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

Case No. 13-ev-3288; 13-cv-4244
Regular Panel Decision

Alzheimer's Disease Resource Center, Inc. v. Alzheimer's Disease & Related Disorders Ass'n

This case involves two related lawsuits stemming from the disaffiliation of the Alzheimer’s Disease Resource Center, Inc. (ADRC) from the Alzheimer’s Disease and Related Disorders Association (the Association). In case 13-ev-3288, ADRC alleged unfair competition, false advertising, and other claims. The Court denied dismissal for false advertising under the Lanham Act, New York General Business Law § 349, and unjust enrichment, but granted dismissal for trademark infringement, common law unfair competition, UCC violations, conversion, tortious interference, and fraud. In case 13-cv-4244, ADRC alleged breach of contract and misappropriation of trade secrets related to donor lists. The Court granted the Association's motion to dismiss this complaint in its entirety. Punitive damages were stricken for Lanham Act and unjust enrichment claims.

Unfair CompetitionLanham ActFalse AdvertisingTrademark InfringementNew York General Business Law § 349Unjust EnrichmentMotion to DismissBreach of ContractTrade Secret MisappropriationConversion
References
55
Case No. MISSING
Regular Panel Decision

Bakery Confectionery Tobacco Workers & Grain Millers International Union, Local 116 v. Wegmans Food Markets, Inc.

This case involved a dispute between the Bakery, Confectionary, Tobacco Workers and Grain Millers International Union, Local 116, and Wegmans Food Markets concerning the arbitrability of an employee's termination. Employee Derrick McCullough was dismissed for alleged theft, and the Union sought to compel arbitration, contending the collective bargaining agreement's theft exclusion was ambiguous or misapplied. The District Court granted summary judgment for Wegmans, denying the Union's cross-motion, concluding that the exclusionary clause was unambiguous. The court found Wegmans' characterization of McCullough's conduct as theft was valid based on the evidence presented at the time of termination, thereby rendering the grievance non-arbitrable.

Collective Bargaining AgreementArbitrationSummary JudgmentLabor Management Relations ActTheft Exclusion ClauseEmployee TerminationGrievance ProcedureContract InterpretationFederal District CourtUnion Rights
References
7
Case No. MISSING
Regular Panel Decision
Aug 16, 2012

Frigault v. Town of Richfield Planning Board

Petitioners, local citizens and property owners, challenged the Town of Richfield Planning Board's grant of a special use permit to Monticello Hills Wind, LLC for a six-wind turbine project. The challenge, a combined CPLR article 78 proceeding and declaratory judgment action, alleged violations of the State Environmental Quality Review Act (SEQRA), Open Meetings Law, Town Law, and local ordinances. The Supreme Court annulled the negative declaration and special use permit due to Open Meetings Law and Town Law violations, though it upheld the SEQRA review. On cross-appeals, the higher court reinstated the negative declaration, finding the Board's SEQRA compliance sufficient and any Open Meetings Law violation did not warrant annulment. However, the special use permit's annulment was affirmed, as the Board failed to provide proper notice to the County Planning Department and lacked a rational explanation for compliance with the Town's special use permit ordinance.

Environmental Quality ReviewSpecial Use PermitWind TurbinesPlanning BoardOpen Meetings LawTown LawNegative DeclarationSEQRA ReviewJudicial ReviewAdministrative Law
References
27
Case No. MISSING
Regular Panel Decision

Fox News Network, LLC v. Tveyes, Inc.

Fox News Network, LLC filed a copyright infringement lawsuit against TVEyes, Inc., a media-monitoring service. The district court previously upheld TVEyes' core service as fair use but reserved judgment on four specific features: archiving, e-mailing, downloading, and date-time search. In this renewed decision, the court ruled that TVEyes' archiving function is fair use. The e-mailing function can also be fair use, provided TVEyes implements adequate protective measures. However, the court found that the downloading and date-time search functions are not fair use, concluding they go beyond TVEyes' transformative purpose and pose undue risks to Fox News' copyrights and derivative businesses.

Copyright InfringementFair Use DefenseMedia MonitoringTransformative UseSummary JudgmentArchivingEmail SharingVideo DownloadingDate-Time SearchDigital Rights
References
23
Case No. MISSING
Regular Panel Decision

Matter of John Z.

