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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

Benzon v. Sosa

This case concerns an appeal from a Family Court order that granted a maternal grandmother custody of her two grandchildren following their mother's death. The biological father had a documented history of domestic violence, substance abuse, and exposed the children to a turbulent environment. Medical evaluations indicated the father suffered from an alcohol-induced mood disorder, while a social worker noted the eldest child exhibited behaviors consistent with exposure to chronic family violence and potential abuse. The appellate court affirmed the lower court's finding of extraordinary circumstances and concluded that awarding custody to the grandmother was in the children's best interest, citing her commitment to their emotional needs.

CustodyChild CustodyFamily LawDomestic ViolenceSubstance AbuseParental FitnessExtraordinary CircumstancesBest Interest of the ChildGrandparent CustodyAppellate Review

References

Case No. MISSING

Regular Panel Decision

Spielberg v. American Airlines, Inc.

Plaintiffs secured a $2,225,000 verdict against American Airlines, Inc., for emotional distress caused by severe airplane turbulence. Defendants subsequently filed a motion for a new trial or remittitur. The court, applying New York's 'deviates materially' standard for remittitur in diversity cases, upheld the $150,000 awards for past emotional distress for most plaintiffs, finding them consistent with comparable New York verdicts. However, the court granted remittitur for plaintiff Melissa Katz's $150,000 award, concluding that the lay testimony from her mother lacked sufficient evidentiary basis to support emotional damages for the two-year-old child.

emotional distressremittiturairplane turbulencejury verdictNew York lawdamagespast emotional distressfuture emotional distresssufficiency of evidenceminor plaintiff

References

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Benzon v. Sosa

CustodyChild CustodyFamily LawDomestic ViolenceSubstance AbuseParental FitnessExtraordinary CircumstancesBest Interest of the ChildGrandparent CustodyAppellate Review

Spielberg v. American Airlines, Inc.

emotional distressremittiturairplane turbulencejury verdictNew York lawdamagespast emotional distressfuture emotional distresssufficiency of evidenceminor plaintiff