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Case Law Database

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

Case No. 2018 NY Slip Op 02766 [160 AD3d 921]
Regular Panel Decision
Apr 25, 2018

Clarke v. First Student, Inc.

Ibia M. Clarke, an employee of First Student Management, LLC (FSM), sustained personal injuries due to a defective condition at FSM's premises. She subsequently filed a negligence action against First Student, Inc., the premises owner. The defendant sought summary judgment, arguing it was an alter ego of FSM, making workers' compensation her exclusive remedy under the Workers' Compensation Law. The Supreme Court, Nassau County, initially denied the defendant's motion. On appeal, the Appellate Division, Second Department, reversed the Supreme Court's order, finding that the defendant successfully demonstrated, prima facie, that it was an alter ego of the plaintiff's employer, FSM. Consequently, the defendant's motion for summary judgment dismissing the amended complaint was granted.

Personal InjuryNegligenceSummary JudgmentWorkers' Compensation LawExclusive RemedyAlter Ego DoctrineEmployer LiabilityPremises LiabilityAppellate ReviewCorporate Structure
References
9
Case No. MISSING
Regular Panel Decision

Conklin v. Saugerties Central School District

Plaintiff initiated a lawsuit against a school district for negligent supervision after his daughter, Cheyanne Conklin, was assaulted by a fellow student, Cassidy Edwards. The assault occurred despite plaintiff's prior warning to school administrators about a potential fight, prompted by comments discovered on MySpace. School staff intervened, meeting separately with both students and conducting a mediation where intentions to fight were denied. However, shortly after, Edwards attacked Conklin in a school hallway. The Supreme Court initially denied the school district's motion for summary judgment, but the appellate court reversed this decision. The appellate court concluded that the school district could not have reasonably foreseen the attack given the students' assurances and Edwards's disciplinary history, thereby granting summary judgment to the defendant and dismissing the complaint.

Negligent SupervisionSchool LiabilityStudent AssaultSummary JudgmentAppellate DecisionForeseeabilityDuty to SuperviseProximate CauseMySpace MonitoringSocial Worker Intervention
References
11
Case No. MISSING
Regular Panel Decision
Mar 03, 2005

Hunt v. State

The claimant, arrested for grand larceny in 1998, was unable to post bail and was sexually assaulted by another inmate while in the Manhattan Detention Center. Despite a court directive for protective custody on September 18, 1998, state court officers failed to properly record this order on the securing order. Consequently, the claimant was returned to general population and assaulted again on September 21. The Court of Claims initially dismissed the claimant's action for damages against the State. However, the appellate court reversed this decision, finding that the court officers' failure to record the protective custody order was a breach of a ministerial duty, thereby establishing state liability. The case has been remanded for a trial to determine the damages for the September 21 assault.

Inmate AssaultProtective CustodyMinisterial NegligenceState LiabilityCourt Officer DutySecuring OrderDamages RemandAppellate ReversalCorrectional Facility NegligencePrisoner Safety
References
7
Case No. Dkt. No. 1
Regular Panel Decision

Oklahoma Firefighters Pension & Retirement System v. Student Loan Corp.

Lead plaintiffs Oklahoma Firefighters Pension and Retirement System and Elk-horn Partners LP brought a putative class action against Student Loan Corporation, its officers, Citigroup, Citibank, Citi Holdings, and Discover Financial Services. Plaintiffs alleged that Student Loan Corp. violated GAAP by failing to maintain adequate reserves for student loan losses and materially misrepresented its loan portfolios and risk exposure in violation of the Securities Exchange Act of 1934 and SEC Rule 10b-5. Defendants moved to dismiss the complaint for failure to state a claim. The Court granted the defendants' motion, concluding that the plaintiffs failed to adequately plead actionable misrepresentations or omissions, scienter, and loss causation. The Court also noted that the named plaintiffs lacked standing due to a prior settlement order in a related Delaware action.

Securities FraudClass ActionMotion to DismissGAAP ViolationsLoan Loss ReservesFinancial DisclosuresPrivate Securities Litigation Reform ActScienterLoss CausationCorporate Governance
References
56
Case No. ADJ6718488
Regular
Apr 08, 2020

PATRICK SAUCEDA vs. FRESNO UNIFIED SCHOOL DISTRICT

This case concerns a special education teacher injured by a student's assault. The Workers' Compensation Appeals Board affirmed a finding of serious and willful misconduct against the school district for failing to notify the teacher of the student's documented violent tendencies. The majority found the district knew of the danger, the probable consequences of serious injury, and deliberately failed to act, violating both Labor Code and Education Code provisions. A dissenting opinion argued the student's privacy and educational rights should have been prioritized, questioning the school's ability to act based on mere speculation.

