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

Case No. 03-CV-690
Regular Panel Decision

Seneca-Cayuga Tribe v. Town of Aurelius

The Seneca Cayuga Tribe of Oklahoma initiated this action in June 2003, seeking a declaration of sovereign jurisdiction and immunity from state and local zoning and taxation laws over 229 acres of land it owns in fee simple within the municipal boundaries of the Towns of Aurelius and Montezuma, and the County of Cayuga. A stay was in effect since November 2004. State Defendants (George Pataki, Eliot Spitzer) and Municipal Defendants filed a joint motion for judgment on the pleadings. The Tribe also attempted to assert a right to conduct Class II gaming under the Indian Gaming Regulatory Act (IGRA) on the property. The court denied the Tribe's IGRA claim due to its late assertion. Applying the precedent set in City of Sherrill v. Oneida Indian Nation of New York and Cayuga Indian Nation of New York v. Pataki, the court granted the defendants' motion for judgment on the pleadings, holding that the equitable doctrine of impossibility bars the Tribe from asserting immunity from state and local zoning and taxation laws and regulations. The stay was lifted, and other pending motions were deemed moot.

Indian Land ClaimsTribal SovereigntyState TaxationLocal ZoningEquitable DoctrinesLachesImpossibility DoctrineIndian Gaming Regulatory Act (IGRA)Motion for Judgment on PleadingsFederal Rules of Civil Procedure 12(c)
References
13
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. ADJ2238226
Regular
Mar 04, 2013

JUDINE JACOBS vs. RIVERSIDE-SAN BERNARDINO COUNTY INDIAN HEALTH, INC.

The Workers' Compensation Appeals Board affirmed the dismissal of an applicant's claim, finding it lacked jurisdiction due to Indian tribal sovereign immunity. The applicant, a nurse, claimed a psyche injury while employed by Riverside-San Bernardino County Indian Health, Inc. (RSB). RSB, despite being incorporated under California law, was deemed a governmental entity linked to tribes and serving federal policy, thus entitled to sovereign immunity. The Board found no evidence of an explicit waiver of this immunity.

Tribal sovereign immunityWorkers' Compensation Appeals BoardIndian Healthpsyche injurynursefindings and orderjurisdictionpetition for reconsiderationreport and recommendationadministrative law judge
References
37
Case No. MISSING
Regular Panel Decision

Federal Insurance v. Watnick

Jay and Marianna Watnick, New York residents, were severely injured in a car accident in Quebec with Jay Anderson. They were insured by Federal Insurance Company under a policy with uninsured and underinsured motorist endorsements. After seeking limited compensation from Quebec's Régie, Federal denied their claims, arguing Anderson's vehicle was neither uninsured nor underinsured, and sought to stay arbitration. The Supreme Court granted Federal's application to stay both claims, but the Appellate Division reversed the stay for the underinsured claim. The Court of Appeals agreed that Anderson's vehicle was not uninsured. However, it disagreed with the Appellate Division on the underinsured claim, ruling that the Watnicks had not exhausted by payment the limits of all applicable bodily insurance policies as required by statute and their policy. Consequently, the Court modified the Appellate Division's order, granting Federal's application to permanently stay arbitration of the underinsured motorist claim, thereby reinstating the Supreme Court's original decision to stay both claims.

Underinsured Motorist CoverageUninsured Motorist EndorsementCar AccidentQuebec Automobile Insurance ActExhaustion of Policy LimitsInsurance LawVehicle and Traffic LawArbitration StayNew York Insurance PolicyInter-jurisdictional Accident
References
3
Case No. 16 NY3d 706
Regular Panel Decision
Dec 13, 2011

Federal Insurance v. International Business MacHines Corp.

Federal Insurance Company (Federal) sought a declaration that its excess insurance policy did not cover attorneys' fees paid by International Business Machines Corporation and the IBM Personal Pension Plan (collectively, IBM) in a class action lawsuit (*Cooper v IBM Personal Pension Plan*). The *Cooper* action alleged violations of ERISA pertaining to age discrimination. IBM sought reimbursement from Federal after exhausting an underlying Zurich policy. The core dispute revolved around whether the disputed language in Federal's "follow form" policy extended coverage to IBM's actions as a plan settlor, which are not considered fiduciary acts under ERISA. The Supreme Court initially denied Federal's motion, but the Appellate Division reversed, granting summary judgment to Federal. The New York Court of Appeals affirmed the Appellate Division's decision, holding that the policy's plain language limited coverage to acts of an insured undertaken in its capacity as an ERISA fiduciary, which IBM was not in this instance.

