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

Case No. 15-01392
Regular Panel Decision
Oct 24, 2018

Music Mix Mobile LLC v. Newman (In re Stage Presence, Inc.)

This adversary proceeding involves claims by Music Mix Mobile, LLC and other plaintiffs against Stage Presence, Inc. and its owner, Allen Newman. Plaintiffs alleged they were not paid for services provided for a benefit concert and sought to hold Mr. Newman personally liable for Stage Presence's debts under alter ego or piercing the corporate veil theories. The court analyzed whether Mr. Newman excessively dominated Stage Presence and if this was used to perpetrate fraud or injustice. The decision concluded that Stage Presence maintained its separate corporate identity in key financial and operational aspects, and Mr. Newman genuinely believed the concert's funding was legitimate. Consequently, the court dismissed the alter ego claims against Mr. Newman while allowing the underlying claims against Stage Presence.

Bankruptcy LawAlter Ego DoctrinePiercing the Corporate VeilCorporate LiabilityCreditor ClaimsDebtor-Creditor LawFraudulent MisrepresentationContractual ObligationsCorporate FormalitiesUndercapitalization
References
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Case No. MISSING
Regular Panel Decision

Stage Stores, Inc. v. Jon Gunnerson

Justice Harvey Brown concurs with the court's decision, which remands an arbitration award because it failed to provide a reasoned basis for rejecting a key contention. Brown argues that the arbitrator's award was not "reasoned" as it completely omitted discussion of Stage's third critical contention regarding Gunnerson's lack of proper notice and opportunity to cure an alleged breach of an employment agreement. He criticizes existing definitions of "reasoned award" as sometimes inadequate, proposing that such awards must offer basic explanations for rejecting key arguments unless those contentions are frivolous or implicitly addressed. Brown concludes that the omission of Stage's dispositive notice-and-cure defense rendered the arbitration award unreasoned under both existing legal precedent and his proposed comprehensive definition.

Arbitration LawContract InterpretationReasoned AwardJudicial ReviewConcurring OpinionEmployment AgreementNotice and CureGood Cause TerminationArbitrator DutiesAppellate Procedure
References
44
Case No. 2022-04-0022
Regular Panel Decision
Dec 18, 2024

Beach, Rhonda v. Hilltoppers, Inc.

Ms. Beach requested an expedited hearing for authorization of a second medical opinion after suffering a left-biceps tear and developing significant shoulder arthritis. Her authorized physician, Dr. Rappe, diagnosed a work-related biceps rupture but considered her end-stage osteoarthritis non-work-related, believing biceps surgery would not alleviate her pain. Although Dr. Rappe referred her for a second opinion to 'provide comfort' due to her dissatisfaction, the employer denied the request. The Court found that Dr. Rappe's medical records rebutted the presumption of medical necessity, as his referral was based on placating Ms. Beach rather than treating a work-related injury. Consequently, the Court denied Ms. Beach’s request for a second medical opinion.

References
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Case No. MISSING
Regular Panel Decision
Jan 25, 2001

Adair v. Bestek Lighting & Staging Corp.

Plaintiff, a stagehand, was injured when a man-lift fell while she was focusing overhead lights above a temporary stage. The Supreme Court, New York County, denied her motion for partial summary judgment on her Labor Law § 240 (1) claim. On appeal, the order was modified to grant summary judgment dismissing plaintiff’s Labor Law § 240 (1) claim, and otherwise affirmed. The court held that the activity of focusing already-installed lights did not constitute "erection" or "altering" of a structure within the meaning of Labor Law § 240 (1), explicitly rejecting the "integral and necessary" test for expanding the statute's scope. The dissenting justices argued that the light-focusing was a required step in completing the construction of the temporary stage and therefore fell within the protection of Labor Law § 240 (1), distinguishing it from routine maintenance or minor alterations.

Stagehand InjuryMan-lift AccidentLabor LawStatutory InterpretationConstruction Site SafetySummary Judgment DismissalAppellate ReviewIntegral and Necessary DoctrineErection ActivitiesAltering Activities
References
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Case No. MISSING
Regular Panel Decision

New York City Coalition to End Lead Poisoning, Inc. v. Vallone

This case addresses whether the New York City Council adhered to the State Environmental Quality Review Act (SEQRA) when enacting Local Law No. 38 (1999), intended for lead paint abatement. The City Council issued a negative declaration, asserting no significant adverse environmental impact. However, the Court of Appeals found this declaration insufficient, specifically noting a lack of reasoned explanation for excluding lead dust from the hazard definition and removing six-year-old children from the law's protections. This non-compliance with SEQRA's procedural mandates led to the nullification of Local Law 38, thereby reinstating Local Law 1 (1982). The Court reversed the Appellate Division's decision and remitted the case, encouraging the involved parties to collaborate in safeguarding New York City's children from lead exposure.

