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

Case No. In re U.S. Air Duct Corporation
Regular Panel Decision

Mazur v. U. S. Air Duct Corp. (In Re U. S. Air Duct Corp.)

The case involves the Sheet Metal Workers International Association, Local No. 58 (the Association) seeking to recover fringe benefits and wage supplement contributions from U.S. Air Duct Corporation (the Debtor) and its president, Franklin E. Bean (the Non-Debtor). The Association initiated an action in New York Supreme Court, which was subsequently stayed when the Debtor filed for Chapter 7 bankruptcy. The Non-Debtor removed the state-court proceeding to the Bankruptcy Court, prompting the Association to move for its remand. The Bankruptcy Court denied the Association's motion, asserting jurisdiction over the claim against the Non-Debtor based on its relation to the Title 11 case and the joint and several liability under New York Labor Law Section 198-c. The court also affirmed the permissibility of removal by "any party" under 28 U.S.C. 1478(a).

BankruptcyChapter 7RemovalRemandJurisdictionLabor LawFringe BenefitsWage SupplementsCorporate Officer LiabilityJoint and Several Liability
References
13
Case No. MISSING
Regular Panel Decision

Royal Park Investments SA/NV v. U.S. Bank National Ass'n

Royal Park Investments SA/NV sued U.S. Bank National Association regarding residential mortgage-backed securities (RMBS). U.S. Bank moved to dismiss the action or disqualify Royal Park as class representative due to Royal Park's failure to produce documents from its assignors. The court, presided over by U.S. Magistrate Judge James C. Francis IV, found Royal Park's non-compliance willful but denied U.S. Bank's motion for sanctions and disqualification. The court reasoned that U.S. Bank had not yet demonstrated sufficient prejudice to warrant such severe sanctions, indicating that dismissal would be 'unnecessarily draconian'. The motion was denied without prejudice, allowing U.S. Bank to renew its application if prejudice could be shown.

Discovery SanctionsWillfulnessPrejudiceClass ActionRMBS LitigationTrust Indenture ActBreach of ContractBreach of TrustAssignor DocumentsStanding
References
31
Case No. MISSING
Regular Panel Decision

U. S. Pillow Corp. v. McLeod

The U. S. Pillow Corporation (plaintiff) initiated legal action to prevent the Regional Director of the National Labor Relations Board (NLRB) from conducting a representation election involving its employees, as petitioned by Local 140. Although the election proceeded, the ballots were impounded. The court considered three motions: Local 140's request for intervention, U. S. Pillow's plea for an injunction to continue ballot impoundment, and the Regional Director's cross-motion to dismiss the complaint. The court granted Local 140's intervention. The core of U. S. Pillow's argument centered on alleged violations of its constitutional rights and administrative due process by the NLRB's decision to permit a single-employer unit election despite existing multi-employer agreements. The court, however, deemed the plaintiff's constitutional claims to be "transparently frivolous" and found no merit in any of its contentions. Consequently, the defendant's motion to dismiss the complaint was granted, and the plaintiff's request for an injunction pendente lite was denied.

Labor RelationsNLRBRepresentation ElectionJudicial ReviewInjunctionCollective BargainingMulti-employer UnitConstitutional RightsDue ProcessFirst Amendment
References
17
Case No. MISSING
Regular Panel Decision
Dec 09, 2011

Severstal U.S. Holdings, LLC v. RG Steel, LLC

Plaintiffs Severstal U.S. Holdings, LLC and Severstal U.S. Holdings II, Inc. initiated a declaratory judgment action against RG Steel to prevent arbitration regarding a Stock Purchase Agreement (SPA). RG Steel, in response, sought to compel arbitration, appoint an arbitrator, and stay the plaintiffs' action, arguing that disputes over purchase price adjustments related to Net Working Capital calculations were arbitrable. The core dispute centered on whether 'Contested Adjustments' should be resolved through the SPA's arbitration clause, particularly those concerning GAAP consistency, or if they constituted claims for breach of representation and warranty, falling under indemnification. The court, referencing the Federal Arbitration Act's strong policy favoring arbitration, determined that the contested adjustments were indeed arbitrable, distinguishing prior cases cited by the plaintiffs. Consequently, the court granted RG Steel's motion, compelling arbitration for all contested adjustments and staying the declaratory judgment action commenced by Severstal.

Arbitration AgreementStock Purchase AgreementGAAPNet Working CapitalDeclaratory JudgmentStay of ActionFederal Arbitration ActPurchase Price AdjustmentIndemnificationContract Interpretation
References
35
Case No. MISSING
Regular Panel Decision

Kanbar v. U.S. Healthcare, Inc.

Plaintiffs Edward S. Kanbar and Rooney Castellón, Inc. brought suit against U.S. Healthcare, Inc., MEDIQ Incorporated, Leonard Abramson, Eugene M. Schloss, Jr., and Alan Letofsky, alleging securities fraud, common law fraud, and RICO violations. These claims arise from the 1977 merger of Family Medical Care, Inc. into Health Maintenance Organization of Pennsylvania, where FMC's assets were allegedly sold below market value to a related company, and defendants conspired to conceal this fraud. Defendants moved for a change of venue to the Eastern District of Pennsylvania under 28 U.S.C. §§ 1404 or 1406, and to dismiss under Fed.R.Civ.P. 12(b). The Court granted the motion to transfer, finding that the operative facts, witness locations, document availability, and convenience of parties strongly favored transferring the case from the Southern District of New York to the Eastern District of Pennsylvania. Due to this disposition, the Court did not rule on the motion to dismiss.

securities fraudcommon law fraudRICORacketeer Influenced and Corrupt Organizations Actchange of venuemotion to transferFed.R.Civ.P. 12(b)motion to dismissconvenience of partiesconvenience of witnesses
References
28
Case No. MISSING
Regular Panel Decision

U.S. Airlines Pilots Ass'n v. U.S. Airways, Inc.

