss rule precluded tort recovery as the damage was to an integrated product, not 'other property.' The Senior Judge adopted these findings and recommendations, granting summary judgment in favor of Emerson.

Economic Loss RuleSummary JudgmentContract LawTort LawBreach of ContractBreach of WarrantyStrict Product LiabilityNegligenceComponent PartIntegrated Product
References
95
Case No. 15-25-00003-CV
Regular Panel Decision
Dec 20, 2024

Lone Star NGL Product Services LLC, (In Its Own Capacity and as Assignee) v. EagleClaw Midstream Ventures LLC and CR Permian Processing, LLC

This is a joint petition for a permissive interlocutory appeal stemming from an order by the Texas Business Court, Eleventh Division. The underlying lawsuit, filed in Harris County in May 2021, involves Lone Star NGL Product Services LLC (and its assignees) against EagleClaw Midstream Ventures LLC and CR Permian Processing, LLC, concerning natural gas purchase agreements. The parties entered a 'Subsequent Agreement' on September 13, 2024, to bring their dispute to the Texas Business Court, leveraging a statutory provision for jurisdiction by agreement. They filed a Joint Notice of Removal, but the Trial Judge issued an order on December 20, 2024, remanding the case. The judge ruled that House Bill 19's Section 8 limits the Business Court's subject-matter jurisdiction to actions commenced on or after September 1, 2024, which this case predates. However, recognizing substantial grounds for differing opinions and the need for clear precedent for the nascent Business Court, the judge certified a permissive interlocutory appeal on the jurisdictional question and stayed the remand order pending the appeal's resolution.

Jurisdictional DisputeBusiness CourtInterlocutory AppealContract LawEnergy LawNatural GasTexas LawStatutory InterpretationPermissive AppealEffective Date
References
40
Case No. MISSING
Regular Panel Decision
Oct 14, 2011

In re Giannis F.

The Family Court in Bronx County granted an application for a child to testify at a fact-finding hearing via two-way closed-circuit television, subject to cross-examination. This decision was affirmed by the Appellate Division. The court properly balanced the respondent mother’s due process rights with the emotional well-being of the child in permitting the child to testify outside their presence. An affidavit from a social worker, detailing multiple interviews with the child and consultations with another social worker, sufficiently established the potential trauma. An evidentiary hearing was deemed unnecessary as the mother failed to present evidence challenging the social worker's assessment or expertise.

Child TestimonyClosed-Circuit TelevisionSexual AbuseDue ProcessEmotional Well-beingSocial Worker AssessmentFamily CourtAppellate DivisionEvidentiary HearingTrauma
References
3
Case No. MISSING
Regular Panel Decision
Aug 16, 2012

Frigault v. Town of Richfield Planning Board

Petitioners, local citizens and property owners, challenged the Town of Richfield Planning Board's grant of a special use permit to Monticello Hills Wind, LLC for a six-wind turbine project. The challenge, a combined CPLR article 78 proceeding and declaratory judgment action, alleged violations of the State Environmental Quality Review Act (SEQRA), Open Meetings Law, Town Law, and local ordinances. The Supreme Court annulled the negative declaration and special use permit due to Open Meetings Law and Town Law violations, though it upheld the SEQRA review. On cross-appeals, the higher court reinstated the negative declaration, finding the Board's SEQRA compliance sufficient and any Open Meetings Law violation did not warrant annulment. However, the special use permit's annulment was affirmed, as the Board failed to provide proper notice to the County Planning Department and lacked a rational explanation for compliance with the Town's special use permit ordinance.

Environmental Quality ReviewSpecial Use PermitWind TurbinesPlanning BoardOpen Meetings LawTown LawNegative DeclarationSEQRA ReviewJudicial ReviewAdministrative Law
References
27
Case No. 2025 NY Slip Op 06231 [243 AD3d 1034]
Regular Panel Decision
Nov 13, 2025

Matter of County of Rockland v. New York State Dept. of Envtl. Conservation

The County of Rockland appealed a Supreme Court judgment that dismissed its application to annul a determination by the New York State Department of Environmental Conservation (DEC). The dispute centered on DEC's issuance of a renewed State Pollutant Discharge Elimination System (SPDES) permit for the Orangeburg Wastewater Treatment Plant, specifically concerning the County's request to incorporate a proposed diffuser project. The County argued that DEC improperly failed to rescind a notice of complete application to allow for a new review process, including consideration of its proposed diffuser, and by requiring a permittee-initiated modification request. The Appellate Division affirmed the Supreme Court's decision, finding that DEC acted rationally in declining to further delay the permit issuance given the lengthy process and the speculative nature of the diffuser project. The court also determined that the County's additional arguments regarding the "reopening" of the application and the application of equitable estoppel were unpreserved for review or lacked merit.

Environmental LawSPDES PermitWastewater TreatmentJudicial ReviewCPLR Article 78Administrative LawAppellate ReviewEffluent LimitsDiffuser ProjectSEQRA
References
15
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