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

Case No. Motion sequence Nos. 002 and 005
Regular Panel Decision

UMG Recordings, Inc. v. Escape Media Group, Inc.

UMG Recordings, Inc. sued Escape Media Group, Inc. for common-law copyright infringement and unfair competition. Escape asserted DMCA safe harbor and CDA preemption defenses, along with Donnelly Act and tortious interference counterclaims. The court denied UMG's motion to dismiss the DMCA safe harbor defense, ruling it applies to pre-1972 recordings. However, the court granted UMG's motion to dismiss the CDA preemption defense, clarifying that the CDA's intellectual property exemption covers both federal and state laws. Additionally, Escape's Donnelly Act counterclaim was dismissed, but UMG's motions to dismiss the tortious interference counterclaims were denied, rejecting defenses like the Noerr-Pennington doctrine and economic interest.

Copyright InfringementDMCA Safe HarborPre-1972 RecordingsUnfair CompetitionCommunications Decency ActTortious InterferenceDonnelly ActNew York Common LawInternet Service ProvidersAntitrust
References
34
Case No. MISSING
Regular Panel Decision

Kurz v. St. Francis Hospital

The defendants moved to preclude plaintiffs' expert testimony on causation or, alternatively, for a pretrial hearing regarding the plaintiff's vision loss. The plaintiff developed visual disturbances shortly after receiving Amiodarone intravenously following cardiac bypass surgery in 2008. Defendants argued a lack of scientific evidence linking short-term Amiodarone use to optic neuropathy, while the plaintiff's expert contended that rapid drug absorption could cause optic disc edema, a known side effect. Furthermore, the plaintiff highlighted medical records where defendant physicians themselves initially attributed the vision loss to the medication. The court, applying the Frye standard, determined that general causation—Amiodarone causing vision loss—is an established medical theory. It further ruled that the specific causation tests from Parker and Cornell, typically applied to toxic tort cases, were not strictly applicable here due to the distinct nature of medical malpractice. Consequently, the court denied the defendants' motion, finding an adequate foundation for the admissibility of the plaintiff's expert testimony, with any disputes regarding specific timing affecting only the weight of the evidence, not its admissibility.

Medical MalpracticeExpert TestimonyCausationAmiodaroneOptic NeuropathyVision LossMotion in LimineFrye StandardParker StandardCornell Standard
References
9
Case No. ADJ8075448
Regular
Oct 10, 2017

ALEX ROBLES vs. SOUTHERN CALIFORNIA GAS COMPANY, UTILITY WORKERS UNION OF AMERICA, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board (WCAB) granted reconsideration of a trial judge's award in favor of applicant Alex Robles against Southern California Gas Company (SCGC). SCGC sought reconsideration, asserting that crucial testimony was omitted from the trial record. The WCAB ordered transcription of all trial testimony to ensure a full and fair adjudication of SCGC's petition. This action was necessary to allow the Board further study of the factual and legal issues involved.

Petition for ReconsiderationFindings and AwardAOE/COEGoing and Coming RuleMinutes of HearingSummary of EvidenceTrial TestimonyWCAB Rule 10740Transcript TranscriptionElectronic Adjudication Management System
References
2
Case No. MISSING
Regular Panel Decision
May 04, 1995

Hodges v. Keane

Plaintiff Richard Hodges, an inmate, sued Sing Sing correctional personnel under 42 U.S.C. § 1983, alleging harassment and retaliation. Defendants sought to introduce Hodges' extensive past mental health records and expert testimony from Dr. Richard Ciccone to impeach his credibility, claiming he suffered from conditions affecting his perception. The court found these records and testimony too remote in time from the events and potential trial, noting Hodges' last psychiatric symptoms were in 1982 while the alleged events started in 1987. Furthermore, the records were deemed unfairly prejudicial, voluminous, contradictory, and likely to confuse the jury. Consequently, the plaintiff's motion to exclude this evidence was conditionally granted, though the court reserved the right to reconsider based on plaintiff's trial conduct.

Evidentiary RulesExpert Testimony AdmissibilityMental Health RecordsCredibility ImpeachmentFederal Rules of Evidence 403Rule 35(a) ExaminationCivil Rights LitigationPrisoner LitigationMotion In LimineUnfair Prejudice
References
17
Case No. MISSING
Regular Panel Decision
Dec 01, 1978

Boney v. Gouverneur Talc Co.

The appellants, an employer and its insurance carrier, appealed a Workers’ Compensation Board decision, contending that the record lacked sufficient evidence to establish a definitive causal link between the decedent’s lung cancer (carcinomatosis) and his harmful mineral exposure, which admittedly caused pneumoconiosis. The Board had found, based on Mr. Kitts' testimony, that talcosis samples contained 2%-60% asbestos and, supported by Dr. Miller's testimony, that pneumoconiosis predisposes to lung cancer, and Dr. Maxon's testimony, that a definite relationship exists between asbestosis and lung cancer. Consequently, the Board concluded that the decedent's death from occupational talcosis was causally related to his compensable condition. The appellate court found that the record contained substantial evidence supporting the award of death benefits and therefore affirmed the Board's decision, with costs awarded against the employer and its insurance carrier.

