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

Case No. 09 Civ. 4390 (PKC)
Regular Panel Decision
Nov 29, 2010

Aiello v. Kellogg, Brown & Root Services, Inc.

Plaintiff Richard Aiello, a civilian contractor, sued Kellogg, Brown & Root Services, Inc. for negligence after sustaining injuries from a fall in a latrine at Camp Shield, a forward operating base in Iraq. Aiello alleged negligent construction, renovation, repair, and/or maintenance of the facility. Defendant Kellogg moved for summary judgment, asserting defenses including the political question doctrine and federal preemption under the combatant activities exception of the Federal Tort Claims Act (FTCA). The District Court found the political question doctrine inapplicable but granted summary judgment for Kellogg, holding that tort claims against government contractors integrated into military combatant activities in a war zone are preempted. The court reasoned that the maintenance of essential life-support facilities at an active forward operating base constituted combatant activity, and imposing state tort liability would significantly conflict with unique federal interests.

Military Contractor LiabilityFederal PreemptionCombatant Activities ExceptionFederal Tort Claims Act (FTCA)Political Question DoctrineSummary JudgmentNegligenceIraq War OperationsCamp ShieldLogistics Civil Augmentation Program (LOGCAP)
References
49
Case No. MISSING
Regular Panel Decision

Spear, Leeds & Kellogg v. Central Life Assurance Co.

Plaintiff Spear, Leeds & Kellogg (SLK), a registered futures commission merchant and a member of the New York Stock Exchange, sought a preliminary injunction against three life insurance companies (Defendants) to prevent compulsory arbitration. Defendants had filed an arbitration demand with the NYSE, seeking recovery of monies they paid out on life insurance policies of a customer named Marvin Goodman. Defendants alleged that SLK either falsified account documents or knew of their falsification by Goodman, leading to their losses. SLK argued it had no transactional nexus with Defendants and thus no obligation to arbitrate under NYSE Constitution and Rules. The court found no valid arbitration agreement between the parties and granted SLK's motion for a preliminary injunction, enjoining Defendants from compelling arbitration. The court emphasized that arbitration is a creature of contract, and no such contract existed between SLK and the Defendant insurance companies.

ArbitrationPreliminary InjunctionNYSE RulesContract LawSecuritiesInsuranceDispute ResolutionNon-Member ArbitrationFinancial FraudFalsified Documents
References
9
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Local 259, United Automobile Workers

Local 259, United Auto Workers, sought to confirm arbitration awards against Kellogg Pontiac Sales Corp. following a labor dispute stemming from Kellogg's relocation to Mt. Vernon and subsequent dismissal of Manhattan employees. The National Labor Relations Board (NLRB) intervened, asserting jurisdiction over union representation issues and ruling against Local 259's claim to represent employees at the new location. Presiding Judge Griesa denied motions to dismiss by Kellogg and the NLRB, partially confirming the arbitration awards. While denying portions related to reinstatement that conflicted with the NLRB's decision, the court upheld the arbitrator's awards for lost wages and benefit fund contributions, deeming them consistent with federal labor law principles.

Labor LawArbitration AwardUnion RepresentationCollective BargainingNLRBDistrict CourtEmployer RelocationEmployee RightsDamagesFederal Jurisdiction
References
5
Case No. MISSING
Regular Panel Decision

40 West 67th Street v. Pullman

Defendant David Pullman, a co-op apartment owner, was deemed an "objectionable" tenant by the plaintiff corporation, 40 W. 67th Street, due to numerous complaints, multiple lawsuits against neighbors and the co-op board, and violations of his proprietary lease. Following a supermajority shareholder vote, the co-op board terminated Pullman's lease, leading to this ejectment action by the plaintiff. The Supreme Court denied the plaintiff's motion for summary judgment, citing factual disputes and the need for a judicial determination of "objectionable" conduct under RPAPL 711 (1). On appeal, the court applied the "business judgment rule" to the co-op board's decision, holding that judicial inquiry into such actions is generally precluded if taken in good faith and for legitimate corporate purposes. The appellate court modified the Supreme Court's order, granting plaintiff summary judgment on most causes of action, thereby upholding the co-op board's lease termination, and remanding for a hearing on use and occupancy, legal fees, and costs.

Co-op lease terminationObjectionable tenantBusiness judgment ruleShareholder voteEjectment actionProprietary leaseCooperative housingLandlord-tenant disputeSummary judgmentAppellate review
References
10
Case No. ADJ7823807, ADJ858988 (SAL 0103001), ADJ3558920 (SAL 0113667)
Regular
May 26, 2017

TOMMY THOMAS vs. KELLOGG COMPANY, Corvel Corporation, Hayward Lumber, Crum & Forster

This case involves Kellogg Company seeking reconsideration of an arbitrator's award concerning cumulative trauma injuries. The arbitrator had found the medical record needed further development, made specific findings on apportionment according to AMA Guides and Labor Code sections, and addressed the timeliness of Kellogg's contribution petition against Hayward Lumber. The Workers' Compensation Appeals Board granted reconsideration, rescinded the prior award, and deferred rulings on apportionment and contribution. The Board clarified that apportionment compliance should be judged against Labor Code sections, not solely the AMA Guides, and found issues regarding contribution premature.

