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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

Morser v. AT & T INFORMATION SYSTEMS

Plaintiff Roy Morser filed an age discrimination complaint against defendant AT & T Information Systems (ATT-IS) after being laid off during a company-wide reduction-in-force. The court initially granted summary judgment in favor of ATT-IS, prompting Morser to file a motion for reargument. Morser based his motion on recent Second Circuit employment discrimination decisions, Montana and Ramseur, arguing that the court had overlooked or misapplied summary judgment standards, particularly regarding intent and drawing inferences in favor of the non-moving party. The court granted the motion for reargument, but upon reconsideration, reaffirmed its original decision to grant summary judgment to ATT-IS. The court found that its initial ruling had properly applied summary judgment standards and distinguished the facts of Morser's case from the precedents cited, noting the context of a massive layoff and lack of specific evidence of discriminatory intent.

Age DiscriminationSummary JudgmentReduction-in-Force (RIF)Rule 56 Fed.R.Civ.P.Rule 3(j) Civil Rules S.D.N.Y. & E.D.N.Y.Rule 59(e) Fed.R.Civ.P.Reargument MotionEmployment LawDisparate TreatmentSecond Circuit Precedent
References
20
Case No. MISSING
Regular Panel Decision

Brownstone Publishers, Inc. v. New York City Department of Buildings

The petitioner publishing company sought information from the New York City Department of Buildings (DOB) under the Freedom of Information Law (FOIL) in a computer tape format. The DOB offered the information in hard copy, citing no obligation to accommodate format preference, despite the petitioner's claim of substantial cost and difficulty in re-digitizing hard copies. The court, noting New York's Public Officers Law, emphasized the requirement for 'full' or 'maximum' access to records, which includes computer tapes or discs. It determined that providing over a million pages in hard copy would not constitute reasonable or maximum access. The court found no significant hardship for the DOB to provide the data electronically at the petitioner's expense. Consequently, the CPLR article 78 petition was granted, directing the DOB to provide the electronic records in computer tape format.

Freedom of Information LawPublic Officers LawInformation FormatElectronic RecordsHard CopyData AccessCPLR Article 78Government TransparencyCommercial InterestsNew York City Department of Buildings
References
2
Case No. MISSING
Regular Panel Decision
Jun 01, 2009

People v. Nunn

This case addresses whether a court's discretion to deem a misdemeanor complaint charging a drug offense as an information, without a field test or laboratory analysis, violates a defendant's due process rights. The court distinguishes People v Kalin and Matter of Jahron S., applying the three-factor test from Mathews v Eldridge. It concludes that the substantial private interest in physical liberty and the risk of erroneous deprivation necessitate a laboratory report or field test in most drug-related cases, imposing minimal burden on the prosecution. Specifically, for defendant Mr. Nunn, the misdemeanor complaint was deemed an information on June 1, 2009, after the certified laboratory analysis was filed.

Due ProcessCriminal ProcedureMisdemeanorControlled SubstanceDrug PossessionMisdemeanor InformationMisdemeanor ComplaintPrima Facie CaseLaboratory AnalysisField Test
References
21
Case No. MISSING
Regular Panel Decision

Allen v. Advanced Digital Information Corp.

Plaintiff Lucinda Allen filed suit against her former employer, Advanced Digital Information Corporation (ADIC), alleging sex-based hostile work environment, unequal pay under the Equal Pay Act (EPA), gender-based discrimination under Title VII and NYHRL, and retaliatory termination. ADIC moved for summary judgment on all claims. The court granted ADIC's motion regarding Allen's hostile work environment and EPA claims, finding the former lacked sufficient severity or pervasiveness and the latter had been abandoned. However, the court denied summary judgment on Allen's sex discrimination and retaliation claims, concluding that material questions of fact remained regarding ADIC's discriminatory intent and the causal link between Allen's protected activities and her termination. Consequently, the sex discrimination and retaliation claims will proceed to trial.

Employment DiscriminationSex DiscriminationHostile Work EnvironmentRetaliationSummary JudgmentTitle VIIEqual Pay ActNew York State Human Rights LawWorkplace HarassmentGender Discrimination
References
48
Case No. MISSING
Regular Panel Decision
Feb 14, 1997

Nunez v. A-T Financial Information, Inc.

Plaintiff, an account executive at A-T Financial Information, Inc. (ATF), alleged sexual harassment and discrimination by defendant Andrews, ATF's Vice President of Sales. During a sales dinner, Andrews made crude sexual remarks to the plaintiff. Following the incident, plaintiff reported the conduct, experienced a deterioration in her work relationships, and was ultimately terminated by ATF. She filed a lawsuit alleging violations of federal and New York Human Rights Law, as well as common law claims for defamation, intentional infliction of emotional distress, and breach of an implied covenant of good faith and fair dealing. The court granted ATF's motion to dismiss the common law claims, ruling that the defamation claim lacked special damages, Andrews' conduct, while reprehensible, did not meet the 'outrageous' standard for emotional distress, and New York law does not recognize an implied covenant in at-will employment.

