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

Case No. 06 Civ. 12878(RLC)
Regular Panel Decision

What Happened in Felix vs. Weber Metals Reconsideration?

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

How Did the WCAB Rule in Hardgrove vs. Intercon Security?

Getty Oil Company sued NL Industries, Inc. and its insurers (INA and Youell) for breach of contract to provide insurance coverage, following a wrongful death judgment against Getty. The dispute arose from an explosion of chemicals purchased from NL, resulting in a jury finding Getty 100% negligent. Getty sought reimbursement, arguing NL's insurance should cover its liability under a purchase order provision. The trial court granted summary judgment for defendants, citing the Texas Oilfield Anti-Indemnity Statute, express negligence rule, res judicata, and collateral estoppel. The court of appeals affirmed based on res judicata. The Supreme Court partially affirmed, holding Getty's claims against NL were barred by res judicata as they arose from the same transaction as previous litigation. However, the Court reversed the judgment regarding Getty's claims against NL's insurers (INA and Youell), finding those claims were not barred by res judicata due to 'no action' policy provisions and procedural rules preventing their joinder in the prior suit. The Court also held the Anti-Indemnity Statute and express negligence doctrine did not invalidate the additional insured provision for NL's insurers.

Oilfield Anti-Indemnity StatuteInsurance CoverageContractual IndemnityRes JudicataCollateral EstoppelExpress Negligence RuleTexas Civil LawContract InterpretationAdditional Insured ProvisionsLiability Insurance
References
40
Case No. MISSING
Regular Panel Decision

What Did the WCAB Decide in Cuadra vs. Community Home Care?

Della Faye Gilbert appealed a summary judgment that denied her relief in a breach of employment contract action against Fireside Enterprises, Inc. Fireside argued the action was precluded by a prior negligence judgment between the same parties for the same transaction, citing res judicata. The court examined the scope and policy considerations of res judicata, distinguishing it from collateral estoppel and various concepts of a 'cause of action'. Concluding that the present contract action, which involved splitting legal theories of recovery, did not substantially offend the compelling policy considerations of res judicata (preventing double recovery and promoting stability of decisions), the court reversed the trial court's judgment and remanded the case for trial.

Res JudicataClaim PreclusionEmployment ContractNegligence ActionWorkers' CompensationTexas LawSummary JudgmentAppealCause of ActionPolicy Considerations
References
13
Case No. MISSING
Regular Panel Decision

How Were Death Benefits Handled in Bocanegra vs. Sun-Gro Commodities?

This case is a motion for rehearing where Illinois reargues points concerning res judicata and attorney's fees under Tex.Rev.Civ.Stat.Ann. art. 8307 § 6a. Illinois contended that res judicata should have precluded a default judgment for respondents and that the attorney's fee award was a statutory violation and improperly calculated. The court overruled the motion, affirming the trial court's judgment. It found that res judicata did not apply as the current attorney's fees dispute was distinct from a prior wrongful death settlement. The court clarified that attorney's fees are properly awarded to the claimant's attorney for the benefit accruing to the carrier, including saved future death benefits, consistent with the statute's aim to compensate for efforts in securing third-party recovery.

Res JudicataAttorney's FeesWorkers' CompensationSubrogationDefault JudgmentFuture BenefitsWrongful DeathSettlementInsurance Carrier LiabilityTexas Law
References
6
Case No. W2016-02288-COA-R3-CV
Regular Panel Decision
Jul 12, 2017

Can a WCJ Be Disqualified for Appearance of Bias?

This case involves an appeal concerning the application of the doctrine of res judicata. Kevin Cash filed a lawsuit against his former employer, Turner Holdings LLC a/k/a Prairie Farms Dairy Inc., alleging retaliatory discharge, fraud, and intentional infliction of emotional distress. The initial lawsuit was dismissed 'in its entirety' by the trial court. Cash subsequently filed a second lawsuit asserting the same causes of action, but the trial court granted summary judgment to Turner Holdings, finding the claims barred by res judicata due to the prior dismissal being a final adjudication on the merits. The Court of Appeals affirmed the trial court's decision, concluding that the November 20, 2014, dismissal order was a final judgment on the merits for res judicata purposes.

Res JudicataClaim PreclusionSummary JudgmentMotion to DismissRetaliatory DischargeFraudIntentional Infliction of Emotional DistressWorkers' Compensation LawAppellate ReviewFinal Judgment
References
30
Case No. 03A01-9903-CH-00110
Regular Panel Decision
Oct 15, 1999

What Were the Key Rulings in Torrez vs. SuperShuttle?

James R. Baldwin, a former employee of the Knox County School Board, sued for approximately $32,187 in back wages. This was Baldwin's second lawsuit concerning the same wages, with the first having been dismissed by the Trial Court and affirmed on appeal in 1995. In the current action, Baldwin alleged a violation of Tennessee Code Annotated § 49-5-203 (teacher's rights), which the Board countered with the affirmative defense of res judicata. The Trial Court granted the Board's motion for summary judgment, finding that res judicata barred Baldwin's second lawsuit as the issue could have been litigated previously. The Court of Appeals affirmed the Trial Court's judgment, concluding that the case presented a clear instance of res judicata, given that both lawsuits involved the same parties and the same claim for wages.

