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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

In re the Arbitration between Wagner & Kopit

Order unanimously modified in the exercise of discretion by striking out the allowance for costs and disbursements and as so modified affirmed, with $20 costs and disbursements of this appeal to the respondent. No opinion. Present — Glennon, J. P., Cohn, Callahan, Van Voorhis and Shientag, JJ.

Appellate ReviewCosts and DisbursementsOrder ModificationAffirmationJudicial DiscretionUnanimous DecisionAppellate CostsNo Opinion
References
0
Case No. MISSING
Regular Panel Decision

Yamanouchi Pharmaceutical Co. v. Danbury Pharmacal, Inc.

This Memorandum and Order addresses the determination of reasonable attorneys' fees and disbursements following a finding that defendants willfully infringed plaintiffs' patent for famotidine in a previous trial. Judge Owen reviews objections from the defendants regarding various billing practices, including rates, staffing, hotel expenses, and in-house counsel fees. The court ultimately reduces the requested attorneys' fees by 30% to $1,635,440 and awards adjusted disbursements of $400,000, deeming these amounts a fair resolution of the defendants' contentions.

Patent InfringementAttorneys' FeesDisbursement AwardHatch-Waxman ActExceptional CaseLodestar MethodBilling RatesLegal StaffingIn-house CounselExpert Witness Fees
References
17
Case No. MISSING
Regular Panel Decision

In re the Estate of Racz

This case involves an application to compromise a wrongful death claim and enable the receipt of settlement proceeds. The decedent died in a 1977 Bronx County accident caused by an intoxicated driver, who had minimal liability insurance. A significant workers' compensation lien of over $85,000 existed against any recovery. The proposed settlement for $25,000 allocated a portion to the compensation carrier and the remainder to the petitioner after attorney fees. The court reviewed the fee agreement, disallowed certain disbursements, and adjusted the counsel's one-third contingent fee to apply only to the net sum recovered for the client after satisfying the compensation lien, not the full settlement amount. The final decision fixed disbursements at $903.70, counsel fees at $3,865.43, and directed the remaining $7,730.87 to the petitioner.

Wrongful DeathSettlement CompromiseWorkers' Compensation LienAttorney FeesDisbursementsContingent RetainerInsurance CoverageIntoxicated DriverEstate AdministrationAncillary Letters Testamentary
References
9
Case No. MISSING
Regular Panel Decision

Commissioners v. Garcia

This case concerns the Commissioners of the New York State Insurance Fund (NYSIF) seeking to enforce a workers' compensation lien against an injured worker, Augusto Garcia, and his legal counsel, Scalzi & Nofi, PLLC, along with Vincent J. Nofi, Esq. Garcia received workers' compensation benefits after a workplace injury and subsequently settled a third-party personal injury lawsuit. His attorneys disbursed the settlement funds without satisfying NYSIF's lien. The court granted NYSIF's motion for default judgment against Garcia and summary judgment against his attorneys on the issue of liability, confirming that attorneys can be personally liable for disbursing settlement funds with notice of a Section 29 (1) lien. The case will proceed to a trial to determine the precise amount of damages, including an equitable apportionment of litigation costs and the value of future compensation payments.

Workers' Compensation LienAttorney Personal LiabilityDefault JudgmentSummary JudgmentSettlement DisbursementEquitable ApportionmentStatutory InterpretationThird-Party RecoveryProfessional EthicsDamages Assessment
References
30
Case No. MISSING
Regular Panel Decision

Cruz v. McAneney

Patricia McAneney died intestate on September 11, 2001. Her brother, James E McAneney, filed a claim with the 9/11 Victim Compensation Fund. Patricia's domestic partner, Margaret Cruz, also sought compensation from the fund. The Fund increased the award by $253,454 to acknowledge Cruz's domestic partnership, intending this portion for her. However, the full award of $531,541.42 was distributed to James E McAneney, who refused to disburse any part to Cruz. Cruz then sued McAneney to compel disbursement based on constructive trust and unjust enrichment. The Supreme Court denied McAneney's motion to dismiss, and this appellate court affirmed that denial, ruling that New York law and federal legislation intended to compensate surviving domestic partners, making Cruz's claims viable and McAneney's actions inconsistent with good faith.

September 11th Victim Compensation FundDomestic PartnershipConstructive TrustUnjust EnrichmentMotion to DismissAppellate ReviewEstate DistributionFiduciary DutyStatutory InterpretationEquitable Remedies
References
14
Case No. 02 Civ. 8891
Regular Panel Decision

Bristol Investment Fund, Inc. v. Carnegie International Corp.

This Memorandum Opinion and Order, penned by Judge Scheindlin, addresses Bristol Investment Fund's application for attorneys' fees and costs. Previously, the court granted Bristol's summary judgment motion against Carnegie International Corporation on October 30, 2003, resulting in a judgment of $376,091.21. Bristol subsequently sought $17,816.35 for legal fees and expenses, citing various contractual agreements. Carnegie objected to the requested amount, challenging fees incurred after a settlement offer, the experience level of Bristol's attorneys, and the detail of certain disbursements. The court found Bristol's overall request reasonable and warranted, but disallowed costs related to word processing and secretarial work, categorizing them as unrecoverable overhead. Ultimately, the court awarded Bristol $16,711.65, comprising $15,753 in attorneys' fees and $958.65 in disbursements.

Attorneys' FeesSummary JudgmentContract DisputeLitigation CostsPrevailing PartyFederal Rules of Civil ProcedureSettlement OfferOverhead CostsDisbursementsLegal Billing
References
9
Case No. MISSING
Regular Panel Decision

Owens v. Town of Huntington

This case addresses a motion for apportionment of attorneys' fees and expenditures between generic plaintiffs-petitioners and the compensation carrier, Suffolk County, following a $50,000 third-party settlement. The court applied Workers' Compensation Law § 29(1) and the principles from *Matter of Kelly v State Ins. Fund*. The core issue involved determining the carrier's responsibility for litigation costs in a deficiency compensation case, where the third-party recovery is less than the claimant's statutory compensation entitlement. The court ruled that 100% of the reasonable attorneys' fees ($16,666.67) and certain disbursements ($578.08) should be apportioned against the compensation carrier, because the carrier derived the full benefit from the recovery. However, some claimed disbursements like county lawyers' services, expert witness fees, and petitioners' travel expenses were disallowed. Ultimately, the carrier's $24,222.79 lien was offset by $17,244.75, leaving $6,978.04 to be paid to Suffolk County.

ApportionmentWorkers' Compensation Law § 29Third-Party SettlementAttorneys' FeesLitigation CostsCompensation LienDeficiency CompensationSuffolk CountyCourt of Appeals PrecedentDisbursements
References
10
Case No. MISSING
Regular Panel Decision

In re Independent Petroleum Workers of New Jersey

Order unanimously affirmed, with $20 costs and disbursements. No opinion.

References
0
Case No. MISSING
Regular Panel Decision

In re Klein

Order unanimously affirmed, with twenty dollars costs and disbursements. No opinion.

References
0
Case No. MISSING
Regular Panel Decision

Kaufman v. Raimist

The order was affirmed, with ten dollars costs and disbursements. No opinion was provided.

References
0
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