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Case Law Database

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

Case No. 2012 WL 3756270
Regular Panel Decision
Aug 28, 2012

American Freedom Defense Initiative v. Metropolitan Transportation Authority

This case involves the American Freedom Defense Initiative (AFDI), a pro-Israeli advocacy group, challenging the Metropolitan Transit Authority's (MTA) refusal to display a political advertisement on buses. The ad, which called for support for Israel and opposition to Jihad, was rejected by the MTA for violating its 'no-demeaning standard,' which prohibits ads demeaning individuals or groups based on characteristics like religion or national origin. AFDI sought a preliminary injunction, arguing that the standard violated their First Amendment rights. The court found that the MTA's standard was content-based because it selectively prohibited demeaning speech only for certain protected characteristics, while allowing it for others. Consequently, the court granted AFDI's motion for a preliminary injunction, deeming the MTA's standard unconstitutional under the First Amendment.

First AmendmentFreedom of SpeechPolitical AdvertisingPublic Forum DoctrineDesignated Public ForumContent-Based RestrictionStrict ScrutinyPreliminary InjunctionMetropolitan Transportation AuthorityAdvertising Standards
References
40
Case No. ADJ10762593
Regular
Feb 06, 2023

NICHOLAS KOBE vs. CITY OF LOS ANGELES, AIMS

The Workers' Compensation Appeals Board denied the City of Los Angeles' petition for reconsideration, upholding the finding that firefighter Nicholas Kobe's TMJ/myofascial pain injury was compensable. The Board adopted the judge's report, which determined that the applicant was not the initial physical aggressor in an altercation with a fellow firefighter, as the initial physical contact was initiated by the other firefighter. Therefore, Labor Code §3600(a)(7) did not bar the claim, and the applicant was awarded temporary and permanent disability benefits. The defense exclusively argued the initial physical aggressor defense, which the Board found inapplicable based on the facts.

Initial physical aggressor defenseLabor Code §3600(a)(7)TMJ/myofascial painPanel Qualified Medical EvaluatorNina Nattiv DDSfirefighter injurytemporary disabilitypermanent disabilitywage calculationattorney fees
References
11
Case No. ADJ19073561
Regular
Mar 17, 2025

JAZMIN LUCERO vs. LIVING SPACES FURNITURE, LLC; ZENITH INSURANCE COMPANY

Applicant Jazmin Lucero sustained an industrial injury while working as a truck driver for Living Spaces Furniture, LLC. Defendant Zenith Insurance Company denied the claim, citing the initial aggressor defense under Labor Code section 3600(a)(7). The Workers' Compensation Appeals Board granted the defendant's petition for reconsideration, rescinded the prior Findings and Award, and substituted it with new findings. The Board ultimately determined that the applicant's claim was not barred by the initial aggressor defense and that she sustained an injury arising out of and in the course of employment (AOE/COE) to her cervical and lumbar spine.

initial aggressor defenseLabor Code § 3600(a)(7)arising out of and in the course of employmentAOE/COEPetition for ReconsiderationReport and RecommendationFindings and Awardrescindedsubstitutedcervical spine
References
9
Case No. ADJ7806856
Regular
Aug 01, 2013

MICHAEL WEINBERG vs. SUTTON AGRICULTURAL ENTERPRISES, INSURANCE COMPANY OF THE WEST PLEASANTON

This case involved an employee's claim for a psyche industrial injury. The defendant sought reconsideration of a prior ruling that denied the "initial physical aggressor" defense, arguing the applicant was the aggressor. The Workers' Compensation Appeals Board denied reconsideration, agreeing that the applicant was not the initial physical aggressor because the co-worker physically pushed him first. The Board affirmed that the applicant's claim was not barred by Labor Code section 3600(a)(7), deferring other issues.

Initial physical aggressor defenseLabor Code section 3208.3Verga v. Workers' Comp. Appeals Bd.AOE/COEweldersaltercationsphysical conductreasonable fear of bodily harmanimosityhostile words
References
8
Case No. MISSING
Regular Panel Decision

Center for Constitutional Rights v. Department of Defense

The Center for Constitutional Rights (CCR) initiated this Freedom of Information Act (FOIA) lawsuit against the Department of Defense (DOD), FBI, and CIA, seeking the release of images and videos of detainee Mohammed al-Qahtani from Guantánamo Bay. While the DOD and FBI acknowledged possessing such records but withheld them, the CIA issued a Glomar response, neither confirming nor denying their existence. The Court ultimately denied CCR's motion for partial summary judgment and granted the Government's cross-motion for summary judgment. The decision cited national security concerns, including potential harm to military personnel, extremist recruitment, compromised intelligence efforts, and adverse impacts on international relations, as valid reasons for withholding the records and for the CIA's Glomar response under FOIA Exemption 1.

