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

Case No. 06-CV-2225(JFB)(AKT)
Regular Panel Decision
Jan 26, 2010

Fragrancenet.com, Inc. v. Fragrancex.com, Inc.

Plaintiff FragranceNet.com, Inc. sued defendant FragranceX.com, Inc. alleging extensive copyright and trademark infringement, along with related state law violations. FragranceNet claimed FragranceX copied over 900 copyrighted product images from its website and improperly used FragranceNet's "FRAGRANCENET" and "FRAGRANCENET.COM" trademarks in website metatags and Google AdWords, diverting consumer traffic. FragranceX moved to dismiss the complaint, asserting that the images lacked copyright originality and that FragranceNet did not possess enforceable trademark rights due to issues of ownership transfer and champerty. The Court denied the defendant's motion to dismiss, ruling that FragranceNet had stated plausible claims for both copyright and trademark infringement. The decision emphasized that determinations regarding the originality of copyrighted images and the validity of trademark assignments were factual issues unsuitable for resolution at the motion to dismiss stage.

Copyright InfringementTrademark InfringementTrademark DilutionUnfair CompetitionMisappropriationOnline RetailE-commerceDigital ImagesMetatagsGoogle AdWords
References
62
Case No. MISSING
Regular Panel Decision

Taylor v. United States

Plaintiffs George A. Taylor and Sally Taylor brought an action against the United States under the Federal Torts Claims Act (FTCA) for personal injuries Mr. Taylor sustained on February 4, 1994. Mr. Taylor slipped on icy snow while entering the Cicero-Clay Post Office in Cicero, New York. The case was tried without a jury, commencing on November 16, 1998, in Syracuse, New York. Plaintiffs alleged negligence, claiming the defendant failed to maintain safe premises, but the defendant denied negligence and lack of notice. Applying New York state law, the court required proof that the defendant had actual or constructive notice of the dangerous icy conditions. The court found that the plaintiffs failed to present sufficient evidence to establish that the defendant had either actual or constructive notice of the sidewalk's dangerous condition prior to the incident, as no complaints were made before Taylor's slip. Consequently, the court dismissed the complaint, concluding that the plaintiffs did not establish negligence on the part of the defendant.

Federal Tort Claims ActFTCANegligenceSlip and FallIcy ConditionsPost OfficePremises LiabilityActual NoticeConstructive NoticeFederal Court
References
8
Case No. 06-CV-2225(JFB)(AKT)
Regular Panel Decision
Jan 14, 2010

Fragrancenet. Com, Inc. v. Fragrancex. Com, Inc.

Plaintiff FragranceNet.com, Inc. sued defendant FragranceX.com, Inc. alleging copyright and trademark infringement, trademark dilution, and other state law violations. FragranceNet claimed FragranceX copied over 900 copyrighted product images and misused its trademarks in metatags and Google's AdWords program to divert consumers. Defendant moved to dismiss the complaint, arguing that FragranceNet's images lacked copyrightable originality and that FragranceNet did not have enforceable trademark rights. The Court denied the motion, ruling that FragranceNet's claims were plausible, citing the presumption of originality from copyright registration and the validity of trademark assignments allowing for past infringement claims. The Court also determined that the defendant's champerty defense presented factual issues inappropriate for a motion to dismiss.

Copyright InfringementTrademark InfringementTrademark DilutionUnfair CompetitionMisappropriationUnjust EnrichmentMotion to DismissOriginality of CopyrightDerivative WorksLanham Act
References
73
Case No. 03-cv-4134
Regular Panel Decision

Infantolino v. Joint Industry Board of the Electrical Industry

Anthony Infantolino sued the Joint Industry Board of the Electrical Industry (JIB) and Thomas Bush, alleging unlawful retaliation under the Americans with Disabilities Act (ADA) and New York State/City laws. JIB moved for summary judgment, arguing procedural defects and substantive failures, including that it was not Infantolino's employer. The court found JIB to be a 'joint labor-management committee' and thus a 'covered entity' under the ADA, refuting the employer argument. The court denied summary judgment regarding the retaliation claims, finding genuine issues of fact as to whether JIB's stated reasons for its actions were pretexts for impermissible retaliation. However, the motion for summary judgment was granted in part, denying punitive and compensatory damages for the ADA retaliation claim and punitive damages for the New York State Human Rights Law claim, but allowing punitive damages for the New York City Human Rights Law claim.

ADA RetaliationDisability DiscriminationSummary JudgmentBurden-Shifting FrameworkCausal ConnectionPretextPunitive DamagesCompensatory DamagesNew York City Human Rights LawNew York State Human Rights Law
References
36
Case No. MISSING
Regular Panel Decision
Dec 08, 1994

United States v. Taylor

Matthew Taylor, a co-founder of United Brooklyn (UB), was convicted of attempted extortion and extortion under the Hobbs Act at two construction sites where Flintlock Construction Company was the principal contractor. Taylor moved for a judgment of acquittal, arguing insufficient evidence linked him directly to extorting "money for a Coordinator and employment for members of United Brooklyn" as charged in Counts Twenty-Two and Twenty-Four. He also sought a new trial citing recanted testimony from a key witness, Andrew Weiss. The court denied both motions, concluding that the evidence, including Taylor's role as the de facto head of UB and his active involvement in its extortionate schemes, sufficiently supported the conviction under an aiding and abetting theory. The court found that the alleged recantation was not material and did not undermine the verdict, given the compelling evidence of Taylor's guilt in a "long and persistent scheme" of extortion.

