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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

Chen v. Major League Baseball

John Chen sued Major League Baseball Properties, Inc. and the Office of the Commissioner of Baseball (MLB) under the FLSA and NYLL, claiming minimum wage violations for his unpaid volunteer work during the 2013 Baseball All Star Game's "FanFest". He sought conditional class certification. MLB moved to dismiss the complaint, arguing that Chen was a volunteer and that FanFest, as a seasonal "amusement or recreational establishment," was exempt from FLSA minimum wage requirements. The court granted MLB's motion to dismiss the FLSA claims, finding that FanFest qualified for the Section 13(a)(3) exemption due to its short operational period and status as a distinct physical place of business. Consequently, Chen's motion for collective certification was denied as moot, and his state-law NYLL claims were dismissed without prejudice.

FLSA ExemptionMinimum Wage ClaimsVolunteer EmploymentSeasonal OperationsDistinct Physical Place of BusinessEnterprise vs EstablishmentClass Action DenialState Law Claims DismissalJudicial DiscretionStatutory Interpretation
References
38
Case No. MISSING
Regular Panel Decision

In re the Professional Career Center, Inc.

The Professional Career Center, Inc., offering real estate education, appealed a decision by the Unemployment Insurance Appeal Board, which affirmed the Commissioner of Labor's assessment for additional unemployment insurance contributions. The assessment stemmed from a determination that the Center's teachers were employees, not independent contractors. Despite a consulting agreement, the court found substantial evidence of an employer-employee relationship. This was based on the Center's control over hiring, payment, quality, student recruitment, tuition, scheduling, and curriculum adherence. The court concluded that these factors supported the finding, affirming the decision against Professional Career Center, Inc.

Unemployment InsuranceEmployer-Employee RelationshipIndependent ContractorProfessional EducationReal Estate LicensingLabor LawSubstantial EvidenceAppellate ReviewContributionsAudit
References
3
Case No. ADJ8499686
Regular
Jul 31, 2015

KELLY STINNETT vs. LOS ANGELES DODGERS, NEW YORK METS, ARIZONA DIAMONDBACKS, KANSAS CITY ROYALS, ACE AMERICAN INSURANCE COMPANY, CINCINNATI REDS

This case concerns a professional baseball player's workers' compensation claim against multiple employers and their insurers, including the Los Angeles Dodgers. The Workers' Compensation Appeals Board (WCAB) denied the insurer's petition for reconsideration, upholding the finding of industrial injury and a 15% permanent disability "bump up" due to the employer's non-compliance with return-to-work requirements. The WCAB found sufficient connection to California jurisdiction as the applicant was employed by the Los Angeles Dodgers, a California-based team, during the cumulative trauma period. The WCAB also affirmed the application of Labor Code section 4658(d)(2), finding no exception for professional athletes.

Workers' Compensation Appeals BoardIndustrial InjuryPermanent DisabilityApportionmentLabor Code Section 4658(d)(2)ReconsiderationJurisdictionDue ProcessProfessional AthleteCumulative Trauma
References
4
Case No. MISSING
Regular Panel Decision

Domino v. Professional Consulting, Inc.

Gregory Domino, a carpenter employed by Carlin Contracting Co., Inc., was injured while working on a Village of Mount Kisco water treatment facility, allegedly due to the installation of floor panels hoisted by a crane owned by Smedley Crane Service, Inc. He and his wife commenced an action for personal injuries against Professional Consulting, Inc. (PCI), the construction manager, and Smedley. The Supreme Court initially granted summary judgment to PCI, finding it was not a "contractor" or "owner" under Labor Law sections 240(1) or 241, nor liable under Labor Law section 200 or common-law negligence due to lack of supervisory authority. The appellate court affirmed this part of the decision, noting PCI's contracts expressly precluded it from supervising the work or safety procedures. However, the Supreme Court erred in granting summary judgment to Smedley, as Smedley failed to establish it lacked authority to control or supervise the crane's rigging activity, thus the appellate court reversed that portion of the decision.

Construction AccidentLabor LawSummary JudgmentReargumentConstruction Manager LiabilityCrane OperationWorker SafetyAgency LawStatutory LiabilityPremises Liability
References
12
Case No. MISSING
Regular Panel Decision

Garber v. Office of the Commissioner of Baseball

This opinion and order by District Judge Shira A. Scheindlin addresses a motion to certify an interlocutory appeal regarding the "baseball exemption" from antitrust liability. The MLB Defendants, joined by Television Defendants, sought to appeal an earlier ruling from August 8, 2014, which held that the Office of the Commissioner of Major League Baseball was not shielded by the baseball exemption in cases like Laumann v. National Hockey League and Garber v. Major League Baseball. The court denies the motion, finding no substantial ground for difference of opinion on the baseball exemption's applicability, nor would an immediate appeal materially advance the litigation's termination. Furthermore, the court clarifies that the scope of the baseball exemption is a threshold merits issue, not a jurisdictional question.

