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Case Law Database

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

Case No. 12 Civ. 1596

Regular Panel Decision

Vera v. Republic of Cuba

Plaintiffs, judgment creditors against the Republic of Cuba, initiated a special proceeding to execute on blocked funds held by various respondent banks. Banco Bilbao Vizcaya Argentina (BBVA) resisted, leading to a motion for reconsideration after the court affirmed jurisdiction. BBVA argued that recent Supreme Court and Court of Appeals decisions (Daimler and Gucci) narrowed personal jurisdiction over foreign corporations. The court denied BBVA's motion, asserting that BBVA consented to jurisdiction by operating a New York branch and that the cited precedents did not limit broad post-judgment discovery. The court also granted plaintiffs' motions for turnover of uncontested accounts.

Foreign Sovereign Immunities ActTerrorism Risk Insurance ActPost-judgment DiscoveryPersonal JurisdictionGeneral JurisdictionSpecific JurisdictionTurnover MotionsReconsiderationBlocked FundsJudgment Creditors

References

Case No. MISSING

Regular Panel Decision

Claim of Von Maack v. Wyckoff Heights Medical Center

This document addresses a procedural matter where a motion for reargument of a previous motion for leave to appeal was considered by the court. The outcome of this specific motion was a denial. Notably, Judge Feinman indicated that he took no part in the decision-making process for this particular motion. The text also references a prior related case decided in 2017.

ReargumentLeave to AppealMotion DeniedAppellate ProcedureRecusal

References

Case No. MISSING

Regular Panel Decision

Pom Wonderful LLC v. Organic Juice USA, Inc.

Plaintiff POM Wonderful LLC ("Pom") and defendant Organic Juice, Inc. ("Organic Juice") are competing purveyors of bottled pomegranate juice involved in a dispute over false advertising and deceptive marketing practices. Pom initiated the lawsuit, alleging Organic Juice violated federal and state laws by selling "adulterated" juice falsely labeled as "100% pure." Organic Juice counterclaimed, accusing Pom of deceptively marketing its juice made from concentrate and making unsubstantiated health claims, even adding elderberry juice concentrate from 2002 to 2008. The court considered three motions: Pom's motion for summary judgment on Organic Juice's counterclaims, Organic Juice's motion for partial summary judgment on the same, and Pom's motion to dismiss Organic Juice's amended counterclaims. The court denied all three motions, finding that despite alleged methodological flaws, consumer surveys demonstrating potential confusion regarding Pom's advertisements were admissible. Furthermore, the court ordered Pom to pay Organic Juice's costs and attorney's fees related to the motion to dismiss, deeming that particular motion frivolous.

False AdvertisingLanham ActSummary JudgmentConsumer ConfusionSurvey EvidenceBrand MarketingJuice LabelingConcentrateElderberryHealth Claims

References

Case No. MISSING

Regular Panel Decision

Nov 13, 2009

Beach v. Healthways, Inc.

This order addresses a motion to intervene by the Central Laborers’ Pension Fund (CLPF) and the defendants’ motion to stay discovery. Magistrate Judge Juliet Griffin denied the defendants' motion to stay, reasoning that despite potential unnecessary discovery, the existing discovery timelines did not permit bifurcation or phasing of discovery. The court granted CLPF’s motion to intervene as a named plaintiff, finding it met all requirements under Rule 24(a)(2) of the Federal Rules of Civil Procedure. Key factors for intervention included timeliness, a substantial economic interest in the litigation, the potential impairment of CLPF's interest without intervention, and the inadequacy of representation by existing individual plaintiffs for a class of institutional investors. The order also noted that parties resolved proposed modifications to the discovery plan.

Securities LitigationClass ActionMotion to InterveneMotion to Stay DiscoveryFederal Rules of Civil Procedure 24(a)(2)Private Securities Litigation Reform ActInstitutional InvestorPension FundAdequacy of RepresentationTimeliness of Motion

References

Case No. MISSING

Regular Panel Decision

Claim of Francis v. Jewelry Box Corp. of America

This document concerns a motion for reargument of a motion for leave to appeal. The motion was denied. The decision references an earlier case cited as 26 NY3d 981 from 2015. It is noted that Chief Judge DiFiore and Judge Garcia did not participate in this ruling.

