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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

State v. New York State Public Employment Relations Board

The Communications Workers of America/Graduate Employees Union (CWA) petitioned the Public Employment Relations Board (PERB) to be certified as the bargaining representative for graduate and teaching assistants at State University of New York (SUNY) campuses. Initially, PERB's Director dismissed the petition, concluding that these assistants were not 'public employees' under the Taylor Law, applying a balancing test. PERB subsequently rejected this balancing test, establishing a new standard focused on the existence of a regular and substantial employment relationship not explicitly excluded by the Legislature. Under this new standard, PERB reversed the Director's decision, determining that graduate and teaching assistants are covered employees and constitute an appropriate bargaining unit. SUNY then initiated a CPLR article 78 proceeding to annul PERB's determination, arguing legal error in PERB's adopted test and that collective bargaining for academic issues violated public policy. The court upheld PERB's interpretation as reasonable and legally permissible, affirming PERB's determination and dismissing SUNY's petition.

Collective BargainingPublic EmployeesTaylor LawGraduate AssistantsTeaching AssistantsPublic Employment Relations BoardPERBCivil Service LawEmployment RelationshipPublic Policy
References
14
Case No. MISSING
Regular Panel Decision
Jun 01, 2009

People v. Nunn

This case addresses whether a court's discretion to deem a misdemeanor complaint charging a drug offense as an information, without a field test or laboratory analysis, violates a defendant's due process rights. The court distinguishes People v Kalin and Matter of Jahron S., applying the three-factor test from Mathews v Eldridge. It concludes that the substantial private interest in physical liberty and the risk of erroneous deprivation necessitate a laboratory report or field test in most drug-related cases, imposing minimal burden on the prosecution. Specifically, for defendant Mr. Nunn, the misdemeanor complaint was deemed an information on June 1, 2009, after the certified laboratory analysis was filed.

Due ProcessCriminal ProcedureMisdemeanorControlled SubstanceDrug PossessionMisdemeanor InformationMisdemeanor ComplaintPrima Facie CaseLaboratory AnalysisField Test
References
21
Case No. MISSING
Regular Panel Decision
Dec 01, 2010

Commissioner of Social Services v. Dimarcus C.

The Family Court in New York County denied the appellant's motion for genetic testing and affirmed an order of filiation declaring the appellant to be the father of the subject child. The court found it was in the child's best interest to estop the respondent from denying paternity, as the respondent had consistently presented himself as the father to family, friends, and the child, providing support and care. Additionally, the 12-year-old child believed the respondent was his father. The court was not required to identify the biological father, having already dismissed a petition against another individual who was excluded by DNA testing, and a father-son relationship existed between the child and the respondent.

Paternity DisputeFiliation OrderEquitable EstoppelChild WelfareParental RightsGenetic Testing DenialAppellate ReviewFamily Court DecisionBest Interest of ChildImplied Paternity
References
1
Case No. MISSING
Regular Panel Decision
Aug 21, 2006

Perez v. Munoz

The father appealed a Family Court order from Kings County, dated August 21, 2006, which denied his petition to modify a prior visitation order and for paternity testing. Specifically, he sought to have a social worker transport his children to his place of incarceration for visitation. The appellate court affirmed the Family Court's decision, stating that the court lacked jurisdiction to compel relief against an un-summoned social worker or agency. Additionally, the denial of paternity testing was upheld, as the proper procedure for challenging or establishing paternity, without a support order being sought, is through a separate Family Court Act article 5 proceeding.

CustodyVisitationPaternity TestingIncarcerationFamily Court ActAppellate ReviewJurisdictionFamily LawParental RightsJudicial Procedure
References
3
Case No. MISSING
Regular Panel Decision

Gross v. New Balance Athletic Shoe, Inc.

Plaintiffs Ellen M. Sullivan and Mark Gross filed an antitrust class action lawsuit against New Balance Athletic Shoe, Inc., alleging a vertical resale price maintenance scheme that violated antitrust laws and New York’s Consumer Protection Act. They claimed to have suffered economic injury due to inflated shoe prices. Defendant New Balance moved to dismiss the complaint. District Judge Sweet granted the motion to dismiss, ruling that the plaintiffs lacked standing because they could not demonstrate direct injury from purchasing from conspiring retailers. The court also dismissed the pendent state law claims without prejudice, granting plaintiffs leave to refile the complaint within 30 days, provided they limit the class to those who purchased from conspiring retailers.

