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

Case No. MISSING
Regular Panel Decision

Alleyne v. Time Moving & Storage Inc.

Plaintiffs Marcel Alleyne and Earl Legrande filed a class action lawsuit against Time Moving & Storage, Inc. and The Time Record Storage Company, LLC, alleging failure to pay overtime wages in violation of federal FLSA and New York Labor Law. Defendants invoked the motor carrier exemption as a defense. The parties reached a class settlement agreement for the state law claims, which was provisionally certified. Following objections from some class members regarding the fairness of the settlement, class certification, and attorney's fees, the Court, presided over by Judge Vitaliano, granted final class certification and approved the settlement. The Court found the settlement fair and reasonable given the risks of litigation, denied the objectors' motion to intervene, and approved attorney's fees of $60,000.

Class ActionOvertime WagesFair Labor Standards ActNew York Labor LawMotor Carrier ExemptionWage and Hour ClaimsClass SettlementSettlement ApprovalAttorney's FeesRule 23 Certification
References
41
Case No. MISSING
Regular Panel Decision

Fox News Network, L.L.C. v. Time Warner Inc.

This case arises from a dispute between Time Warner and Fox concerning Time Warner's decision not to carry Fox News on its New York City cable channels. Fox initially sued Time Warner, prompting Time Warner to file counterclaims alleging that Fox conspired with New York City officials to unlawfully coerce Time Warner into carrying Fox News. Time Warner's counterclaims assert violations of its First Amendment and Due Process rights under 42 U.S.C. § 1983, and tortious interference with contractual relations. Fox moved to dismiss these counterclaims, arguing that its actions were protected by the Noerr-Pennington doctrine, which generally shields lobbying activities. The court denied Fox's motion, concluding that Time Warner had adequately alleged a conspiracy and that the Noerr-Pennington doctrine might not apply if Fox's conduct was found to be illegal or corrupt, thus allowing the counterclaims to proceed.

First Amendment RightsDue ProcessSection 1983Noerr-Pennington DoctrineCable ActAntitrustLobbyingFreedom of SpeechConspiracyMotion to Dismiss
References
17
Case No. Claim No. 300000720; ECF Doc. # 7818
Regular Panel Decision

In re MF Global Inc.

This case involves an objection by the SIPA Trustee of MF Global Inc. (MFGI) to a putative class claim filed by former employees for damages under the WARN Act and for unpaid accrued vacation time. The Court previously dismissed the WARN Act claims in related adversary proceedings (Thielmann I and II). The class claimants conceded their WARN Act claims were barred, leading the Court to sustain the Trustee's objection to those claims. However, the Court overruled the Trustee's objection to the claim for unpaid accrued vacation time, finding that the putative class claim satisfied the requirements for class certification under Federal Rule of Civil Procedure 23. The Court emphasized that allowing the vacation pay claim to proceed as a class action would result in the most expeditious administration of the MFGI estate, especially since the Trustee had conceded liability for vacation pay. The MFGI Class Claimants were directed to file a motion for class certification as soon as practicable.

BankruptcyClass ActionWARN ActVacation Pay ClaimsClass CertificationRule 23Claims ObjectionSIPA LiquidationEmployee BenefitsBar Date
References
27
Case No. MISSING
Regular Panel Decision
Feb 02, 1979

New York Times Co. v. Newspaper & Mail Deliverers' Union

The New York Times Company (Times) and the Newspaper and Mail Deliverers’ Union of New York and Vicinity (NMDU) are embroiled in a dispute over staffing levels at the Times' Carlstadt, New Jersey facility. The Times initiated reduced manning for daily paper production, which the NMDU deemed a breach of their collective bargaining agreement, leading to a sustained work stoppage. Following an interim arbitration award that the NMDU rejected, the Times sought a preliminary injunction in court. The District Court, presided over by Judge Sweet, determined that the manning dispute is subject to the arbitration provisions of the collective bargaining agreement. Consequently, the court directed the NMDU to cease its work stoppage and proceed to arbitration, while also scheduling an evidentiary hearing to assess the criteria for issuing a preliminary injunction against the union.

Collective BargainingArbitrationWork StoppagePreliminary InjunctionLabor DisputeManning DisputeFederal PolicyNorris-LaGuardia ActCollective Bargaining AgreementJudicial Review
References
5
Case No. MISSING
Regular Panel Decision
May 07, 2003

Rypkema v. Time Manufacturing Co.

Rose Rypkema and Ted Rypkema sued Time Manufacturing Company for product liability after Rose Rypkema suffered injuries using a "Versalift" boom lift, alleging design defect and breach of warranty. Time moved for summary judgment, seeking to exclude the Rypkemas' expert, Nicholas Bellizzi, whose testimony lacked scientific methodology and testing for proposed alternative designs. District Judge Sweet, applying Daubert and Kumho Tire standards, excluded Bellizzi's testimony. Consequently, with no expert evidence to support the product liability claim, the court granted Time's motion to dismiss the complaint and Savvy Systems, Ltd.'s cross-motion to dismiss the third-party complaint, concluding there was insufficient evidence for product liability.

