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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Feltman v. Kossoff & Kossoff LLP (In re TS Emp't, Inc.)

The case involves a Chapter 11 Trustee, James S. Feltman, for TS Employment, Inc. (TSE), who filed a second amended complaint against Kossoff & Kossoff LLP and Irwin Kossoff. The defendants moved to dismiss the complaint, arguing that the Trustee's claims were barred by the Wagoner rule, which typically prevents a bankrupt corporation from suing third parties for fraud if corporate managers assisted in the fraud. The core issue is whether the defendants qualify as 'non-statutory insiders' to bypass the Wagoner rule's application. The Trustee alleged that the defendants effectively acted as TSE's CFO or Treasurer, controlling financial reporting and accounting, despite lacking formal titles. The Court, reviewing the allegations, concluded that the Second Amended Complaint sufficiently pleaded facts to support the inference that the defendants were non-statutory insiders, exercising significant control over TSE's financial operations. Therefore, the Court denied the defendants' motion to dismiss, allowing the Trustee to proceed with the case.

Bankruptcy LawMotion to DismissWagoner RuleInsider ExceptionNon-Statutory InsiderFiduciary DutyCorporate ControlAccounting FraudChapter 11Trustee Standing
References
35
Case No. Docket Entries No. 140, 141
Regular Panel Decision

In re Plains All Am. Pipeline, L.P. Sec. Litig.

This Memorandum and Opinion addresses the defendants' second motion to dismiss a securities-fraud amended complaint. The case involves a highly publicized oil spill on the California coast by Plains All American Pipeline, an oil and gas pipeline owner and operator. Plaintiffs, a putative class of stockholders, allege that Plains and its officers made misrepresentations about the spill's extent and the company's environmental compliance programs, causing a drop in stock price. The court previously dismissed claims without prejudice, allowing for amendment. Now, evaluating the Second Amended Consolidated Complaint, the court grants the defendants' motions to dismiss. The court finds that the plaintiffs failed to adequately allege specific, actionable misrepresentations and, more critically, failed to establish a strong inference of scienter for the individual defendants for any remaining potentially actionable statements. Consequently, all claims are dismissed with prejudice, deeming further amendment futile.

Securities FraudOil SpillPipeline IntegrityEnvironmental ComplianceClass ActionMotions to DismissScienterRule 9(b)PSLRAStock Price
References
55
Case No. MISSING
Regular Panel Decision
Jun 01, 2018

Magruder v. Halliburton Co.

The case involves a class action lawsuit filed by Plaintiff Patricia A. Magruder against Halliburton Company and its former CEO, David Lesar. The plaintiffs alleged violations of Sections 10(b) and 20(a) of the Securities Exchange Act of 1934, claiming that the defendants misrepresented or omitted material information concerning various company aspects, including a bribery incident, liquidity, asbestos reserves and liability insurance, the bankruptcy of Harbison-Walker, and the Barracuda-Caratinga project. The defendants filed a Motion to Dismiss the Second Amended Complaint (SAC). The Court granted the motion, dismissing various claims. Some claims were dismissed with prejudice (e.g., those based on mere puffery or barred by the statute of repose for the Nigeria bribery incident), while others were dismissed without prejudice due to deficiencies in pleading particularity, scienter, and loss causation. Plaintiffs were granted leave to file an amended complaint by June 1, 2018.

Class ActionSecurities Exchange Act of 1934Motion to DismissPleading RequirementsPSLRAScienterLoss CausationMaterial MisrepresentationMaterial OmissionAsbestos Liability
References
35
Case No. MISSING
Regular Panel Decision

Larrier v. Miller

This case involves an action brought by a plaintiff against a defendant union seeking damages for assault and battery. The union filed a motion to dismiss the first cause of action alleged in the amended complaint. The court affirmed the order denying the union's motion to dismiss, insofar as appealed from. Additionally, the plaintiff was granted leave to serve a second amended complaint concerning the second cause of action within ten days from the entry of the order.

Assault and BatteryMotion to DismissAmended ComplaintUnion LiabilityDamagesCivil ProcedureAppellate ReviewCosts and DisbursementsPanel DecisionLeave to Amend
References
0
Case No. MISSING
Regular Panel Decision

Overnite Transportation Co. v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen & Helpers

Overnite Transportation Company filed a second amended complaint against the International Brotherhood of Teamsters (IBT) and numerous individuals, alleging violations of RICO, tortious interference with business and employment relations, and malicious destruction of property. The defendants moved to dismiss, transfer, and strike material from the complaint. The court denied the motion to transfer but addressed the motions to dismiss and strike. The court dismissed all predicate acts related to the Hobbs Act, Travel Act, state criminal extortion, and state criminal assault due to NLRA preemption, and also dismissed the state law tort claims. However, the court denied the motion to dismiss predicate acts sufficiently pleading attempted murder. The court also granted the defendants' motion to strike certain paragraphs as largely immaterial background information.

RICO ActLabor DisputeMotion to DismissMotion to StrikeAttempted MurderRacketeering ActivityNLRA PreemptionHobbs ActTravel ActTortious Interference
References
67
Case No. MISSING
Regular Panel Decision

Angelora v. Kent Stores, Inc.

The appellate court affirmed the dismissal of the plaintiff's amended complaint against Kent Stores, Inc. The court also affirmed the dismissal of the second cause of action in the plaintiff's amended complaint against Louis Marcus. The basis for these dismissals was the plaintiff's failure to state facts sufficient to constitute a cause of action. The decision included an award of ten dollars in costs and disbursements.

Amended ComplaintDismissalSufficiency of FactsCause of ActionAppellate ReviewCosts and DisbursementsConcurring JusticesCivil Procedure
References
0
Case No. MISSING
Regular Panel Decision

Perino v. Cohen (In Re Cohen)

The plaintiff sought to amend their complaint, originally filed on June 17, 1987, which objected to the dischargeability of a debt under Section 523(a)(6) of the Bankruptcy Code. The proposed amendment aimed to increase compensatory damages from $5,000 to $10,000 and introduce a new claim for $20,000 in punitive damages, alleging violations of the New York Human Rights Law. The defendant opposed the motion, arguing bad faith, undue prejudice due to the expanded monetary claims, and the legal insufficiency of the punitive damages under New York law or its being time-barred. Citing the liberal amendment policy of Fed.R.Civ.P. 15(a), the court determined that the increase in damages or addition of a punitive claim did not automatically constitute bad faith or prejudice. Consequently, the plaintiff's motion to amend the complaint was granted, with the court allowing the plaintiff to pursue the colorable punitive damages claim, leaving the statute of limitations defense to be addressed later.

Motion to Amend ComplaintBankruptcy DischargeabilityPunitive Damages ClaimCompensatory DamagesFederal Rules of Civil Procedure 15(a)New York Human Rights LawCollateral EstoppelLegal Sufficiency of PleadingStatute of Limitations DefenseBad Faith and Prejudice
References
32
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

Second Injury Fund v. American Motorists Insurance Co.

This case addresses whether a 1971 amendment to Texas workers' compensation law (Article 8306, Sections 12c and 12c-l) permits an insurance carrier to be reimbursed from the Second Injury Fund when an employee's total and permanent incapacity results from a combination of general, rather than specific, injuries. The trial court had granted a $16,000 judgment for the carrier, American Motorist Insurance Company, but the Second Injury Fund appealed. Citing the precedent set in Second Injury Fund v. Keaton, the appellate court clarified that the 1971 amendment did not expand the fund's liability beyond specific injuries. The court emphasized that legislative intent to alter this established rule was not evident in the amendment. Consequently, the appellate court reversed the trial court's judgment, ruling against reimbursement for general injuries.

Second Injury FundWorkers' CompensationGeneral InjuriesSpecific InjuriesReimbursementStatutory InterpretationArticle 8306Vernon’s Ann.Civ.St.Appellate ReviewLegislative Intent
References
6
Case No. 97 Civ. 1547
Regular Panel Decision

Smith v. CPC International, Inc.

Plaintiffs moved to amend their complaint to include claims under the Employee Retirement Income Security Act of 1974 (ERISA) for various employee benefits, arguing these claims were distinct from previous ERISA claims dismissed by the court. The court denied the motion to amend, finding it futile. The decision was based on the court's prior determination, affirmed by the Second Circuit, that the plaintiffs were not 'employees' within the meaning of ERISA under common law agency principles. This prior ruling, stemming from a dismissed negligent misrepresentation claim, precluded the plaintiffs from relitigating their employment status, thus making the proposed ERISA claims unsustainable.

ERISAEmployee BenefitsMotion to AmendFutilityRes JudicataCollateral EstoppelEmployee StatusCommon Law AgencyFederal Rules of Civil Procedure Rule 15Federal Rules of Civil Procedure Rule 12(b)(6)
References
14
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