AntitrustClass Action LawsuitResale Price MaintenanceSherman Act Section 1Clayton Act Section 4Consumer StandingMotion to DismissEconomic InjuryPrice Fixing SchemeIndirect Purchaser Standing
References
38
Case No. MISSING
Regular Panel Decision

People v. Rodriguez

The defendant, indicted for resisting arrest and DWI, filed a motion to prevent the District Attorney from using evidence of his refusal to take a chemical test at trial. The defendant argued that admitting such evidence violates his Fifth Amendment rights against self-incrimination, despite a 1973 amendment to Vehicle and Traffic Law § 1194 that permitted it. The court analyzed precedents, distinguishing between the non-testimonial nature of the test itself and the communicative nature of a refusal. It concluded that a refusal constitutes a communication, thus falling under Fifth Amendment protection. Consequently, the court granted the defendant's motion, ruling that such evidence is inadmissible.

Fifth AmendmentSelf-incriminationChemical Test RefusalDWIAdmissibility of EvidenceConstitutional RightsTestimonial EvidenceImplied Consent LawPreclusion MotionCriminal Procedure
References
19
Case No. MISSING
Regular Panel Decision

In Re J.P. Morgan Chase Cash Balance Litigation

Plaintiffs alleged that the JPMorgan Chase Retirement Plan implemented by JPMorgan Chase violated ERISA by being age discriminatory and by failing to provide adequate notice of reduced benefit accruals after converting to a cash balance plan. Defendants moved to dismiss all remaining counts. The court denied the motion to dismiss for the age discrimination claim (Count I) and the notice claims (Counts IV-VI), interpreting ERISA's "rate of benefit accrual" to refer to the employee's retirement benefit, which is detrimentally affected for older workers in cash balance plans. The court found that the plan conversion could lead to a significant reduction in benefit accrual, requiring notice. Counts II and III, related to back-loading and forfeiture claims, were dismissed as they had been withdrawn by the plaintiffs.

ERISAAge DiscriminationCash Balance PlansDefined Benefit PlansDefined Contribution PlansBenefit AccrualStatute of LimitationsMotion to DismissNotice RequirementsSummary Plan Description
References
23
Case No. MISSING
Regular Panel Decision
Nov 09, 2001

Smith v. Potter

Plaintiffs sought a preliminary injunction to compel the United States Postal Service (USPS) to shut down and decontaminate the Morgan Processing and Distribution Center and to test all related postal facilities for anthrax due to contamination. The Court denied the application to shut down the Morgan Facility, finding that plaintiffs failed to meet the high standard for a mandatory injunction and that the balance of hardships tipped in favor of the defendant. The Court deferred to the scientific judgment of the Centers for Disease Control and Prevention (CDC), which concluded that the anthrax contamination no longer posed an imminent and substantial public health risk. However, the Court directed the USPS to immediately test the James A. Farley Station for anthrax and to conduct extermination services for a rodent problem at the Morgan Facility. The Court also ruled that sovereign immunity barred the plaintiffs' public nuisance claim seeking injunctive relief.

AnthraxBioterrorismPreliminary InjunctionRCRAPublic HealthCDCSovereign ImmunityPostal ServiceDecontaminationEnvironmental Law
References
14
Case No. MISSING
Regular Panel Decision
May 24, 2013

Xuedan Wang v. Hearst Corp.

Plaintiffs, former unpaid interns at Hearst Corporation magazines, moved for partial summary judgment and class certification, alleging violations of the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL) regarding minimum wage, overtime, and recordkeeping. They sought to certify a class of unpaid interns at Hearst Magazines in New York between February 2006 and the date of final judgment. The Court discussed the applicable legal standards for defining an "employee" under FLSA, considering the "immediate advantage" standard, the "totality of circumstances" balancing test, and the Department of Labor's six-factor test. The Court found genuine disputes of material fact for summary judgment purposes, particularly concerning the nature of the internships, benefits to interns, supervision, and impediment to Hearst's operations. Consequently, both motions were denied, as commonality and predominance requirements for class certification were not met due to the highly individualized nature of the internships across Hearst's various magazines and departments.

Unpaid InternsFLSANYLLWage and HourClass ActionSummary JudgmentClass CertificationEmployee MisclassificationIntern CompensationLabor Law
References
26
Case No. MISSING
Regular Panel Decision

Holtz v. E & E Drilling & Testing Co.

The Supreme Court erred in denying defendant E & E Drilling and Testing Company, Inc. (EEDT) permission to serve an amended answer. The proposed amendment sought to allege that workers' compensation benefits constitute the plaintiff's sole remedy. The appellate court ruled that leave to amend should be freely granted, and the plaintiff failed to demonstrate any prejudice. Furthermore, the court identified a factual dispute regarding the decedent's employment status at the time of the accident, which means the defendant's defense cannot be deemed meritless as a matter of law. Consequently, the original order was unanimously reversed, and the defendant's motion to serve an amended answer was granted.

Workers' Compensation BenefitsAmended PleadingsAffirmative DefensesEmployment StatusSole Remedy DoctrineAppellate ReviewProcedural ErrorLeave to AmendMaterial Issue of FactDenial of Motion
References
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