CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. MISSING
Regular Panel Decision

Equal Employment Opportunity Commission v. Rappaport, Hertz, Cherson & Rosenthal, P.C.

The Equal Employment Opportunity Commission (EEOC) and Melissa Castillo brought claims of sex discrimination, retaliation, and constructive discharge against Rappaport, Hertz, Cherson & Rosenthal, P.C., William Rappaport, and Herbie Gonzalez under Title VII. Castillo sought to intervene in the EEOC's action and assert additional state and city claims, while the defendant moved to compel arbitration of Castillo's claims based on an employment arbitration agreement. The court granted Castillo's motion to intervene and permitted her state and local claims to proceed under supplemental jurisdiction. The court also granted the defendant's motion to compel arbitration for all of Castillo's claims, determining that the arbitration agreement was an employer-promulgated plan and the associated costs would not be prohibitively expensive. The EEOC's action was not stayed, as it was not a party to the arbitration agreement, but Castillo's individual proceedings were stayed pending arbitration.

Sexual HarassmentRetaliationConstructive DischargeTitle VIIArbitration AgreementInterventionEmployment DiscriminationFederal Arbitration ActSupplemental JurisdictionEEOC Enforcement Action
References
51
Case No. MISSING
Regular Panel Decision

Lippman v. Public Employment Relations Board

This proceeding involved the Unified Court System (UCS) challenging a determination by the Public Employment Relations Board (PERB). PERB had found that UCS violated the Taylor Law by unilaterally issuing an administrative order in December 1997 that amended regulations (22 NYCRR part 108) related to court reporters' fees for selling transcripts to litigants. The court reviewed PERB's findings that the new page-rate guidelines and a mandatory "Minute Agreement Form" constituted an improper practice by altering terms of employment. The court concluded that there was no substantial evidence to support PERB's finding that the page-rate guidelines actually limited reporters' compensation. Furthermore, while the Agreement Form did alter some aspects of employment, its impact was minimal and outweighed by UCS's broader mission to ensure understandable, uniform, timely, and affordable access to justice. Therefore, the court annulled PERB's determination and granted the petition.

Public Employment RelationsTaylor LawCourt ReportersTranscript FeesAdministrative OrderCollective BargainingTerms of EmploymentJudicial AdministrationAccess to JusticePublic Policy
References
24
Case No. MISSING
Regular Panel Decision

Equal Employment Opportunity Commission v. American Express Publishing Corp.

The Equal Employment Opportunity Commission (EEOC) filed an action against American Express Publishing Corporation, alleging age discrimination in the termination of J. Stewart Lahey's employment, violating the ADEA. American Express moved for summary judgment, arguing Lahey had released his ADEA claim by signing an agreement for severance pay. A previous summary judgment motion was denied due to factual issues regarding the knowing and voluntary nature of the release. The court, applying factors such as Lahey's education, time to review the agreement, role in negotiation, and clarity of terms, found that while some factors favored dismissal, significant factual disputes remained. These disputes include the actual time Lahey possessed the release, whether he genuinely negotiated its terms, and the extent and understanding of the consideration received. Therefore, the court denied American Express's renewed motion for summary judgment, concluding these issues require a trial.

Age DiscriminationEmployment TerminationRelease AgreementSummary JudgmentVoluntary WaiverKnowing WaiverSeverance PayFactual DisputeADEAEmployee Rights
References
4
Case No. MISSING
Regular Panel Decision

Place v. Ryder

Claimant, who received workers' compensation benefits from a self-insured employer, settled a third-party action. A dispute arose regarding whether the employer had waived its statutory offset rights against the claimant's net recovery from the third-party action, as there was no written agreement. The Workers' Compensation Board affirmed a Workers' Compensation Law Judge's decision, finding that the self-insured employer had reserved its offset rights. The appellate court affirmed the Board's decision, concluding that the employer's attorney's correspondence provided substantial evidence to support the Board's finding that offset rights were explicitly reserved.

Workers' CompensationOffset RightsThird-Party SettlementEmployer's LienStatutory WaiverAttorney CorrespondenceAppellate ReviewSubstantial EvidenceWorkers' Compensation BoardNew York
References
7
Case No. MISSING
Regular Panel Decision

In Re Spectrum Information Technologies, Inc.

This bankruptcy case concerns two motions: the Debtors' request to reject John Marchione's employment agreement and Marchione's application for his severance pay claim to be treated as an administrative expense. John Marchione, former president of a debtor subsidiary, was involuntarily terminated post-petition. The Court, presided over by Chief Judge Conrad B. Duberstein in the Eastern District of New York, ruled that the employment agreement was not an executory contract at the time of the rejection motion. Citing established Second Circuit precedent, the Court held that Marchione's severance pay, despite being calculated based on length of service, accrues entirely upon post-petition termination and thus qualifies as an administrative expense entitled to priority under the Bankruptcy Code. Consequently, the Debtors' motion to reject was denied, and Marchione's claim for $75,000 was granted administrative expense priority.

BankruptcyExecutory ContractsEmployment AgreementSeverance PayAdministrative ExpensePriority ClaimRejection of ContractChapter 11Debtor-in-PossessionSecond Circuit Precedent
References
35
Case No. MISSING
Regular Panel Decision

Trustees of the American Federation of Musicians & Employers' Pension Fund v. Steven Scott Enterprises, Inc.

