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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

Lang v. FIRST AMERICAN TITLE INS. CO. OF NEW YORK

Plaintiffs Cliff and Betsy Lang filed a putative class action against First American Title Insurance Company of New York, alleging violations of the Real Estate Settlement Procedures Act (RESPA) and New York General Business Law § 349. The plaintiffs claimed they were overcharged for title insurance during a mortgage refinancing, as they did not receive a discounted rate they believed they were entitled to under state law. Defendant moved to dismiss the RESPA claim, arguing that RESPA § 8(b) does not provide a private right of action for 'overcharges'. The court granted the motion to dismiss the RESPA claim, finding that RESPA § 8(b) prohibits fees for unperformed services or splits, not simply excessive charges. Consequently, the court declined to exercise supplemental jurisdiction over the remaining state law claims, dismissing them without prejudice.

RESPATitle InsuranceMortgage RefinancingOvercharge ClaimsMotion to DismissFederal CourtState LawSupplemental JurisdictionStatutory InterpretationPleading Standards
References
31
Case No. ADJ460672 (SFO 0499592), ADJ224818 (SFO 0499593)
Regular
Jul 11, 2012

HAMID KHAZAELI vs. SPEDIA.COM, INC., and SYSMASTER CORP., GREAT AMERICAN INSURANCE CO

Applicant Hamid Khazaeli has been declared a vexatious litigant under CCR Title 8, Section 10782, requiring pre-filing approval for any filings with the Workers' Compensation Appeals Board (WCAB) unless represented by an attorney. His "Petition for Reconsideration, Removal, Disqualification, and to Compel Testimony" filed on June 29, 2012, was reviewed. The WCAB did not accept this petition for filing, deeming it largely duplicative of prior dismissed and rejected filings. This decision reinforces the applicant's status as a vexatious litigant subject to strict pre-filing review protocols.

Vexatious LitigantPre-filing OrderCCR Title 8 Section 10782Petition for ReconsiderationRemovalDisqualificationCompel TestimonyJudicial OfficersQuasi-Judicial OfficersAppeals Board
References
2
Case No. ADJ7249250
Regular
Jun 23, 2011

GUADALUPE MEDINA vs. CLOUGHERTY PACKING dba FARMERS JOHN

The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration to allow them to file a supplemental pleading. This supplemental filing is permitted under California Code of Regulations, Title 8, Section 10848. The defendant must file this pleading within 10 days. The Board granted reconsideration specifically to review the facts and law relevant to the supplemental petition.

Workers' Compensation Appeals BoardPetition for ReconsiderationSupplemental PetitionCalifornia Code of Regulations Title 8 Section 10848WCJPermissibly Self-InsuredClougherty PackingFarmers JohnGuadalupe MedinaJames Scherer
References
0
Case No. MISSING
Regular Panel Decision

Moll v. US Life Title Insurance Co. of New York

The case involves plaintiffs Moll, Elser, McGuire, and Harlow suing US Life Title Insurance Company of New York, asserting claims under RESPA, RICO, and state laws. Plaintiffs alleged misrepresentation, failure to disclose kickbacks to attorneys, and aiding and abetting fraud related to title insurance premiums. The court found plaintiffs failed to adequately allege mail fraud or commercial bribery as predicate acts for RICO claims, citing insufficient evidence of misrepresentation, a duty to disclose, substantial assistance in fraud, or economic harm due to non-negotiable premiums. Consequently, the defendant's motion to dismiss the Consolidated Complaint was granted, leave to replead was denied, and pendent state law claims were dismissed for lack of federal jurisdiction.

RICO ActRESPA ActMail FraudCommercial BriberyFraud AllegationsMotion to DismissPendent State ClaimsRule 12(b)(6)Rule 9(b)Title Insurance
References
33
Case No. MISSING
Regular Panel Decision
May 09, 2003

C.S.E.A. v. County of Dutchess

This case concerns a CPLR article 78 proceeding initiated to challenge a determination by the County of Dutchess dated September 23, 2002, which reclassified job title duties for Social Welfare Worker II employees. The petitioners also sought to enjoin the County from mandating these employees to perform out-of-title work. The Supreme Court, Dutchess County, presided over by Justice Pagones, granted the petition. On appeal, the judgment of the Supreme Court was affirmed. The reviewing court found the County's reclassification determination to be arbitrary and capricious, as it lacked a rational basis, was not based on a proper investigation, violated the rules of the Classified Service of Dutchess County, Personnel Policy Manual Rule XXII, and improperly attempted to validate previously imposed out-of-title work.

