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

Case No. 00-CV-1228
Regular Panel Decision
Sep 20, 2002

Kepner v. FEDERAL NAT. MORTG. ASS'N

Plaintiffs Edward and Penelope Kepner sued Federal National Mortgage Association and other defendants for injuries Edward sustained after falling through an unsecured floor opening while re-keying a lock at a foreclosed property. Plaintiffs alleged common-law negligence and violations of various New York Labor Law sections. The court dismissed all Labor Law claims, reasoning that re-keying a lock did not constitute construction or repair work covered by the statutes, and the property was not a construction site. However, the court denied both parties' motions for summary judgment on the negligence claim, finding numerous unresolved factual disputes regarding duty of care, breach, causation, and comparative negligence. Consequently, the negligence claim will proceed to trial.

NegligenceLabor LawPremises LiabilitySummary JudgmentForeclosureLocksmith InjuryDuty of CareProximate CauseStatutory InterpretationFactual Dispute
References
20
Case No. ADJ7892653
Regular
Jul 22, 2016

PETER ALVAREZ vs. CALIFORNIA NATIONAL GUARD, STATE OF CALIFORNIA, OFFICE OF THE ATTORNEY GENERAL, UNINSURED EMPLOYERS BENEFITS TRUST FUND, STATE COMPENSATION INSURANCE FUND

The Appeals Board granted the defendant's Petition for Removal, rescinding the order that joined the Office of the Attorney General as a party. The Board found the Attorney General was not a necessary party as the applicant clearly identified the California National Guard as their employer. Furthermore, the Board raised a jurisdictional issue, as National Guard service under Title 32, which may apply here, generally precludes state workers' compensation benefits. The case is returned to the trial level for an evidentiary hearing to determine jurisdiction.

Petition for RemovalOrder Joining Party DefendantCalifornia National GuardState Active DutyTitle 32Title 10Inactive Duty TrainingMilitary and Veterans CodeNachbaurJurisdiction
References
5
Case No. MISSING
Regular Panel Decision

De Luca v. United Nations Organization

A former United Nations security officer filed a lawsuit against the United Nations and eight of its officials, alleging breach of contract, forgery, negligence, civil rights violations, and denial of medical benefits. The plaintiff claimed the U.N. failed to reimburse him for 1988 taxes, issued a fraudulent final pay statement with a forged signature, and unlawfully denied him continued health insurance coverage after his resignation. The defendants moved to dismiss the complaint, asserting immunity under international and federal law. The court denied the plaintiff's motion for default judgment and granted the defendants' motion to dismiss the complaint in its entirety with prejudice, finding that the United Nations and its officials were immune from the action for acts performed in their official capacities.

ImmunityInternational OrganizationsUnited NationsDiplomatic ImmunitySovereign ImmunityBreach of ContractEmployment LawTax ReimbursementMedical BenefitsOfficial Capacity
References
10
Case No. MISSING
Regular Panel Decision

Tardd v. Brookhaven National Laboratory

Malry Tarrd and Otto White sued Brookhaven National Laboratory (BNL) and several individual employees, alleging racial discrimination, retaliation, and breach of contract under Title VII, Title VI, 42 U.S.C. sections 1981, 1985(3), 1986, and the NYSHRL. Plaintiffs described a hostile work environment, racial slurs, a Ku Klux Klan hood incident, and denied promotions. Defendants moved to dismiss the amended complaint on various grounds, including failure to state a claim, statute of limitations, and the federal enclave doctrine. The Court partially granted the dismissal motion, notably dismissing certain individual Section 1981 and NYSHRL claims, all Section 1985 and 1986 claims, and most breach of contract claims, while allowing Tardd's breach of settlement agreement claim to proceed. The Court also denied the defendants' motion regarding the federal enclave doctrine and rejected the plaintiffs' request for Rule 11 sanctions.