Plaintiffs, the Trustees of the American Federation of Musicians and Employers’ Pension Fund, brought suit against Steven Scott Enterprises, Inc. seeking an audit of payroll records from 1992-1994 to verify pension fund contributions. Steven Scott moved for summary judgment, asserting that fifteen prior settlement agreements with William Moriarity, a Pension Fund Trustee and Local 802 President, fully settled all monetary claims. The court found that Steven Scott reasonably relied on Moriarity's apparent authority, and the Pension Fund's actions, including cashing checks and failing to repudiate the agreements, established equitable estoppel and ratification. Consequently, the court granted Steven Scott's motion for summary judgment, concluding that the Pension Fund was bound by the agreements and dismissing the plaintiffs' complaint.

ERISALMRAPension FundEquitable EstoppelApparent AuthorityRatificationSettlement AgreementsSummary JudgmentEmployer ContributionsUnion
References
21
Case No. MISSING
Regular Panel Decision
Mar 26, 1991

Backer v. Lewit

The plaintiff sued his former employer, Trendstar Inc., and its officers, Lewit and Bachman, alleging breach of an oral agreement for commissions and fraud. The plaintiff claimed a 1% commission on gross sales for assembling a national sales force, asserting both a contemporaneous and a subsequent oral agreement. The lower court granted summary judgment, dismissing the entire complaint. On appeal, the court affirmed the dismissal of the breach of contract claim, applying the parol evidence rule and noting the written agreement's requirement for written modifications. However, the appellate court reinstated the fraud claim for compensatory damages, distinguishing it as a tort independent of the contract, based on alleged misrepresentations that induced the plaintiff to continue employment and marketing efforts, leading to a loss of reputation. The claim for punitive damages was struck.

Contract DisputeEmployment AgreementCommission DisputeOral ContractParol Evidence RuleFraud ClaimMisrepresentationCompensatory DamagesSummary JudgmentAppellate Review
References
13
Case No. MISSING
Regular Panel Decision

Willo Packing Co. v. Butchers, Food Handlers & Allied Workers Union, Local 174

The Employer sued the Union for breach of a no-strike provision in their collective bargaining agreement, seeking damages. The Union moved to stay the action and compel arbitration, arguing the dispute fell within the agreement's arbitration clause. The Employer countered that the grievance procedure leading to arbitration was exclusively for employee claims. District Judge Edward Weinfeld examined Articles 34 and 36 of the agreement, noting that the language regarding "complaints, grievances and disputes" implied a broader scope for arbitration beyond just employee grievances. Concluding that the no-strike breach could not be excluded with positive assurance from the arbitral process, the court granted the Union's motion, staying the action and directing the parties to arbitration.

Collective BargainingArbitrationNo-Strike ClauseLabor LawFederal CourtsContract InterpretationGrievance ProcedureMotion to StayNew York
References
11
Case No. MISSING
Regular Panel Decision

Williamsbridge Manor Nursing Home v. Local 144 Division of 1199, National Health & Human Services Employers Union

Plaintiff Williamsbridge Manor Nursing Home sought to permanently enjoin an arbitration hearing related to the suspension of its employee, Cynthia Sullivan. The defendant, New York’s Health & Human Services Employers Union 1199/SEIU, AFL-CIO, opposed this motion and cross-moved for summary judgment and/or dismissal. The core issue revolved around whether an obligation to arbitrate survived the expiration of the collective bargaining agreement (CBA) in October 1997, given that the incident leading to Sullivan's suspension occurred in December 1998. The court determined that the dispute did not arise under the expired CBA, nor was there an implied-in-fact agreement to arbitrate post-expiration disputes, as the plaintiff's conduct was inconsistent with implied consent. Furthermore, the court ruled that the plaintiff's petition was not moot, despite the arbitration having already taken place, because the court retains power to act until an arbitration award is confirmed. Consequently, the plaintiff's motion to permanently enjoin the arbitration was granted, and the defendant’s motion to dismiss for mootness was denied.

ArbitrationCollective Bargaining AgreementCBA ExpirationImplied-in-fact ContractFederal Arbitration ActLabor Management Relations ActPermanent InjunctionMootnessEmployee SuspensionJudicial Determination
References
25
Case No. ADJ9531454 MF ADJ9531455
Regular
Dec 03, 2018

MOHAMMAD MORADI vs. NORTHWEST COLORADO TRANSPORT, LLC

The Workers' Compensation Appeals Board (WCAB) rescinded the finding of subject matter jurisdiction, determining that the applicant's contract of hire was concluded in North Dakota, not California, as per the written employment agreement signed there. Consequently, the WCAB lacks jurisdiction under Labor Code sections 3600.5(a) and 5305, which require the contract of hire to be made in California for out-of-state injuries. The WCAB's decision was influenced by the appellate court's ruling in *Tripplett*, which emphasized that a written employment contract signed out-of-state supersedes earlier oral agreements for jurisdictional purposes. As a result, the applicant will take nothing on his claims.

Workers' Compensation Appeals BoardSubject Matter JurisdictionPersonal JurisdictionContract of HireConditions SubsequentGeneral AppearanceWaiverLabor Code Section 5305Industrial InjuryNorth Dakota
References
15
Showing 1-10 of 11,981 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational