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

Case No. 03-cv-4134
Regular Panel Decision

Infantolino v. Joint Industry Board of the Electrical Industry

Anthony Infantolino sued the Joint Industry Board of the Electrical Industry (JIB) and Thomas Bush, alleging unlawful retaliation under the Americans with Disabilities Act (ADA) and New York State/City laws. JIB moved for summary judgment, arguing procedural defects and substantive failures, including that it was not Infantolino's employer. The court found JIB to be a 'joint labor-management committee' and thus a 'covered entity' under the ADA, refuting the employer argument. The court denied summary judgment regarding the retaliation claims, finding genuine issues of fact as to whether JIB's stated reasons for its actions were pretexts for impermissible retaliation. However, the motion for summary judgment was granted in part, denying punitive and compensatory damages for the ADA retaliation claim and punitive damages for the New York State Human Rights Law claim, but allowing punitive damages for the New York City Human Rights Law claim.

ADA RetaliationDisability DiscriminationSummary JudgmentBurden-Shifting FrameworkCausal ConnectionPretextPunitive DamagesCompensatory DamagesNew York City Human Rights LawNew York State Human Rights Law
References
36
Case No. MISSING
Regular Panel Decision

Mournet v. Educational & Cultural Trust Fund of the Electrical Industry

The plaintiff was injured after slipping and falling at premises owned by the Educational and Cultural Trust Fund of the Electrical Industry (ECT), where her employer, Prudential Recreation Corp., doing business as JIB Lanes (JIB), leased space. The plaintiff sued both ECT and JIB. ECT asserted an affirmative defense that workers’ compensation was the exclusive remedy, claiming it was an alter ego of JIB. ECT moved for summary judgment to dismiss the complaint against it, citing Workers’ Compensation Law §§ 11 and 29 (6), (17). The Supreme Court denied the motion, and the appellate court affirmed this denial, ruling that ECT failed to establish prima facie entitlement to judgment as a matter of law, particularly regarding JIB’s control over ECT’s day-to-day operations. Further discovery was also deemed warranted due to ECT's exclusive knowledge of some facts.

Summary JudgmentWorkers' Compensation ExclusivityAlter Ego DoctrinePersonal InjurySlip and FallAppellate ReviewDiscoveryPrima Facie EntitlementEmployer LiabilityRelated Entities
References
4
Case No. MISSING
Regular Panel Decision

Gonzales v. Armac Industries, Ltd.

This case addresses a certified question from the United States Court of Appeals for the Second Circuit: whether a defendant manufacturer's (Armac Industries, Ltd.) pretrial agreement with an injured plaintiff, admitting 2% liability and limiting enforcement of judgment, constitutes a 'release from liability' under General Obligations Law § 15-108 (c). The plaintiff was injured while employed by General Thermoforming Corporation (GTC), and Armac initiated a third-party action against GTC for contribution and indemnification. The Court held that the agreement did constitute a 'release from liability,' thereby forfeiting Armac's right to contribution from GTC. The decision emphasizes that such agreements undermine the quid pro quo system of § 15-108 and the exclusivity provisions of the Workers' Compensation Law, allowing indirect recovery from employers beyond statutory benefits.

Release from LiabilityGeneral Obligations Law § 15-108Workers' Compensation LawContributionPretrial AgreementTort LawEmployer ImmunityStatutory InterpretationThird-Party ActionExclusive Remedy
References
14
Case No. MISSING
Regular Panel Decision

Ginsberg v. Industrial Home for the Blind

The court considered the defendants' motion for summary judgment in a case involving plaintiff Seymour Ginsberg, who sustained a transportation-related injury during his employment with the Industrial Home for the Blind. The defendants argued that the plaintiff's sole legal recourse was under the Workers' Compensation Law. The Special Term correctly granted the defendants' motion, thereby dismissing the complaint. This decision was based on the finding that the injury arose out of and in the course of employment, making the Workers’ Compensation Law the exclusive remedy for the plaintiff.

Workers' CompensationSummary JudgmentExclusive RemedyTransportation InjuryEmployment
References
1
Case No. 2017 NY Slip Op 04161 [150 AD3d 1169]
Regular Panel Decision
May 24, 2017

Rodriguez v. Dickard Widder Industries

Angela Rodriguez was terminated from her employment and filed a complaint with the New York State Division of Human Rights (DHR) alleging sexual harassment and retaliation. After the DHR dismissed her case, she filed an action against Dickard Widder Industries asserting state law claims under NYSHRL, NYCHRL, and common-law negligence, and later added federal Title VII claims in an amended complaint. The Supreme Court initially dismissed state law claims but later, upon reargument, vacated that dismissal. The defendant appealed. The Appellate Division affirmed the granting of reargument but modified the Supreme Court's order, ruling that the plaintiff's state law claims were barred by her election of an administrative remedy and the Workers' Compensation Law exclusivity provisions. However, the court affirmed that the federal Title VII claims were maintainable and timely, as election of a state administrative remedy does not bar federal employment discrimination claims.

Employment LawSexual HarassmentRetaliationNew York State Human Rights LawNew York City Human Rights LawTitle VII Civil Rights ActElection of RemediesMotion to DismissAppellate ReviewSubject Matter Jurisdiction
References
33
Case No. MISSING
Regular Panel Decision

Scarfi v. Bright Star Industries, Inc.

