CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. MISSING
Regular Panel Decision

In Re Terrorist Attacks on September 11, 2002

This Discovery Order, arising from consolidated actions related to the September 11, 2001 terrorist attacks, addresses disputes between the Ashton and Burnett plaintiffs and defendant National Commercial Bank (NCB). Magistrate Judge Maas ruled on the scope of limited jurisdictional discovery concerning NCB's contacts with the United States, an alleged 1998 audit, and customer bank records. The court granted discovery for a six-year period preceding the lawsuits regarding NCB's U.S. presence and ordered NCB to investigate and produce any existing 1998 audit. However, requests for underlying audit documents and specific customer bank records tied to Al Qaeda were denied due to an insufficient prima facie showing of conspiracy.

Discovery DisputeJurisdictional DiscoveryPersonal JurisdictionForeign Sovereign Immunities ActFSIAMinimum ContactsConspiracy TheorySeptember 11 AttacksNational Commercial BankSaudi Arabian Banks
References
16
Case No. 21 MC 101, 04 Civ. 7272(AKH)
Regular Panel Decision
Mar 09, 2007

In Re September 11 Property Damage

This opinion addresses the legal sufficiency of third-party actions filed by Seven World Trade Company, L.P. and Silverstein Properties, Inc. (Silverstein), owners and developers of 7 World Trade Center, seeking indemnification and contribution. Silverstein, who was both a plaintiff and defendant in various lawsuits following the September 11, 2001, destruction of 7WTC, brought claims against OEM Design and Construction Defendants, Citigroup Design and Construction Defendants, and engineers Irwin Cantor and Syska. The court granted motions to dismiss from all third-party defendants. It found OEM defendants immune under the New York State Defense Emergency Act, Citigroup defendants protected by Silverstein's prior assumption of risk, and Irwin Cantor and Syska dismissed for failure to meet heightened pleading standards for licensed design professionals.

September 11 AttacksWorld Trade CenterProperty DamageBusiness LossThird-Party LitigationIndemnificationContributionMotions to DismissSDEA ImmunityAssumption of Risk
References
24
Case No. 2023 NY Slip Op 06763 [222 AD3d 1013]
Regular Panel Decision
Dec 27, 2023

Rodriguez v. 27-11 49th Ave. Realty, LLC

The plaintiff, Tomas Rodriguez, appealed an order from the Supreme Court, Kings County, which granted summary judgment to defendant Mana Products, Inc., dismissing the complaint against it. Rodriguez had sued 27-11 49th Avenue Realty, LLC, and Mana after a slip and fall in a factory. The defendants argued that the complaint against Mana was barred by the exclusivity provisions of the Workers' Compensation Law, claiming Rodriguez was Mana's special employee. The Appellate Division affirmed the lower court's decision, finding that the defendants established a prima facie case for summary judgment based on Rodriguez's deposition testimony, indicating Mana controlled his work details, thus establishing a special employment relationship as a matter of law.

Special Employee DoctrineWorkers' Compensation ExclusivitySummary Judgment GrantPersonal Injury ClaimAppellate Division Second DepartmentControl over WorkEmployer LiabilityPlaintiff's AppealDefendant's MotionSlip and Fall Accident
References
5
Case No. 2023 NY Slip Op 03384 [217 AD3d 1210]
Regular Panel Decision
Jun 22, 2023

Attreed v. Five Star Elec. Corp.

Claimant Kenneth Attreed sustained knee injuries at work, leading to a claim for workers' compensation benefits. Initially, a WCLJ granted him temporary total and partial disability awards. Later, the Workers' Compensation Board modified this decision, ruling that Attreed voluntarily removed himself from the labor market and was not entitled to indemnity benefits from September 28, 2021. Attreed appealed, arguing the Board erred in its finding and the effective date. The Appellate Division, Third Department, affirmed the finding of voluntary withdrawal but held that the proper date for the finding of no labor market attachment was October 25, 2021, the date of testimony, not September 27, 2021, when the issue was raised. Consequently, the court reversed the Board's decision regarding benefits from September 28, 2021, to October 26, 2021, and remitted the matter for further proceedings concerning benefits subsequent to Attreed's October 20, 2021 surgery.

Workers' CompensationLabor Market AttachmentDisability BenefitsVoluntary WithdrawalIndemnity BenefitsTemporary Partial DisabilityTemporary Total DisabilityAppellate ReviewBoard DecisionCOVID-19 Pandemic
References
6
Case No. 03 Civ. 0332(AKH)
Regular Panel Decision
Oct 29, 2004

In Re September 11th Liability Insurance Coverage Cases

This opinion and order addresses two Rule 12(c) motions regarding insurance coverage for the World Trade Center properties following the September 11, 2001, attacks. The Port Authority of New York and New Jersey sought a declaration that it is an "Additional Insured" under Zurich American Insurance Company's policies, while World Trade Center Properties LLC (WTCP) sought a declaration that Zurich is obligated to cover defense costs. The court, presided over by District Judge Hellerstein, denied both motions. It found ambiguity in the binder regarding the Port Authority's "Additional Insured" status, stating that the issue was premature without further discovery. Furthermore, the court held that New York Insurance Regulation 107 does not require rewriting Zurich's binder and policies to include defense costs, considering the unique circumstances, the sophistication of the insured, and the fact that Zurich explicitly excluded defense costs, which Silverstein (WTCP's affiliate) accepted after failing to secure conventional coverage. The court also affirmed supplemental jurisdiction over the insurance claims due to their close relation to the underlying September 11th liability cases.