Job ReclassificationOut-of-Title WorkCPLR Article 78Administrative DeterminationArbitrary and CapriciousPersonnel PolicyJudicial ReviewGovernment EmployeesEmployment LawPublic Sector
References
6
Case No. 2019 NY Slip Op 02617
Regular Panel Decision
Apr 04, 2019

Matter of Schaffer, Schonholz & Drossman, LLP v. Title

The Appellate Division, First Department, addressed a dispute over cash proceeds from the demutualization of Medical Liability Mutual Insurance Company (MLMIC). Petitioner, Schaffer, Schonholz & Drossman, LLP, purchased the professional liability insurance policy and paid all associated premiums. Respondent, Rachel S. Title, M.D., was the named insured but did not contribute to the policy costs. The Court declared that the petitioner is entitled to the cash proceeds, including accrued interest, and directed the Clerk of Supreme Court, New York County, to enter judgment accordingly. The decision affirmed that awarding the proceeds to the respondent would constitute unjust enrichment, as she did not pay for the policy or bargain for the demutualization benefits.

Demutualization proceedsProfessional liability insuranceUnjust enrichmentInsurance policyPremium paymentsAppellate DivisionCivil ProcedureContract Law
References
2
Case No. MISSING
Regular Panel Decision

Marino v. Perna

Claimant Marino sued defendant Perna for breach of warranty of title after purchasing a stolen automobile, which led to his son's arrest and the car's seizure. Perna had bought the car from third-party defendant Marshal Locascio at a traffic auction. The court found that Locascio, as a Marshal, was exempt from implied warranty of title under UCC 2-312, and the action against him was also barred by a one-year Statute of Limitations. However, the court ruled in favor of Marino against Perna for breach of warranty of title, awarding $1,200 for the car's value, but denying consequential damages for legal fees due to lack of foreseeability on Perna's part.

breach of warrantywarranty of titlestolen vehicleUniform Commercial CodeStatute of LimitationsMarshal salepublic auctionconsequential damagesautomobile saleimplied warranty
References
14
Case No. MISSING
Regular Panel Decision

Fitzgerald v. Alleghany Corp.

Plaintiff Robert Fitzgerald sued his employer, Chicago Title Insurance Co., alleging disability discrimination under New York law after he was discharged. Fitzgerald claimed his termination, occurring during a company consolidation and layoffs, was due to the employer learning he was seeing a psychiatrist for depression. Chicago Title moved for summary judgment, arguing the alleged disability was not protected and Fitzgerald failed to present evidence of discriminatory animus. The court reviewed Fitzgerald's performance and the communication of his psychiatric care to company personnel, finding no direct link to the termination decision-makers. The court granted summary judgment to Chicago Title, concluding that Fitzgerald failed to raise a triable issue of fact regarding discriminatory motivation under either pretext or mixed-motive analysis.

Disability DiscriminationWrongful TerminationSummary JudgmentNew York Human Rights LawPretext DiscriminationMixed Motive AnalysisMental ImpairmentDepressionEmployer LiabilityEmployment Law
References
24
Case No. MISSING
Regular Panel Decision

Brynien v. Governor's Office of Employee Relations

This case is an appeal of a Supreme Court judgment that dismissed petitioner’s applications to review denials of out-of-title work grievances. The petitioner, representing five state employees at the Office of Mental Health (OMH), alleged that employees were improperly assigned duties of a Treatment Team Leader, a higher-grade position, violating their collective bargaining agreement and Civil Service Law § 61 (2). OMH and the Governor’s Office of Employee Relations (GOER) denied the grievances, finding the duties appropriate to the employees' titles. The Appellate Division affirmed the Supreme Court's decision, holding that GOER's determination was rational. The court found that the assigned duties were a reasonable extension of the employees' in-title duties and that the employees did not meet the minimum requirements for the higher-grade Treatment Team Leader position.

Out-of-title workGrievanceCivil Service LawCollective Bargaining AgreementEmployee ClassificationJob DutiesSupervisory DutiesRational Basis ReviewAdministrative LawJudicial Review
References
5
Case No. MISSING
Regular Panel Decision

City of Canandaigua v. Communications Workers of America

This case concerns an appeal from an order that stayed arbitration. The court determined that the dispute's arbitration does not violate public policy and falls within the scope of the parties' arbitration agreement. This agreement mandates arbitration for any dispute regarding the 'meaning or application of a provision of this Agreement.' Key substantive questions, such as whether the collective bargaining agreement prohibits out-of-title work and who determines if a task is out-of-title, are issues for the arbitrator to decide. Consequently, the initial stay of arbitration was deemed improper, leading to the unanimous reversal of the order and the granting of the respondent’s cross motion.

ArbitrationPublic PolicyCollective Bargaining AgreementOut-of-title WorkArbitrator's JurisdictionScope of AgreementStay of ArbitrationAppellate ReviewMonroe County
References
5
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