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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Henry v. New York State Commission of Investigation

Petitioners, Suffolk County District Attorney Patrick Henry and Assistant DA Raymond G. Perini, initiated a proceeding against the New York State Commission of Investigation (S.I.C.) and its chairman, David G. Trager. They alleged the S.I.C. overstepped its jurisdiction, interfered with the DA's duties, and violated their constitutional and statutory rights during a two-year probe into the Suffolk County Police Department and DA's office. Petitioners sought various forms of relief, including declaratory judgments, injunctive relief, and pre-release judicial review of the S.I.C.'s report. The court denied motions for intervention and discovery, concluding that the S.I.C. is a purely investigative body without adjudicatory or prosecutorial powers, thus upholding its enabling act's constitutionality and denying all of the petitioners' requested relief. The court granted the respondents' cross-motion to dismiss the proceeding.

Investigatory PowersDue Process RightsJurisdictional DisputeDeclaratory JudgmentInjunctive ReliefCertiorari ReviewState Commission of InvestigationGrand Jury AuthorityPublic Official MisconductCivil Rights Law
References
18
Case No. MISSING
Regular Panel Decision
Sep 20, 1992

Berly v. D & L Security Services & Investigations, Inc.

This case involves an appeal from a take-nothing summary judgment regarding the wrongful death of Anecletas Berly, a Kroger employee, who was killed by a shoplifter during an apprehension attempt by a security guard, Elbert Phillips, employed by D & L Security Services and Investigations, Inc. The appellants, including Berly's family and Transportation Insurance Company (intervening to protect subrogation interest), sued D & L and Phillips for negligence, alleging improper security and apprehension procedures. The trial court granted summary judgment for the appellees, finding no duty and no proximate cause. The appellate court reversed and remanded the case, holding that genuine issues of material fact existed regarding foreseeability, proximate cause, and legal privilege. The court found that evidence of prior criminal activity at the store raised a fact issue on duty and that Phillips's alleged violations of security procedures could be a cause-in-fact of Berly's death.

NegligenceWrongful DeathSurvival StatutesSummary Judgment AppealForeseeabilityProximate CauseSecurity Guard LiabilityShoplifting IncidentThird-Party Criminal ActEmployer Liability
References
18
Case No. MISSING
Regular Panel Decision

Williams v. Hevi-Duty Electric Co.

The plaintiff, Williams, sued Hevi-Duty Electric Company and other state defendants for racial discrimination and retaliatory failure to hire under Title VII, § 1981, and § 1983. The court found that Hevi-Duty discriminated against Williams by manipulating its one-year application retention policy and through word-of-mouth recruitment, effectively excluding him due to his race and prior EEOC charge. The court entered judgment for Williams against Hevi-Duty, ordering hiring, back-pay, and attorney fees, and permanently enjoining further discrimination. Claims against the state defendants were dismissed due to sovereign immunity or lack of discriminatory conduct.

Employment DiscriminationRacial DiscriminationRetaliation (Employment)Title VIICivil Rights Act of 1964Civil Rights Act of 1866Disparate TreatmentHiring PracticesApplication PolicyWord-of-Mouth Recruitment
References
21
Case No. MISSING
Regular Panel Decision
Sep 30, 1988

Perez v. Federal Bureau of Investigation

The case involves a class action lawsuit filed by 310 Hispanic Special Agents of the Federal Bureau of Investigation (FBI), led by named plaintiff Bernardo Perez, alleging national origin discrimination under Title VII of the Civil Rights Act of 1964. The court found a pattern and practice of discrimination within the FBI concerning conditions of employment and promotional opportunities for Hispanic agents. Specifically, the court highlighted the disproportionate burden placed on Hispanic agents for Spanish language-related assignments (like wiretaps and undercover work), which adversely affected their career advancement. The promotional system, with its excessive subjective elements and lack of EEO compliance mechanisms, was deemed discriminatory. The court also found that the FBI retaliated against Bernardo Perez for filing an EEO complaint, including the misuse of a Grand Jury subpoena during an administrative investigation against him. However, claims of religious discrimination and class-wide administrative discipline and transfer discrimination were not substantiated.

National Origin DiscriminationEmployment DiscriminationCivil Rights ActDisparate TreatmentDisparate ImpactRetaliationFBIClass ActionPromotional SystemSubjective Evaluations
References
37
Case No. MISSING
Regular Panel Decision

Thompson v. Seligman

Plaintiff, an injured worker, sued her attorneys, Raymond J. Seligman and his law firm, for legal malpractice. The attorneys allegedly provided negligent advice by mistakenly informing her that she could not pursue a third-party claim for pain and suffering against the Gideon Putnam Hotel, believing she was employed by the hotel. By the time she consulted a different attorney, the statute of limitations for such a claim had expired. Defendants moved for summary judgment, arguing they had no duty to investigate her employment representation. The Supreme Court denied the motion, finding questions of fact regarding the defendants' duty to investigate and their negligence. The Appellate Division affirmed the Supreme Court's decision, concluding that the attorneys owed a duty to investigate and that there was a question of fact as to whether they exercised appropriate care in performing that duty, thus precluding summary judgment for the defendants.