Sexual harassmentWorkplace discriminationHostile work environmentDefamation lawIntentional infliction of emotional distressAt-will employmentMotion to dismissNew York common lawTitle VII claimsHuman Rights Law
References
28
Case No. MISSING
Regular Panel Decision

AT&T Information Systems, Inc. v. Donohue

This case concerns an appeal by AT&T Information Systems, Inc. (petitioner) against the New York State Job Incentive Board's (Board) denial of its application for tax incentives under Commerce Law former article 4-A. The Board, created to alleviate unemployment, offered tax incentives in exchange for enhanced employment opportunities. Petitioner, formed by AT&T in response to FCC deregulation, applied for these incentives for 13 new facilities. The Board denied the applications, stating that the projects did not demonstrate the creation of "net new jobs for New York State." The Supreme Court found that the Board failed to make an independent assessment, was influenced by outside political pressure, and applied an impermissible test by charging job losses from FCC rulings against newly created jobs. Concluding that the Board acted arbitrarily and capriciously, and given the Board's abolition, the Supreme Court invoked its inherent authority to reverse the judgment and grant the petition, holding that petitioner was entitled to the credits.

Tax incentivesJob Incentive BoardAdministrative lawJudicial reviewArbitrary and capriciousDiscretionary powerCommerce LawUnemployment alleviationFCC rulingsCorporate divestiture
References
13
Case No. MISSING
Regular Panel Decision
Jul 01, 1993

Archer v. IBM Corp.

Claimant appealed a Workers' Compensation Board decision that denied her claim for benefits, which alleged an acquired sensitivity to chemicals from exposure at IBM Corporation. The Board determined there was insufficient evidence of a causally related occupational disease. The Appellate Division affirmed the Board's decision, citing expert testimony from an IBM physician, Franklin Aldrich, who found no causal link between the claimant's dermatitis and workplace chemicals, despite conflicting testimony from other experts.

Occupational DiseaseChemical SensitivityWorkers' Compensation AppealCausationDermatitisExpert Medical TestimonySufficiency of Evidence
References
1
Case No. MISSING
Regular Panel Decision

Hetzler v. Record/Information Dissemination Section, Federal Bureau of Investigation

This case involves a Freedom of Information Act (FOIA) request by pro se plaintiff Déirdre McKiernan Hetzler seeking records from the Federal Bureau of Investigation (FBI) concerning her father. The FBI released some documents, redacted others, and withheld some entirely, citing various FOIA exemptions including national security, internal agency rules, and protection of confidential sources and third-party privacy. Plaintiff challenged the breadth of these redactions. The Court conducted an in camera review of the withheld documents and, after evaluating the asserted exemptions, granted in part and denied in part both the defendants' motion for summary judgment and the plaintiff's cross-motion, ordering the FBI to re-process and re-release certain documents where redactions were deemed unjustified.

FOIANational SecurityClassified InformationRedactionSummary JudgmentPrivacy InterestsConfidential SourcesFBIGovernment RecordsDeclassified Documents
References
30
Case No. ADJ4642991 (VNO 0556266)
Regular
Sep 09, 2011

## RICHARD ANTONETTE, vs. VOLT INFORMATION SCIENCES; MAJESTIC INSURANCE COMPANY, Administered by GALLAGHER BASSETT CLAIMS SERVICES

The Workers' Compensation Appeals Board (WCAB) granted reconsideration to review a proposed $\$4,600$ compromise and release agreement. The agreement attempts to settle applicant Richard Antonette's claim, waiving future medical treatment and noting a substantial temporary disability overpayment, but the WCAB lacks sufficient information for approval. Citing *Tensfeldt v. WCAB*, the WCAB emphasizes that a fraud conviction does not automatically bar all future benefits, requiring an individualized assessment of the facts. Therefore, the case is returned to the trial level to determine the adequacy of the settlement and any necessary further proceedings.

Workers' Compensation Appeals BoardReconsiderationCompromise and ReleaseWorkers' Compensation FraudInsurance Code Section 1871.4(a)(1)Labor Code Section 3207Tensfeldt v. Workers' Comp. Appeals Bd.Case-by-case determinationIndustrial injuryMedical evidence
References
2
Case No. 00 Civ. 4763
Regular Panel Decision

U.S. Information Systems, Inc. v. International Brotherhood of Electrical Workers Local Union Number 3

The plaintiffs, CWA-affiliated electrical contractors led by U.S. Information Systems, Inc., filed an antitrust lawsuit against IBEW Local Union Number 3 and affiliated electrical contractors. Plaintiffs alleged a conspiracy to exclude them from the telecommunications installation market, causing higher prices and lost profits, in violation of the Sherman and Donnelly Acts. The defendants moved to exclude the testimony of the plaintiffs' economic expert, Dr. Frederick C. Dunbar, under Federal Rules of Evidence 702 and 703, arguing his methods and data were unreliable. Magistrate Judge Francis found that while Dr. Dunbar's qualifications and methodology were largely sound, his analysis concerning liability and causation relied on a biased data sample. Consequently, the court partially granted the defendants' motion, ruling that Dr. Dunbar's testimony based on the skewed data sample for liability and causation is inadmissible. However, his testimony not dependent on this biased data, including his damages calculations, remains admissible, and plaintiffs were instructed to submit a revised expert report if they intend to offer such testimony.

AntitrustMonopoly LeveragingExpert TestimonyDaubert StandardReliability of EvidenceStatistical AnalysisData BiasMarket PowerTelecommunications IndustryElectrical Contracting
References
41
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