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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

Twenty First Century L.P.I v. LaBianca

This case involves Twenty First Century L.P.I and Twenty First Century L.P.II, owners of McDonald's franchises, suing several defendants for fraud, breach of fiduciary duty, aiding and abetting, and RICO violations. The defendants, including former employees Michael Malpiedi and Richard Redzinski, engaged in a scheme to embezzle millions by submitting inflated invoices for construction work and receiving kickbacks. The court granted partial summary judgment, finding all listed defendants liable for common law fraud and aiding and abetting breach of fiduciary duty. Malpiedi and Redzinski were also found liable for breach of fiduciary duty. Additionally, Malpiedi, Redzinski, Stephen Delli Bovi, and Delli Bovi Construction Corporation were held liable for civil RICO damages. However, the plaintiff's motion for summary judgment regarding Angelo Vignola's and D & D Electric's RICO liability was denied, leaving that issue for trial.

FraudEmbezzlementKickbacksRICOBreach of Fiduciary DutySummary JudgmentCollateral EstoppelMail FraudWire FraudInterstate Commerce
References
24
Case No. 79 Civ. 5379
Regular Panel Decision
Jul 15, 1980

Ninth Fed. Sav. & L. v. First Fed. Sav. & L.

This action arises from an agreement between Ninth Federal Savings and Loan Association of New York City and First Federal Savings and Loan Association of Gadsden County for the purchase of treasury securities. Ninth Federal alleged that First Federal's Controller, Henry Burnett, did not intend to honor the agreement if market conditions were unfavorable, stating a claim under the Securities and Exchange Act. The court addresses First Federal's challenge to personal jurisdiction over pendent state law breach of contract claims and Burnett's motion to transfer the case. The court affirms its jurisdiction over the state claims based on pendent jurisdiction and grants the motion to transfer the case to the United States District Court for the Northern District of Florida for convenience.

Securities FraudBreach of ContractPendent JurisdictionPersonal JurisdictionMotion to TransferForum Non ConveniensExtraterritorial ServiceSecurities Exchange ActRule 10b-5Long Arm Statute
References
16
Case No. ADJ837893
Regular
Jun 04, 2009

GEORGE ALBERT JUAREZ vs. BAJA ROOFING, FIRST AMERICAN STAFFING, INTERTRIBAL STRATEGIC VENTURES EMPLOYEES OCCUPATIONAL INJURY AND INDEMNITY, FIRST INTERCARE, UNINSURED EMPLOYERS FUND

This case involves a worker injured while employed by First American Staffing (First), a tribal entity, and allegedly also by Baja Roofing (Baja) as a special employer. The Tribal Appeals Court has already asserted jurisdiction over First, and the WCAB acknowledges it lacks jurisdiction over tribal entities like First due to sovereign immunity. The WCAB rescinded the prior findings and returned the case to the trial level, requiring the applicant to first pursue remedies against First in tribal court before the WCAB will consider Baja's liability. This is to determine if First secured adequate workers' compensation coverage as per their contract with Baja, which would then potentially absolve Baja of responsibility.

Workers' Compensation Appeals BoardTribal sovereign immunityGeneral and special employmentJoint and several liabilityRes judicataCollateral estoppelThird-party administratorEmployee leasing companiesTribal Appeals CourtInsured status
References
1
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. ADJ7325988, ADJ7329616, ADJ8801451
Regular
Aug 20, 2014

PAMELA MNYANDU vs. LOS ANGELES UNIFIED SCHOOL DISTRICT

This case involves a workers' compensation applicant who filed a Petition for Disqualification against Administrative Law Judge Diane Bancroft, alleging bias and ex parte communication. This is the applicant's second such petition; the first was dismissed as untimely. The current petition is also dismissed because it was filed after the swearing of the first witness. Even if the merits were considered, the petition would be denied based on the record. The applicant's request to file a supplemental petition is also denied.

Petition for DisqualificationWCJBiasRacistBigotedEx Parte Pre-PlanUntimely PetitionWCAB Rule 10452Labor Code Section 5311Automatic Reassignment
References
0
Case No. ADJ7030286, ADJ7222855
Regular
Jan 09, 2012

DEBORAH STANFIELD HALL vs. OAKLAND HOUSING AUTHORITY, ATHENS ADMINISTRATORS

The applicant attempted to disqualify the judge after a trial where witnesses testified, claiming the judge was disrespectful and showed favoritism. The Workers' Compensation Appeals Board (WCAB) dismissed the petition, finding it untimely because it was filed after the swearing of the first witness. Additionally, the petition lacked the required affidavit supporting the disqualification grounds and did not specify any grounds under Code of Civil Procedure section 641. Therefore, the WCAB found the petition procedurally deficient and dismissed it.