Hobbs ActExtortionAttempted ExtortionConspiracyAiding and AbettingConstruction IndustryRacketeeringOrganized CrimeMotion for AcquittalMotion for New Trial
References
15
Case No. 11 CV 1471
Regular Panel Decision

Martinez v. Bakery & Confectionery Union & Industry International Pension Fund

The case involves multiple plaintiffs, participants in the Bakery and Confectionery Union and Industry International Pension Fund Pension Plan, who challenged an amendment to the plan. This amendment eliminated the ability for participants no longer in covered employment to "age into" certain early retirement benefits (Plan C and Plan G). Plaintiffs alleged this violated Section 204(g) of ERISA, the anti-cutback rule, which protects accrued benefits. The Court, applying the standard for judgment on the pleadings, found that the Plan C and Plan G benefits are early retirement or retirement-type subsidies and thus accrued benefits under ERISA. Relying on statutory text and precedent like *Ahng v. Allsteel, Inc.*, the Court ruled that the amendment impermissibly cut back accrued benefits for those employees who had met the years of service requirement and could continue to age into their pension benefits even after separation from employment. Consequently, the Court granted the plaintiffs' motions for judgment on the pleadings and denied the defendants' motions.

ERISAPension PlanRetirement BenefitsAnti-cutback RuleEmployee BenefitsJudgment on the PleadingsDefined Benefit PlanEarly RetirementAccrued BenefitsPlan Amendment
References
24
Case No. MISSING
Regular Panel Decision

Mordkofsky v. V.C.V. Development Corp.

Plaintiff Norman J. Mordkofsky, a contract-vendee, sustained injuries when a deck at his custom-built home construction site collapsed. He sued defendant V.C.V. Development Corp., alleging negligence and violations of Labor Law §§ 200 and 241. While the Supreme Court dismissed the Labor Law claim, the Appellate Division reinstated it, broadening the protection of these statutes to anyone lawfully frequenting a construction site. However, the higher court reversed the Appellate Division's decision, clarifying that Labor Law §§ 200 and 241 are primarily intended to protect employees and workers, not contract-vendees or the general public. The court concluded that Mordkofsky did not fall within the protected class as he was neither an employee nor hired to work at the site.

Labor Law §§ 200 and 241Construction Site InjuryContract-VendeeEmployee ProtectionStatutory InterpretationScope of Labor LawAppellate ReviewSafe Place to WorkWorkers' RightsPersonal Injury
References
14
Case No. CV-24-1494
Regular Panel Decision
Jan 15, 2026

Matter of Beeline.Com, Inc. v. State of N.Y. Tax Appeals Trib.

Petitioner, Beeline.Com, Inc., a Florida company, initiated a CPLR article 78 proceeding to challenge a determination by the New York Tax Appeals Tribunal. The Tribunal upheld a sales tax assessment imposed by the Department of Taxation and Finance on Beeline.Com's vendor management system (VMS), deeming it a sale of licenses to use prewritten computer software under Tax Law article 28. Beeline.Com argued it primarily provided nontaxable services and its software was customized, not prewritten. The Appellate Division, Third Department, confirmed the Tribunal's determination, finding that the VMS license constituted a sale of tangible personal property, was prewritten software despite minor reconfigurations, and was the core element of Beeline.Com's transactions, not incidental to services.

Sales TaxComputer Software LicensePrewritten SoftwareTax Appeals TribunalCPLR Article 78Vendor Management System (VMS)Tangible Personal PropertyTrue Object TestPrimary Function TestTax Law Article 28
References
15
Case No. MISSING
Regular Panel Decision

Capital Newspapers Division—The Hearst Corp. v. Hartnett

This CPLR Article 78 proceeding involved a petitioner challenging a determination by the Industrial Board of Appeals, which found the petitioner guilty of violating Labor Law § 162 (4) concerning meal periods for night shift pressmen. The petitioner unilaterally advanced the meal period window, prompting a complaint from the Pressmen's Union. The Industrial Board of Appeals upheld the violation, rejecting the petitioner's argument that the statutory requirement could be waived. Citing precedent from Matter of American Broadcasting Cos. v Roberts, this court found that the Board erred in concluding that the statute's purpose precluded any waiver or modification of meal period terms. Consequently, the court annulled the determination and remitted the matter to the Industrial Board of Appeals to determine if a valid waiver, freely and knowingly made, had occurred.

Labor LawMeal PeriodCollective Bargaining AgreementWaiver of Statutory RightsAdministrative ReviewIndustrial Board of AppealsCPLR Article 78Judicial ReviewEmployer-Employee RelationsPressmen's Union
References
9
Case No. MISSING
Regular Panel Decision

Salomon v. Adderley Industries, Inc.

Plaintiffs Geordany J. Salomon, Donielle Lewis, Dwight Edghill, and Shanroy Powell sought to amend their complaint against Adderley Industries, Inc. to include American Communications Industries, Inc. and several individuals (Lawrence Presser, Joseph Misseri, Vincent Cestaro) as additional defendants. They also requested to add a new claim under New York Labor Law Section 195. Judge Paul A. Crotty of the Southern District of New York reviewed the motion, applying Federal Rules of Civil Procedure 15(a) and 16(b). The court granted the motion to add the new corporate and individual defendants, finding that the plaintiffs were diligent in seeking the amendment after new information emerged during discovery and that the proposed claims of employer status were plausible under the FLSA and NYLL. However, the request to add the NYLL § 195 claim was denied because the plaintiffs failed to demonstrate sufficient good cause for its late inclusion.

Amendment of PleadingsJoinder of PartiesEmployer LiabilityFair Labor Standards ActNew York Labor LawWage and Hour ClaimsDiscoveryGood Cause StandardUndue DelayFutility of Amendment
References
36
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