Interlocutory AppealSummary JudgmentAntitrust LiabilityBaseball ExemptionSherman ActControlling Question of LawSubstantial Ground for Difference of OpinionMaterially Advance LitigationJurisdictional IssueMerits Issue
References
27
Case No. CA 12-01143
Regular Panel Decision
Feb 01, 2013

PROFESSIONAL, CLERICAL, TECHNICAL, MTR. OF

This case involves an appeal to the New York Supreme Court, Appellate Division, Fourth Judicial Department, concerning an arbitration award. The petitioner, Professional, Clerical, Technical, Employees Association, sought to vacate an arbitration award, which the Supreme Court, Erie County, initially granted. The respondent, Board of Education for Buffalo City School District, appealed this decision. The Appellate Division reversed the lower court's order, denying the petition to vacate and granting the cross-petition to confirm the arbitration award. The court concluded that the arbitrator's interpretation of the collective bargaining agreement regarding employee qualifications for new positions was neither irrational nor an exceeding of authority. The arbitrator's decision upheld the supervisor's discretion in assessing qualifications beyond minimum requirements for Assistant Management Analyst positions.

ArbitrationCollective Bargaining AgreementJudicial ReviewLabor LawAppellate DivisionSupervisor DiscretionEmployee QualificationsContract InterpretationNew York LawSchool District
References
15
Case No. 02 Civ. 8428(DC)
Regular Panel Decision

Professional Sound Services, Inc. v. Guzzi

Plaintiff Professional Sound Services, Inc. (PSS) sued Gotham Sound and Communications, Inc., Roland J. Guzzi, and Peter Schneider, alleging product disparagement and false designation of origin under the Lanham Act, along with several state law claims. PSS contended that Guzzi made disparaging statements about PSS to its customers and that Gotham's use of the letter "S" in its inventory codes constituted trademark infringement of PSS's purported "S" mark. The District Court granted the defendants' motion for summary judgment on the Lanham Act claims. The court found that PSS failed to demonstrate widespread dissemination for its disparagement claim and that its "S" mark lacked inherent distinctiveness or secondary meaning necessary for trademark protection. Consequently, the court dismissed the federal claims with prejudice and declined to exercise supplemental jurisdiction over the remaining state law claims, dismissing them without prejudice.

Lanham ActProduct DisparagementFalse Designation of OriginTrademark InfringementSummary JudgmentCommercial SpeechDistinctivenessSecondary MeaningLikelihood of ConfusionPolaroid Factors
References
46
Case No. 2018 NY Slip Op 07224 [165 AD3d 1558]
Regular Panel Decision
Oct 25, 2018

Healthcare Professionals Ins. Co. v. Parentis

This case involves an appeal regarding a declaratory judgment action initiated by Healthcare Professionals Insurance Company (HPI) against Michael A. Parentis and others. The dispute arises from a prior medical malpractice verdict against Parentis totaling $8.6 million, which exceeded his combined $2.3 million primary and excess insurance policies from Medical Liability Mutual Insurance Company (MLMIC) and HPI. Parentis alleged bad faith against both insurers for failing to settle the underlying action within policy limits. The Supreme Court initially granted summary judgment to HPI and MLMIC, dismissing Parentis' bad faith claim. The Appellate Division, Third Department, reversed this decision, finding that genuine issues of material fact exist concerning whether both HPI and MLMIC acted in bad faith during settlement negotiations, especially during jury deliberations.

Insurance LawBad Faith Insurance ClaimMedical MalpracticeSummary JudgmentAppellate ReviewSettlement NegotiationsExcess InsurancePrimary InsuranceJury DeliberationsDuty to Settle
References
16
Case No. 2023 NY Slip Op 06128 [221 AD3d 981]
Regular Panel Decision
Nov 29, 2023

Hossain v. Condominium Bd. of Grand Professional Bldg.

The plaintiff, Mohammed Iqbal Hossain, initiated legal action to seek damages for personal injuries reportedly sustained while he was engaged in pointing work on a building facade, alleging his rope scaffold malfunctioned and struck the building. The lawsuit claimed violations of Labor Law §§ 240 (1), (2), and 241 (6) against the Condominium Board of Grand Professional Building and G Buddy, Inc. The Supreme Court had previously granted partial summary judgment to the plaintiff on liability under Labor Law § 240 (1) and (2) and denied the defendants' cross-motion to dismiss claims against G Buddy, Inc. The Appellate Division modified this order, denying summary judgment against G Buddy, Inc. for all specified Labor Law sections, and also denying it against the Condominium Board for Labor Law § 240 (2). However, the court affirmed the summary judgment granted for Labor Law § 240 (1) against the Condominium Board.

Personal InjuryScaffold AccidentLabor Law § 240(1)Labor Law § 240(2)Labor Law § 241(6)Summary JudgmentAppellate ReviewOwner LiabilityContractor LiabilityAgency
References
12
Case No. 2023 NY Slip Op 01193 [214 AD3d 735]
Regular Panel Decision
Mar 08, 2023

Matter of Long Beach Professional Firefighters Assn. v. City of Long Beach

This case concerns a dispute between the Long Beach Professional Firefighters Association (union) and the City of Long Beach regarding the terms of employment for paramedics. The City had unilaterally set these terms, leading the union to file a grievance and subsequently seek arbitration. The arbitrator found that the City violated the collective bargaining agreement. The Supreme Court confirmed the arbitration award, which the City appealed. The Appellate Division affirmed the Supreme Court's order, ruling that the City failed to provide clear and convincing evidence to vacate the arbitration award on grounds of irrationality, manifest disregard of law, arbitrator misconduct, or violation of public policy.

Collective Bargaining AgreementArbitration AwardCPLR Article 75 ProceedingJudicial Review of ArbitrationPublic Policy ExceptionManifest Disregard of LawAppellate ReviewMunicipal EmploymentParamedicsGrievance
References
20
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