The trustees of the District No. 15 Machinists’ Pension Fund, acting as plaintiffs, initiated this action against Bright Star Industries, Inc. seeking to compel overdue contributions to the fund under ERISA and LMRA. Bright Star moved to dismiss, contending that jurisdiction over the matter was exclusively with the National Labor Relations Board due to previous unfair labor practice proceedings. The court, presided over by District Judge Glasser, denied the defendant's motion to dismiss, asserting its concurrent jurisdiction with the NLRB in cases involving both NLRA violations and breaches of collective bargaining agreements, particularly where a valid contract is still in effect. The court also denied Bright Star's request for costs and attorney's fees.

ERISALMRANLRAPension FundCollective Bargaining AgreementUnfair Labor PracticesJurisdictionMotion to DismissPreemptionConcurrent Jurisdiction
References
5
Case No. MISSING
Regular Panel Decision

Oliver v. N.L. Industries, Inc.

Plaintiff David Oliver suffered personal injuries when struck by molten metal from a die casting machine during employment, leading to an action against N.L. Industries for negligence, breach of warranty, and strict liability. The Supreme Court erred in granting N.L. Industries summary judgment regarding the adequacy of warnings, as no warnings were present on the machine, and the defendant was aware of the danger, creating a triable issue of fact. However, summary judgment was proper for N.L. Industries concerning liability for defective limit switches manufactured by co-defendant NAMCO Controls. The action is not barred by Workers' Compensation Law exclusivity provisions, as it falls under an exception for employers assuming third-party tortfeasor obligations.

Personal InjuryMolten MetalDie Casting MachineNegligenceBreach of WarrantyStrict LiabilitySummary JudgmentAdequacy of WarningsDefective ProductWorkers' Compensation Exclusivity
References
6
Case No. 71 Civ. 2381
Regular Panel Decision
May 27, 1971

Botany Industries, Inc. v. New York Joint Board, Amalgamated Clothing Workers of America

Botany Industries, Inc., an employer, sought to vacate a labor arbitration award, while the New York Joint Board, Amalgamated Clothing Workers of America, the union, sought its confirmation and enforcement. The dispute arose from a 1966 agreement between Botany and the Joint Board, which restricted Botany from doing business with non-union manufacturers of boys', students', and junior clothing and from licensing its 'Botany' trademark under similar conditions. Botany argued these provisions constituted an illegal 'hot cargo' agreement under section 8(e) of the Labor Management Relations Act. The union contended the agreement was protected by the 'garment industry exemption' or was a 'work preservation clause.' The court, presided over by Chief Judge Edelstein, found it had jurisdiction to review the award. It determined Botany did not fall under the garment industry exemption, nor was the agreement a valid work preservation clause. Consequently, the court held the agreement void and unenforceable, thereby vacating Arbitrator Gray's award.

Labor LawArbitration AwardHot Cargo ClauseGarment Industry ExemptionCollective Bargaining AgreementJudicial ReviewUnfair Labor PracticeUnion AgreementContract EnforcementTrademark Licensing
References
40
Case No. MISSING
Regular Panel Decision

Salomon v. Adderley Industries, Inc.

Plaintiffs Geordany J. Salomon, Donielle Lewis, Dwight Edghill, and Shanroy Powell sought to amend their complaint against Adderley Industries, Inc. to include American Communications Industries, Inc. and several individuals (Lawrence Presser, Joseph Misseri, Vincent Cestaro) as additional defendants. They also requested to add a new claim under New York Labor Law Section 195. Judge Paul A. Crotty of the Southern District of New York reviewed the motion, applying Federal Rules of Civil Procedure 15(a) and 16(b). The court granted the motion to add the new corporate and individual defendants, finding that the plaintiffs were diligent in seeking the amendment after new information emerged during discovery and that the proposed claims of employer status were plausible under the FLSA and NYLL. However, the request to add the NYLL § 195 claim was denied because the plaintiffs failed to demonstrate sufficient good cause for its late inclusion.

Amendment of PleadingsJoinder of PartiesEmployer LiabilityFair Labor Standards ActNew York Labor LawWage and Hour ClaimsDiscoveryGood Cause StandardUndue DelayFutility of Amendment
References
36
Case No. MISSING
Regular Panel Decision

Textile Workers Pension Fund v. Findlay Industries, Inc.

The Textile Workers Pension Fund sued Findlay Industries Inc. for alleged unpaid contributions related to vacation and holiday pay, seeking back contributions, liquidated damages, and injunctive relief. Findlay Industries Inc. maintained that its collective bargaining agreements with four local unions only required contributions for 'hours worked,' not for vacation or holiday pay. The court found that Findlay had consistently contributed based on 'hours worked' since 1973, and the Fund had knowingly accepted this interpretation for many years. Despite previous audits and demands, the Fund's claims for additional contributions were rejected, and the court ruled that the collective bargaining agreements required contributions only for 'hours worked.' Consequently, all claims by the plaintiff Fund were dismissed on the merits.

Pension Fund DisputeCollective Bargaining AgreementHours WorkedVacation PayHoliday PayERISALMRAContract InterpretationEmployer ContributionsTrust Fund
References
1
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