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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

Horn v. New York Times

The New York Court of Appeals addresses whether the narrow exception to the at-will employment doctrine, established in Wieder v Skala, applies to a physician employed by a nonmedical entity like the New York Times. Dr. Sheila E. Horn, formerly Associate Medical Director, alleged wrongful termination for refusing to disclose confidential employee medical records without consent and for not misinforming employees about workers' compensation eligibility, citing professional ethical standards. While lower courts extended the Wieder exception, which applied to lawyers in a common professional enterprise, the Court of Appeals reversed. The court concluded that Horn's role involved corporate management responsibilities related to workers' compensation and did not constitute the 'very core' of her employment in the same way as a lawyer's professional services to a law firm's clients. Therefore, the ethical rules cited did not impose a mutual obligation between Horn and the Times to practice law in compliance with specific professional codes, as required for the Wieder exception.

At-will employmentBreach of contractPhysician-patient privilegeProfessional ethicsCorporate employmentRetaliatory dischargeWieder v Skala exceptionEmployment lawConfidentialityMedical director
References
11
Case No. MISSING
Regular Panel Decision

Alleyne v. Time Moving & Storage Inc.

Plaintiffs Marcel Alleyne and Earl Legrande filed a class action lawsuit against Time Moving & Storage, Inc. and The Time Record Storage Company, LLC, alleging failure to pay overtime wages in violation of federal FLSA and New York Labor Law. Defendants invoked the motor carrier exemption as a defense. The parties reached a class settlement agreement for the state law claims, which was provisionally certified. Following objections from some class members regarding the fairness of the settlement, class certification, and attorney's fees, the Court, presided over by Judge Vitaliano, granted final class certification and approved the settlement. The Court found the settlement fair and reasonable given the risks of litigation, denied the objectors' motion to intervene, and approved attorney's fees of $60,000.

Class ActionOvertime WagesFair Labor Standards ActNew York Labor LawMotor Carrier ExemptionWage and Hour ClaimsClass SettlementSettlement ApprovalAttorney's FeesRule 23 Certification
References
41
Case No. MISSING
Regular Panel Decision

Fox News Network, L.L.C. v. Time Warner Inc.

This case arises from a dispute between Time Warner and Fox concerning Time Warner's decision not to carry Fox News on its New York City cable channels. Fox initially sued Time Warner, prompting Time Warner to file counterclaims alleging that Fox conspired with New York City officials to unlawfully coerce Time Warner into carrying Fox News. Time Warner's counterclaims assert violations of its First Amendment and Due Process rights under 42 U.S.C. § 1983, and tortious interference with contractual relations. Fox moved to dismiss these counterclaims, arguing that its actions were protected by the Noerr-Pennington doctrine, which generally shields lobbying activities. The court denied Fox's motion, concluding that Time Warner had adequately alleged a conspiracy and that the Noerr-Pennington doctrine might not apply if Fox's conduct was found to be illegal or corrupt, thus allowing the counterclaims to proceed.

First Amendment RightsDue ProcessSection 1983Noerr-Pennington DoctrineCable ActAntitrustLobbyingFreedom of SpeechConspiracyMotion to Dismiss
References
17
Case No. MISSING
Regular Panel Decision
Feb 02, 1979

New York Times Co. v. Newspaper & Mail Deliverers' Union

The New York Times Company (Times) and the Newspaper and Mail Deliverers’ Union of New York and Vicinity (NMDU) are embroiled in a dispute over staffing levels at the Times' Carlstadt, New Jersey facility. The Times initiated reduced manning for daily paper production, which the NMDU deemed a breach of their collective bargaining agreement, leading to a sustained work stoppage. Following an interim arbitration award that the NMDU rejected, the Times sought a preliminary injunction in court. The District Court, presided over by Judge Sweet, determined that the manning dispute is subject to the arbitration provisions of the collective bargaining agreement. Consequently, the court directed the NMDU to cease its work stoppage and proceed to arbitration, while also scheduling an evidentiary hearing to assess the criteria for issuing a preliminary injunction against the union.

Collective BargainingArbitrationWork StoppagePreliminary InjunctionLabor DisputeManning DisputeFederal PolicyNorris-LaGuardia ActCollective Bargaining AgreementJudicial Review
References
5
Case No. MISSING
Regular Panel Decision
May 07, 2003

Rypkema v. Time Manufacturing Co.

Rose Rypkema and Ted Rypkema sued Time Manufacturing Company for product liability after Rose Rypkema suffered injuries using a "Versalift" boom lift, alleging design defect and breach of warranty. Time moved for summary judgment, seeking to exclude the Rypkemas' expert, Nicholas Bellizzi, whose testimony lacked scientific methodology and testing for proposed alternative designs. District Judge Sweet, applying Daubert and Kumho Tire standards, excluded Bellizzi's testimony. Consequently, with no expert evidence to support the product liability claim, the court granted Time's motion to dismiss the complaint and Savvy Systems, Ltd.'s cross-motion to dismiss the third-party complaint, concluding there was insufficient evidence for product liability.