Res JudicataBack WagesSummary JudgmentTeacher Tenure StatuteAppellate ReviewKnox County Board of EducationEmployment LawPrior LitigationIssue PreclusionClaim Preclusion
References
3
Case No. MISSING
Regular Panel Decision

Why Was Removal Denied in Rush vs. California Correctional Institution?

This appeal addresses whether res judicata bars the New York State Office of Mental Retardation and Developmental Disabilities (OMRDD) from reevaluating an applicant's eligibility for developmental disability benefits. Petitioner Jason B. was initially deemed eligible in 2003, but OMRDD later terminated his services in 2006 following a reevaluation prompted by his service provider. After a fair hearing affirmed the termination, Jason B. initiated a CPLR article 78 proceeding, leading the Appellate Division to apply res judicata to the 2003 determination and annul the termination. However, the Court of Appeals reversed, clarifying that the 2003 eligibility finding was not a quasi-judicial determination and thus not subject to res judicata. The Court concluded that OMRDD's 2006 termination of benefits was supported by substantial evidence.

Res JudicataAdministrative LawDevelopmental DisabilityMedicaid EligibilityOMRDD ServicesHome and Community Based Services WaiverMental Hygiene LawCPLR Article 78 ProceedingSubstantial EvidenceAgency Review
References
11
Case No. Claim Nos. 4754 and 7181
Regular Panel Decision
Feb 20, 2014

What Did the WCAB Clarify in Ontiveros vs. Savers Stores?

Caren Wilson filed claims (Claim Nos. 4754 and 7181) asserting secured and unsecured claims against Residential Capital, LLC. The ResCap Borrower Claims Trust objected, arguing the claims were barred by res judicata due to a prior dismissal with prejudice of a related federal action, or were improperly amended/late-filed. The Court applied federal res judicata law, finding that Wilson's claims arise from the same nucleus of facts as the previously dismissed Federal Action. Additionally, Claim No. 7181 was deemed either barred by res judicata or late-filed, and both claims failed to meet pleading standards for RICO and fraud. The Court sustained the Trust's objection, expunging both of Wilson's claims, but modified the automatic stay to allow Wilson to challenge the prior dismissal order in the Virginia District Court.

BankruptcyRes JudicataClaim ObjectionExpungementFailure to ProsecuteRule 41(b) DismissalRICOFraudDebtor-CreditorMortgage Securitization
References
45
Case No. MISSING
Regular Panel Decision

Why Was Reconsideration Denied in Gomez vs. Dorothy Stevens?

The plaintiff, a cemetery worker named Pereira, appealed an order from the Supreme Court, Westchester County, which dismissed his personal injury complaint against St. Joseph’s Cemetery, Church of St. Joseph, and the Archdiocese of New York, based on res judicata. Pereira had previously filed a similar action alleging intentional tort, but it was dismissed on appeal because the allegations did not meet the intentional tort exception to Workers' Compensation Law § 29. In the current second action, Pereira rephrased his intentional tort allegations, and the defendants again moved to dismiss, this time citing res judicata, which the Supreme Court granted. The appellate court reversed the Supreme Court's decision, ruling that a prior dismissal for failure to state a cause of action is generally not on the merits and therefore does not trigger the doctrine of res judicata. Consequently, the appellate court denied the defendants' motion to dismiss, allowing the plaintiff's second action to proceed.

Personal InjuryRes JudicataWorkers' Compensation LawIntentional TortMotion to DismissFailure to State a Cause of ActionAppellate ReversalPrior DismissalOn the MeritsCemetery Worker
References
6
Case No. 07 Civ. 4627 (LLS)
Regular Panel Decision
Oct 14, 2009

Why Was Reconsideration Dismissed in Sabino vs. Johnson Pump Company?

Plaintiff Board of Managers of the 195 Hudson Street Condominium filed a diversity action against Jeffrey M. Brown Associates (JMB), seeking to declare JMB an alter-ego of K & J Construction Co., L.P. to recover an outstanding state court judgment against K&J. JMB moved to dismiss the complaint, asserting defenses of res judicata, collateral estoppel, and the Rooker-Feldman doctrine. The court found the Rooker-Feldman doctrine inapplicable. Reviewing two prior state court proceedings (Northeast Litigation and Conversion Litigation), the court determined that the alter-ego claim was not barred by res judicata or collateral estoppel concerning the Northeast Litigation, primarily due to lack of adversity and a full and fair opportunity to litigate for the Board. However, the court ruled that the Board's alter-ego claim was barred by res judicata concerning the Conversion Litigation, as the claim arose from the same transaction and should have been raised in that prior proceeding. Consequently, JMB's motion to dismiss the complaint was granted with prejudice.

Res JudicataCollateral EstoppelRooker-Feldman DoctrineCorporate Veil PiercingAlter-ego LiabilityMotion to DismissFederal Rule of Civil Procedure 12(b)(6)State Court JudgmentConstruction DefectBreach of Contract
References
86
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