Racial DiscriminationRetaliationHostile Work EnvironmentTitle VII42 U.S.C. Section 1981NYSHRLMotion to DismissJudgment on PleadingsFederal Enclave DoctrineElection of Remedies
References
0
Case No. MISSING
Regular Panel Decision

Commer v. American Federation of State, County & Municipal Employees

Roy Commer, a pro se plaintiff, sued the American Federation of State, County and Municipal Employees (AFSCME) alleging violations of federal labor laws, specifically LMRDA §§ 101(a)(2) and 501, LMRA § 301, and 29 U.S.C. § 158, seeking reinstatement as president of Local 375 and substantial damages. AFSCME moved to dismiss all claims and requested sanctions. The court granted the motion to dismiss, finding that the LMRDA § 501 claim against AFSCME was not cognizable under the statute and that the claim against John/Jane Does lacked jurisdiction. The LMRA § 301 claim was dismissed due to collateral estoppel and failure to allege a specific contract breach. The LMRDA § 101 claim was dismissed administratively due to a pending identical prior action. Lastly, the 29 U.S.C. § 158 claim was found to be preempted by the National Labor Relations Act. The court, however, denied AFSCME's motion for sanctions against Commer, citing his pro se status while issuing a warning against future re-litigation of already dismissed claims.

Federal Labor LawLabor Management Reporting and Disclosure ActLabor Management Relations ActNational Labor Relations ActMotion to Dismiss GrantedSanctions DeniedCollateral EstoppelPreemption DoctrinePro Se LitigationUnion Officer Removal
References
43
Case No. 08 Civ. 7831, 09 Civ. 6102, 10 Civ. 2781, 10 Civ. 9184
Regular Panel Decision

Comprehensive Investment Services, Inc. v. Mudd

This Opinion & Order from the Southern District of New York addresses multiple motions to dismiss in consolidated private securities actions. Various plaintiffs, including a class action, Comprehensive Investment Services, Inc. (CIS), Edward Smith, and Liberty, alleged that Federal National Mortgage Association (FNMA), its executives, and certain underwriters made material misstatements concerning FNMA's subprime/Alt-A loan exposure, risk management, and core capital financials. The court denied defendants' motions to strike allegations and dismissed certain federal securities claims related to subprime/Alt-A exposure and risk management against FNMA, Daniel H. Mudd, and Enrico Dallavecchia. However, the court granted motions to dismiss claims regarding core capital financials and dismissed all state law claims against FNMA, Mudd, Dallavecchia, Robert J. Levin, Stephen M. Swad, Goldman, Sachs & Co., Smith Underwriters, and CIS Underwriters, including Liberty's entire complaint and claims against Levin and Swad due to lack of personal jurisdiction.

Securities LitigationMotions to DismissSecurities FraudRule 10b-5Section 10(b) Exchange ActPSLRASLUSA PreemptionFederal National Mortgage AssociationSubprime LoansAlt-A Loans
References
82
Case No. MISSING
Regular Panel Decision
Apr 18, 2011

Brooklyn Heights Ass'n Inc. v. National Park Service

The plaintiffs (Brooklyn Heights Association, Inc. et al.) filed an action against defendants (National Park Service et al.) seeking a preliminary injunction to prevent alleged violations of federal and state law, specifically regarding the Land and Water Conservation Fund Act (LWCFA). The dispute centered on the National Park Service's (NPS) 2008 and 2011 decisions to revise the "6(f)(3) boundary map" for Empire Fulton Ferry State Park, which excluded the Tobacco Warehouse and Empire Stores. Plaintiffs argued these revisions, made under the guise of correcting a "mistake," were arbitrary, capricious, and contrary to LWCFA statutes and regulations, which mandate a conversion process for such changes after a grant closes. The court agreed with the plaintiffs, finding that the administrative record belied any claim of original mistake and that NPS lacked inherent authority to bypass the required conversion procedures. Consequently, the court granted the preliminary injunction, setting aside NPS's decisions, restoring the original boundary map, and enjoining any drilling or construction on the affected structures during the litigation.