This case involves an appeal from an order recommitting the respondent to petitioner's custody due to a dangerous mental disorder. The respondent, with a history of multiple killings and a prior finding of not guilty by reason of mental disease or defect, had his parole revoked after exhibiting aggressive and threatening behavior upon conditional release. The Supreme Court determined he suffered from Antisocial Personality Disorder with narcissistic and paranoid features, which was deemed a dangerous mental disorder justifying civil confinement under CPL 330.20. The appellate court affirmed, rejecting the argument that the diagnosis was legally insufficient and upholding the finding of current dangerousness based on expert testimony, the respondent's history of violence, and his lack of insight into his condition.

dangerous mental disordercivil confinementantisocial personality disordernarcissistic featuresparanoid featuresCPL 330.20recommitmentmental illnessparole revocationexpert testimony
References
10
Case No. 10-74894-ast
Regular Panel Decision

International Tobacco Partners, Ltd. v. United States Department of Agriculture

This case involved cross-motions for summary judgment between the Debtor, International Tobacco Partners, Ltd., and the United States Department of Agriculture (USDA). The core dispute centered on whether assessments under the Fair and Equitable Tobacco Reform Act (FETRA) constituted excise taxes and their priority in bankruptcy. The Court determined that FETRA assessments are indeed excise taxes, serving a public purpose by aiding the tobacco industry's transition from subsidies to a free market. Consequently, the USDA was granted a priority claim for prepetition assessments from June 25, 2007, to June 24, 2010, and eligibility for an administrative claim for postpetition assessments starting June 25, 2010.

Bankruptcy LawExcise TaxRegulatory FeesSummary JudgmentPriority ClaimsAdministrative ClaimsTobacco Industry RegulationGovernment SubsidiesFair and Equitable Tobacco Reform Act (FETRA)Chapter 11
References
51
Case No. MISSING
Regular Panel Decision

Matter of Terranova v. Lehr Construction Co.

In 2009, Claimant sustained a right knee injury at work, leading to workers' compensation benefits and a 10% schedule loss of use award. Concurrently, Claimant settled a third-party action for $173,500. A dispute arose concerning the carrier's credit and the apportionment of litigation expenses from the third-party settlement, specifically whether Burns v Varriale or Matter of Kelly v State Ins. Fund applied to a schedule loss of use award. The Workers’ Compensation Board ruled that Matter of Kelly controlled, denying Claimant ongoing payments for litigation expenses. The appellate court affirmed, clarifying that for schedule loss of use awards, future benefits are ascertainable, making Matter of Kelly applicable.

Schedule Loss of UseThird-Party SettlementWorkers’ Compensation BenefitsLitigation ExpensesCarrier CreditApportionment of Counsel FeesFuture BenefitsIndependent Medical ExaminationOrthopedist ReportCourt of Appeals Precedent
References
5
Case No. MISSING
Regular Panel Decision

Claim of Grugan v. The Record

Claimant sustained a work-related injury to her left hand in 2007, leading to a dispute over whether she should receive a permanent partial disability classification or a schedule loss of use award. The Workers’ Compensation Board ultimately issued a 15% schedule loss of use award, which the claimant appealed. The Appellate Division affirmed the Board's decision, finding that substantial evidence supported the determination. The court noted that claimant had reached maximum medical improvement and her condition was stable, factors supporting a schedule loss of use award. Conflicting medical opinions from the treating orthopedist and an independent medical examiner were resolved by the Board within its discretion.

Schedule Loss of UsePermanent Partial DisabilityWorkers' Compensation BoardMedical EvidenceIndependent Medical ExaminationTreating PhysicianAppellate ReviewBoard DiscretionMaximum Medical ImprovementConflicting Medical Opinions
References
3
Case No. MISSING
Regular Panel Decision
Aug 11, 1999

HK Porter Co., Inc. v. American Tobacco Co.

An asbestos distributor, facing extensive lawsuits and significant settlement payments for product-related injuries, initiated legal action against tobacco entities. The plaintiff alleges that the tobacco companies fraudulently concealed their own liability, which led to the distributor paying excessive damages and prevented them from impleading the defendants in prior cases. The defendants filed a motion to dismiss, citing the Laborers Local 17 decision as a precedent precluding the current litigation. However, the court denied the motion, reasoning that Laborers Local 17 did not directly address the fraud claims presented by the plaintiff. The court concluded that the plaintiff adequately pleaded a direct claim for common law fraud, including elements of misrepresentation, knowledge, intent, reliance, and resulting injury, and that federal preemption did not apply to the alleged deliberate acts to deceive.

fraudmisrepresentationasbestostobaccolitigationcommon law fraudmotion to dismissfederal preemptionproduct liabilityconcealment
References
5
Case No. MISSING
Regular Panel Decision

Frangella Mushroom Farms, Inc. v. Zoning Board of Appeals

The petitioner, who operates a mushroom growing farm in the Town of Coeymans, sought a special use permit to construct an apartment building for its migrant laborers. The Zoning Board of Appeals denied the application, citing concerns related to aesthetic harmony, property values, safety, and traffic. However, the court found the Board's 17 specific findings to be arbitrary and capricious, lacking sufficient evidence in the record. The court determined that the proposed housing would not adversely affect the district and would replace existing substandard dwellings without increasing population or traffic. Consequently, the court annulled the Board's determination and mandated the issuance of the special use permit.

Zoning OrdinanceSpecial Use PermitArbitrary and CapriciousLand Use PlanningMigrant HousingAgricultural OperationsJudicial ReviewCPLR Article 78Town of CoeymansAlbany County
References
6
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