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

Case No. 02 MDL 1499, No. 153, 03 Civ. 4524, No. 83
Regular Panel Decision

In Re South African Apartheid Litigation

This opinion addresses two class actions brought by South Africans against multinational corporations under the Alien Tort Claims Act (ATCA), alleging aiding and abetting torts related to the apartheid system. Specifically, the Court considered Fujitsu Limited's motion to dismiss claims against it. Plaintiffs contended that Fujitsu's subsidiary, International Computers Limited (ICL), supplied computer systems used by the apartheid-era South African government to enforce racial pass laws. The Court found that while ICL had a relationship with the South African government that predated its deep relationship with Fujitsu, the plaintiffs failed to present plausible allegations of a principal-agent relationship between Fujitsu and ICL during the relevant period of ICL's alleged unlawful activities (1981-1986). The decision to grant Fujitsu's motion to dismiss was based on the lack of sufficient evidence demonstrating Fujitsu's direct control over ICL's specific business activities concerning South Africa's pass laws, distinguishing it from other cases where vicarious liability was established.

Alien Tort Claims ActApartheid LitigationCorporate LiabilityVicarious LiabilityMotion to DismissAgency RelationshipSouth AfricaInternational LawHuman RightsFujitsu
References
27
Case No. MISSING
Regular Panel Decision

People v. Novie

This case concerns the constitutionality of the Village of Montebello's Tree Preservation and Landscape Maintenance Law, under which a defendant was charged for removing trees without a permit. The defendant challenged the law on multiple constitutional grounds including ultra vires, uncompensated taking, due process violations, First Amendment infringement, and equal protection. The Justice Court initially granted the defendant's motion to dismiss the charges. On appeal, the court reversed this decision, upholding the constitutionality of the Tree Law. The court found the law served legitimate governmental purposes, its fees were reasonable, and the defendant's taking and due process claims were not ripe due to failure to exhaust administrative remedies. The First Amendment and equal protection challenges were also rejected.

Tree Preservation LawConstitutional LawFifth AmendmentFourteenth AmendmentDue ProcessTakings ClauseEqual ProtectionFirst AmendmentLocal OrdinancesZoning Law
References
46
Case No. ADJ9152745
Regular
May 22, 2015

SHONN CONN vs. SOUTH COAST LANDSCAPE MAINTENANCE, INC.; FIRSTCOMP, A Division of MARKEL SERVICES, INC., dba MARKEL INSURANCE SERVICES

The Workers' Compensation Appeals Board (WCAB) vacated its prior order granting reconsideration of a December 2014 Findings of Fact and Award. This action was taken after the defendant notified the WCAB that the parties had agreed to resolve the applicant's case via Compromise and Release. The defendant's Petition for Reconsideration is now dismissed so the case can return to the trial level for WCJ approval of the settlement.

WORKERS' COMPENSATION APPEALS BOARDReconsiderationFindings of Fact and AwardCompromise and ReleasePetition for ReconsiderationWCJDistrict OfficeVACATEDDISMISSEDMarkel Insurance Company
References
0
Case No. ADJ7993724
Regular
Sep 23, 2013

MIGUEL YAGUAS vs. INLAND LANDSCAPE MAINTENANCE, INC.; FIRSTCOMP INSURANCE AGENCY for ENDURANCE INSURANCE

In this workers' compensation case, the defendant, Inland Landscape Maintenance, Inc., sought to remove the assigned administrative law judge (ALJ). The defendant argued that the ALJ's refusal to dismiss seven liens due to non-payment of a $150 filing fee prejudiced their case. However, the Workers' Compensation Appeals Board (WCAB) denied the petition for removal. The WCAB found the petition failed to meet the legal requirements for disqualification and adopted the ALJ's report. The ALJ concluded that dismissing "invalid" liens, as defined by statute for failure to pay the fee, was unnecessary as they could be refiled correctly.

Petition for RemovalWCABdisqualificationCalifornia Code of RegulationsLabor Code Section 4903.05(c)lien filing feeinvalid lienEAMSlien conferenceAdministrative Law Judge
References
0
Case No. 2015 NY Slip Op 09409 [134 AD3d 998]
Regular Panel Decision
Dec 23, 2015

North Coast Outfitters, Ltd. v. Darling

North Coast Outfitters, Ltd. appealed an order from the Supreme Court, Suffolk County, which granted summary judgment to Charles W. Darling III, Charlies Horse, Inc., and Rivers End, LLC. North Coast sought damages for breach of fiduciary duty and a declaration that Darling, a majority shareholder, was no longer a shareholder due to his failure to contribute to a 2003 "capital call." The Supreme Court had dismissed North Coast's claim as time-barred and declared Darling remained a shareholder. The Appellate Division reversed the lower court's decision, finding a triable issue of fact regarding the applicability of equitable estoppel and whether Darling failed to meet the capital call requirements of the shareholders' agreement. Consequently, the defendants' motion for summary judgment was denied.

Shareholder disputeBreach of fiduciary dutyCapital callCorporate governanceSummary judgmentStatute of limitations defenseEquitable estoppelAppellate reversalShareholder agreementCorporate shares
References
7
Case No. MISSING
Regular Panel Decision

Blouse Workers' Union, Local 23-25 v. South Ocean Sportswear, Inc.

