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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

Beck v. LAW OFFICES OF EDWIN J. TERRY, JR.

This appeal concerns a lawsuit brought by Gary G. Beck and his companies against his former divorce attorneys for professional negligence, breach of fiduciary duty, DTPA violations, and breach of contract. Beck alleged that the attorneys improperly advised him during his divorce settlement, including corporate assets in the property division, and failed to disclose a conflict of interest and attorney Terry's alleged alcohol/substance abuse. The district court granted summary judgment on the non-negligence claims, deeming them

Professional NegligenceLegal MalpracticeBreach of Fiduciary DutyDTPA ViolationsBreach of ContractAttorney-Client RelationshipConflict of InterestAlcohol AbuseSubstance AbuseDivorce Settlement
References
48
Case No. 2024 NY Slip Op 04906 [233 AD3d 79]
Regular Panel Decision
Oct 08, 2024

Matter of Fein v. Langer

This case addresses a dispute between Ariel Fein and Irving Langer concerning investments in skilled nursing facilities and the enforcement of arbitration clauses. Langer initiated an action in Arizona state court, but Fein successfully moved in New York to compel arbitration and enjoin the Arizona proceedings. The Appellate Division affirmed, finding Langer judicially estopped by his prior stance in similar litigation to compel arbitration. The court held that the 2016 operating agreements’ broad arbitration provisions, including for Beth Din arbitration, remained effective and provided jurisdiction for the New York court to compel arbitration, rejecting Langer’s arguments of frustration of purpose and public policy.

Judicial EstoppelArbitration AgreementForum Selection ClausePreliminary InjunctionOperating AgreementLLC DisputeBeth DinContract InterpretationAppellate ReviewFraud Allegations
References
21
Case No. 2018-02-0470
Regular Panel Decision
Jan 25, 2019

Beck, Brian v. Rickie Neal, d/b/a Neal's Remodeling

Brian Beck sustained a broken heel after falling from a ladder while working for Rickie Neal, d/b/a Neal's Remodeling. Mr. Neal contended that Mr. Beck was an independent contractor and that he jumped, not fell, from the ladder. The Court found Mr. Beck was likely an employee based on statutory factors and that his injury occurred in the course and scope of his work, having fallen while avoiding wasps. Dr. Parr was designated as the authorized physician, and Mr. Neal was ordered to pay for medical treatment and temporary total disability benefits totaling $2,377.13. However, Mr. Beck's request for temporary partial disability benefits was denied due to insufficient evidence of inability to work beyond October 5, 2018.

Workers' Compensation ClaimEmployee StatusIndependent ContractorTemporary Total Disability BenefitsMedical Treatment AuthorizationWork-Related InjuryFall AccidentBroken HeelUninsured EmployerExpedited Hearing
References
2
Case No. MISSING
Regular Panel Decision

In re the Estate of Beck

Herbert Beck, who died intestate and without known heirs, had established a Totten trust savings account in trust for Camphill Village U.S.A., Inc. Before his death, he withdrew the funds and transferred a significant portion to an individually held certificate of deposit. The Surrogate's Court of Columbia County determined that Beck did not intend to revoke the trust, thus entitling Camphill to the remaining funds. The State of New York appealed, asserting its claim that the funds should escheat to the State due to the absence of heirs. The appellate court reversed, applying new legislation (EPTL 7-5.7) that deems the withdrawal of funds from a Totten trust as a revocation, thereby disallowing Camphill's claim and allowing the Attorney-General's objection.

Totten TrustEstate LawIntestacyEscheatTrust RevocationEPTLSavings AccountAppealsSurrogate's CourtBeneficiary Rights
References
4
Case No. MISSING
Regular Panel Decision

Beck-Nichols v. Bianco

This opinion addresses three consolidated cases challenging the residency policy of the School District of the City of Niagara Falls, New York. The policy mandated that employees hired or promoted after March 1, 1994, maintain residency within Niagara Falls. Applicants Karri Beck-Nichols, Roxanne Adrian, and Keli-Koran Luchey had their employment terminated for non-compliance with this policy. The court clarified that the residency requirement is an eligibility condition, not subject to typical teacher discipline hearings under Education Law, and found that the notice and opportunity to respond provided satisfied due process. Applying an arbitrary and capricious standard, the court reversed the Appellate Division's decision regarding Beck-Nichols, upholding her termination, and affirmed the Appellate Division's decision upholding Adrian's termination. For Luchey, the case was reversed and remitted to Supreme Court to determine if the Board's decision was arbitrary and capricious.

Residency policyMunicipal employeesTermination of employmentDue processArbitrary and capricious standardDomicileNew York StateSchool DistrictTeacher employmentPublic Officers Law
References
29
Case No. ADJ4237598 (LAO 0866879)
Regular
Apr 17, 2012

CHRIS JOHN MUNOZ vs. INFINITY METALS, INC., STATE COMPENSATION INSURANCE FUND

The applicant's attorneys, Perona Langer, sought reconsideration of the WCJ's fee allocation between them and prior counsel. Perona Langer argued the WCJ failed to consider time and results obtained when awarding them $820.00 in attorneys' fees. However, the Board dismissed the petition because Perona Langer failed to properly serve their petition on all adverse parties, specifically Warren S. Seider. Consequently, the petition was dismissed without addressing the merits of the fee dispute.