Petition for ReconsiderationFurther Development of Medical RecordApportionmentAMA GuidesLabor Code Sections 4663 and 4664Cumulative Trauma InjuryContribution/ReimbursementTemporary DisabilityPremature DeterminationBenefit Rate
References
3
Case No. MISSING
Regular Panel Decision

Detrick v. H & E MACHINERY, INC.

The plaintiff, Sherry Kellogg Detrick, sued her former employer, H & E Machinery, Inc., alleging sexual harassment under Title VII, Equal Pay Act violations, and state law claims including the New York Human Rights Law, intentional infliction of emotional distress, and negligence. Detrick contended she endured a hostile work environment and unequal pay compared to her male successor. H & E moved for summary judgment, arguing the Title VII and state law claims were time-barred, and the Equal Pay Act claim lacked a prima facie showing. The court granted H & E's motion, finding Detrick's harassment claims untimely and her Equal Pay Act claim unsupported by sufficient evidence of substantially equal jobs, and declined jurisdiction over the remaining state human rights claim.

Sexual HarassmentEmployment DiscriminationSummary JudgmentTitle VIIEqual Pay ActStatute of LimitationsContinuing Violation DoctrineNew York Human Rights LawHostile Work EnvironmentTimeliness of Claims
References
29
Case No. SJO 0196764, SJO 0196841
Regular
Nov 16, 2007

CONSTANCE KELLOGG vs. CITY OF SANTA CLARA

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration regarding industrial injury findings and permanent disability percentages. However, the Board granted the applicant's petition, amending the original award to reflect the correct temporary disability indemnity rate calculation under Labor Code § 4661.5, adjusting the weekly payments based on different time periods post-injury. This amendment ensures the applicant receives appropriate temporary disability payments based on the statutory wage adjustments over time.

WCABPetition for ReconsiderationFindings and AwardTemporary Total DisabilityPermanent DisabilityApportionmentLabor Code § 4453Labor Code § 4661.5Average Weekly WageIndustrial Injury
References
0
Case No. ADJ8191831, ADJ5813029
Regular
Feb 25, 2019

RICKY KELLOGG vs. AC TRANSIT DISTRICT, YORK RISK SERVICES GROUP

The Appeals Board granted reconsideration, finding the original award failed to address potential permanent disability benefits under Labor Code sections 4658(d) and 4658.7. The Board affirmed the award except to defer these specific issues, acknowledging no evidence was presented on them at trial. The case is returned to the WCJ to develop the record and issue a new decision on these deferred benefits.

Workers' Compensation Appeals BoardAC Transit DistrictRicky KelloggJoint Findings and AwardWCJindustrial injurylow backbilateral kneesneckpermanent disability
References
0
Case No. ADJ8846605 ADJ10209065
Regular
Dec 15, 2016

ROSALBA BIBIANO vs. KELLOGG ASSOCIATES DBA THE SANDMAN INN, ILLINOIS MIDWEST INSURANCE AGENCY

The Workers' Compensation Appeals Board dismissed the applicant's Petition for Reconsideration because the judge's order appointing physicians was interlocutory, not a final determination of rights or liabilities. The Board also denied the Petition for Removal, finding no evidence of substantial prejudice or irreparable harm that would necessitate immediate intervention. The decision emphasizes that removal is an extraordinary remedy for which reconsideration is generally an adequate remedy. Parties have the option to agree on Agreed Medical Examiners instead of the court-appointed physicians.

WCABPetition for ReconsiderationPetition for Removalfinal orderinterlocutory orderthreshold issuesubstantive rightliabilitysubstantial prejudiceirreparable harm
References
6
Case No. ADJ551170 (MON0224141)
Regular
Nov 17, 2008

ARNOLD KELLOGG vs. BECHTEL PETROLEUM OPERATIONS; CIGA, by its adjusting facility AIG CLAIMS for FREMONT COMPENSATION, in liquidation

The Workers' Compensation Appeals Board dismissed the defendant's petition for removal because it was untimely filed, exceeding the twenty-day deadline. The defendant sought to reverse evidentiary rulings made by the judge concerning medical reports and non-medical documents. Even if the petition had been timely, it would have been denied as the defendant failed to show significant prejudice or irreparable harm.

Removal petitionEvidentiary rulingsLabor Code section 4663Medical reportsFoundationPrejudged caseIndependent medical evaluatorsWCAB Rule 10843Untimely petitionDismissal
References
0
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