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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

Curry v. American International Group, Inc. Plan No. 502

Curry, a former Regional Insurance Underwriting Manager for AIG, sued American International Group, Inc. Plan No. 502 and American International Life Assurance Co. of New York ("AI Life") under ERISA § 502(a) after her long-term disability benefits were terminated. Curry suffers from degenerative osteoarthritis and diabetes. AI Life initially approved her benefits but later terminated them, alleging she could perform a sedentary occupation, relying on unverified medical responses. The court found AI Life's decision to be arbitrary and capricious due to its reliance on unreliable medical opinions, failure to clarify the record, and disregard for Curry's doctors' reports. Consequently, the court granted Curry's motion for summary judgment, denying the defendants' motion, and ordered the reinstatement of her benefits with prejudgment interest and attorney's fees.

ERISALong-term disabilityBenefits terminationArbitrary and capricious standardConflict of interestMedical opinionUnreliable evidenceSummary judgmentOrthopaedic conditionsDiabetes
References
10
Case No. MISSING
Regular Panel Decision

SATCOM International Group PLC v. ORBCOMM International Partners, L.P.

Plaintiff SAT-COM International Group PLC filed an action against ORBCOMM International Partners, L.P., seeking damages and injunctive relief. After previous rulings, SAT-COM appealed an order denying a stay of proceedings pending arbitration and granting ORBCOMM's cross-motion to stay arbitration. SAT-COM then moved to enjoin further prosecution of the case during the appeal's pendency. The District Court examined the circuit split on whether a district court retains jurisdiction during an appeal of an interlocutory order concerning arbitration under Section 16(a) of the Federal Arbitration Act. The court adopted the Seventh Circuit's view, which generally holds that jurisdiction is divested, emphasizing judicial economy and the promotion of arbitration. Consequently, the court granted SAT-COM's motion to stay further proceedings until the appellate court's mandate is issued.

Jurisdictional DisputeAppellate ProcedureInterlocutory AppealsArbitration LawFederal Arbitration Act (FAA)Stay of LitigationDivestiture of JurisdictionJudicial DiscretionCircuit SplitInternational Arbitration
References
26
Case No. 2021 NY Slip Op 03820 [195 AD3d 776]
Regular Panel Decision
Jun 16, 2021

21st Century Pharmacy v. American Intl. Group

21st Century Pharmacy appealed a Supreme Court order that dismissed its declaratory judgment action against American International Group (AIG) and the New York Workers' Compensation Board (WCB). The pharmacy sought a declaration that it could pursue payment for prescription bills in a plenary court proceeding, rather than solely through the WCB, and also sought a monetary judgment. The Supreme Court dismissed the complaint, asserting the WCB had exclusive subject matter jurisdiction. The Appellate Division, Second Department, reversed this decision, clarifying that while the WCB holds primary jurisdiction over Workers' Compensation Law applicability, it does not possess exclusive jurisdiction in a declaratory judgment action. The case was remitted to the Supreme Court for a determination on the merits of AIG's motion to dismiss.

Declaratory JudgmentSubject Matter JurisdictionWorkers' Compensation LawPrimary JurisdictionExclusive JurisdictionPrescription BillsAppellate ProcedureRemittalPharmacy RightsCourt Jurisdiction
References
8
Case No. 98 CIV. 9095(DLC)
Regular Panel Decision
Jun 29, 1999

Satcom Intern. Group v. Orbcomm Intern. Partners

SATCOM International Group PLC filed a motion to stay further proceedings in the District Court pending an appeal from an earlier order regarding arbitration. The court examined the "divestiture rule" of jurisdiction during an appeal, particularly concerning interlocutory appeals under Section 16(a) of the Federal Arbitration Act. Acknowledging a circuit split between the Ninth and Seventh Circuits, the court ultimately adopted the Seventh Circuit's view. It concluded that the District Court is generally divested of jurisdiction in such cases, as the appeal directly questions the proper forum for dispute resolution. Therefore, the court granted SATCOM's motion to stay proceedings, citing principles of judicial economy and the pro-arbitration policy of Section 16(a) and the Convention.

ArbitrationFederal Arbitration ActAppellate JurisdictionDistrict Court JurisdictionStay of ProceedingsInterlocutory AppealDivestiture RuleCircuit SplitJudicial EconomyInternational Commercial Disputes
References
26
Case No. 83 Civ. 2059
Regular Panel Decision

Perry v. International Transport Workers' Federation

This case addresses a complex labor dispute between plaintiffs William Perry (President of Local 6, International Longshoremen’s Association) and International Shipping Association (ISA) against defendant International Transport Workers’ Federation (ITF). Plaintiffs alleged antitrust violations under the Clayton and Sherman Acts, alongside state law claims for tortious interference with contractual rights, primarily concerning ITF’s 'blacking' policy on 'flag of convenience' vessels. ITF cross-claimed for antitrust violations, tortious interference, unfair competition, and trademark infringement under the Lanham Act. The court granted summary judgment to the defendant on the plaintiffs’ antitrust claim, citing a statutory labor exemption for ITF's activities, and dismissed ITF's antitrust counterclaim. While denying summary judgment on most tortious interference claims due to factual disputes, the court granted summary judgment to defendant on ISA’s tortious interference claim and to plaintiff Local 6 on ITF’s counterclaim for tortious interference with contractual relations. Furthermore, the court denied the plaintiffs' motion to dismiss the damages portion of the defendant's Lanham Act counterclaim.

