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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

Natural Resources Defense Council v. United States Food & Drug Administration

This Memorandum and Order addresses several motions in a case brought by environmental and public interest groups against the U.S. Food and Drug Administration (FDA). The plaintiffs sought to compel the FDA to initiate proceedings to withdraw approval of certain antibiotics used non-therapeutically in livestock. The court, presided over by Magistrate Judge James C. Francis IV, granted in part the plaintiffs' motion to strike certain documents, adopted the Government's proposed schedule for complying with a previous order, and denied the Government's motion for a stay pending appeal. The judge found the FDA's decades-long delay in fulfilling its statutory duty to be unreasonable, justifying the imposition of a compliance timetable.

Antibiotic ResistanceAnimal Feed RegulationFDA EnforcementAdministrative Procedure ActFood, Drug, and Cosmetic ActMandamusJudicial ReviewStay Pending AppealSummary JudgmentPublic Health
References
41
Case No. Claim 230
Regular Panel Decision
Sep 20, 1994

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

This case involves an appeal by Tribune New York Holdings, Inc. (NY Holdings) of an Administrator's denial of its motions to dismiss or for summary judgment in "Claim 230." Claim 230 originated from EEOC discrimination charges filed by employees of the New York Daily News, alleging ongoing racial discrimination in violation of Title VII of the Civil Rights Act of 1964, stemming from a larger class action suit against the Newspaper and Mail Deliverers’ Union and various publishers. NY Holdings argued that the claimants failed to prosecute diligently under Rule 41(b) and could not substantiate their discrimination claims for summary judgment under Rule 56(c). The District Court, granting deference to the Administrator's findings akin to an arbitrator's decision, affirmed the Administrator's denial of both motions. The court concluded that the Administrator did not abuse his discretion regarding diligent prosecution and that genuine issues of material fact regarding discrimination persisted, thereby precluding summary judgment, while cautioning against further delays.

Employment DiscriminationTitle VIICivil Rights Act of 1964Affirmative ActionConsent DecreeSummary JudgmentDismissal for Want of ProsecutionRule 41(b) Federal Rules of Civil ProcedureRule 56(c) Federal Rules of Civil ProcedureEEOC
References
21
Case No. MISSING
Regular Panel Decision

Maldonado v. Maryland Rail Commuter Service Administration

This case addresses whether a dismissed action, initially brought against a nonexistent entity with improper service, can be refiled against the intended defendant under CPLR 306-b (b). Plaintiff Maldonado was injured in 1992 and filed an action in 1995, naming "Maryland Rail Commuter Service Administration" based on signage, and attempting service on a temporary worker. This first action was dismissed because the named entity did not exist and service was ineffective. Plaintiffs then filed a second action, correctly naming "Maryland Mass Transit Administration." The Supreme Court allowed the second action, but the Appellate Division reversed, holding the first action was not timely commenced. The Court of Appeals affirmed the Appellate Division's decision, ruling that the resuscitative remedy of CPLR 306-b (b) is unavailable when the initial action failed to name an existing entity and lacked proper service, thus the first action was not "timely commenced" against the intended defendant.

Dismissed ActionNonexistent EntityImproper ServiceCPLR 306-b (b)Statute of LimitationsCommencement of ActionPersonal JurisdictionCure of DeficiencyAmendment of ComplaintAppellate Review
References
4
Case No. MISSING
Regular Panel Decision

Templeton v. Veterans Administration

The plaintiff, a probationary federal employee, filed a pro se complaint against the Veterans Administration’s Medical Center, alleging racial discrimination under Title VII and challenging his discharge on other grounds. The court found venue improper for the discrimination claim, noting it should be in California or Missouri based on statutory provisions. For the non-discrimination claim, the court determined the plaintiff failed to show procedural defects or arbitrary action in his dismissal, as the VA followed established regulations and provided rational bases for termination. Consequently, the non-discrimination claim was dismissed, and the discrimination claim was transferred to the Central District of California due to improper venue.

Racial DiscriminationTitle VIIFederal EmploymentVenueProbationary EmployeeWrongful DischargeDue ProcessProperty InterestLiberty InterestAdministrative Decision
References
18
Case No. MISSING
Regular Panel Decision
Jan 20, 2000

Farrell v. Child Welfare Administration

Plaintiff Janet Farrell, acting pro se, filed a lawsuit against the New York City Child Welfare Administration (CWA), alleging wrongful termination based on national origin in violation of Title VII and other civil rights statutes. Farrell claimed she was fired from her caseworker position in 1995 after failing a training program and receiving a low exam score. The Equal Employment Opportunity Commission (EEOC) found no evidence of national origin discrimination, concluding she was terminated due to her failure to complete requisite training. CWA moved for judgment on the pleadings, which the Court granted, dismissing the complaint in its entirety without prejudice. The Court allowed Farrell to file an amended complaint by January 20, 2000, to provide more specific factual allegations to support her claims.

Employment discriminationTitle VIINational origin discriminationPro se litigantRule 12(c) motionJudgment on the pleadingsFailure to state a claimMunicipal liabilityCivil Rights ActNew York Executive Law
References
33
Case No. MISSING
Regular Panel Decision

Arroyo v. Westlb Administration, Inc.

Ricardo Arroyo, a Hispanic male, sued WestLB Administration, Inc. and West-deutsche Landesbank for racial discrimination and unlawful termination under Title VII, the New York State Human Rights Law, and the New York City Human Rights Law. He also alleged negligent infliction of emotional distress and negligent retention of an employee. Arroyo claimed he was subjected to racial slurs and threats from a coworker, Neil Williamson, over a period of two years, leading to his constructive discharge. The Bank moved for summary judgment. The Court found that the alleged incidents, though offensive, were isolated and sporadic, not severe or pervasive enough to create a hostile work environment under Title VII. Consequently, the claims for hostile work environment and constructive discharge were dismissed. The claims for negligent infliction of emotional distress and negligent retention were also dismissed as barred by the Workers’ Compensation Law.

Racial DiscriminationHostile Work EnvironmentUnlawful TerminationSummary JudgmentTitle VIIConstructive DischargeNegligent Infliction of Emotional DistressNegligent RetentionWorkers' Compensation Law ExclusivityFederal Rules of Civil Procedure Rule 56
References
25
Case No. MISSING
Regular Panel Decision
Aug 24, 1990

Public Administrator v. Trump Village Construction Corp.

The plaintiff's decedent, an employee of subcontractor Crown Plastering Corp., suffered fatal injuries after falling from scaffolding during a renovation project. The court affirmed an order that granted partial summary judgment to the plaintiff Public Administrator regarding the liability of general contractor Charles Construction Corp. under Labor Law § 240 (1). It also affirmed partial summary judgment for property owner Trump Village Construction Corp. and lessee Manufacturers Hanover Trust Co. against Charles Construction Corp. for common-law indemnity, finding their liability vicarious. Charles Construction Corp.'s motion for summary judgment against subcontractor Crown Plastering Corp. was denied due to unresolved factual issues regarding comparative fault.

Summary JudgmentLabor Law § 240(1)Scaffolding AccidentWorker FallVicarious LiabilityCommon-Law IndemnityGeneral ContractorSubcontractor LiabilityProximate CauseAppellate Affirmation
References
11
Case No. Z docket
Regular Panel Decision
Oct 29, 2007

Matter of Administration for Children's Servs. v. Silvia S.

The Administration for Children's Services (ACS) filed a motion in Family Court, Queens County, seeking an order to compel the respondent, Silvia S., to produce her psychological, psychiatric, and medical records. ACS argued that these records were necessary to investigate allegations of child neglect involving Silvia S. and her child, Daniel C., following incidents related to her seizure disorder, homelessness, and postpartum depression. The court, presided over by Judge Edwina G. Richardson-Mendelson, denied the motion. The judge found that ACS had not demonstrated a meritorious cause of action for neglect and was improperly seeking pre-petition disclosure to determine if a cause of action existed. The court also emphasized the need for confidentiality under HIPAA and Mental Hygiene Law § 33.13, concluding that the interest of justice did not outweigh the respondent's need for privacy given the lack of a stated cause of action and no harm to the child.

Child NeglectMedical Records DisclosurePsychiatric RecordsPsychological RecordsPre-Petition DisclosureCPLR 3102(c)Family Court Act § 1038(d)HIPAAMental Hygiene Law § 33.13Confidentiality
References
9
Case No. MISSING
Regular Panel Decision

Forsythe v. New York City Department of Citywide Administrative Services

Plaintiff Earl Forsythe, a pro se litigant, filed an employment discrimination lawsuit against the New York City Department of Citywide Administrative Services (DCAS), alleging racial discrimination in violation of Title VII. Forsythe, a security guard employed by Tristar Patrol Services, claimed that DCAS and its employees discriminated against him based on his race by causing his transfer from desirable posts at DCAS-managed facilities to less favorable ones, disrupting his childcare schedule. DCAS moved for summary judgment, arguing it was not Forsythe's direct employer and that Forsythe failed to establish a prima facie case of discrimination or an inference of discriminatory motive. The court determined that a factual issue existed regarding DCAS's "joint employer" liability if a transfer was racially motivated. However, the court found no admissible evidence to suggest that Forsythe's transfers were racially motivated, thus failing the "inference of discrimination" element of his prima facie case. Consequently, DCAS's motion for summary judgment was granted, and Forsythe's Title VII claim was dismissed.

Employment DiscriminationRace DiscriminationTitle VIISummary JudgmentJoint Employer DoctrineAdverse Employment ActionPrima Facie CaseMcDonnell Douglas FrameworkBurden-ShiftingPretext
References
40
Case No. 2020 NY Slip Op 02083 [181 AD3d 949]
Regular Panel Decision
Mar 25, 2020

Klingsberg v. Council of Sch. Supervisors & Adm'rs-Local 1

The plaintiff, Joan Klingsberg, a tenured principal, was removed from her payroll by the New York City Department of Education (DOE) due to financial improprieties. She was represented by Charity Guerra, a staff attorney from her union, the Council of School Supervisors and Administrators-Local 1 (CSA), during disciplinary proceedings. After it was revealed Guerra sought a position with the DOE, Klingsberg declined a new attorney and represented herself. Although the arbitrator upheld termination, the DOE Chancellor overturned it, imposing a six-month suspension and returning Klingsberg to a non-administrative teaching position with back pay, followed by a $200,000 settlement. Klingsberg later sued Guerra for legal malpractice and violation of Judiciary Law § 487, alleging a conflict of interest. The Supreme Court granted Guerra's motion to dismiss, finding the action preempted by federal law and barred by a prior release agreement.

Legal MalpracticeJudiciary Law § 487Federal Labor Management Relations ActPreemptionCollective BargainingConflict of InterestRelease AgreementMotion to DismissAppellate DivisionQueens County
References
5
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