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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

Mandel v. United States Office of Personnel Management

Michael Mandel sued the United States Office of Personnel Management (OPM) and two individual defendants, McCann and Crandell, alleging violations of the Privacy Act. The lawsuit stemmed from OPM's disclosure of Mandel's employment records to his former supervisors during an appeal to the Merit Systems Protection Board (MSPB), where Mandel challenged OPM's negative suitability determination for federal employment due to alleged falsification of records. Mandel moved for summary judgment, arguing OPM's disclosure was unlawful and caused him emotional distress and pecuniary loss, while defendants cross-moved, asserting a 'routine use' exception and lack of causation. The court denied Mandel's motion and granted the defendants' cross-motion, ruling that the disclosure fell within the Privacy Act's 'routine use' exception. Furthermore, the court found Mandel failed to establish a causal connection between the disclosure and his claimed adverse effects, concluding that his own falsification of documents was the cause. Finally, the claims against the individual defendants were dismissed as the Privacy Act does not permit suits against individuals.

Privacy ActSummary JudgmentRoutine Use ExceptionFederal EmploymentSuitability DeterminationMSPB AppealFalsification of DocumentsInformation DisclosureAdverse EffectCausal Connection
References
17
Case No. MISSING
Regular Panel Decision

Meehan v. United States Postal Service

Plaintiff James Meehan, Administrator of Michael J. Meehan's estate, initiated an action against the U.S. Postal Service, U.S.A., and U.S. Office of Personnel Management under the Federal Group Life Insurance Act (FEGLI). He alleged that his son, Michael J. Meehan, was wrongfully denied free life insurance, despite having signed a waiver during his employment. Defendants sought summary judgment, contending that the court lacked subject matter jurisdiction because the plaintiff had failed to exhaust the mandatory grievance and arbitration procedures outlined in the collective bargaining agreement. The court concurred with the defendants, ruling that the claim constituted a breach of the collective bargaining agreement, thereby necessitating the exhaustion of administrative remedies prior to judicial review. Additionally, the court noted that the action would have been time-barred by the six-month statute of limitations and that Meehan had properly waived his life insurance.

Federal Group Life Insurance ActSummary JudgmentSubject Matter JurisdictionSovereign ImmunityCollective Bargaining AgreementGrievance ProceduresArbitrationExhaustion of Administrative RemediesStatute of LimitationsLife Insurance Waiver
References
25
Case No. MISSING
Regular Panel Decision
Nov 06, 2003

Nikko Asset Management Co. v. UBS AG, UBS Warburg (Japan), Ltd.

Plaintiffs, Nikko Asset Management Co., Ltd., MMF, and HMMF (collectively 'Nikko'), sued defendants, UBS AG and its subsidiaries ('UBS'), alleging violations of federal securities laws and tort claims. Nikko accused UBS of fraudulently selling credit-linked notes (CLNs) in Japan without disclosing critical information about Enron Corporation's financial instability, knowledge UBS allegedly gained through its U.S. dealings with Enron. The core issue was whether U.S. federal securities laws applied to these predominantly foreign transactions. The court granted UBS's motion to dismiss for lack of subject matter jurisdiction, concluding that the alleged U.S. conduct was merely preparatory and did not directly cause the plaintiffs' losses from the Japanese transactions, thus failing both the 'effects test' and the 'conduct test'.

Securities FraudCredit-Linked NotesSubject Matter JurisdictionForeign TransactionsEnron ScandalConduct TestEffects TestMotion to DismissInvestment BankingInternational Law
References
49
Case No. MISSING
Regular Panel Decision

Campaniello v. Board of Managers

This case involves a dispute between Thomas Campaniello, owner of two commercial condominium units, and the Board of Managers of the 225 East 57th Street Condominium. The dispute centers on the responsibility for repairing duct work connected to an auxiliary water tower serving only Campaniello's unit B, which the condominium disconnected. Campaniello filed a complaint alleging breach of contract, trespass, and partial eviction, claiming the condominium was responsible for repairs. The condominium moved to dismiss the complaint, arguing Campaniello was responsible for the maintenance of elements serving only his unit and that his claims lacked legal basis. The court granted the condominium's motion, dismissing all causes of action, including claims for punitive damages, finding Campaniello responsible for the unit's air-conditioning system maintenance.

Condominium LawProperty DisputeBreach of ContractTrespassPartial EvictionMotion to DismissBuilding Code ComplianceUnit Owner ResponsibilityCommon ElementsDeclarations and Bylaws
References
6
Case No. MISSING
Regular Panel Decision
Oct 20, 1993

Olsen v. We'll Manage, Inc.

The case concerns an appeal by We'll Manage, Inc. from an order denying its cross motion for summary judgment in an action brought by plaintiff Gary Olsen under Labor Law §§ 240 and 241. We'll Manage, Inc. contended that Olsen was its special employee, providing evidence of direct supervision, work assignments, the right to fire him, and payment signed by its personnel, despite his wages being drawn from a general employer's account. The court found this established a special employment relationship. As Olsen received workers' compensation benefits from his general employer, he is statutorily barred from maintaining an action against the special employer. Consequently, the appellate court reversed the lower court's order, granted We'll Manage, Inc.'s cross motion, and dismissed the complaint against the appellant.

Special EmployeeWorkers' Compensation BarSummary JudgmentLabor LawDirect SupervisionControlAffidavitDeposition TestimonyGeneral EmployerAppellate Reversal
References
6
Case No. 81 C 2521
Regular Panel Decision
Dec 09, 1981

Mandaglio v. UNITED BROTH. OF CARPENTERS, ETC.

