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

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. ADJ928027
En Banc
Aug 27, 2015

David Trinh vs. Tzeng Long USA, Inc.; Berkshire Hathaway

The Appeals Board removed the case to itself to issue a Notice of Intention to Suspend the privileges of Professional Lien Services, Inc., and Mike Traw for their willful failure to comply with a final sanctions order.

Labor Code Section 4907Professional Lien ServicesInc.Mike TrawWCABSanctions OrderBad FaithFrivolous ConductSuspension of PrivilegesAppealing
References
4
Case No. ADJ928027
En Banc
Aug 27, 2015

David Trinh vs. Tzeng Long USA, Inc.; Berkshire Hathaway

The Appeals Board removes the case to itself to issue a notice of intention to suspend the privileges of Professional Lien Services, Inc., and Mike Traw for failing to pay court-ordered sanctions and attorney's fees.

Labor Code Section 4907Suspension of PrivilegesProfessional Lien ServicesInc.Mike TrawOrder for Costs and SanctionsBad Faith ConductFrivolous PursuitWillful DisobedienceWCAB En Banc
References
4
Case No. ADJ928027
Significant
Aug 27, 2015

David Trinh vs. TZENG LONG USA, INC.; BERKSHIRE HATHAWAY

The Appeals Board removed the case to itself to issue a Notice of Intention to Suspend the privileges of Professional Lien Services, Inc., and Mike Traw for their willful failure to pay court-ordered sanctions, attorney's fees, and costs.

Labor Code Section 4907Labor Code Section 5310Order for Costs and SanctionsProfessional Lien ServicesInc.Mike TrawAppeals Board En BancSuspension of PrivilegesWillful DisobedienceFailure to Pay Sanctions
References
4
Case No. ADJ928027
Significant
Aug 27, 2015

David Trinh, Applicant vs. TZENG LONG USA, INC.; BERKSHIRE HATHAWAY

The Appeals Board removed the case to itself to issue a notice of intention to suspend the privileges of Professional Lien Services, Inc., and Mike Traw for their willful failure to comply with a final order to pay sanctions and attorney's fees.

Labor Code Section 4907Suspension of PrivilegesProfessional Lien ServicesMike TrawWillful DisobedienceSanctions OrderAppeals Board En BancRemoval to Appeals BoardWCJ OrderBad Faith Conduct
References
4
Case No. ADJ4392577 (LBO 0392493)
Regular
Jul 18, 2011

JOSE HERNANDEZ vs. UNIVERSAL PROTECTION SERVICES, AMERICAN CASUALTY COMPANY OF READING, PA

This case addresses a lien claim for interpreter services. The Workers' Compensation Appeals Board (WCAB) granted the defendant's petition for reconsideration and denied the lien claimant's petition. The WCAB found that the lien claimant failed to meet its burden of proof by not establishing that the applicant actually required interpreter services. Therefore, the lien for interpreting services was denied in its entirety.

Medical Provider NetworkMPNLien ClaimantPetition for ReconsiderationFindings and AwardCompromise and ReleaseInterpreter ServicesBurden of ProofDue ProcessLabor Code
References
2
Case No. MISSING
Regular Panel Decision

Volt Technical Services Corp. v. Immigration & Naturalization Service

Plaintiff Volt Technical Services Corp. applied for H-2 visas for nuclear start-up technicians, which the Immigration and Naturalization Service (INS) denied, asserting the need was permanent, not temporary. After the denial was affirmed on appeal, Volt filed suit, alleging the INS's decision was arbitrary and capricious. The court upheld the INS's interpretation of the Immigration and Nationality Act § 101(a)(15)(H)(ii), which requires the employer's need for services to be temporary, not just the individual assignments. Finding that Volt demonstrated a recurring need for such technicians over several years, the court granted the INS's motion for judgment on the pleadings and denied Volt's.

Immigration LawH-2 visasNonimmigrant WorkersTemporary EmploymentImmigration and Nationality ActAdministrative Procedures ActDeclaratory Judgment ActAgency InterpretationJudicial ReviewNuclear Industry
References
5
Case No. ADJ8093832
Regular
Sep 24, 2015

ARACELI CASILLAS DE VAZQUEZ vs. EL TAPATIO MARKET, ZENITH INSURANCE COMPANY

Lien claimants Western Imaging Services and Tower Copy Service petitioned for reconsideration after their liens were denied by the WCJ. The WCJ had ruled they were unregistered professional photocopiers and not exempt from registration requirements. The Appeals Board granted reconsideration, finding that the lien claimants were indeed independent contractors of applicant's attorney, a member of the State Bar. Therefore, they qualified for the exemption under Business and Professions Code section 22451(b). The case was remanded for a determination of the reasonableness of the claimed fees.

Professional photocopierBusiness and Professions Code Section 22450Business and Professions Code Section 22451Independent contractor exemptionMember of the State BarLien claimantsWorkers' Compensation Appeals BoardPetition for reconsiderationDecision after reconsiderationWCJ
References
0
Case No. ADJ7259313, ADJ7259058
Regular
May 13, 2013

JOSE GARATE vs. LEADING EDGE AVIATION SERVICES, FEDERAL INSURANCE COMPANY, CHUBB SERVICES CORPORATION

Here's a summary of the case for a lawyer, in a maximum of four sentences: This case involves lien claimants who petitioned for reconsideration after their liens were dismissed for failure to pay the required activation fee as mandated by Labor Code section 4903.06. The Workers' Compensation Appeals Board denied the petition, adopting the judge's report which found the petition improper due to multiple claimants filing as one and violation of service rules. The judge's report emphasized that the lien activation fee was not paid by the lien claimants, necessitating dismissal with prejudice per statutory language. Therefore, the Board concluded the lien claimants' arguments regarding jurisdiction and service were without merit and upheld the dismissal orders.

WCABPetition for ReconsiderationLien ClaimantsActivation FeeDismissal of LiensLabor Code Section 4903.06Due ProcessJurisdictionService of OrdersFinal Orders
References
1
Case No. MISSING
Regular Panel Decision

Americredit Financial Services, Inc. v. Oxford Management Services

AmeriCredit Financial Services, Inc. (AmeriCredit) commenced an action to confirm an arbitration award against Oxford Management Services (OMS). OMS cross-moved to vacate the award, alleging the arbitrator exceeded his powers by dismissing a counterclaim and manifestly disregarded the law. The arbitrator had dismissed OMS's counterclaim for spoilation of evidence. The Court affirmed the arbitrator's decision, finding he did not exceed his authority under the RSA by dismissing the counterclaim or by interpreting the contract terms regarding account termination. The Court also found no manifest disregard for the law, concluding the arbitrator's decision was rationally supported by the record. Consequently, AmeriCredit's motion to confirm the award was granted, and OMS's motion to vacate was denied.

Arbitration Award ConfirmationArbitration Award VacaturFederal Arbitration ActManifest Disregard of LawArbitrator PowersSpoilation of EvidenceContract InterpretationCollection Agency DisputeSummary ProceedingJudicial Review of Arbitration
References
41
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