Lung CancerPneumoconiosisAsbestosisOccupational DiseaseDeath BenefitsCausal RelationshipMedical TestimonyWorkers' Compensation AppealMineral ExposureTalcosis
References
1
Case No. MISSING
Regular Panel Decision

People v. McHugh

The defendant, Michael McHugh, is on trial for manslaughter and reckless driving. The District Attorney sought to introduce testimony from registered nurses and a certified social worker concerning admissions made by McHugh in his Montefiore Hospital records. McHugh moved to prohibit this testimony, citing doctor-nurse (CPLR 4504) and social worker (CPLR 4508) privileges. The District Attorney argued that McHugh waived the privilege or that the statements were not privileged. The court first ruled that McHugh's limited use of hospital records during a CPL 710.30 suppression hearing, solely to demonstrate medical condition relevant to the voluntariness of statements, did not constitute a complete waiver of privilege. Subsequently, the court concluded that the statements to the nurses and social worker were made in a professional capacity, necessary for treatment, and intended to be confidential, thus establishing the existence of the privilege. Therefore, the defendant's claim of privilege was granted, and the testimony was prohibited.

Doctor-Patient PrivilegeSocial Worker PrivilegeWaiver of PrivilegeEvidentiary RulingSuppression HearingConfidential CommunicationsMedical Records AdmissibilityCriminal ProcedureCPLR 4504CPLR 4508
References
11
Case No. MISSING
Regular Panel Decision

People v. Graham

Defendant was convicted of rape in the first degree and sodomy in the first degree, stemming from incidents at the Albany County Airport on March 8, 1984. The complainant alleged that after meeting the defendant for a drug transaction, he raped and sodomized her at knifepoint in his car, with his brother-in-law present. She initially provided false details to police to conceal her intent to purchase drugs but later corrected her statement, which was corroborated by the brother-in-law who received immunity. The defendant denied any involvement, claiming only a casual acquaintance. On appeal, the defendant challenged the trial court's refusal to provide the complainant's psychiatric history, alleged insufficient corroboration for the accomplice's testimony, claimed denial of exculpatory material, cited juror misconduct, and argued against the admission of certain witness testimony. The appellate court affirmed the conviction, finding no abuse of discretion regarding the psychiatric records, sufficient corroboration, that any exculpatory evidence would not have altered the verdict, and that the trial court correctly denied a mistrial. Additionally, the court found the admission of certain testimony to be harmless error and upheld the consecutive sentences of 12.5 to 25 years given the heinous nature of the crimes and the defendant's extensive criminal record.

Rape First DegreeSodomy First DegreeAlbany County Airport IncidentWitness CredibilityPsychiatric HistoryAccomplice TestimonyCorroboration CPL 60.22Brady ViolationExculpatory MaterialJuror Misconduct
References
5
Case No. MISSING
Regular Panel Decision

Nelson v. Biderman

The petitioner moved for a warrant under CPLR 2308(b) to commit the respondent to jail for refusing to be sworn as a witness and produce requested books and records in a pending arbitration proceeding. The respondent had previously unsuccessfully moved to set aside the arbitrator's subpoenas, and the petitioner's cross-motion to compel compliance was granted. An appeal by the respondent for a stay was denied by the Appellate Division. The respondent persisted in his refusal before the arbitrator, leading to the current motion. The respondent argued, for the first time, that only the 'issuer' of the subpoena, the arbitrator, could move for relief under CPLR 2308(b), collaterally attacking the prior order. The court rejected this argument, interpreting 'issuer' to include the party on whose application the subpoena was issued in a non-judicial proceeding, and found it impractical to limit the remedy to the official. The motion was granted.

ArbitrationSubpoena enforcementCPLR 2308(b)CPLR 2302(a)Contempt of courtWitness refusalDocument productionCollateral attackJudicial interpretationMotion to compel
References
0
Case No. MISSING
Regular Panel Decision

New York State Police v. Charles Q.

A State Trooper, acquitted of criminal charges, had his criminal records sealed. His employer, the State Police (petitioner), subsequently sought to unseal these records for use in a disciplinary proceeding. The County Court initially granted the application to unseal. On appeal, the court reversed the County Court's order, ruling that the State Police, when conducting a disciplinary proceeding against one of its employees, is not acting as a 'law enforcement agency' under CPL 160.50 (1) (d) (ii) and thus has no statutory right to access sealed records. Furthermore, the court found that the petitioner failed to meet the 'compelling demonstration' required for exercising the court's inherent power to unseal records, as it did not demonstrate that other investigative avenues had been exhausted or were unavailable. Consequently, the application to unseal the records was denied.

Sealed recordsCriminal Procedure Law 160.50Disciplinary proceedingState TrooperPublic employerLaw enforcement agencyInherent court powerUnsealing recordsAppellate reviewAdministrative determination
References
6
Case No. MISSING
Regular Panel Decision

Mister Vee Productions, Inc. v. LeBlanc

This case involves a dispute over copyright infringement and breach of contract. Three corporations—Mister Vee, Delightful, and Vigor—sued individuals known as The Rhythm Makers, Paul Service, and corporations Arista Records, G.Q. Publishing, and Arista Music. Delightful alleged copyright infringement for the song 'Soul On Your Side.' Mister Vee and Vigor claimed The Rhythm Makers breached an exclusive agreement by recording other songs with Arista. The court addressed defendants' motion to dismiss non-copyright claims due to lack of pendent jurisdiction. The court ultimately declined jurisdiction and dismissed the state law claims, finding they did not share a 'common nucleus of operative fact' with the federal copyright claim.

Copyright InfringementBreach of ContractPendent JurisdictionFederal CourtState Law ClaimsMusic Industry DisputeExclusive Recording AgreementMotion to DismissJudicial EconomyCommon Nucleus of Operative Fact
References
12
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