Insurance Policy InterpretationERISAFiduciary DutyExcess InsuranceSummary JudgmentPlan SettlorEmployee Benefit PlansContract LawPolicy CoverageAge Discrimination
References
18
Case No. MISSING
Regular Panel Decision

Vam Check Cashing Corp. v. Federal Insurance

Vam Check Cashing Corporation (VAM) sued Federal Insurance Company after experiencing a $120,000 loss due to an elaborate fraud scheme. Imposters tricked a cashier at VAM's Pine Check Cashing location into handing over the money. Federal denied VAM's claim, asserting the incident did not meet the policy's definition of 'Robbery,' specifically concerning the terms 'overt felonious act' and 'cognizance.' The court examined the insurance policy's ambiguous language, particularly the meanings of 'overt' and 'cognizance.' It ruled that the cashier did not need to recognize the act as criminal for coverage, only that the physical act of transferring money occurred in her presence and control. The court found Federal's interpretation would defeat the policy's purpose of protecting check cashing businesses from fraud. Consequently, VAM's motion for summary judgment was granted, and Federal's motion was denied.

Insurance Policy InterpretationRobbery DefinitionSummary JudgmentContract AmbiguityFraud SchemeCheck Cashing BusinessOn Premises ClauseOvert Felonious ActCognizance RequirementNew York Law
References
13
Case No. ADJ2778456 (RIV 0077428)
Regular
Nov 23, 2010

ANGELLA KEITT vs. AGUA CALIENTE CASINO, TRIBAL FIRST AFFINITY SAN DIEGO

The Appeals Board granted reconsideration and rescinded the prior award because the trial judge prematurely determined the casino, owned by a federally recognized Indian tribe, waived sovereign immunity. The Board needs to first determine if it has subject matter jurisdiction, and the casino must present evidence on this issue at the trial level. The casino improperly attached new evidence to its reconsideration petition. The case is returned to the trial level for further proceedings to properly address the jurisdictional question.

sovereign immunityTribal Gaming Compactsubject matter jurisdictionwaiverdiscovery orderfederally recognized Indian tribereconsiderationrescindedtrial levelAngella Keitt
References
2
Case No. MISSING
Regular Panel Decision

Indian Harbor Insurance v. Global Transport System, Inc.

Indian Harbor Global Insurance Company filed a complaint against Global Transport System seeking a declaratory judgment that it was not obligated to indemnify Global for the loss of Barge MST 17, and a stay of arbitration proceedings. Global moved to dismiss the complaint and compel arbitration, relying on a binding arbitration clause in their insurance policy. The dispute arose after the Barge MST 17 sank following Global's attempt to amend its policy for navigation coverage, which Indian Harbor claimed was not properly accepted. The court, presided over by District Judge Sweet, granted Global's motion, dismissing the complaint and compelling Indian Harbor to proceed to arbitration, finding that the broad arbitration clause covered disputes regarding policy modifications or terminations.

Arbitration AgreementInsurance Coverage DisputeMaritime LawPolicy EndorsementContract InterpretationFederal Rules of Civil ProcedureFederal Arbitration ActMotion to DismissDeclaratory ReliefSeaworthiness
References
19
Case No. 2024 NY Slip Op 06182
Regular Panel Decision
Dec 11, 2024

Camille v. Federation of Prot. Welfare Agencies, Inc.

The plaintiff, Marvens Camille, appealed an order from the Supreme Court, Kings County. The Supreme Court had granted the defendant Federation of Protestant Welfare Agencies, Inc.'s motions to extend time to answer and to dismiss the complaint, while denying the plaintiff's cross-motion for a default judgment. Camille had sued under the Child Victims Act, alleging abuse in 2002 by a staff member of Learner's Haven, which he claimed was supervised by the Federation. The Appellate Division affirmed the Supreme Court's order, finding that the Federation provided a reasonable excuse for its delay and demonstrated a meritorious defense, conclusively establishing that the plaintiff had no cause of action against it.

Personal InjuryChild Victims ActDefault JudgmentMotion to DismissReasonable ExcuseMeritorious DefenseAppellate ReviewCPLRVicarious LiabilityOrganizational Responsibility
References
15
Case No. MISSING
Regular Panel Decision

Humphrey v. Council of Jewish Federations

Tyrone Humphrey sued his former employer, Council of Jewish Federations, Inc., alleging racial discrimination under Title VII of the Civil Rights Act and 42 U.S.C. § 1981. Humphrey claimed experiences of retrenchment, demotion, a racially hostile environment, denial of leave, unequal pay, negative performance evaluations, and retaliatory termination. The defendant moved to dismiss, citing untimely EEOC filings, unincluded claims, mootness, and statute of limitations. The court found Humphrey's EEOC filings timely due to a worksharing agreement and his hostile environment claim reasonably related. The court also ruled § 1981 claims were timely and prior arbitration did not preclude federal civil rights claims, ultimately denying the motion to dismiss in its entirety.

Racial DiscriminationTitle VIISection 1981Motion to DismissTimeliness of ClaimsEEOC Worksharing AgreementStatute of LimitationsArbitration PreclusionHostile Work EnvironmentRetaliation
References
24
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