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

Case No. 05-13-00748-CV
Regular Panel Decision
Oct 09, 2015

Parallel Networks, LLC v. Jenner & Block LLP

Parallel Networks, LLC appealed a trial court's judgment affirming an arbitration award in favor of Jenner & Block, LLP. Parallel argued the termination provision of the contingent fee agreement was unconscionable and against public policy, and that Jenner abandoned its client. The arbitrator found Jenner had just cause to terminate representation due to unpaid expenses and that the termination fee provision was enforceable. The arbitrator also found Jenner was entitled to recover $3,000,000 under quantum meruit or breach of contract, plus a percentage of future settlement proceeds. The Court of Appeals affirmed the trial court's judgment, rejecting Parallel's arguments and finding no error in the arbitrator's decision or exclusion of evidence.

Arbitration AwardAttorney FeesContingent Fee AgreementContract TerminationQuantum MeruitPublic PolicyUnconscionabilityLegal MalpracticeBreach of Fiduciary DutyPatent Infringement Litigation
References
13
Case No. 2017 NY Slip Op 08303
Regular Panel Decision
Nov 28, 2017

Prevost v. One City Block LLC

Plaintiff Ronald Prevost, a laborer, was injured after slipping on a loose sprinkler pipe at a construction site owned by One City Block LLC. He and his wife sued One City for common-law negligence and Labor Law violations. One City then commenced a third-party action against Island Fire Sprinkler, Inc., the subcontractor responsible for installing the sprinkler system, seeking contractual and common-law indemnification and alleging breach of contract for failure to procure insurance. The Supreme Court denied various summary judgment motions. On appeal, the Appellate Division modified the order, granting One City's motion for summary judgment dismissing the Labor Law § 200 and common-law negligence claims, and granting One City's claim for contractual indemnification by Island Fire. The court also denied Island Fire's motion for summary judgment dismissing One City's claim against it for contractual indemnification and breach of contract for failure to procure insurance. Finally, the Appellate Division affirmed the denial of One City's motion for post-note-of-issue discovery seeking additional independent medical examinations of plaintiff.

Construction accidentLabor LawPremises liabilitySummary judgmentContractual indemnificationBreach of contractInsurance procurementPost-note-of-issue discoveryIndependent medical examinationAppellate procedure
References
16
Case No. MISSING
Regular Panel Decision

H & R BLOCK, LTD. v. Housden

H&R Block, Ltd. sued former employees in state court for breaching non-compete covenants. The defendants counterclaimed, alleging Fair Labor Standards Act (FLSA) violations against H&R Block and four other entities. Two of these counterclaim defendants, not H&R Block, removed the case to federal court based on a federal question. The original defendants moved to remand, arguing FLSA cases are not removable and counterclaim defendants lack standing. The court denied the motion to remand, ruling that FLSA cases are removable and that counterclaim defendants, if not original plaintiffs and if the counterclaim is separate and independent, have standing to remove. The court found the FLSA claim to be separate and independent from the original non-compete claim.

RemovalFederal Question JurisdictionFair Labor Standards ActFLSANon-compete ClauseCovenant Not to CompeteCounterclaimStanding to RemoveFederal District CourtFifth Circuit Precedent
References
24
Case No. MISSING
Regular Panel Decision

Block Coal & Coke Co. v. United Mine Workers

This dissenting opinion addresses a claim for unemployment compensation benefits by thousands of coal miners (United Mine Workers of America, District No. 19) against their employers, the Block Coal and Coke Company and other coal operators, for the period of April 1 to May 8, 1939. The core legal question is whether their unemployment stemmed from a 'labor dispute' under Tennessee law, which would disqualify them from benefits. The Commissioner of Labor initially granted benefits, reversed by the Board of Review, then reinstated by the Chancery Court. The coal operators appealed. Justice DeHaven dissents, arguing that the unemployment was due to the expiration of a collective bargaining agreement and ongoing negotiations, not an active labor dispute. He contends that deeming negotiations a dispute would undermine collective bargaining and that the statute requires a localized labor activity like a strike or lockout at the workplace. He concludes that the chancellor's decision to allow benefits should have been affirmed, implying the majority denied the benefits.

Unemployment CompensationLabor DisputeCollective BargainingContract ExpirationStatutory InterpretationTennessee Unemployment Compensation LawWorkers' RightsEmployer-Employee RelationsAppellate CourtDissenting Opinion
References
6
Case No. 2019-03-1529
Regular Panel Decision
Mar 08, 2024

Alvarez, Toriba v. LFC Enterprises, Inc.

Ms. Toriba Alvarez sustained a left-ankle injury in February 2019 while working for LFC Enterprises, Inc., which was accepted as compensable. She received various treatments, including a peripheral nerve block that provided significant relief for three months. However, LFC Enterprises denied subsequent authorizations for further nerve blocks and a peripheral nerve stimulator trial based on utilization review findings. The Court, giving greater weight to the pain management provider's recommendations over utilization review, ruled that Ms. Alvarez is likely to prevail on her entitlement to the peripheral nerve block. Consequently, LFC Enterprises is ordered to authorize the peripheral nerve block, and a scheduling hearing is set for June 7, 2024.

Workers' CompensationAnkle InjuryNerve BlockPain ManagementUtilization ReviewTreatment AuthorizationMedical NecessityExpedited HearingDenial of BenefitsEmployee Rights
References
1
Case No. 2019 NY Slip Op 07947 [177 AD3d 679]
Regular Panel Decision
Nov 06, 2019

Gerardi v. I.J. Litwak Realty Ltd. Partnership

Lisa Gerardi, a school bus driver, sustained personal injuries after a fall in a bus terminal parking lot. She initiated a personal injury action against the property owner, I.J. Litwak Realty Limited Partnership, and the lessee, Block 7932, Inc. The defendants moved for summary judgment, asserting that Block 7932, Inc. was an alter ego of Gerardi's employer, thus invoking the Workers' Compensation Law's exclusivity defense. The Supreme Court initially granted their motion. However, the Appellate Division reversed the decision, citing conflicting evidence regarding the actual identity of the plaintiff's employer, which precluded summary judgment for Block 7932, Inc.

Personal injurySummary judgmentWorkers' Compensation LawExclusivity defenseAlter egoEmployer liabilityAppellate reviewConflicting evidenceBus terminalParking lot fall
References
4
Case No. ADJ6772495; ADJ7394371; ADJ11006855; ADJ7648530; ADJ6788916
Regular
Oct 22, 2025

Amy Stacy Bosko, Elsie Gonzales, Marilyn Lonzanida, Ray Dunhams, Kuchita Hawthorne vs. Learning Care Group, Coca Cola Enterprises, IHSS Solano County, AC Transit, UPS

Applicants Amy Stacy Bosko, Elsie Gonzales, Marilyn Lonzanida, Ray Dunhams, and Kuchita Hawthorne filed a joint Petition for Removal challenging a Workers' Compensation Judge's (WCJ) July 13, 2022 orders. These orders denied their petitions to set their cases on a non-OD-Legal block day and to terminate all OD-Legal Block days at the Oakland District Office, citing the WCJ's lack of authority. The Appeals Board, after reviewing the petition and the WCJ's report, denied the Petition for Removal. The Board determined that removal, an extraordinary remedy, was not warranted as the petitioners failed to show substantial prejudice or irreparable harm, nor that reconsideration would be an inadequate remedy.

Petition for RemovalWCABWCJOD-Legal Block DayScheduling AuthorityExtraordinary RemedySubstantial PrejudiceIrreparable HarmReconsiderationAppeals Board
References
7
Case No. MISSING
Regular Panel Decision
Oct 29, 2003

McLaughlin v. Malone & Tate Builders, Inc.

The plaintiff, a mason employed by a subcontractor, was injured on a construction project in July 1998 when concrete blocks fell from a scaffold level above him. He commenced an action alleging violations of Labor Law §§ 200, 240 (1), and 241 (6) against the defendant, the general contractor. Supreme Court granted the defendant's motion for summary judgment and denied the plaintiff's cross-motion. The Appellate Division affirmed the Supreme Court's order, finding that the blocks were being incorporated into the work, not stored, and thus Labor Law § 240 (1) regarding securing devices was not applicable. Additionally, the court found no normal exposure to falling objects to warrant overhead protection under Industrial Code 12 NYCRR 23-1.7 (a) (1) and (2).

Construction accidentScaffoldingFalling objectsLabor Law § 240 (1)Labor Law § 200Labor Law § 241 (6)Summary judgmentGeneral contractor liabilityIndustrial Code violationWorker injury
References
3
Case No. 2021 NY Slip Op 00572 [191 AD3d 692]
Regular Panel Decision
Feb 03, 2021

Penny v. County of Suffolk

In a personal injury action, plaintiff Harry Penny, a track coach, tripped and fell over starting blocks during a track meet. Defendants New York State Public High School Athletic Association, Inc., and Section XI moved for summary judgment, arguing they neither controlled the premises nor created the dangerous condition, and that plaintiff assumed the risk. The Supreme Court denied their motion. The Appellate Division affirmed, finding that evidence raised triable issues of fact regarding the defendants' responsibility for the equipment and the creation of the hazardous condition. Furthermore, the Appellate Division concluded that the defendants failed to establish a prima facie case that the plaintiff assumed the risk or that the starting blocks constituted an open and obvious, non-inherently dangerous condition.

Personal InjurySummary JudgmentPremises LiabilityDangerous ConditionTrip and FallSports EventAssumption of RiskContributionIndemnificationAppellate Review
References
10
Case No. MISSING
Regular Panel Decision

League of Voluntary Hospitals & Homes v. Local 1199, Drug, Hospital & Health Care Workers Union

The court addresses an application for a preliminary injunction against Local 1199, a union planning a three-day strike. The League of Voluntary Hospitals and Homes of N. Y. sought the injunction following a previous temporary restraining order concerning a one-day strike. The union argued that each planned strike required a new legal proceeding, but the court deemed the strikes "episodic and organically connected." Citing concerns about blocked ingress/egress to hospitals and the union president's threats to "shut down" facilities, the judge found a preliminary injunction necessary under Labor Law § 807 to protect public health and safety. The injunction restrains the union from unlawfully interfering with hospital operations, blocking access, and picketing within certain distances of hospital entrances and emergency rooms.

Labor DisputePreliminary InjunctionStrike ActionUnion ActivityHospital AccessPicketing RegulationsCollective BargainingCivil Disobedience ThreatPublic Health and SafetyIngress Egress Interference
References
1
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