Lead paint abatementEnvironmental lawSEQRA complianceLocal Law 38Local Law 1Negative declarationPublic health concernsChildhood lead poisoningAdministrative proceduresNew York City Council
References
21
Case No. MISSING
Regular Panel Decision

East End Eruv Ass'n v. Village of Westhampton Beach

The court denied a preliminary injunction sought by the East End Eruv Association and individual plaintiffs against three municipalities (Westhampton Beach, Quogue, Southampton) regarding the establishment of an eruv using utility poles. Plaintiffs alleged violations of the Free Exercise Clause, RLUIPA, and tortious interference with contract. The motion was denied against Southampton Defendants because the action was not ripe and plaintiffs were unlikely to succeed on the merits, failing to prove selective enforcement, a property interest, or contract breach. The motions against Quogue and Westhampton Beach Defendants were denied without prejudice due to the interdependence of the requested relief across all municipalities.

Religious FreedomEruvLand Use RegulationZoning OrdinanceFree Exercise ClauseRLUIPATortious InterferencePreliminary InjunctionRipeness DoctrineSelective Enforcement
References
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Case No. MISSING
Regular Panel Decision

Martegani v. Cirrus Design Corp.

Micaela Martegani, individually and as natural guardian of her minor child, commenced a wrongful death action against Cirrus Design Corporation and East End Aviation following her husband's death in a 2006 plane crash. The parties reached a settlement, and Martegani sought court approval, including attorney's fees and the establishment of a trust for the minor child's share. The court approved the settlement in principle, but significantly reduced the requested attorney's fees by 30% due to the absence of contemporaneous time records. Additionally, the court denied the recovery of "case expenses" and a $5,000 reserve due to insufficient documentation. The final order authorized Martegani to settle the claims, with specific allocations for attorney's fees, the minor child's trust, and Martegani's personal compensation.

Infant SettlementWrongful DeathPlane CrashAttorney FeesContingency FeeCourt ApprovalMinor Child TrustSettlement AllocationCase ExpensesDocumentation Requirements
References
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Case No. MISSING
Regular Panel Decision

1199seiu Nat'l Benefit Fund v. Allergan, Inc. (In re Restasis (Cyclosporine Ophthalmic Emulsion) Antitrust Litig.)

This multi-district litigation addresses defendant Allergan's alleged anticompetitive efforts to delay FDA approval of generic versions of its dry-eye medication, Restasis®. Plaintiffs, comprising Direct Purchaser Plaintiffs and End-Payor Plaintiffs, contend Allergan engaged in various unlawful strategies, including filing sham citizen petitions, defrauding the USPTO to secure "second-wave" patents, wrongfully listing these patents, initiating sham patent infringement lawsuits, and transferring patents to a Native American tribe to invoke sovereign immunity. Allergan moved to dismiss the consolidated complaints, asserting that plaintiffs failed to plausibly allege that its actions caused any delay in generic market entry. The court, however, denied Allergan's motion, concluding that the plaintiffs had adequately pleaded that Allergan's aggressive and persistent tactics could have effectively delayed competition.

AntitrustPharmaceutical IndustryGeneric DrugsFDA ApprovalPatent InfringementCitizen PetitionsHatch-Waxman ActMonopolyRestasisDry Eye Medication
References
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Case No. MISSING
Regular Panel Decision

BML Stage Lighting, Inc. v. Mayflower Transit, Inc.

This case addresses whether a carrier can assert a lien on property owned by a third party who was not involved in the shipping contract. Mayflower Transit, Inc. claimed a lien on lighting equipment belonging to BML Stage Lighting, Inc. and Carbine Management, Inc. after the lessee, SportsLab, Inc., failed to pay transportation and storage fees and declared bankruptcy. The trial court sided with Mayflower, but BML appealed. The appellate court examined both contractual and common law lien claims. It determined that no contractual lien existed because BML was a stranger to Mayflower's contract with SportsLab, and there was no evidence of apparent authority. The court also ruled that Mayflower acted as a contract carrier, not a common carrier, in this specific instance, thus precluding a common law lien. Therefore, the appellate court reversed the judgment, finding no valid lien, and remanded for a new trial on BML's conversion claims.

Carrier's LienContract LawCommon Law LienApparent AuthorityShipping ContractThird-Party LiabilityConversionMootness DoctrineStandard of ReviewInterstate Commerce Act
References
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Case No. MISSING
Regular Panel Decision

Barker v. Madison Associates

Fred Barker, a window cleaner, sued Swing Stage Limited and 527 Madison Avenue Holdings, Inc., for injuries sustained on July 17, 1990, while attempting to exit a malfunctioning scaffold at 527 Madison Avenue. Barker alleged common law negligence and violations of N.Y. Labor Law §§ 202 and 240(1). The court denied Barker's motion for summary judgment on liability and granted the defendants' cross-motion for summary judgment. The court found Labor Law § 240(1) inapplicable, as Barker's injury did not result from a fall from a height or being struck by a falling object, but from climbing over a railing. Furthermore, the court determined that Barker's injury was not proximately caused by the defendants' actions, as he was in a safe position and his chosen method of extrication was an unnecessary and dangerous course of action, thus dismissing all statutory and common law claims, including a derivative claim by Gerri Barker.

Summary JudgmentLabor LawScaffold SafetyProximate CauseContributory NegligenceWorker InjuryWorkplace SafetyPremises LiabilityStatutory InterpretationFederal Rules of Civil Procedure Rule 56
References
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