Insurance CoverageSeptember 11 AttacksWorld Trade CenterRule 12(c) MotionDeclaratory ReliefAdditional Insured StatusDefense CostsInsurance BinderNew York Insurance LawRegulation 107
References
48
Case No. MISSING
Regular Panel Decision
Jul 02, 2012

Next Phase Distribution, Inc. v. John Does 1-27

Plaintiff Next Phase Distribution, Inc. filed a motion seeking leave for early discovery to identify John Doe defendants who allegedly infringed copyright by downloading their pornographic film via BitTorrent. The Court initially ordered Next Phase to show cause why John Does 2-27 should not be severed. After reviewing Next Phase's response and considering a district-wide split in similar cases, the Court sua sponte exercised its discretion to sever and dismiss without prejudice all claims against John Does 2-27 due to potential for differing defenses, risk of false positives, and the sensitive nature of the subject matter. The Court then granted Next Phase’s Motion for Discovery solely for John Doe 1 and issued a protective order to maintain confidentiality, citing the need for information to identify John Doe 1 and the routine deletion of ISP logs.

Copyright InfringementBitTorrentPeer-to-peer networkJohn Doe defendantsExpedited discoverySeverance of claimsFederal Rules of Civil Procedure Rule 20(a)Federal Rules of Civil Procedure Rule 20(b)Federal Rules of Civil Procedure Rule 21Federal Rules of Civil Procedure Rule 42(b)
References
24
Case No. MISSING
Regular Panel Decision

Howe v. Howe

This case addresses significant issues related to the equitable distribution of a marital estate in a matrimonial action. The plaintiff's New York City Fire Department disability pension and his September 11th Victim Compensation Fund award are at the core of the dispute. The court determined that the separate property interest in the plaintiff's disability pension can be calculated by the pension administrator, even without extensive trial evidence, and modified the judgment to reflect this. Additionally, the court affirmed that the economic loss component of the September 11th Victim Compensation Fund award is considered 'compensation for personal injuries' under Domestic Relations Law § 236 (B) (1) (d) (2), classifying it as the plaintiff's separate property based on legislative intent. The matter was remitted to the Supreme Court for entry of an appropriate qualified domestic relations order.

Equitable DistributionMarital PropertySeparate PropertyDisability PensionPersonal Injury CompensationSeptember 11th Victim Compensation FundDomestic Relations LawNew YorkMatrimonial LawPension Distribution
References
31
Case No. MISSING
Regular Panel Decision

Cook v. Water Tunnel Contractors

A motion was filed seeking to compel the Workers’ Compensation Board to accept two notices of appeal, dated July 10, 1978, and September 22, 1978. The court partially granted the motion, directing the Workers’ Compensation Board to accept the notice of appeal dated July 10, 1978. However, the motion was denied with respect to the notice of appeal dated September 22, 1978. The decision was rendered without costs to either party. Justices Mahoney, Greenblott, Main, Mikoll, and Herlihy concurred with the ruling.

Motion PracticeAppellate ProcedureWorkers' CompensationJudicial ReviewAdministrative DecisionCourt OrderPartial GrantNotice of AppealLegal CostsConcurring Opinion
References
2
Case No. ADJ2308352 (SBR 0341903) ADJ3554086 (SBR 0323156)
Regular
Nov 21, 2016

STEPHEN WEBBER vs. L. J. SNOW FORD, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) dismissed Stephen Webber's petition for reconsideration because it was untimely filed. California law requires such petitions to be received by the WCAB within 25 days of the administrative law judge's decision, with extensions for weekends or holidays. In this case, the petition was filed on September 27, 2016, one day after the jurisdictional deadline of September 26, 2016. As the deadline is jurisdictional, the WCAB lacked authority to consider the untimely petition.

Petition for Reconsiderationuntimely filingjurisdictional time limitWCABadministrative law judgeLabor CodeCalifornia Code of Regulationsproof of mailingproof of receiptSeptember 1
References
4
Case No. MISSING
Regular Panel Decision

American Atheists, Inc. v. Port Authority

Plaintiffs (American Atheists, Dennis Horvitz, Kenneth Bronstein, and Jane Everhart) sued the Port Authority of New York and New Jersey and the National September 11 Memorial and Museum at the World Trade Center Memorial Foundation, Inc. The Plaintiffs alleged violations of the Establishment Clause, Equal Protection Clause, and state constitutions, challenging the display of a steel cross artifact in the National September 11 Museum. The Defendants filed motions for summary judgment. The court found that the Foundation's actions were attributable to the state. However, applying the Lemon test, the court determined that displaying the cross had a secular purpose, did not endorse religion, and did not create excessive entanglement. The court also rejected the Equal Protection and state law claims, concluding that no intentional discrimination was shown and that the state law claims failed for various reasons, including non-applicability to the bi-state agency or failure to comply with notice requirements. Therefore, the Defendants' motions for summary judgment were granted.

First AmendmentEstablishment ClauseEqual Protection ClauseSummary JudgmentState ActionReligious SymbolSeptember 11 MemorialMuseum ExhibitGovernment FundingConstitutional Law
References
80
Showing 1-10 of 1,015 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational