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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
Oct 06, 1992

In re Vanessa E.

This case concerns a custody dispute over Vanessa E., a nine-year-old child whose parents' marriage was dissolved in Iowa. The mother, a New York City resident, filed a custody petition in New York Family Court, alleging physical and sexual abuse by the father. The Family Court initially granted temporary custody to the mother, citing emergency jurisdiction under Domestic Relations Law § 75-d (1) (c) (ii), following a sexual abuse evaluation. Subsequently, the Family Court declined to exercise jurisdiction due to a parallel proceeding initiated by the father in Iowa, though it continued the temporary custody order. The appellate court reversed, holding that the Family Court erred in declining jurisdiction under various sections of the Uniform Child Custody Jurisdiction Act (UCCJA). The appellate court found that New York was a suitable forum given the child's residency and the location of essential witnesses and evidence. Additionally, the court ruled that the Family Court could not continue a temporary custody order after declining subject matter jurisdiction.

Child CustodyEmergency JurisdictionUniform Child Custody Jurisdiction ActDomestic Relations LawSexual Abuse AllegationsForum Non ConveniensFamily CourtAppellate ReviewTemporary CustodyParental Rights
References
7
Case No. MISSING
Regular Panel Decision

Claim of Clifford v. Larkin Restaurant

The employer and its insurance carrier appealed a Workmen's Compensation Board decision, disputing both the causal relationship of a waiter's knee injury to his disability and the Board's jurisdiction due to an alleged untimely appeal. The claimant, injured in May 1964, initially received a schedule loss award. The Board later reopened the case, reversed a Referee's determination of no continuing disability, and awarded continuing benefits, finding the original injury necessitated subsequent surgery. The court affirmed the Board's decision, citing substantial evidence for causal connection and upholding the Board's inherent continuing jurisdictional power under the Workmen's Compensation Law, irrespective of review application time limits.

Workers' Compensation AppealCausal RelationshipPre-existing ConditionAggravation of InjuryContinuing DisabilitySchedule AwardJurisdictionTimeliness of AppealWorkmen's Compensation BoardMedical Testimony
References
6
Case No. MISSING
Regular Panel Decision

North American Thought Combine, Inc. v. Kelly

Petitioner North American Thought Combine, Inc. (Thought) sought to confirm an arbitration award against Respondent Kathleen Kelly (Kelly) concerning a contract for exclusive representation of Kelly's artwork. The arbitrator had determined Thought had a continuing right to represent specific licensed properties and receive compensation, but the agreement for all works had expired. Kelly opposed the confirmation, arguing the federal court lacked subject matter jurisdiction as the amount in controversy did not meet the statutory requirement for diversity jurisdiction. The court agreed with Kelly, ruling that the value of the arbitration award itself, not the underlying arbitration claim, determines the amount in controversy for confirmation petitions. As Thought failed to provide competent proof that the value of its continuing rights exceeded $75,000, the court dismissed the petition for lack of federal subject matter jurisdiction.

Arbitration ConfirmationSubject Matter JurisdictionDiversity JurisdictionAmount in ControversyFederal Arbitration ActContract DisputeExclusive AgencyArtwork LicensingFederal Court DismissalSecond Circuit Precedent
References
8
Case No. MISSING
Regular Panel Decision

Verdi v. United States

This case addresses the application of pendent jurisdiction in a Federal Torts Claims Act (FTCA) case where a state common law claim is asserted against a party over whom there is no independent federal jurisdiction. Plaintiffs brought an action, including a claim against the Town of Huntington, following a slip and fall accident near a U.S. Post Office. The Town of Huntington moved to dismiss for lack of jurisdiction. The U.S. Magistrate recommended retaining jurisdiction, applying the doctrine of pendent-party jurisdiction. The District Court adopted this recommendation, concluding that pendent-party jurisdiction is appropriate in FTCA cases under these circumstances to ensure all claims can be tried in a single federal forum. Therefore, the Town of Huntington's motion to dismiss was denied, and its request for an interlocutory appeal was also denied.

Pendent JurisdictionFederal Tort Claims ActSlip and FallMotion to DismissPersonal InjuryFederal Court JurisdictionState Law ClaimsCommon Nucleus of Operative FactInterlocutory AppealJudicial Economy
References
27
Case No. MISSING
Regular Panel Decision

In re Bridget Y.

The dissenting opinion argues that the New York Family Court improperly exercised temporary emergency jurisdiction over the subject children, Colleen Y. and Kelly Y. While agreeing that New Mexico was the children's home state and a custody proceeding was already pending there, the dissent contends that the strict criteria for an emergency, requiring 'imminent and substantial danger,' were not met. The dissent points out that the New Mexico court had already assumed jurisdiction, transferred custody to an Ohio family, and issued a protective order against the parents, thereby eliminating any immediate risk of abuse or parental control. The opinion concludes that the Family Court's order creates jurisdictional conflict rather than eliminating it, advocating for the reversal of the orders and dismissal of the proceeding for lack of jurisdiction over the children under 18.

Child CustodyUCCJEAEmergency JurisdictionNeglect ProceedingsInterstate JurisdictionNew Mexico LawNew York Family CourtHome State RuleImminent HarmParental Rights
References
14
Case No. MISSING
Regular Panel Decision
Nov 13, 1985

National Union Fire Insurance v. Ideal Mutual Insurance

This case involves an appeal concerning personal jurisdiction over Parthenon Insurance Company. The plaintiff appealed an order denying its motion to reargue and renew opposition to Parthenon's motion to dismiss for lack of personal jurisdiction. The Appellate Division reversed the lower court's decision, granting the plaintiff's motion to reargue and renew, and subsequently denying Parthenon's motion to dismiss without prejudice, allowing for limited discovery on the jurisdictional issue. The central legal question is whether Parthenon, a 'captive' insurer for Hospital Corporation of America (HCA) and its subsidiaries, which conduct business in New York, is subject to personal jurisdiction in New York State. The court found that enough evidence was presented to warrant discovery to establish jurisdiction.

Personal JurisdictionCorporate VeilSubsidiary LiabilityParent CompanyInsurance CoverageMotion to DismissDiscoveryAppellate ReviewCPLRCaptive Insurer
References
4
Case No. MISSING
Regular Panel Decision

Greenblatt v. New York State Labor Relations Board

This declaratory judgment action addresses whether the New York State Labor Relations Board (SLRB) has jurisdiction over a skilled nursing and health-related facility operated by the New York State Commissioner of Health as a receiver. The plaintiff, Robert M. Greenblatt, as the Commissioner's designee, contended that the receivership performed governmental functions, exempting it from SLRB jurisdiction under Labor Law § 715(2). The court examined prior cases involving state agency heads acting as receivers and found the plaintiff's arguments for differentiation unpersuasive. The court ruled that the employees of these facilities are not state employees and that denying SLRB jurisdiction would leave them unable to select union representation, especially given the receivership's prolonged duration. Consequently, the court declared that the SLRB does have jurisdiction over the employees for representational hearings and unfair labor practice matters.

JurisdictionState Labor Relations BoardReceiverPublic Health LawLabor LawSkilled Nursing FacilityHealth-Related FacilityCollective BargainingDeclaratory JudgmentStatutory Interpretation
References
11
Case No. 10 Civ. 3036
Regular Panel Decision
Feb 17, 2011

Industrial Risk Insurers v. 7 World Trade Co.

Industrial Risk Insurers (IRI) petitioned for a stay of arbitration proceedings initiated by 7 World Trade Company, L.P. (7WTCo.) concerning a dispute over a 2005 settlement agreement. This agreement resolved an insurance coverage dispute following the collapse of 7 World Trade Center on September 11, 2001. 7WTCo. alleged breach of contract by IRI regarding a subsequent $1.2 billion property damage settlement. The court, presided over by District Judge Alvin K. Hellerstein, examined subject-matter jurisdiction. It found no diversity jurisdiction due to common citizenship in New York via IRI's member, Swiss Reinsurance America Corporation, and no federal question jurisdiction under the Air Transportation Safety and System Stabilization Act (ATSSSA) because the core dispute was contractual, not directly related to the 9/11 events. Consequently, the action was dismissed for lack of subject-matter jurisdiction.

ArbitrationJurisdictionSubject-Matter JurisdictionDiversity JurisdictionFederal Question JurisdictionATSSSAFAASettlement AgreementContract Dispute9/11 Litigation
References
17
Case No. 01-42217-REG
Regular Panel Decision

Ames Department Stores, Inc. v. Lumbermens Mutual Casualty Co. (In re Ames Department Stores, Inc.)

This document is a report and recommendation from Judge Robert E. Gerber concerning Ames Department Stores, Inc.'s motion to confirm exclusive jurisdiction in an adversary proceeding against Lumbermens Mutual Casualty Company. The proceeding, occurring under Ames' Chapter 11 bankruptcy, addresses the ownership of an $8 million trust account and alleged interference with the debtor's property. Judge Gerber recommends that the court possesses subject matter jurisdiction over all claims, asserting exclusive jurisdiction over specific claims involving automatic stay violations, marshaling, and equitable subordination. Furthermore, he advises that the McCarran-Ferguson Act does not mandate deferral to an Illinois state court for these issues, and the First Assuming Jurisdiction Doctrine is applicable to certain in rem claims.

Bankruptcy LawJurisdictional DisputeExclusive JurisdictionAutomatic Stay ViolationMcCarran-Ferguson ActIn Rem JurisdictionAdversary ProceedingChapter 11 BankruptcySurety BondsCash Collateral
References
65
Case No. ADJ1718605 (RIV 0018154)
Regular
May 20, 2011

SASON COHEN vs. MORTON'S STEAKHOUSE, ESIS, Inc.

In this workers' compensation case, the Appeals Board granted reconsideration, striking the award for additional temporary disability indemnity. The Board clarified that while jurisdiction exists to award temporary disability beyond five years from the injury date if a timely reopening petition is filed, this only applies to continuous disability that bridges the five-year mark. A new, non-continuous period of temporary disability arising more than five years after the injury, even with a timely filed petition, falls outside the Board's jurisdiction. The Board otherwise affirmed the original findings and award.

New and further disabilityStatute of limitationsTemporary total disabilityReconsiderationFindings and AwardQualified medical evaluatorSubstantial evidenceLabor Code section 5410Labor Code section 5803Labor Code section 5804
References
16
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