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Case No. ADJ2872928 (LBO 0355771) ADJ3784596 (LAO 0865396)
Regular
Aug 26, 2013

MARIA ROSALES vs. REPUBLIC MASTER CHEFS, STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board case, involving applicant Maria Rosales and defendants Republic Master Chefs/State Compensation Insurance Fund, resulted in the dismissal of the applicant's Petition for Reconsideration. The Board adopted the reasoning of the workers' compensation administrative law judge's Report and Recommendation. While the judge recommended denial, the Board's order is specifically to dismiss the petition. The dismissal was effective August 26, 2013.

Petition for ReconsiderationDismissalWorkers' Compensation Appeals BoardAdministrative Law JudgeReport and RecommendationRepublic Master ChefsState Compensation Insurance FundMaria RosalesADJ2872928ADJ3784596
References
0
Case No. MISSING
Regular Panel Decision

Republic Insurance v. Masters, Mates & Pilots Pension Plan

This litigation involves an inter-insurer dispute over liability for legal defense costs arising from an underlying complex lawsuit concerning maritime investments made by a pension plan. Plaintiff Republic Insurance Company sought to rescind its policy and recover payments from defendants Aetna Casualty and Surety Company and Federal Insurance Company, alleging it was misled by pension plan officials regarding known risks before issuing its policy. The court found that Republic was indeed misled and, in the context of the inter-carrier dispute, determined that the equities favored Republic, as Aetna and Federal were independently liable for the defense costs. Consequently, summary judgment was granted to Republic, exonerating it from further payments and directing Aetna to reimburse Republic for fees already paid under a prior order, while denying the cross-motions for summary judgment by Aetna and Federal. Republic was not awarded interest on the recovered payments.

Inter-insurer DisputeLegal Defense CostsInsurance Policy RescissionMisrepresentationUnjust EnrichmentSummary JudgmentERISAPension PlansFiduciary DutiesMaritime Investments
References
42
Case No. MISSING
Regular Panel Decision

Republic of the Philippines v. Abaya

The Republic of the Philippines filed a lawsuit against Gavino Abaya, Juan Abaya, Susan Abaya, Diane Dunne, and Barbara Stone, alleging state-law claims including money had and received, unjust enrichment, and conversion. These claims stem from the distribution of proceeds from the sale of Claude Monet's "Le Bassin aux Nymphease," a painting allegedly stolen from the Republic by Imelda Marcos's social secretary, Vilma Bautista, and subsequently sold by the defendants. Jose Duran, representing a class of judgment creditors of Imelda Marcos and her family, sought to intervene in the case, asserting a claim to the painting's sale proceeds based on a judgment against Imelda Marcos. The court granted Class Plaintiffs' unopposed motion to intervene as of right under Federal Rule of Civil Procedure 24(a)(2), finding their motion timely, their interest direct and legally protectable, their ability to protect that interest potentially impaired without intervention, and their interests not adequately represented by the existing parties due to conflicting claims over the assets.

Intervention of RightFederal Rules of Civil Procedure 24(a)(2)Stolen ArtworkMonet PaintingJudgment CreditorsImelda Marcos EstateAsset RecoveryUnjust EnrichmentConversion ClaimsEquitable Relief
References
20
Case No. MISSING
Regular Panel Decision
May 15, 2006

Land Master Montg I, LLC v. Town of Montgomery

In this case, petitioners Land Master and Roswind Farmland Corp. challenged the Town of Montgomery's new Comprehensive Plan and Local Laws 4 and 5, arguing they constituted unlawful exclusionary zoning and violated the State Environmental Quality Review Act (SEQRA). The court, presided over by Judge Joseph G. Owen, granted the petitioners' motion regarding these claims, declaring the local laws null and void. The decision highlighted the Town's failure to adequately consider local and regional affordable housing needs and to undertake a thorough environmental review. While some of the petitioners' other claims were dismissed, they were awarded attorneys' fees. The court ordered the reinstatement of petitioners' land use applications under the prior zoning laws.

Zoning LawExclusionary ZoningAffordable HousingState Environmental Quality Review Act (SEQRA)Comprehensive PlanLocal LegislationLand Use PlanningMulti-Family HousingTraffic ImpactJudicial Review
References
19
Case No. MISSING
Regular Panel Decision

Ashraf v. Republic New York Securities Corp.

Republic New York Securities Corp. (RNYSC) moved to vacate an NFA arbitration award of $12,993,750 issued on December 29, 1997, in favor of Zahid Hussain Ashraf and Shahida Zahid (Hussain). RNYSC argued that the arbitration panel's award was fundamentally unfair because the EFP (exchange of physicals) damages theory was introduced for the first time in Hussain's post-hearing brief, depriving RNYSC of an opportunity to respond. Hussain cross-moved to confirm the award, asserting RNYSC was aware of the EFP claim from their initial Statement of Claim and that Exhibit 35, prepared by RNYSC's own expert, supported the award. The court denied RNYSC's motion to vacate and granted Hussain's cross-motion to confirm, finding that RNYSC had implicit notice of the EFP theory and failed to utilize available NFA Code provisions to raise their objections before the arbitration panel, thus waiving their right to assert those claims in court. The court emphasized the narrow scope of judicial review for arbitration awards, upholding the strong presumption in favor of enforcement.

