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

Case No. MISSING
Regular Panel Decision

Sybron Corp. v. Wetzel

In this dissenting opinion, Justice Wachtler argues against the majority's decision regarding long-arm jurisdiction over De Dietrich, a New Jersey corporation. He contends that the mere hiring of a former employee (Wetzel) by De Dietrich, even with an inferred intent to obtain Sybron's trade secrets, does not constitute a "tortious act" required by CPLR 302 (subd [a], par 3) for establishing jurisdiction, especially without actual disclosure or use of trade secrets. Wachtler emphasizes the delicate balance between protecting trade secrets and ensuring employee mobility and fair competition. He warns that the majority's interpretation could create an overly broad cause of action, impeding skilled workers' ability to change employers. Consequently, he advocates for affirming the Appellate Division's dismissal of the suit against De Dietrich for lack of jurisdiction.

Long-arm jurisdictionTrade secretsUnfair competitionEmployee mobilityDissenting opinionCPLR 302NondomiciliaryTortious actJurisdictionCivil Practice Law and Rules
References
5
Case No. 95 Civ. 7051
Regular Panel Decision

Dietrich v. Bauer

Non-party Allied Irish Banks, p.l.c. (AIB) sought reconsideration and reargument of a court order from August 9, 2000, requesting that the order be vacated or, in the alternative, for permission to submit additional evidence. AIB also requested a stay pending appeal if its motion was denied. Plaintiff Del Dietrich opposed the motion. The Court granted the motion solely for the limited purpose of clarifying its previous opinion regarding the definition of 'control' under Federal Rule of Civil Procedure 45, particularly concerning parent-subsidiary relationships in document discovery. The Court, however, denied AIB's request to vacate the prior order and found AIB's arguments regarding the Hague Convention to be repetitive. The motion for a stay pending appeal was also denied, and AIB was ordered to produce the documents within ten days. Additionally, the parties were directed to attempt to reach an agreement on a confidentiality order.

Reconsideration MotionReargument MotionFederal Rules of Civil Procedure 60(b)Local Civil Rule 6.3Document DiscoveryCorporate ControlParent-Subsidiary RelationshipFederal Rule of Civil Procedure 45Interlocutory AppealStay
References
25
Case No. ADJ7148216, ADJ7148197, ADJ6808594, ADJ7148201
Regular
Jun 21, 2013

RICK CHESHIRE vs. RALEYS, YORK

This Workers' Compensation Appeals Board order dismisses Rick Cheshire's petition for reconsideration because it was not taken from a final order, as required by statute. The Board also denied the petition for removal, adopting the judge's report and finding no showing of substantial prejudice or irreparable harm. The Board admonished the defendant's attorney for filing a petition against a non-final order, noting it borders on frivolous. Consequently, the petition for reconsideration is dismissed and removal is denied.

Petition for ReconsiderationDenial of RemovalFinal OrderInterlocutory OrdersSubstantive RightIrreparable HarmSanctionsWCABLabor CodeAdmonishment
References
0
Case No. MISSING
Regular Panel Decision

STUTIS v. De Dietrich Group

This case involves Gulf War Veterans suing Buchi Labortechnik AG and De Dietrich Process Systems, S.A., alleging injuries from chemical weapons supplied to Iraq. The defendants moved to dismiss the complaint for lack of personal jurisdiction. Plaintiffs cross-moved for jurisdictional discovery and leave to amend their complaint to establish jurisdiction through the defendants' U.S. subsidiaries. The court examined New York law regarding general jurisdiction, specifically the 'agent' and 'mere department' theories for subsidiary liability. Finding insufficient factual allegations to establish jurisdiction over the foreign parent corporations or their subsidiaries, the court granted the defendants' motions to dismiss and denied the plaintiffs' requests.

Personal JurisdictionForeign CorporationSubsidiary LiabilityAgent TheoryMere Department TestRule 12(b)(2)Rule 15(a)Rule 4(k)(2)New York Civil Practice Law and RulesFederal Rules of Civil Procedure
References
28
Case No. 09 Civ. 3043(PAE)
Regular Panel Decision

Hart v. Rick's Cabaret International, Inc.

This Opinion & Order addresses several pre-trial issues in a class action lawsuit brought by exotic dancers against Rick’s Cabaret NY and related entities, alleging violations of the Fair Labor Standards Act and New York Labor Law concerning minimum wages and mandatory tip-out fees. District Judge Paul A. Engelmayer ruled that performance fees received by dancers cannot offset the Club’s liability for mandatory tip-out fees, which were deemed unlawful deductions under NYLL § 193(3)(a). The Court further affirmed that claims related to these tip-out fees are appropriate for class-wide resolution, consistent with the Mt. Clemens doctrine for calculating damages when employer records are insufficient. Finally, the defendants' motion for interlocutory appeal regarding class certification, the "reasonable customer" standard, and wage offset issues was denied, as the questions did not meet the criteria of 28 U.S.C. § 1292(b). Consequently, a single trial is scheduled for April 27, 2015, to resolve all outstanding jury issues.

Class ActionFair Labor Standards ActNew York Labor LawMinimum WageTip-out FeesExotic DancersInterlocutory AppealClass CertificationDamages CalculationEmployer Liability
References
36
Case No. 09 Civ. 3043(PAE)
Regular Panel Decision
Jan 21, 2014

Hart v. Rick's NY Cabaret International, Inc.

This Opinion & Order addresses the court's jurisdiction over New York Labor Law (NYLL) claims in a class action lawsuit filed by exotic dancers against Rick's Cabaret and related entities. The plaintiffs initially brought claims under the Fair Labor Standards Act (FLSA) and NYLL. While the court considered exercising supplemental jurisdiction over the NYLL claims, plaintiffs argued for independent diversity jurisdiction under the Class Action Fairness Act (CAFA). The court concluded that, based on the current record, it possesses independent jurisdiction under CAFA for the NYLL claims. Furthermore, the court found that the defendants failed to establish any of the statutory exceptions to CAFA jurisdiction, including the 'local controversy,' 'home state,' or 'interest of justice' exceptions. The court left open the possibility for a renewed motion to remand the NYLL claims if later-developed facts challenge CAFA jurisdiction.

FLSA ClaimsNYLL ClaimsCAFA JurisdictionClass ActionSupplemental JurisdictionDiversity JurisdictionEmployment LawExotic DancersMinimum WageWage & Hour
References
21
Case No. ADJ13841944
Regular
Aug 20, 2025

Rick Carroll vs. Subsequent Injuries Benefits Trust Fund

The applicant, Rick Carroll, sought reconsideration of a May 5, 2025, Findings of Fact and Order where the WCJ found he was not entitled to Subsequent Injuries Benefits Trust Fund (SIBTF) benefits due to a lack of substantial medical evidence from Dr. Raye Bellinger. The applicant contended the WCJ erred in failing to rely on party stipulations and in interpreting the scope of pre-existing labor disabling conditions. The Workers' Compensation Appeals Board (WCAB) granted reconsideration, deeming Dr. Bellinger's report inadequate and the record improperly developed. However, the WCAB deferred a final decision on the merits to allow for further review and potential development of the record.

Subsequent Injuries Benefits Trust FundSIBTFPetition for ReconsiderationLabor Code Section 4751pre-existing disabilitysubstantial medical evidencestipulationWCJ Report60-day ruletransmission
References
0
Case No. ADJ3190120
Regular
Dec 05, 2008

RICK HAVENS vs. VERIZON WIRELESS, SEDGWICK CLAIMS MANAGEMENT SERVICES

The Workers' Compensation Appeals Board (WCAB) dismissed Rick Havens' petition for reconsideration. The WCAB adopted the WCJ's recommendation to dismiss the petition as untimely, meaning it was filed after the statutory deadline. Even if considered on its merits, the WCAB would have denied the petition, as it found no error in the original order denying a psyche injury claim AOE/COE.

AOE/COEpsyche injurygood faith personnel actionspetition for reconsiderationuntimelyFindings and OrderWCJWorkers' Compensation Appeals Boardadministrative law judgeReport and Recommendation
References
0
Case No. ADJ10809542; ADJ17227129
Regular
Apr 01, 2025

Rick Broussard vs. John Kirby, The Hartford, Oak River Insurance Company

Applicant Rick Broussard, a carpet cleaner, sustained industrial injuries to multiple body parts. Defendant Oak River Insurance Company sought reconsideration of a WCJ's decision regarding the Labor Code section 5500.5 liability period and the scope of industrial injury. The Appeals Board granted reconsideration, amending the decision to include an express finding that the Labor Code section 5412 date of injury was August 2, 2017, and otherwise affirmed the WCJ's decision. The Board also clarified aspects of Labor Code section 5909 concerning the timeline for acting on reconsideration petitions and upheld the WCJ's findings on the date and extent of injury based on substantial medical evidence.

Labor Code section 5500.5Labor Code section 5412Petition for Reconsiderationcumulative injurydate of injurycompensable disabilitysubstantial evidenceagreed medical evaluatoroccupational diseasecarpal tunnel syndrome
References
17
Case No. ADJ9036938
Regular
Jun 15, 2016

KIRSTIN HEDBLOM vs. RICK GOMBAR INSURANCE SERVICE, STATE COMPENSATION INSURANCE FUND

This Workers' Compensation Appeals Board case involves Kirstin Hedblom and defendants Rick Gombar Insurance Service and State Compensation Insurance Fund. The Board dismissed the petition for reconsideration because it was filed late. Specifically, the petition was filed more than 20 days after the WCJ's decision was personally served, exceeding the statutory deadline. The Board emphasized that the filing deadline is jurisdictional, leaving no authority to consider untimely petitions.

Petition for Reconsiderationuntimelypersonal service20-day time limitjurisdictionalWCJ decisionfiling deadlineWCAB Rule 10507WCAB Rule 10508proof of mailing
References
4
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