WCABADJ4237598ADJ2618117Perona LangerInfinity MetalsState Compensation Insurance FundPetition for ReconsiderationFindings and OrderWCJattorneys' fees
References
2
Case No. ADJ4237598 (LAO 0866879), ADJ2618117 (VNO 0540849)
Regular
Jul 19, 2012

CHRIS JOHN MUNOZ vs. INFINITY METALS, INC., STATE COMPENSATION INSURANCE FUND

The Appeals Board dismissed Perona Langer's petition for reconsideration because it was a successive petition following a prior dismissal, and it was also untimely filed. The Board noted that Perona Langer failed to serve its initial petition on all adverse parties, leading to the first dismissal. Furthermore, even if the petition were timely and not successive, the Board found Perona Langer's argument for a larger fee share unpersuasive, as the WCJ had reasonably allocated fees based on the results and effort of each prior counsel. The Board affirmed that a party cannot file a second petition for reconsideration after an adverse ruling; they must seek a writ of review in the Court of Appeal.

Workers' Compensation Appeals BoardPetition for ReconsiderationDismissalAttorneys' FeesLabor Code Section 4906(d)Proof of ServiceAdverse PartiesTimelinessWrit of ReviewSuccessive Petition
References
5
Case No. 03-07-00635-CV
Regular Panel Decision
May 01, 2009

Gary Beck Law Insurance Agency F/K/A the G. Beck Company D/B/A the Beck Company The Beck Benefits Company And John Mueller's Barbecue, Inc. v. the Law Offices of Edwin J. Ted Terry, Jr., P.C. John Ott, as Representative of the Estate of Edwin J. Ted Terry, Jr., James A. Vaught And Karl E. Hays

This case involves an appeal by Gary G. Beck and his companies against his former divorce attorneys, asserting claims of professional negligence, breach of fiduciary duty, DTPA violations, and breach of contract. Beck alleged the attorneys mishandled his divorce settlement, particularly regarding the characterization and division of corporate assets, and failed to disclose attorney Ted Terry's alleged alcohol and substance abuse issues. The district court granted summary judgment on the non-negligence claims and a jury found no professional negligence. The appellate court affirmed the lower court's judgment, ruling that the breach of fiduciary duty, DTPA, and breach of contract claims were "fractured" professional negligence claims. The court also upheld the exclusion of evidence regarding Terry's alleged substance abuse, finding its probative value was outweighed by the danger of unfair prejudice.

Legal MalpracticeProfessional NegligenceBreach of Fiduciary DutyDTPABreach of ContractAttorney MisconductSummary JudgmentJury TrialAppellate ReviewMarital Property Division
References
50
Case No. MISSING
Regular Panel Decision

Ryan, Beck & Co., LLC v. Fakih

Plaintiff Ryan, Beck & Co., LLC, moved to appeal a previous court ruling from June 20, 2003, which denied their motion to stay arbitration proceedings initiated by defendants Franka Jones and Youssef and Ali Fakih. The original ruling also directed Ryan Beck to arbitrate the issue of arbitrability with these defendants. Ryan Beck sought permission to appeal this interlocutory order to the United States Court of Appeals for the Second Circuit under 28 U.S.C. § 1292(b). The court denied Ryan Beck's application, finding that they failed to satisfy any of the three statutory criteria for certification: a controlling question of law, a substantial ground for difference of opinion, and that an an immediate appeal would materially advance the litigation. The court emphasized that Section 1292(b) is a rarely used exception to the final judgment rule, and the plaintiff's arguments lacked merit in light of established Second Circuit precedent.

Interlocutory AppealArbitrabilityFinal Judgment RuleStatutory CriteriaFederal Arbitration ActSecond Circuit PrecedentMotion DeniedAppellate ReviewJudicial DiscretionArbitration Agreement
References
23
Case No. 03-05-00401-CV
Regular Panel Decision
Mar 31, 2006

Texas Property and Casualty Insurance Guaranty Association, for Paula Insurance Company, an Impaired Insurer v. National American Insurance Company and Clayton Mark Beck

This case involves an appeal from a workers' compensation decision concerning the employment status of two injured workers, Benjamin Brown and Clayton Mark Beck. The dispute centered on whether Jerry Gregory, Inc. or Hunter Trucking was their employer at the time of a trucking accident, which determines liability between National American Insurance Company (NAIC) and Texas Property and Casualty Guaranty Association (TPCIGA). The Workers' Compensation Commission initially found Gregory as the employer, making NAIC liable. However, the district court, after a jury trial under a 'modified de novo' standard, ruled that Hunter was the employer, thus making TPCIGA liable. TPCIGA appealed, arguing the dispute was a 'coverage' issue requiring substantial-evidence review, not modified de novo, and that the district court lacked subject-matter jurisdiction. The appellate court affirmed the district court's judgment, concluding that the dispute was one 'regarding compensability' and thus correctly governed by modified de novo review.

Workers' CompensationEmployer LiabilityInsurance Coverage DisputeModified De Novo ReviewSubstantial Evidence ReviewBorrowed Servant DoctrineJudicial ReviewTexas Court of AppealsTravis CountyTrucking Accident
References
60
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