Petition for DisqualificationLabor Code section 5311WCJ RadosPetition for ReconsiderationWCAB Rule 10452affidavit or declarationpenalty of perjuryswearing of the first witnessindustrial injuriescustomer service clerk
References
0
Case No. MISSING
Regular Panel Decision
Aug 07, 2007

Drake v. Woods

Paris Drake petitioned for a writ of habeas corpus, challenging his New York state conviction for Assault in the First Degree and Criminal Possession of a Weapon in the Third Degree. Drake argued that the trial court violated his due process right to a fair trial and his Sixth Amendment right of confrontation by refusing to recall a witness (Carl Fortner) and by not inspecting a witness's (Witness A) psychiatric records or allowing cross-examination on her mental health. The court first addressed procedural default, finding that state appellate courts did not clearly rely on procedural bars. On the merits, the court denied both grounds for relief, concluding that the trial court's evidentiary rulings were not erroneous and did not deprive Drake of a fundamentally fair trial or his confrontation rights, as the jury had sufficient information to assess witness credibility.

Habeas CorpusSixth AmendmentDue ProcessConfrontation ClauseEyewitness IdentificationPsychiatric RecordsCross-ExaminationProcedural DefaultEvidentiary RulingsAssault First Degree
References
105
Case No. 708648/15
Regular Panel Decision
Jan 14, 2026

Rojas v. 616 First Ave., LLC

Plaintiff Victor Rojas was injured after falling nine feet on a construction project when a piece of wood shifted, despite wearing a self-retracting lifeline that extended too far. Rojas and his wife sued 616 First Avenue, LLC (owner) and JDS Construction Group, LLC (general contractor) under Labor Law §§ 240(1) and 241(6). The Supreme Court granted Rojas's motion for summary judgment on liability and denied the defendants' cross-motion to dismiss. The Appellate Division affirmed both orders, finding Rojas established prima facie entitlement to judgment due to inadequate safety equipment and a violation of 12 NYCRR 23-1.16(b), which mandates fall distance not exceeding five feet. The court also upheld JDS's designation as a general contractor based on its contractual duties.

Labor LawWorkplace SafetyConstruction AccidentSummary JudgmentAppellate ReviewFall from HeightSafety DevicesGeneral Contractor LiabilityOwner LiabilityIndustrial Code Violation
References
13
Case No. MISSING
Regular Panel Decision
Jan 22, 1987

People v. Figueroa

The defendant appealed a judgment from the County Court, Orange County, convicting him of rape in the first degree and sodomy in the first degree. The defendant argued that the evidence was legally insufficient due to inconsistencies in the nine-year-old victim's testimony and that the verdict was against the weight of the evidence. The appellate court found the victim's sworn testimony provided a rational basis for the jury's conclusion, and the evidence was legally sufficient. The court addressed the victim's delayed reporting, minor inconsistencies in her testimony, and conflicting medical expert opinions, ultimately affirming the judgment.

Rape First DegreeSodomy First DegreeSufficiency of EvidenceWeight of EvidenceChild Victim TestimonyCredibility of WitnessCorroboration of TestimonyDelayed ReportingExpert Medical TestimonySexual Abuse Evidence
References
28
Case No. MISSING
Regular Panel Decision

FSI Group v. First Federal Savings & Loan Ass'n

Plaintiff FSI, a New York limited partnership, filed a complaint against defendant First Federal Savings and Loan Association, based in South Dakota, alleging repudiation and breach of a standby agreement to purchase Government National Mortgage Association (GNMA) securities. The defendant moved to dismiss the complaint for lack of personal jurisdiction and improper venue. The court, presided over by Judge Motley, denied the defendant's motion, finding that personal jurisdiction was established under New York CPLR § 301 and § 302(a)(1) due to the defendant's purposeful business transactions within New York through agents. Furthermore, the court determined that venue was proper in the Southern District of New York, considering the limited partnership's principal place of business as its residence for venue purposes, distinct from its individual partners.

Personal JurisdictionImproper VenueLimited PartnershipBreach of ContractStandby AgreementGNMA SecuritiesMinimum ContactsDue ProcessAgent ActivityPurposeful Availment
References
11
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