Product LiabilityExpert TestimonyDaubert StandardKumho Tire StandardSummary JudgmentDesign DefectFailure to WarnEngineering MethodologyAerial LiftLatch Failure
References
26
Case No. ADJ3395089 (STK 0177203) ADJ2229380 (STK 0196966)
Regular
Apr 20, 2009

ROBERT MILLER vs. CAROL-CARTER DESIGN & CONSTRUCTION, STATE COMPENSATION INSURANCE FUND

The Appeals Board initially proposed sanctions against attorney Michael Linn, Esq., mistakenly listing the service date for his objection period. Despite Mr. Linn filing objections on March 4th and April 6th/9th, which were not technically untimely based on the actual service dates, the Board granted him further opportunities to respond. Ultimately, the Board extended the deadline to May 20, 2009, for Mr. Linn to file any additional objections to the proposed $\$ 500.00$ monetary sanction, citing potential service discrepancies and aiming to avoid any appearance of prejudice.

Workers' Compensation Appeals Boardmonetary sanctionsnotice of intentiondue processservice date discrepancyobjection to sanctionsadditional timeCalifornia Code of Regulationsfurlough directivesstate holidays
References
2
Case No. MISSING
Regular Panel Decision

New York Times Co. v. Newspaper & Mail Deliverers' Union of New York & Vicinity

The New York Times Company initiated a contempt action against the Newspaper and Mail Deliverers’ Union of New York and Vicinity (NMDU) and three union officials (Douglas LaChance, Lawrence May, Monte Rosenberg). The action stemmed from the defendants' alleged violation of a June 4, 1980 consent order, which mandated compliance with "status quo" rulings by an Impartial Chairman in collective bargaining disputes. On September 17, 1980, NMDU members engaged in a work stoppage following an employee's suspension, despite an Impartial Chairman's ruling that the suspension did not alter the status quo and ordering a return to work. The court found NMDU and Lawrence May guilty of contempt, ordering them to pay $229,718 in compensatory damages to the Times. However, the court denied the application for contempt against Douglas LaChance and Monte Rosenberg, and also denied the Times' request for a prospective fine.

Labor DisputeContempt of CourtNo-Strike ClauseArbitrationCollective Bargaining AgreementWork StoppageDamagesUnion LiabilityWildcat StrikeStatus Quo Ruling
References
11
Case No. MISSING
Regular Panel Decision

Perez v. Time Moving & Storage

Plaintiff Leonor Dátil Perez, acting pro se, sued Time Moving & Storage for $3.9 million in property damage to her newspaper collection, allegedly due to the defendant's negligence. A key dispute arose regarding the presence of Joseph Candella, a principal of Time Moving, during the deposition of the defendant's employees. The motion court initially barred Candella from the depositions, citing plaintiff's claims of intimidation. However, the Appellate Division reversed this order, ruling that the plaintiff's assertions did not meet the 'unusual circumstances' standard required to exclude a party from a deposition under CPLR 3103(a). The court emphasized a party's right to be present per CPLR 3113(c) and Candella's role in assisting counsel and trial strategy.

DepositionsWitness ExclusionCorporate RepresentationPro Se LitigantCivil ProcedureAppellate ReviewCPLR 3113CPLR 3103IntimidationDiscovery Dispute
References
12
Case No. MISSING
Regular Panel Decision

Horn v. New York Times

The New York Court of Appeals addresses whether the narrow exception to the at-will employment doctrine, established in Wieder v Skala, applies to a physician employed by a nonmedical entity like the New York Times. Dr. Sheila E. Horn, formerly Associate Medical Director, alleged wrongful termination for refusing to disclose confidential employee medical records without consent and for not misinforming employees about workers' compensation eligibility, citing professional ethical standards. While lower courts extended the Wieder exception, which applied to lawyers in a common professional enterprise, the Court of Appeals reversed. The court concluded that Horn's role involved corporate management responsibilities related to workers' compensation and did not constitute the 'very core' of her employment in the same way as a lawyer's professional services to a law firm's clients. Therefore, the ethical rules cited did not impose a mutual obligation between Horn and the Times to practice law in compliance with specific professional codes, as required for the Wieder exception.

At-will employmentBreach of contractPhysician-patient privilegeProfessional ethicsCorporate employmentRetaliatory dischargeWieder v Skala exceptionEmployment lawConfidentialityMedical director
References
11
Case No. ADJ6860509
Regular
Aug 16, 2012

JESUS HERNANDEZ vs. PLS FINANCIAL SERVICES, CHARTIS

This case concerns a lien claimant, Syndicated Diagnostic Imaging, whose lien was dismissed by the WCJ for failing to appear at a lien conference and not filing a timely objection to a notice of intent to dismiss. The lien claimant argued its representative appeared, and it filed a timely objection, but the Board found the objection was filed late and lacked proof of service or filing. The Board affirmed the dismissal because the lien claimant failed to demonstrate good cause for its absence or timely object to the dismissal notice.

Lien claimantSyndicated Diagnostic ImagingPetition for ReconsiderationOrder DenyingWCJlien conferencenotice of intention to dismissgood causeobjectionhearing representative
References
0
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