Motion for ReargumentLeave to AppealDenied MotionAppellate ProcedureJudicial Review

References

Case No. MISSING

Regular Panel Decision

Claim of Clark v. New York City Transit Authority

The motion seeking leave to appeal from the Appellate Division order denying appellant’s motion to vacate and the Appellate Division order denying appellant’s motion for leave to appeal to the Court of Appeals was dismissed. The dismissal was based on the ground that the said orders do not finally determine the proceeding within the meaning of the Constitution. The motion for leave to appeal was otherwise denied.

Leave to appealAppellate DivisionMotion to vacateCourt of AppealsDismissedFinal determinationConstitutional interpretationMotion denied

References

Case No. MISSING

Regular Panel Decision

In Re Dillon

The debtor filed a motion for contempt against the Internal Revenue Service (IRS), alleging a willful violation of the automatic stay by refusing to return funds levied from Individual Retirement Accounts (IRAs) prior to the bankruptcy filing. The debtor also filed a turnover motion for these funds, which the court dismissed procedurally. The court first addressed sovereign immunity, concluding that while declaratory and injunctive relief might be available, it lacked jurisdiction to award monetary damages against the IRS because the government had not filed a claim in the bankruptcy case. Furthermore, the court determined that the Tennessee exemption statute cited by the debtor did not apply to federal levies, meaning the IRA accounts were not exempt from the IRS's action. Consequently, even assuming a technical violation of the automatic stay, the debtor suffered no actual damages, and the motion for contempt was denied.

Automatic StaySovereign ImmunityBankruptcy CodeInternal Revenue ServiceIRA AccountsFederal LevyState Exemption LawMonetary DamagesContempt MotionTurnover Motion

References

Case No. CPL article 440 motion

Regular Panel Decision

Apr 01, 2011

People v. G.M.

Defendant G.M. moved to vacate six convictions—two for prostitution, two for criminal trespass, and two for drug possession—which occurred between September 1997 and January 1998. G.M. contended she was a victim of human trafficking and severe domestic abuse by her husband, D.S., who forced her into illegal activities under threat of violence. The New York State Legislature amended Criminal Procedure Law § 440.10 in August 2010, allowing sex trafficking victims to vacate prostitution-related convictions. The Queens County District Attorney's Office consented to G.M.'s motion for all six convictions, citing her truthful affidavit and the unique circumstances. On April 1, 2011, the court granted the motion, vacating all judgments of conviction and dismissing the accusatory instruments, recognizing G.M.'s status as a trafficking victim, which was also recognized by a federal agency that granted her a 'T Visa'.

Human TraffickingSex TraffickingVacatur of ConvictionsCriminal Procedure Law § 440.10Prostitution OffensesCriminal TrespassDrug PossessionDomestic ViolenceCoercionAbuse

References

Case No. MISSING

Regular Panel Decision

Pig Newton, Inc. v. Boards of Directors of the Motion Picture Industry Pension Plan

Plaintiff Pig Newton, Inc. commenced an action against the Boards of Directors of the Motion Picture Industry Pension Plan, Health Plan, and Individual Account Plan, seeking a declaration that certain provisions of the Plans’ Trust Agreements were invalid and unenforceable. The Defendants counterclaimed for delinquent contributions under ERISA. The core dispute revolved around "Controlling Employee Provisions" in the Trust Agreements, which obligated employers to contribute for Controlling Employees for a specified number of hours and weeks regardless of actual hours worked. Pig Newton argued these provisions were invalid, not properly incorporated, or conflicted with collective bargaining agreements (CBAs). The Court, applying federal common law and an arbitrary and capricious standard of review for the Directors' interpretation, found the provisions valid, properly incorporated, and not in conflict with the CBAs, concluding that Szekely (Pig Newton's sole owner) qualified as a Controlling Employee. Consequently, the Court denied Plaintiff's motion for summary judgment and granted Defendants' cross-motion for summary judgment, dismissing Plaintiff's complaint and awarding Defendants the sought-after contributions, interest, auditors’ fees, and liquidated damages.