Freedom of Information Act (FOIA)National SecurityClassified InformationGuantánamo BayDetaineeMohammed al-QahtaniSummary JudgmentFOIA ExemptionsGlomar ResponseIntelligence Collection
References
26
Case No. 04-CR-156
Regular Panel Decision

United States v. Taveras

Defendant Humberto Pepin Taveras faces a homicide trial where the government seeks the death penalty for the killings of two associates during a drug trafficking dispute. Senior District Judge Jack B. Weinstein addresses the admissibility of a self-defense claim, emphasizing heightened protections for defendants in capital cases and allowing more leeway for evidence favoring the defendant. The defense intends to establish self-defense through witness statements suggesting the victims, José Rosario and Carlos Madrid, had threatened Pepin and his family. The prosecution disputes this, arguing Pepin deliberately sought out and murdered the victims, thereby precluding a self-defense claim as he initiated the confrontations. The court ultimately rules that Pepin will be permitted to argue self-defense, and related evidence will be allowed, with a self-defense instruction to the jury contingent on sufficient proof being presented.

Self-defenseCapital punishmentHomicide trialEvidentiary rulesDrug traffickingDeath penaltyJury instructionsCriminal lawDue processReasonable doubt
References
45
Case No. MISSING
Regular Panel Decision
Jun 13, 2000

Utica Mutual Insurance v. 215 West 91st Street Corp.

Utica Mutual Insurance Company initiated a declaratory judgment action against Atlantic Mutual Insurance Company and 215 West 91st Street Corp. to determine Atlantic Mutual's obligation to defend and indemnify 215 West in underlying personal injury lawsuits. Utica Mutual had initially defended 215 West but later sought to recover costs from Atlantic Mutual. The Supreme Court denied the defendants' motion for summary judgment and granted Utica Mutual's cross-motion. On appeal, the higher court reversed the Supreme Court's order, finding that Utica Mutual was equitably estopped from denying coverage after assuming the defense without reserving its rights. Consequently, the complaint against Atlantic Mutual and 215 West was dismissed, and it was declared that Atlantic Mutual was not obligated to reimburse Utica Mutual for the defense costs.

Declaratory JudgmentInsurance CoverageEquitable EstoppelSummary JudgmentDuty to DefendIndemnificationAppellate ReviewInsurance LawNew York LawPersonal Injury
References
7
Case No. MISSING
Regular Panel Decision

Jordan v. Johnson Controls, Inc.

The Chief Justice dissents from the Court’s decision not to reconsider a panel’s opinion en banc, arguing that the panel opinion is contrary to established Texas law concerning retaliatory discharge under article 8307c of the Workers’ Compensation Act. The dissent asserts that the "after-acquired evidence defense" is an unprecedented affirmative defense that lacks statutory or common law basis in Texas, and it conflicts with the principle that an employee can recover even if retaliation is not the sole reason for discharge. Furthermore, the defense is criticized for being based on the false premise that an employee cannot be injured by an illegal discharge if they would not have been hired initially due to a falsified application. The dissent also argues that the defense is inherently speculative and cannot be proven as a matter of law, and that it encourages employers to engage in unlawful behavior. Finally, it suggests that equitable goals can be met through existing legal mechanisms like reducing damages or counterclaims for fraud.

Workers' CompensationRetaliatory DischargeAfter-Acquired EvidenceSummary JudgmentTexas LawEmployment LawAffirmative DefenseEquitable ReliefCausationDamages
References
27
Case No. 14-17-00207-CV
Regular Panel Decision
Oct 18, 2018

Landry's, Inc. and Houston Aquarium, Inc. v. Animal Legal Defense Fund, Carney Anne Nasser, and Cheryl Conley

This appeal arises from the dismissal of a case under the Texas Citizens Participation Act (TCPA). Appellants Landry’s, Inc. and Houston Aquarium, Inc. sued Appellees Animal Legal Defense Fund (ALDF), Carney Anne Nasser, and Cheryl Conley for defamation, business disparagement, tortious interference, abuse of process, trespass, and conspiracy, related to statements about the care of four white tigers. The court affirmed the dismissal of all claims, finding that the judicial-proceedings privilege applied to the alleged defamatory statements and that Landry’s failed to establish a prima facie case for its other claims or requests for declaratory and injunctive relief. While upholding the dismissal, the court modified the judgment to remove certain conditional appellate attorney's fees and suggested a remittitur for the sanctions awarded to ALDF and Conley, deeming the initial amounts excessive for deterrence.

Texas Citizens Participation ActDefamationBusiness DisparagementTortious InterferenceAbuse of ProcessTrespassCivil ConspiracyEndangered Species ActJudicial Proceedings PrivilegeAttorney Immunity
References
69
Case No. ADJ9653109
Regular
Sep 06, 2016

William Morales vs. Bonsal American Oldcastle, Inc., Liberty Mutual Insurance Company

The Workers' Compensation Appeals Board denied the applicant's petition for reconsideration. The applicant sought review of a decision that denied his injury claim because he was the initial physical aggressor in a workplace altercation. The Board deferred to the administrative law judge's credibility findings, which found the applicant less credible than defense witnesses and a video recording that was inconclusive. Therefore, the Board affirmed the original finding that the applicant was the initial physical aggressor and is barred from compensation.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and OrderInitial Physical AggressorLabor Code Section 3600(a)(7)Credibility DeterminationsVideo FootageOccupational InjuryMachine OperatorPhysical Altercation
References
7
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