Plaintiffs Dominick Mandaglio and Charles Ferrera, former members of the United Brotherhood of Carpenters and Joiners of America, sued the union entities and several individuals after being removed from their positions and membership. They alleged violations of the Labor-Management Reporting Disclosure Act, 29 U.S.C. §§ 411(a) and 529, claiming procedural improprieties during internal union trials and a conspiracy among defendants. Defendants William Konyha and William Sidell, out-of-state residents, moved to dismiss the action against them for want of personal jurisdiction in New York. The court examined New York's long-arm statute, CPLR § 302(a)(2) and (3), to determine if jurisdiction could be established. Finding no prima facie factual showing of conspiracy or substantial New York contacts for Konyha and Sidell, the court granted their motion and dismissed them from the action.

Labor-Management Reporting Disclosure ActUnion MembershipRemoval from OfficePersonal JurisdictionConspiracyExtraterritorial JurisdictionNew York Long-Arm StatuteSummary DismissalDue ProcessInternal Union Procedures
References
8
Case No. MISSING
Regular Panel Decision
Mar 27, 1985

United States v. $100 in United States Currency

The United States initiated an in rem forfeiture action against $100,000 in U.S. currency, alleging it originated from illegal drug transactions. Claimants Jose Martinez-Torres and Nancy Medina asserted the funds were legitimate lottery winnings. The government sought summary judgment, arguing issue preclusion from a prior Nebbia bail hearing where Medina's lottery claim was found incredible. The Court granted partial summary judgment for the government, establishing probable cause for forfeiture. However, it denied the application of offensive collateral estoppel for full summary judgment, citing the distinct procedural environment and limited scope of the Nebbia hearing, and ruled that claimants are entitled to a plenary trial to prove the legitimate source of the funds.

ForfeitureDrug Trafficking ProceedsCollateral EstoppelIssue PreclusionSummary JudgmentProbable CauseIn Rem ForfeitureBail HearingDue Process ConcernsPuerto Rican Lottery
References
8
Case No. ADJ10350134
Regular
Apr 27, 2018

ROSALBA AYON vs. UNITED AG PERSONNEL MANAGEMENT INC., APPLIED RISK SERVICES, INC., SOUTHEAST PERSONNEL LEASING, INC., STATE NATIONAL INSURANCE COMPANY, PACKARD CLAIMS ADMINISTRATION, INC.

This case involved a defendant's petition to remove "CBE Law" from the party record. The Workers' Compensation Appeals Board (WCAB) dismissed the petition because it was incorrectly labeled as a petition for removal. The WCAB found no WCJ order to remove and stated that such administrative matters should be handled at the district level. Therefore, the WCAB adopted the WCJ's recommendation to deny the petition.

Petition for RemovalWorkers' Compensation Appeals BoardWCJReport and RecommendationDismissalDistrict LevelOfficial Address RecordCBE LawAdministrative Law JudgeParty Record
References
0
Case No. MISSING
Regular Panel Decision

Stop & Shop Supermarket Co. v. United Food & Commercial Workers' Union Local 342

Plaintiff Stop & Shop Supermarket Co., LLC ("Stop & Shop") sought a preliminary injunction to prevent Defendant United Food and Commercial Workers’ Union Local 342 ("Local 342" or "the union") from proceeding with an arbitration demand. The arbitration involves Stop & Shop's unilateral implementation of the "LMS system," an electronic system for managing inventory and manpower, which the union alleges violates their collective bargaining agreement (CBA). Stop & Shop argues the arbitration clause in the CBA does not cover the LMS system. The Court asserted jurisdiction under the Labor Management Relations Act. Applying the principles from the "Steelworkers Trilogy," the court found the CBA's arbitration clause to be broad and determined that the union presented colorable arguments that the dispute regarding the LMS system implicates provisions related to "Prior Privileges" and "technological changes" in the CBA, as well as hours and wages. The court concluded that it could not say with "positive assurance" that the arbitration clause is not susceptible to an interpretation that covers the asserted dispute. Consequently, the court denied Stop & Shop's request for a preliminary injunction, allowing the arbitration to proceed.

Labor ArbitrationCollective BargainingPreliminary InjunctionArbitrabilityLabor DisputeLMS SystemUnion RightsEmployer Management RightsFederal CourtStatutory Interpretation
References
11
Case No. MISSING
Regular Panel Decision

United States v. Caballero

Saul Caballero, who pleaded guilty to two drug conspiracies (heroin and methamphetamine distribution), objected to an aggravating role enhancement under the Sentencing Guidelines, arguing it would increase his mandatory-minimum sentence and thus require a jury finding beyond a reasonable doubt as per Alleyne v. United States. Following a two-day Fatico hearing, the District Court concluded that the government proved by a preponderance of the evidence that Caballero was a manager or supervisor of the heroin distribution conspiracy, but not the crystal methamphetamine conspiracy. The Court also rejected Caballero's argument that Alleyne mandates a jury to determine safety-valve eligibility, affirming that judicial fact-finding by a preponderance of the evidence for safety-valve criteria is constitutionally permissible as it potentially lessens, rather than increases, the mandatory minimum sentence. Therefore, the defendant's motion for a jury determination was denied.

Sentencing GuidelinesAggravating Role EnhancementMandatory Minimum SentenceSafety Valve EligibilityDrug ConspiracyHeroin DistributionMethamphetamine DistributionPreponderance of EvidenceJury DeterminationConstitutional Law
References
24
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