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Case Law Database

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

Case No. 2017 NY Slip Op 07588 [155 AD3d 605]
Regular Panel Decision
Nov 01, 2017

De Souza v. Empire Transit Mix, Inc.

The plaintiff, Jefferson De Souza, an employee of a subcontractor, sustained eye injuries at a construction site due to a malfunctioning concrete hose. He sued LIC Res, LLC (the owner) and McGowan Builders, Inc. (the construction manager), among others. LIC Res, LLC sought summary judgment on its cross-claim for contractual indemnification against McGowan Builders, Inc., based on an agreement requiring McGowan to indemnify the owner for claims arising from its work or omissions. The Supreme Court denied this motion. The Appellate Division, Second Department, reversed the lower court's decision, finding that LIC Res, LLC, had established its prima facie entitlement to contractual indemnification and was not negligent, while McGowan failed to raise a triable issue of fact.

Contractual IndemnificationSummary JudgmentConstruction Site AccidentLabor Law ViolationsPersonal InjuriesCross ClaimAppellate DivisionProperty Owner LiabilityConstruction Manager ResponsibilitySubcontractor
References
15
Case No. MISSING
Regular Panel Decision

Jones v. Inter-County Imaging Centers

Plaintiff Earlston Jones, diagnosed with sickle cell disease, filed an action alleging employment discrimination under the Americans with Disabilities Act (ADA) and the New York Human Rights Law against Inter-County Imaging Center (ICIC) and Diane Demers. Jones claims he was denied a promotion and terminated due to his medical condition to avoid insurance costs. Defendants moved to dismiss, challenging ICIC's employer status, the number of employees for ADA applicability, and Demers' liability. The court denied dismissal of the ADA and Human Rights Law claims, pending discovery on employer identity and size. However, the court granted the dismissal of claims against Demers in her individual capacity and also dismissed the Title VII and Section 1981 claims.

Employment DiscriminationAmericans with Disabilities ActNew York Human Rights LawMotion to DismissSummary JudgmentEmployer DefinitionIndividual LiabilityRepresentative CapacityEEOC ChargeSickle Cell Disease
References
23
Case No. MISSING
Regular Panel Decision

Gawez v. Inter-Connection Electric, Inc.

The plaintiffs, a putative class of workers, commenced an action against contractor defendants, Inter-Connection Electric, Inc., and its president Jeff Skowronski, along with surety defendants, First National Insurance Company of America and RLI Insurance Company, alleging failure to pay prevailing wages mandated by Labor Law § 220 for various public works projects. The contractor defendants cross-moved to dismiss claims related to federally-funded projects and the Luna Park Houses project. The surety defendants also cross-moved for summary judgment on claims pertaining to federally-funded projects, the 1010 East 178th Street Development project, the New Cambria Heights Library project, and the Castle Hill Houses project. The Supreme Court granted these cross motions. The appellate court affirmed the Supreme Court's order, concluding that no private right of action exists under the Federal Davis-Bacon Act for federally-funded projects, the Luna Park Houses project was privately funded, and the plaintiffs failed to establish their involvement in other specific projects against the surety defendants.

class actionprevailing wageLabor LawDavis-Bacon Actpublic worksfederally fundedprivate right of actioncontract lawsummary judgmentdismissal
References
11
Case No. MISSING
Regular Panel Decision

Stratton v. United Inter-Mountain Telephone Co.

The Plaintiff, an employee of Wright and Lopez Construction Company, suffered personal injuries while working on a utility pole for United Inter-Mountain Telephone Company. After receiving worker's compensation benefits from his immediate employer, the Plaintiff filed a tort action against the Telephone Company. The trial court granted summary judgment, deeming the Telephone Company a statutory employer under the Worker's Compensation Act, thus barring the tort suit. The Court of Appeals reversed this decision, but the Tennessee Supreme Court, upon review, reversed the Court of Appeals and reinstated the trial court's judgment, confirming that worker's compensation was the Plaintiff's exclusive remedy.

worker's compensationstatutory employerprincipal contractorexclusive remedytort actionsummary judgmentindependent contractorright to controlutility pole accidentappellate review
References
22
Case No. 07-03-0307-CV
Regular Panel Decision
Feb 14, 2005

Rogers v. Ardella Veigel Inter Vivos Trust No. 2

This case concerns a dispute over the interpretation of a will and the administration of trusts. The appellants challenged a summary judgment related to their claims against Amarillo National Bank (ANB) for alleged breaches of fiduciary duty and a demand for accounting. The Court of Appeals of Texas, Amarillo, determined that the will created life estates, not trust interests, for the beneficiaries, modifying the lower court's judgment on this point. However, it affirmed the summary judgment concerning the statute of limitations, ruling that the appellants' claims for damages and accounting were time-barred. The court found the initial pleadings did not constitute proper counterclaims and rejected the application of the continuing tort theory.

