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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

Claim of Joyner v. Event Design Associates, Inc.

Claimant was retained by Event Design Associates, Inc. (EDA) to transport furniture and event props for a party. While en route to a hotel during this assignment, claimant was involved in an automobile accident and sustained serious injuries. Subsequently, claimant applied for workers' compensation benefits, asserting an employer-employee relationship with EDA. The Workers' Compensation Board ruled in favor of the claimant, finding that an employment relationship existed. EDA appealed this decision. The Appellate Division affirmed the Board's ruling, concluding there was substantial evidence to support the finding of an employer-employee relationship, based on factors such as EDA's control over the work, method of payment, and right to terminate.

Workers' CompensationEmployer-Employee RelationshipIndependent ContractorSubstantial EvidenceControl TestAppellate ReviewAutomobile AccidentNew YorkWorkers' Compensation BoardTemporary Employment
References
4
Case No. MISSING
Regular Panel Decision

Nautilus Insurance v. Matthew David Events, Ltd.

Nautilus Insurance Company sought a declaration that it was not obligated to defend or indemnify Matthew David Events (MDE) in a personal injury action brought by Timothy Shea. Shea, an employee of a subcontractor hired by MDE, was injured while working at an event planned by MDE. Nautilus disclaimed coverage due to MDE's failure to provide timely notice and an employee exclusion in the policy. The motion court denied Nautilus's summary judgment, finding the employee exclusion ambiguous. The appellate court reversed, holding that the employee exclusion, which broadly defined 'employee' to include those 'contracted for' the insured, clearly applied to Shea, an employee of MDE's subcontractor. The court concluded that Nautilus had met its burden in demonstrating the exclusion's applicability.

Insurance Coverage DisputeDeclaratory Judgment ActionEmployee Exclusion ClauseContract InterpretationSubcontractor Employee InjuryTimely Notice ProvisionSummary Judgment ReversalAppellate Court DecisionCommercial General Liability PolicyBodily Injury Claim
References
21
Case No. 05-19-00252-CV
Regular Panel Decision
Jan 07, 2020

Erin Walker v. Pegasus Eventing, LLC, Ellen Doughty-Hume And Alistair Hume

This appeal concerns an interlocutory order from the 422nd Judicial District Court of Kaufman County, Texas, regarding a motion to dismiss filed under the Texas Citizens Participation Act (TCPA). Appellant Erin Walker, a former client of appellees Pegasus Eventing, LLC, Ellen Doughty-Hume, and Alistair Hume, sought dismissal of their claims (business disparagement, tortious interference, intentional infliction of emotional distress, and civil conspiracy) after making complaints to the United States Eventing Association (USEA) about Doughty-Hume's training methods. The core issue on appeal was the timeliness of the hearing on Walker's TCPA motion. The Court found that the hearing on Walker’s motion was untimely, occurring 109 days after service, exceeding the 90-day (or 120-day with court-allowed discovery) statutory deadline. The court rejected arguments that amended petitions or a Rule 11 agreement reset or extended the deadline. Consequently, Walker forfeited her TCPA motion. The Court affirmed the denial of Walker's motion to dismiss the business disparagement claim but reversed the grant of dismissal for the other claims and reversed the award of attorney's fees and sanctions to Walker, remanding the cause for further proceedings.

Texas Citizens Participation ActTCPAMotion to DismissTimelinessAppellate ProcedureRule 11 AgreementDiscovery ExtensionService of ProcessBusiness DisparagementTortious Interference
References
25
Case No. 2021 NY Slip Op 01347
Regular Panel Decision
Mar 04, 2021

Treacy v. Inspired Event Productions, LLC

Peter Treacy, a Teamsters' Union laborer, was injured on a loading dock when a crate fell on him while unloading materials for an event. He subsequently filed claims against multiple defendants under Labor Law §§ 240(1) and 241(6). The Supreme Court granted summary judgment to the defendants, dismissing Treacy's claims. On appeal, the Appellate Division, First Department, affirmed the lower court's decision, ruling that Treacy was not a covered worker under the Labor Law as his duties were limited to unloading materials on a permanent loading dock and he was not involved in the actual construction being performed at the site.

Worker injuryloading docksummary judgmentLabor Law § 240Labor Law § 241(6)construction workerscope of employmentappellate reviewTeamsters' Unionpremises liability
References
7
Case No. MISSING
Regular Panel Decision

Valero Transmission Co. v. Mitchell Energy Corp.

Valero Transmission Company appealed a temporary injunction requiring it to purchase gas from Mitchell Energy Corporation per their contract. The trial court found Valero breached the contract, leading to drainage from Mitchell's leases and potential loss of 11 leases. Valero contended the court lacked subject matter jurisdiction, that the injunction was an abuse of discretion due to illegality, lack of irreparable harm, and the availability of an adequate remedy at law, and that a force majeure event excused performance. The appellate court affirmed the trial court's order, overruling Valero's contentions by finding the trial court had jurisdiction, the injunction was not illegal or an abuse of discretion, and Mitchell had demonstrated probable irreparable harm without an adequate legal remedy. Furthermore, the court determined that an economic downturn did not qualify as an unforeseeable event under the force majeure clause and that the injunction appropriately preserved the status quo.