Arbitration LawSecurities ArbitrationFutures TradingVacating Arbitration AwardConfirming Arbitration AwardFederal Arbitration ActDue ProcessFundamental FairnessWaiver of ObjectionsCommodity Futures
References
27
Case No. 80 Civil 4699
Regular Panel Decision
Sep 17, 1982

Wallace v. INTERN. ORGANIZATION OF MASTERS, ETC.

Plaintiff Oscar L. Wallace sued the International Organization of Masters, Mates and Pilots and its Ex. President Capt. Robert J. Lowen after his application for union membership was denied. He alleged wrongful denial of admission, termination of applicant status, denial of due process, equal protection violations, refusal to refer to job assignments, violation of his right to sue, conspiracy, and racial discrimination. The court dismissed most of his claims, including those based on alleged membership rights and civil rights violations, finding he had no vested right to membership and failed to show state action or a conspiracy. However, the court denied the motion to dismiss the claim for breach of fair representation, acknowledging the union's duty to an applicant regarding job referrals.

Union MembershipFair RepresentationDue ProcessCivil RightsFederal JurisdictionMotion to DismissLabor LawConspiracyRacial DiscriminationEmployment Rights
References
38
Case No. MISSING
Regular Panel Decision

Figueiredo Ferraz Consultoria E Engenharia De Projeto Ltda. v. Republic of Peru

Figueiredo Ferraz Consultoria E Engenharia de Projeto Ltda. (Plaintiff) had petitioned to confirm a $21 million arbitration award against the Republic of Peru, Ministerio de Vivienda, Construcción y Saneamiento, and Programa Agua Para Todos (Defendants). The Court dismissed the action due to forum non conveniens following a mandate from the Court of Appeals. Subsequently, Defendants moved for attorneys' fees and costs amounting to over $1.1 million. The Court denied this motion, ruling that the Federal Arbitration Act (FAA) governs the availability of attorneys' fees, and neither the FAA nor the parties' original agreement provides for such an award. The Court also rejected arguments regarding the applicability of Peruvian law and any alleged concession by the Plaintiff on fees.

Arbitration AwardForum Non ConveniensAttorneys' FeesFederal Arbitration ActInternational ArbitrationJudicial DiscretionContractual DisputeCivil ProcedureSecond CircuitMotion to Dismiss
References
14
Case No. LBO 0375915, LBO 0375916, LBO 0375917
Regular
May 09, 2008

MARIA C. GOMEZ vs. ANGELICA TEXTILE, ZURICH AMERICAN INSURANCE COMPANY, REPUBLIC MASTER CHEF, ST. PAUL TRAVELERS

This case concerns a petition for reconsideration filed by Zurich American Insurance Company. The Appeals Board dismissed the petition because it was not filed within the statutory 25-day limit. Furthermore, the petition sought reconsideration of an interim order remanding the case for further proceedings, which is not a final order from which reconsideration can be sought.

WCABPetition for ReconsiderationTimelinessCalifornia Labor CodeCalifornia Code of RegulationsAdministrative Law JudgeCompromise and Release AgreementFinal OrderSan FranciscoDistrict Office
References
17
Case No. LBO 0375915 LBO 0375916 LBO 0375917
Regular
Feb 11, 2008

MARIA C. GOMEZ vs. ANGELICA TEXTILE, ZURICH AMERICAN INSURANCE COMPANY, REPUBLIC MASTER CHEF, ST. PAUL TRAVELERS

The Workers' Compensation Appeals Board granted reconsideration and rescinded a prior order approving a \$509 compromise and release for applicant Maria C. Gomez's cumulative trauma injuries. The applicant contended the settlement was based on a civil release signed under duress and that she lacked proper service of the documents. The Board found the applicant's allegations warranted further investigation, remanding the case for proceedings at the trial level.

Propria personaJoint Order Approving Compromise and ReleaseDelegated serviceCumulative trauma injuriesGeneral releaseCivil actionDuressPetition for ReconsiderationReport and RecommendationAbsence of evidence
References
0
Case No. ADJ2435600
Regular
Jun 22, 2011

MARIA JAIME vs. REMEDY TEMP, INC., CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, INTERCARE INSURANCE SERVICES, INC., RELIANCE INSURANCE COMPANY, BASS TECH, INC., REPUBLIC INDEMNITY INSURANCE COMPANY

The Workers' Compensation Appeals Board denied Republic Indemnity Company's petition for reconsideration. Republic sought to overturn a decision that found its policy provided "other insurance" and relieved CIGA of liability for the applicant's 1999 spinal and extremity injuries. The Board found Republic failed to prove prejudice from CIGA's joinder, despite Republic's claims of record loss due to delay. Furthermore, the Board determined Republic's policy lacked specific exclusions for special employees and therefore provided coverage.

CIGARepublic IndemnityRemedy TempBrass TechReliance Insurancespecial employeegeneral employerspecial employerlachesprejudice
References
18
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