Serious and Willful MisconductSpecial Education TeacherStudent AssaultViolent TendenciesDuty to WarnEducation Code § 49079Labor Code § 4553Intentional ActReckless DisregardCorrective Action
References
5
Case No. MISSING
Regular Panel Decision
Jan 07, 1998

People v. Hiraldo

The defendant, a 16-year-old student, struck a 66-year-old school aide during an altercation in a school locker room. The victim, who had pre-existing heart conditions, chased the defendant and subsequently collapsed, dying 17 hours later from cardiac arrest. The Grand Jury indicted the defendant for reckless manslaughter and two counts of attempted assault. The court found insufficient evidence to prove the defendant was aware of the victim's heart condition or intended to cause serious physical injury. Consequently, the charges for manslaughter in the second degree and attempted assault in the second degree were dismissed, while the motion to dismiss attempted assault in the third degree was denied.

Reckless ManslaughterCriminally Negligent HomicideAttempted AssaultCausationForeseeabilityPre-existing Medical ConditionGrand Jury ProceedingsIndictmentMotion to DismissSufficiency of Evidence
References
4
Case No. MISSING
Regular Panel Decision

Logan Bus Co. v. Discover Property & Casualty Insurance

The plaintiff, Logan Bus Company, Inc., initiated a declaratory judgment action against Discover Property & Casualty Insurance Company to establish Discover's obligation to defend and indemnify Logan in an underlying lawsuit. The underlying action involved a sexual assault perpetrated by a student on another student on a bus owned by Logan, allegedly due to inadequate supervision. Logan appealed two orders from the Supreme Court, Queens County: one denying its motion for summary judgment for coverage and another granting Discover's motion to declare no obligation and dismiss the complaint. The appellate court affirmed both lower court orders, concluding that the "abuse or molestation" endorsement in Logan's insurance policy with Discover explicitly limited coverage to acts committed by "employees" or "volunteer workers." Since the alleged incident was perpetrated by a student, Logan failed to demonstrate a prima facie entitlement to coverage, leading to the affirmation of Discover's non-obligation to defend or indemnify.

Declaratory JudgmentInsurance Policy InterpretationCoverage DisputeAbuse or Molestation EndorsementDuty to DefendDuty to IndemnifySummary JudgmentAppellate ReviewAutomobile InsuranceStudent Assault
References
11
Case No. MISSING
Regular Panel Decision
Mar 03, 1998

Lebovits v. Chase Manhattan Bank (In Re Lebovits)

Daniel Lebovits, a Chapter 7 debtor, filed an adversary proceeding to discharge his student loan debt, arguing it imposed an "undue hardship." The U.S. Bankruptcy Court for the Eastern District of New York, Judge Dorothy Eisenberg, found that repayment of the $49,040.12 debt would indeed cause undue hardship for Lebovits and his seven dependents. The court applied the three-prong Brunner test, determining that Lebovits could not maintain a minimal standard of living, his financial difficulties would persist, and he had made good faith efforts to repay. Consequently, the court granted the discharge of the student loans.

Student Loan DischargeUndue HardshipBankruptcy Chapter 7Brunner TestDebtor's DependentsFinancial HardshipMinimal Standard of LivingGood Faith RepaymentReligious FreedomFamily Expenses
References
19
Case No. MISSING
Regular Panel Decision

In re Handicapped Child

The Orchard Park Central School District (District) sought a court-ordered subpoena for psychiatric and psychological records of an infant student from the Western New York Children’s Psychiatric Center. The District intended to use these records in an appeal initiated by the student's parents concerning the child's handicapping condition. The parents cross-moved to quash the subpoena, asserting the records were privileged and their consent for release had been withdrawn. Justice Thomas P. Flaherty ruled that no legislative exception existed to abrogate the physician-patient and psychologist-client privileges in this context, especially over parental objection. Consequently, the court denied the District's motion for the subpoena and granted the parents' cross-motion to quash, underscoring the protection of confidential communications in a child's best interests.

Education LawStudent RecordsPsychiatric RecordsPsychological RecordsPrivilegeSubpoena Duces TecumMotion to QuashParental RightsCommittee on HandicappedFair Hearing
References
17
Case No. MISSING
Regular Panel Decision

Bene v. Educational Credit Management Corp. (In re Bene)

Ms. Bene, a 64-year-old assembly line worker facing imminent job loss, sought to discharge her $56,000 student loan debt after making minimal payments over 25 years. The court analyzed her case under the 'undue hardship' test established in In re Brunner, considering how economic terms and the William D. Ford Program's debt forgiveness options have evolved since 1987. Despite earlier life choices, such as prioritizing parental care over completing her education, the court concluded that Ms. Bene met both the Brunner test and a 'totality of circumstances' test, citing her age, lack of professional qualifications, austere lifestyle, and absence of future financial prospects. Consequently, the court ordered the discharge of her student loan debt.

Student LoansUndue HardshipBrunner TestWilliam D. Ford ProgramBankruptcy DischargeFinancial DistressElderly DebtorCaregivingEmployment PrecarityEconomic Circumstances
References
13
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