Product LiabilityExpert TestimonyDaubert StandardKumho Tire StandardSummary JudgmentDesign DefectFailure to WarnEngineering MethodologyAerial LiftLatch Failure
References
26
Case No. MISSING
Regular Panel Decision

New York Times Co. v. City of New York Fire Department

Petitioners, the New York Times Company and Jim Dwyer, initiated a CPLR article 78 proceeding and declaratory judgment action seeking the disclosure of records from the Fire Department of the City of New York (FDNY) under the Freedom of Information Law (FOIL), related to the events of September 11, 2001. Their request included oral histories of FDNY personnel and radio communications. The FDNY denied parts of the request, citing exemptions for law enforcement purposes, intra-agency materials, and personal privacy. The court ruled that the FDNY failed to demonstrate the applicability of the law enforcement exemption. Consequently, the court ordered the disclosure of factual portions of the oral histories, the 911 tapes and transcripts of family members who waived privacy, and non-intra-agency parts of operator, dispatcher, and unit communications, while denying petitioners' request for attorneys' fees.

Freedom of Information LawFOILPublic RecordsSeptember 11World Trade CenterFDNYOral HistoriesRadio CommunicationsPrivacy ExemptionLaw Enforcement Exemption
References
14
Case No. MISSING
Regular Panel Decision

New York Times Co. v. Newspaper & Mail Deliverers' Union of New York & Vicinity

The New York Times Company initiated a contempt action against the Newspaper and Mail Deliverers’ Union of New York and Vicinity (NMDU) and three union officials (Douglas LaChance, Lawrence May, Monte Rosenberg). The action stemmed from the defendants' alleged violation of a June 4, 1980 consent order, which mandated compliance with "status quo" rulings by an Impartial Chairman in collective bargaining disputes. On September 17, 1980, NMDU members engaged in a work stoppage following an employee's suspension, despite an Impartial Chairman's ruling that the suspension did not alter the status quo and ordering a return to work. The court found NMDU and Lawrence May guilty of contempt, ordering them to pay $229,718 in compensatory damages to the Times. However, the court denied the application for contempt against Douglas LaChance and Monte Rosenberg, and also denied the Times' request for a prospective fine.

Labor DisputeContempt of CourtNo-Strike ClauseArbitrationCollective Bargaining AgreementWork StoppageDamagesUnion LiabilityWildcat StrikeStatus Quo Ruling
References
11
Case No. MISSING
Regular Panel Decision

Perez v. Time Moving & Storage

Plaintiff Leonor Dátil Perez, acting pro se, sued Time Moving & Storage for $3.9 million in property damage to her newspaper collection, allegedly due to the defendant's negligence. A key dispute arose regarding the presence of Joseph Candella, a principal of Time Moving, during the deposition of the defendant's employees. The motion court initially barred Candella from the depositions, citing plaintiff's claims of intimidation. However, the Appellate Division reversed this order, ruling that the plaintiff's assertions did not meet the 'unusual circumstances' standard required to exclude a party from a deposition under CPLR 3103(a). The court emphasized a party's right to be present per CPLR 3113(c) and Candella's role in assisting counsel and trial strategy.

DepositionsWitness ExclusionCorporate RepresentationPro Se LitigantCivil ProcedureAppellate ReviewCPLR 3113CPLR 3103IntimidationDiscovery Dispute
References
12
Case No. MISSING
Regular Panel Decision

Tasini v. New York Times Co., Inc.

Jonathan Tasini, a freelance writer, filed a complaint against The New York Times Company, challenging a "Release Agreement" offered to writers after a prior copyright infringement judgment (Tasini I). Tasini alleged the agreement, which required writers to waive claims to keep their articles in electronic databases, was unlawful and unenforceable, citing interference with copyright relief, unconscionability, duress, and breach of good faith. The New York Times moved to dismiss for lack of subject matter jurisdiction. The District Court, presided over by Judge Robert L. Carter, granted the dismissal, concluding that Tasini lacked both constitutional and prudential standing and failed to establish federal question jurisdiction, as the dispute largely involved state contract law. The dismissal was without prejudice.

Copyright LitigationArticle III StandingPrudential StandingFederal JurisdictionContract DisputeMotion to DismissDeclaratory ReliefFreelance JournalismElectronic DatabasesSouthern District of New York
References
45
Case No. MISSING
Regular Panel Decision

Allman v. UMG Recordings

Plaintiffs, members of the Allman Brothers Band, sued UMG Recordings, Inc. for breach of contract, alleging unpaid royalties for the period of January 1, 2000, through December 31, 2003. UMG removed the case to federal court based on diversity jurisdiction and moved for summary judgment, arguing the claims were time-barred. The court examined the recording agreements from 1985 and 1994, which included "Objection Provisions" and "Limitation Provisions" requiring written objections within two years and commencing suit within three years, respectively. The court found that Plaintiffs' objections and subsequent lawsuit were untimely for most statements, and no exceptions like waiver or equitable estoppel applied. Consequently, the court granted UMG's motion for summary judgment and dismissed the complaint.

Breach of contractRoyalty paymentsRecording agreementsSummary judgmentStatute of limitationsContractual limitation periodWaiverEquitable estoppelTimeliness of claimsMusic industry law
References
29
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