Trust LawLife EstateStatute of LimitationsSummary JudgmentFiduciary DutyCounterclaimsAccountingWill ConstructionTestamentary TrustsInter Vivos Trusts
References
11
Case No. ADJ11893382
Regular
Mar 10, 2020

JAIME ANGUIANO (Deceased) vs. INTER CON SECURITY SYSTEMS, ARCH INSURANCE COMPANY

This case involves a deceased applicant, Jaime Anguiano, and the defendants Inter Con Security Systems and Arch Insurance Company. The Workers' Compensation Appeals Board (WCAB) denied a Petition for Removal filed by one of the parties. The WCAB emphasized that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm that reconsideration cannot remedy. Because the WCJ's report suggested placing the matter back on calendar, the WCAB determined the issue is best handled at the trial level and denied the petition.

Petition for RemovalExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationTrial LevelStatus ConferenceMandatory Settlement ConferenceWorkers' Compensation Appeals BoardAdministrative Law Judge
References
2
Case No. ADJ10492342
Regular
Apr 27, 2023

JASMINE ORBERG vs. INTER SOURCES, INC., STATE FARM FIRE AND CASUALTY COMPANY

The Workers' Compensation Appeals Board (WCAB) rescinded a prior decision, finding applicant Jasmine Orberg was an employee of Inter Sources, Inc. at the time of her injury. The WCAB determined that Orberg's activities in the training program, including interacting with customers and providing status updates, established an employer-employee relationship under the Borello standard. Furthermore, the WCAB ruled that the "going and coming" rule did not bar her claim because the employer provided transportation, which falls under an exception to the rule. The case is returned to the trial level for further proceedings on other issues.

Workers' Compensation Appeals BoardInternshipMotor Vehicle AccidentGoing and Coming RuleEmployer-employee relationshipBorello standardIndependent contractorPrima facie caseAgencyProvided transportation
References
18
Case No. 06 Civ. 12878(RLC)
Regular Panel Decision

International Securities Exchange, LLC v. S & P Dow Jones Indices, LLC

International Securities Exchange, LLC and International Exchange Holdings, Inc. (ISE) sued S & P Dow Jones, LLC (Dow Jones) for a declaration of right to list options on S&P 500 and DJIA indices without a license, claiming federal copyright preemption. The lawsuit was stayed pending resolution of an identical case in Illinois state courts. The Illinois courts ruled in favor of Dow Jones, affirming its intellectual property rights and concluding that ISE's actions constituted misappropriation, a decision affirmed by the Illinois Appellate Court and upheld by the US Supreme Court's denial of certiorari. Upon returning to the current court, ISE sought to amend its complaint, while Dow Jones moved to dismiss based on res judicata. The court granted Dow Jones' motion, ruling that the Illinois judgment was binding under the Full Faith and Credit Act and Illinois preclusion rules, thus barring ISE from relitigating the preemption issue. ISE's motion to amend its complaint was denied as futile.

Copyright PreemptionRes JudicataCollateral EstoppelFull Faith and Credit ActIntellectual Property RightsStock Market IndicesOptions TradingUnfair CompetitionTortious InterferenceIllinois State Law
References
42
Case No. MISSING
Regular Panel Decision
Aug 24, 1999

Town of Hempstead v. Inc. Village of Atlantic Beach

This case involves two related actions arising from inter-municipal agreements for waste disposal services. The defendants appealed from initial court orders concerning their obligations to pay minimum waste commitment tonnage fees and their entitlement to various credits, including those for private carters, recyclable materials, and yard waste. The plaintiffs cross-appealed regarding the methodology for calculating yard waste credits and the fees for using the Town's transfer facility. The Supreme Court, Nassau County, issued an initial order and a subsequent amended order upon reargument, clarifying several points. The Appellate Division affirmed the amended order, holding that the agreements unambiguously required villages to pay minimum tonnage fees regardless of actual waste delivered. The court also determined that the villages were only obligated to pay transfer facility fees based on actual waste delivered and that any ambiguities regarding yard waste credits should be interpreted against the Town as the drafter of the agreements.

Inter-municipal agreementsWaste disposalSummary judgmentContract interpretationMinimum commitment feesYard waste creditTransfer facility feesUnambiguous agreementsExtrinsic evidenceAmbiguity construction
References
10
Case No. MISSING
Regular Panel Decision
Jun 08, 2001

Santangelo v. Fluor Constructors International, Inc.

This case involves appeals from an order denying summary judgment motions in a wrongful death action. The decedent, an employee of Frank Lili & Son, Inc. (Lill), sustained fatal injuries at a construction site involving a manlift leased by APi, Inc. and manufactured by JLG Industries, Inc. The appellate court affirmed the lower court's refusal to dismiss third-party complaints against APi and JLG, rejecting arguments of res judicata, collateral estoppel, superseding cause, and spoliation of evidence. The court noted that new evidence regarding modifications to the manlift by APi prevented the application of estoppel doctrines and that JLG failed to meet its burden of proof on its claims.

Wrongful DeathConstruction Site AccidentManlift AccidentSummary JudgmentRes JudicataCollateral EstoppelSuperseding CauseSpoliation of EvidenceAppellate ReviewThird-Party Action
References
13
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