ERISAMultiemployer PlanPension PlanHealth PlanDeclaratory JudgmentSummary JudgmentTrust AgreementsCollective Bargaining AgreementsControlling Employee ProvisionsDelinquent Contributions

References

Case No. MISSING

Regular Panel Decision

In re the Arbitration between Great Atlantic & Pacific Tea Co. & Local 484, American Bakery & Confectionery Workers

This case involves a petitioner's motion to vacate an arbitration award and an employer's cross-motion to confirm it. The core dispute concerns an employee's entitlement to pay for a day missed due to illness during a holiday week in 1959. The employee worked for a short period on Labor Day, was then excused due to illness, and remained ill the following Tuesday. The employer paid for the holiday and other workdays but not for Tuesday, arguing that existing benefits provided a maximum of a normal week's pay. The petitioner contended that the arbitrator exceeded his authority by modifying the contract. However, the court ruled that the arbitrator acted within his powers by interpreting the collective bargaining agreement. Consequently, the motion to vacate the award was denied, and the cross-motion to confirm the award was granted.

ArbitrationCollective Bargaining AgreementHoliday PaySick PayContract InterpretationJudicial ReviewLabor DisputeEmployment LawMotion to VacateMotion to Confirm

References

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Updated Daily

Case Law Database

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

Case No. 12 Civ. 1596

Regular Panel Decision

Vera v. Republic of Cuba

References

Case No. MISSING

Regular Panel Decision

Claim of Von Maack v. Wyckoff Heights Medical Center

ReargumentLeave to AppealMotion DeniedAppellate ProcedureRecusal

References

Case No. MISSING

Regular Panel Decision

Pom Wonderful LLC v. Organic Juice USA, Inc.

False AdvertisingLanham ActSummary JudgmentConsumer ConfusionSurvey EvidenceBrand MarketingJuice LabelingConcentrateElderberryHealth Claims

References

Case No. MISSING

Regular Panel Decision

Nov 13, 2009

Beach v. Healthways, Inc.

References

Case No. MISSING

Regular Panel Decision

Claim of Francis v. Jewelry Box Corp. of America

Motion for ReargumentLeave to AppealDenied MotionAppellate ProcedureJudicial Review

References

Case No. MISSING

Regular Panel Decision

Claim of Clark v. New York City Transit Authority

Leave to appealAppellate DivisionMotion to vacateCourt of AppealsDismissedFinal determinationConstitutional interpretationMotion denied

References

Case No. MISSING

Regular Panel Decision

In Re Dillon

Automatic StaySovereign ImmunityBankruptcy CodeInternal Revenue ServiceIRA AccountsFederal LevyState Exemption LawMonetary DamagesContempt MotionTurnover Motion

References

Case No. CPL article 440 motion

Regular Panel Decision

Apr 01, 2011

People v. G.M.

Human TraffickingSex TraffickingVacatur of ConvictionsCriminal Procedure Law § 440.10Prostitution OffensesCriminal TrespassDrug PossessionDomestic ViolenceCoercionAbuse

References

Case No. MISSING

Regular Panel Decision

Pig Newton, Inc. v. Boards of Directors of the Motion Picture Industry Pension Plan

ERISAMultiemployer PlanPension PlanHealth PlanDeclaratory JudgmentSummary JudgmentTrust AgreementsCollective Bargaining AgreementsControlling Employee ProvisionsDelinquent Contributions

References

Case No. MISSING

Regular Panel Decision

In re the Arbitration between Great Atlantic & Pacific Tea Co. & Local 484, American Bakery & Confectionery Workers

ArbitrationCollective Bargaining AgreementHoliday PaySick PayContract InterpretationJudicial ReviewLabor DisputeEmployment LawMotion to VacateMotion to Confirm

References

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