Land and Water Conservation Fund ActPreliminary InjunctionAdministrative Procedure ActNational Park ServiceEnvironmental LawHistoric PreservationFederal RegulationsPublic Land UseStatutory InterpretationAgency Action Review
References
38
Case No. MISSING
Regular Panel Decision

Western Mohegan Tribe and Nation v. New York

Plaintiff Roberts, identified as the chief of the non-federally recognized Western Mohegan Tribe and Nation, sought a preliminary injunction against the New York State Office of Parks, Recreation and Historic Preservation (OPRHP). Plaintiffs claimed violations of the Native American Graves Protection and Repatriation Act (NAGPRA), the National Historic Preservation Act (NHPA), and their First Amendment Free Exercise rights concerning the development of Schodack Island into a state park, alleging it holds religious and cultural significance to their tribe. The Court found it lacked jurisdiction over the NAGPRA and NHPA claims, as the Island was neither federal nor tribal land and the project lacked federal funding or required federal authorization beyond a mere access permit. Furthermore, the Court determined Plaintiffs lacked standing for the First Amendment claim due to insufficient proof of their Native American status or their tribe's historical connection to the Island, which historical evidence suggested was inhabited by the Mahicans. Consequently, the Plaintiffs' motion for a preliminary injunction was denied, and the case was dismissed sua sponte for lack of subject matter jurisdiction, with the Court declining supplemental jurisdiction over pendent state claims.

Native American RightsFirst AmendmentFree Exercise ClauseNAGPRANHPAPreliminary InjunctionSubject Matter JurisdictionTribal RecognitionSchodack IslandState Park Development
References
35
Case No. No. 77 Civ. 4712 (MP)
Regular Panel Decision
Mar 27, 1978

National Ben. Fund, Etc. v. Presby. H., Etc.

The National Benefit Fund for Hospital and Health Care Workers and the National Pension Fund for Hospital and Health Care Workers (the Funds) sued Presbyterian Hospital in the City of New York, Inc. (Hospital) to recover allegedly owed contributions based on collective bargaining agreements. The Hospital moved to dismiss, asserting the action was barred by a prior arbitration award between the Union (District 1199, National Union of Hospital and Health Care Employees) and the Hospital, which concerned the same contributions and was dismissed due to the Union's unreasonable delay. The District Court, treating the motion as one for summary judgment, held that the arbitration award had res judicata effect. The court determined that the Funds were either in privity with the Union or acted as third-party beneficiaries subject to the same defenses as the promisee Union. Consequently, the court granted the Hospital's motion to dismiss the complaint.

Arbitration AwardRes Judicata DoctrineEmployee Benefit FundsCollective Bargaining DisputesSummary Judgment MotionHospital Labor RelationsUnion RepresentationERISA ClaimsPreclusionFederal District Court
References
19
Case No. 2021 NY Slip Op 02981
Regular Panel Decision
May 11, 2021

Cruz v. National Convention Servs., LLC

Plaintiff David Cruz appealed a Supreme Court order that granted summary judgment to defendant National Convention Services, LLC, dismissing his complaint for injuries sustained at the Jacob K. Javits Convention Center in 2015. Cruz, an employee of NYCCOC, alleged negligence by Vincent Torres and Anthony Scura, general employees of NYCCOC, claiming they were special employees of National, thereby making National liable. The Supreme Court ruled his claims were barred by the Workers' Compensation Law's exclusive remedy doctrine, finding Torres and Scura were not National's special employees. The Appellate Division affirmed this decision, concluding that National did not supervise or direct the carpenters' work, and NYCCOC remained responsible for their wages, assignments, and on-site supervision. Therefore, the court found, as a matter of law, that Torres and Scura were not special employees of National Convention Services, LLC.

Summary judgmentWorkers' Compensation LawExclusive remedy doctrineSpecial employee doctrineAppellate reviewPersonal injuryNegligenceJavits CenterEmployer liabilityVicarious liability
References
6
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