Legal MalpracticeWorkers' CompensationStatute of LimitationsSummary JudgmentDuty to InvestigateNegligenceThird-Party ClaimAppellate ReviewAttorney ResponsibilityEmployment Status
References
9
Case No. MISSING
Regular Panel Decision

Faraino v. Centennial Insurance

This case addresses whether an insurer, having received a loan receipt from its insured, has a duty of good faith beyond mere payment. The court holds that such a duty is created by equity, implied contractual covenants, and the conflict of interest arising from the insurer's exclusive control over the insured's claims. The plaintiff boat owner alleged the insurers failed to provide independent counsel, policy information, or investigation results, potentially breaching this obligation. Consequently, the insurers' motion for summary judgment and dismissal was denied, affirming their proper joinder as defendants. The court also raises the possibility that the insurers' conduct could constitute a waiver of their subrogation rights.

Good Faith DutyInsurer ObligationsLoan ReceiptSubrogation RightsConflict of InterestInsurance Contract LawSummary Judgment DenialAttorney FeesEquitable PrinciplesContractual Subrogation
References
24
Case No. 03-17-00357-CV
Regular Panel Decision
Nov 21, 2017

George Allibone, M.D. v. Scott Freshour, in His Official Capacity as the Interim Executive Director of the Texas Medical Board Juanita Garner, Investigator of the Texas Medical Board And the Texas Medical Board

George Allibone, M.D., appealed the denial of his petition for a protective order against an administrative subpoena issued by the Texas Medical Board. The subpoena sought patient medical and billing records for an investigation into complaints against Allibone. He contended the trial court erred by failing to issue findings of fact and conclusions of law and by abusing its discretion in finding the subpoena reasonable and relevant. The appellate court found Allibone waived his complaint regarding missing findings. It also concluded the trial court did not abuse its discretion, citing the Board's need for complete records for investigation and Allibone's failure to prove the unconstitutionality of the statute requiring compliance. The trial court's order was affirmed.

Medical Board InvestigationAdministrative SubpoenaPhysician RecordsConstitutional RightsDue ProcessJudicial Review of Agency ActionAbuse of DiscretionFourth AmendmentTexas LawProfessional Licensing
References
50
Case No. MISSING
Regular Panel Decision
Oct 12, 1995

Garcia v. Bratton

Petitioner, a probationary New York City Police Department officer, was terminated after an investigation into allegations that she failed to take proper police action at a crime scene and cooperate with the ensuing criminal investigation. She had been placed on modified duty for 14 months prior to termination. She challenged her termination via a CPLR article 78 proceeding, arguing her probationary period had expired. The IAS Court initially dismissed, then granted her petition upon reargument, ordering reinstatement. This court reversed, holding that Department of Personnel rule 5.2.8 (b) validly extended her probationary period by the time she was on modified duty, as she was not performing regular police duties during that period. Consequently, she was still a probationary employee at the time of termination and not entitled to a hearing, given no showing of bad faith.

Probationary periodPolice officerModified dutyTermination of employmentCPLR article 78New York City Police DepartmentAdministrative lawEmployment lawDue processMisconduct investigation
References
10
Case No. MISSING
Regular Panel Decision
Oct 23, 2003

Sean M. v. City of New York

This case involves siblings Deborah and Sean M., who sued the City of New York and Louise Wise Services (LWS) for injuries sustained while in foster care. The plaintiffs alleged the defendants were negligent in investigating abuse complaints from their biological home and in supervising foster homes. The court affirmed that defendants are immune from liability regarding the initial placement into foster care and the investigation of abuse in the biological home, dismissing the first two causes of action. However, the court found that defendants are not immune from liability for negligent supervision of foster parents, allowing the third and fourth causes of action concerning abuse within foster homes to proceed to trial. The decision emphasizes the distinction between discretionary duties (initial placement, investigation) and the ongoing duty to provide a safe environment and supervise foster care.

Child Protective ServicesFoster Care NegligenceGovernmental ImmunityStatutory ImmunityNegligent SupervisionChild AbuseSexual AbuseMedical NeglectFoster Parent LiabilityFamily Court Proceedings
References
36
Case No. 2015 NY Slip Op 05129
Regular Panel Decision
Jun 16, 2015

Ansah v. A.W.I. Security & Investigation, Inc.

The Appellate Division, First Department, affirmed an order from the Supreme Court, New York County. The underlying action was a putative class action filed by security and fire safety workers, Samuel Ansah et al., against A.W.I. Security & Investigation, Inc., and affiliated entities. Plaintiffs sought recovery for prevailing wages, supplemental benefits, and overtime pay for work on public construction projects. The Supreme Court had denied defendants' cross-motion for summary judgment as premature, citing the need for production of relevant public work contracts and conflicting affidavits. The Appellate Division upheld this decision, also rejecting defendants' unpreserved argument for arbitration, stating that nonsignatories are generally not bound by arbitration agreements.

Summary judgmentclass actionprevailing wagessupplemental benefitsovertime paypublic construction projectsarbitration agreementnonsignatoriesCPLR 3212 [f]Appellate Division
References
2
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