The Union moved to confirm an arbitration award directing South Ocean Sportswear, Inc. to pay $4,175 to Shiu Lun Lee for lost wages due to an unjustified discharge. Initially, an arbitrator sustained Lee's discharge, but later determined that severe translation inaccuracies during the first hearing resulted in a substantial failure of due process, rendering the prior award a nullity. A second hearing was conducted, leading to an award in Lee's favor. South Ocean moved to vacate this second award, arguing the arbitrator lacked power to reopen a final award and to impose damages for the post-first-hearing period. The court, however, found that the arbitrator acted within the broad powers granted by the collective bargaining agreement, including determining arbitrability and procedural matters, and that the arbitrator's findings of fact and conclusions of law were not subject to judicial review. Consequently, the court confirmed the arbitration award and denied South Ocean's application to vacate it.

ArbitrationDue Process ViolationCollective Bargaining AgreementArbitration Award ConfirmationArbitrator AuthorityReopening Arbitration AwardProcedural Due ProcessTranslation ErrorEmployee DischargeLost Wages
References
4
Case No. MISSING
Regular Panel Decision

Organized Maintenance, Inc. v. Brock (In Re Organized Maintenance, Inc.)

Organized Maintenance, Inc. (OMI), a Chapter 11 debtor, initially secured a Bankruptcy Court order in April 1985 that stayed the U.S. Department of Labor from pursuing debarment proceedings against OMI under the Service Contract Act, related to pre-bankruptcy wage and fringe benefit violations. The Bankruptcy Court's order also nullified a prior debarment decision and denied the defendants' motion to dismiss. The defendants, including the Secretary of Labor, appealed this decision to the District Court. During the appeal, OMI expressed its desire to withdraw the adversary proceeding and consented to the continuation of debarment processes. Consequently, the District Court vacated the Bankruptcy Court's order as moot, dismissed the adversary proceeding, and permitted the defendants to resume debarment proceedings against OMI, with each party bearing its own costs.

BankruptcyService Contract ActDebarmentWage ViolationsMootnessAdversary ProceedingFederal Government ContractsChapter 11Federal Rules of Civil ProcedureAppellate Review
References
2
Case No. MISSING
Regular Panel Decision

Wider v. Heritage Maintenance, Inc.

Plaintiff Todd Wider brought an action against his insurer, Paramount Insurance Company, and Heritage Maintenance, Inc., for property damage caused by Heritage's negligent cleaning work. Paramount disclaimed coverage, prompting Wider to sue for breach of policy. Paramount moved for summary judgment, asserting policy exclusions for rain damage and faulty workmanship/maintenance. The court partially granted Paramount's motion, finding the faulty workmanship exclusion applied to damage from August 2004 but not the September 2004 incident, as the rain limitation was inapplicable due to Heritage's role in tarp placement.

Insurance PolicyProperty DamageSummary JudgmentFaulty WorkmanshipFaulty MaintenanceRain ExclusionCommercial PolicyCoverage DisputeProximate CauseContract Interpretation
References
23
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Union-Endicott Central School District & Union-Endicott Maintenance Workers' Ass'n ex rel. Kolmel

Petitioner Peters appealed a Supreme Court order denying a stay of arbitration between Peters and the Union-Endicott Maintenance Workers’ Association, and George Kolmel. Kolmel, a maintenance worker, had resigned but was subsequently terminated after allegations of a sex offense. The Union filed a grievance asserting a violation of the collective bargaining agreement regarding retirement health benefits, arguing Kolmel met the eligibility requirements despite his termination. The Supreme Court compelled arbitration, a decision affirmed by the appellate court. The court ruled that arbitration of postemployment health benefits is permissible, not against public policy, and falls within the broad arbitration clause of the CBA, regardless of the employee's termination for misconduct.

Arbitration DisputeCollective Bargaining AgreementRetirement Health BenefitsEmployee DismissalMisconduct AllegationsPublic Policy ProhibitionArbitrabilityPostemployment BenefitsAppellate AffirmationLabor Law
References
14
Case No. 2014 NYSlipOp 06570 [121 AD3d 661]
Regular Panel Decision
Oct 01, 2014

Renaissance Equity Holdings, LLC v. Al-An Elevator Maintenance Corp.

This case involves a dispute between Renaissance Equity Holdings, LLC (plaintiff) and Al-An Elevator Maintenance Corporation (defendant) concerning a 10-year elevator maintenance contract. The defendant ceased services, alleging unsafe premises. The plaintiff subsequently sued for breach of contract and fraud. The Supreme Court partially dismissed the plaintiff's claims, specifically regarding consequential damages for breach of contract and the entire fraud cause of action. The Appellate Division, Second Department, affirmed the Supreme Court's order, concluding that the breach of contract claim was adequately pleaded, the limitation on liability for consequential damages was enforceable, and the fraud claim was properly dismissed as it was not collateral to the contract.

Breach of ContractFraudElevator Maintenance AgreementConsequential DamagesMotion to DismissCPLR 3211Condition PrecedentLimitation on LiabilityAppellate Review
References
21
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