Antitrust LawLabor DisputesSummary JudgmentTortious InterferenceLanham ActSherman ActClayton ActNorris-LaGuardia ActFlag of Convenience VesselsCollective Bargaining
References
55
Case No. MISSING
Regular Panel Decision
Jan 16, 2001

Procter & Gamble Co. v. Quality King Distributors, Inc.

Proctor & Gamble Company (P&G), a worldwide distributor of consumer products, sued numerous parties including Quality King Distributors, Inc., Omnisource International, Inc., and Neal Rose, alleging they were involved in mixing, bottling, selling, and distributing counterfeit Head & Shoulders shampoo, in violation of the Lanham Trade-Mark Act. P&G moved for summary judgment on the issue of liability for trademark infringement. The defendants filed cross-motions for summary judgment, arguing P&G had unclean hands, abandoned its trademark rights, and that Neal Rose lacked individual liability. The court granted P&G's motion for summary judgment, finding that the defendants used a counterfeit of P&G's trademark in commerce, which created a likelihood of consumer confusion. The court denied the defendants' cross-motions, concluding that the unclean hands defense was inapplicable, P&G had not abandoned its trademark, and there was sufficient evidence for Rose's personal liability.

Trademark InfringementLanham ActCounterfeit GoodsSummary JudgmentUnclean Hands DefenseTrademark AbandonmentCorporate Officer LiabilityHead & ShouldersConsumer ConfusionInterstate Commerce
References
40
Case No. 00-CV-1161
Regular Panel Decision
Dec 18, 2000

Gallagher v. INTERNATIONAL BROTH. OF ELEC. WORKERS

Plaintiff Michael Gallagher sued several entities, including the International Brotherhood of Electrical Workers (IBEW) and its President J.J. Barry, alleging age discrimination in employment referrals and retaliation through IBEW Local Union No. 43's hiring hall. Gallagher claimed the collective bargaining agreement facilitated discrimination against older workers and that Local 43 was an agent of the International defendants. The defendants moved for judgment on the pleadings, arguing that Gallagher failed to name the International defendants in his EEOC charge, thus failing to exhaust administrative remedies and that no identity of interest existed between the named and unnamed parties. The court granted the motion, dismissing the claims against the International defendants due to Gallagher's failure to file an administrative complaint against them and the lack of an agency relationship or ratification of discriminatory acts. Furthermore, the court found the claims to be time-barred under both state and federal statutes of limitations.

Age DiscriminationEmployment LawLabor UnionCollective Bargaining AgreementEEOCNYSDHRExhaustion of Administrative RemediesFederal Rule of Civil Procedure 12(c)Judgment on PleadingsStatute of Limitations
References
32
Case No. MISSING
Regular Panel Decision

Dewan v. Blue Man Group Limited Partnership

Plaintiff Brian Dewan, a musician, sued the Blue Man Group entities and individuals, seeking a declaration of co-authorship for musical compositions used in their "Blue Man Group: Tubes" performance and damages for state law claims. Dewan claimed he collaborated with the defendants in composing music for the show and was repeatedly assured of his co-authorship rights and that an agreement would be formalized, but it never materialized. Defendants moved to dismiss, arguing the co-authorship claim under the Copyright Act was time-barred. The court found that Dewan's equitable estoppel argument was unreasonable after late 1993 or 1994, as he had sufficient notice that a lawsuit was necessary. Consequently, the court dismissed the federal co-authorship claim due to the expiration of the statute of limitations and declined to exercise supplemental jurisdiction over the remaining state law claims.

Copyright ActCo-authorshipStatute of LimitationsEquitable EstoppelMotion to DismissFederal JurisdictionState Law ClaimsMusical CompositionsCollaborationDeclaratory Judgment
References
11
Case No. MISSING
Regular Panel Decision

In re Rose B.

The Ulster County Commissioner of Social Services appealed an order from the Family Court of Ulster County that dismissed a petition alleging a child, Rose R., was abused and neglected by her father. The appeal stemmed from observations by school staff of numerous injuries on Rose R., which she attributed to beatings. Initially, the Family Court found insufficient evidence. The appellate court, however, reversed the decision regarding neglect, finding that the Commissioner had established by a preponderance of credible evidence that Rose R.'s physical and emotional condition was impaired due to the father's unreasonable infliction of harm and failure to provide minimum care. The matter was remitted to Family Court for a dispositional hearing.

Child AbuseChild NeglectFamily LawAppellate ReviewBurden of ProofPreponderance of EvidencePhysical HarmEmotional ImpairmentParental CareChild Protection
References
6
Case No. 06 Civ. 0822(RJH)
Regular Panel Decision

Vanamringe v. Royal Group Technologies Ltd.

This Memorandum Opinion and Order addresses two consolidated securities fraud actions against Royal Group Technologies Limited and its officers and directors. The plaintiffs, known as the 'Snow Group', allege a fraudulent scheme involving false and misleading statements to inflate Royal Group's stock price, violating Sections 10(b) and 20(a) of the Exchange Act. The Court consolidated the two actions, Vanamringe v. Royal Group Technologies Limited and Messinger v. Royal Group Technologies Limited, under the caption In re Royal Group Technologies Securities Litigation. The Snow Group's motion for appointment as lead plaintiff was granted, as they demonstrated the largest financial interest and satisfied Rule 23 requirements for typicality and adequacy. The Court also approved the Snow Group's selection of Lerach Coughlin Stoia Geller Rudman & Robbins LLP and Labaton Sucharow & Rudoff LLP as co-lead counsel for the class.

Securities FraudClass ActionLead PlaintiffConsolidationPSLRAFederal Rules of Civil Procedure Rule 23Corporate FraudStock ManipulationInvestor ProtectionExchange Act
References
8
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