Temporary InjunctionBreach of ContractGas Purchase AgreementMarket DemandForce MajeureIrreparable HarmAdequate Remedy at LawJurisdictionTexas Railroad CommissionOil and Gas Law
References
27
Case No. MISSING
Regular Panel Decision

Flores v. Act Event Services, Inc.

This case addresses alleged violations of the Fair Labor Standards Act (FLSA) by ACT Event Services, Inc., Roman Luis Gaona, and Final & Touch Cleaning Services. Plaintiffs accused defendants of failing to pay compensable travel time, adhering to federal minimum wage laws, and providing overtime compensation. The court reviewed defendants' motions to dismiss under Federal Rule of Civil Procedure 12(b)(6). The motions were granted for the putative collective action and all named plaintiffs, with the exception of Rosa Hernandez, whose claims were deemed sufficiently pleaded. The court also granted leave for the plaintiffs to amend the entire complaint.

FLSAFair Labor Standards ActCollective ActionMotion to DismissRule 12(b)(6)Rule 15Wage and HourOvertime CompensationMinimum WageCompensable Travel Time
References
34
Case No. ADJ2417702
Regular
Jun 18, 2012

SANDRA MEJIA vs. JACKSON'S CATERING & EVENTS, STATE COMPENSATION INSURANCE FUND

The Workers' Compensation Appeals Board dismissed the Petition for Reconsideration in *Mejia v. Jackson's Catering & Events* because it was not verified, violating Labor Code section 5902. Had it been verified, the Board would have denied it on the merits. The lien claimant failed to prove the medical necessity of transportation services, and the defendant was not required to prove compliance with certain notification requirements. The Board also admonished the petitioner for failing to adhere to form requirements for filed documents.

Petition for ReconsiderationVerifiedLabor Code section 5902DismissedMedically reasonableNecessaryLabor Code section 4610(g)Medical provider network noticesMPNForm requirements
References
3
Case No. 2021 NY Slip Op 01219
Regular Panel Decision
Feb 25, 2021

Robinson v. Foremost Glatt Kosher Caterers, Inc.

Plaintiff Barry Robinson initiated a class action against Foremost Glatt Kosher Caterers, Inc., alleging the company withheld mandatory gratuity charges from catering service workers in violation of Labor Law § 196-d. Foremost, in turn, filed a third-party complaint against Kensington Event Staffing, seeking indemnification. The Supreme Court denied Kensington's motion to dismiss the third-party complaint. On appeal, the Appellate Division, First Department, reversed the lower court's decision. The court granted Kensington's motion to dismiss, finding that Foremost failed to state a cause of action for implied indemnification, as there were no allegations that Kensington wrongfully withheld charges or influenced Foremost's decision to retain them.

GratuitiesWage OrderImplied IndemnificationThird-Party ComplaintMotion to DismissLabor LawAppellate ReviewCatering IndustryWorkers' Rights
References
3
Case No. MISSING
Regular Panel Decision

Maheshwari v. City of New York

This case concerns an appeal from an order denying summary judgment to defendant Delsener/Slater Enterprises, Ltd. The plaintiff, Ram Krishna Maheshwari, was assaulted in a parking lot during the 1996 Lollapalooza Festival. The Appellate Division reversed the lower court's decision, granting summary judgment to the defendants, Delsener/Slater Enterprises, Ltd. and the City of New York, and dismissing the complaint. The majority opinion found the criminal attack to be unforeseeable and not proximately caused by any alleged inadequacy in security measures, distinguishing the case from a prior related case, Florman v City of New York. A dissenting opinion argued that foreseeability and the adequacy of security constituted factual questions for a jury, citing the nature of the concert audience, prior arrests at similar events, and evidence suggesting a lack of assigned security patrols in the specific area where the attack occurred.

Concert SecurityPremises LiabilityForeseeability of CrimeProximate CauseSummary JudgmentAppellate ReviewLollapalooza FestivalParking Lot AssaultNegligenceThird-Party Criminal Act
References
5
Case No. MISSING
Regular Panel Decision

People v. Milton C. Johnson Co.

Milton O. Johnson Company, a corporation, and its president, Walter Gemmill, were charged with violating Labor Law sections 191(1)(a) and 198-c for failing to pay employee wages and vacation benefits. The company abruptly ran out of funds on October 14, 1970, after its factoring company, Armstrong, ceased financial support. Gemmill, who had intimate knowledge of the company's precarious financial state, informed employees there were no funds for their wages or benefits. The court found the corporation strictly liable for the malum prohibitum violations. Regarding Gemmill, despite his defense that he could not have knowingly permitted the violation due to the unforeseeable action by Armstrong, the court determined that his deep involvement and awareness of the company's financial instability meant he "knew or should have known" of the risk of non-payment. Citing precedents like People v. Trapp and People v. Ahrend Co., the court concluded that the risk of such an event rests with the employer and its managers, not the employees. Consequently, both the corporation and Walter Gemmill were found guilty beyond a reasonable doubt of violating the specified Labor Law sections.

Criminal LiabilityWage Non-PaymentVacation BenefitsCorporate Officer LiabilityKnowing PermitFinancial DistressMalum ProhibitumLabor Law ViolationEmployer ResponsibilityOfficer Guilt
References
2
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