The U.S. Airline Pilots Association (USAPA) filed an action against U.S. Airways for alleged violations of the Railway Labor Act (RLA), including interference with collective bargaining rights, failure to maintain the status quo, bad faith bargaining, and failure to settle disputes. The defendants moved to dismiss the complaint. The court granted the motion, finding that USAPA failed to sufficiently plead a claim for bad faith bargaining and that it lacked subject matter jurisdiction over the remaining claims. The court categorized USAPA's allegations regarding grievance procedures, arbitration, and anti-union animus as "minor disputes" under the RLA, which fall under the exclusive jurisdiction of a system adjustment board, rather than federal courts. Consequently, the complaint was dismissed, with most counts dismissed with prejudice.

Railway Labor ActCollective BargainingBad Faith BargainingMajor DisputesMinor DisputesSubject Matter JurisdictionMotion to DismissFederal Rules of Civil Procedure 12(b)(1)Federal Rules of Civil Procedure 12(b)(6)Status Quo
References
47
Case No. 13 Civ. 1580; 12 Civ. 6811
Regular Panel Decision
Jun 17, 2015

U.S. Bank National Ass'n v. PHL Variable Life Insurance

This decision and order by District Judge McMahon addresses numerous motions in limine filed by both U.S. Bank National Association (applicant) and PHL Variable Life Insurance Company (Phoenix, defendant). The court evaluates the admissibility of expert testimony, evidence relating to actuarial justifications for cost of insurance (COI) rate increases, and Phoenix's financial condition. Key rulings concern claims of breach of the covenant of good faith and fair dealing, the relevance of life settlement investments, and the application of hearsay and prejudice rules. The decision provides detailed findings on specific exhibits and types of testimony, balancing probative value against potential unfair prejudice.

Insurance LawContract LawCovenant of Good Faith and Fair DealingCost of Insurance RatesActuarial AnalysisExpert Witness AdmissibilityMotions in LimineHearsay EvidenceRule 403 Balancing TestLife Settlement Industry
References
48
Case No. MISSING
Regular Panel Decision
May 14, 2015

Boice v. M+W U.S., Inc.

This case concerns a wage-and-hour action filed by Vincent E. Boice against M+W U.S., Inc., Total Facility Solutions, Inc., and M+W Zander N.Y. Architects, P.C. under the Fair Labor Standards Act. Plaintiff moved to conditionally certify a collective action and compel discovery. Magistrate Judge Hummel recommended denying conditional certification without prejudice but granting limited pre-certification discovery for employee contact information. District Judge Glenn T. Suddaby accepted and adopted this Report-Recommendation, denying the defendants' motion to strike the declaration and the plaintiff's motion for conditional certification while granting in part the motion to compel discovery. The court also denied other relief sought by the plaintiff and reopened the discovery period for 90 days.

FLSAWage-and-Hour ActionCollective ActionConditional CertificationDiscovery MotionOvertime CompensationJudicial ReviewEmployment LawClass Action ProcedureMagistrate Judge Recommendation
References
60
Case No. 16 Civ. 5813
Regular Panel Decision

U.S. Bank National Ass'n v. Lehman Bros. Holdings Inc. (In re Lehman Bros. Holdings Inc.)

This appeal was brought by RMBS Trustees against Lehman Brothers Holdings Inc. (LBHI) challenging a U.S. Bankruptcy Court order from June 27, 2016. The order disallowed and expunged certain proofs of claim filed by the RMBS Trustees against LBHI. The RMBS Trustees argued that the order was based on a claims resolution protocol that did not apply to some of their claims and that it preserved their right to prove certain claims through statistical sampling. The District Court affirmed the Bankruptcy Court's order, concluding that the RMBS Trustees had effectively abandoned their 'Transferor Loan' claims by not submitting them under the established Protocol. Additionally, the court found that the RMBS Trustees' attempt to reserve 11,000 'Covered Loan' claims for statistical sampling, without first submitting the required documentation under the Protocol, was not permissible. The court emphasized that the RMBS Trustees had multiple opportunities to clarify the Protocol's scope or pursue their claims but failed to do so, thus upholding the expungement.

Bankruptcy ClaimsRMBS LitigationStatistical SamplingClaims ProtocolLoan Repurchase AgreementsExpungement OrderDue Process RightsAppellate ReviewSecuritized MortgagesCreditor Claims
References
19
Case No. MISSING
Regular Panel Decision
Jun 29, 2017

In re U.S. Steel Canada Inc.

U.S. Steel Canada Inc. (USSC), a Canadian subsidiary of U.S. Steel Corporation, initiated a Chapter 15 case in the U.S. Bankruptcy Court on June 2, 2017. The primary objective was to obtain recognition of its Canadian CCAA proceeding as a foreign main proceeding and to enforce the Sanction Order and the associated reorganization plan approved by the Canadian Court. No objections were raised to the requested relief. Following a hearing on June 29, 2017, the Court granted all requests, recognizing the CCAA proceeding and enforcing the Sanction Order and Plan. The Court's decision was based on USSC meeting Chapter 15 eligibility requirements, including having property in the U.S., and confirmed that the CCAA proceeding was a foreign main proceeding with USSC's center of main interests (COMI) in Canada.

Chapter 15 BankruptcyForeign Main ProceedingCross-Border InsolvencyCCAA ProceedingSanction OrderReorganization PlanInternational ComityBankruptcy Code Section 109(a)Center of Main Interests (COMI)Debtor Eligibility
References
50
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