CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. MISSING
Regular Panel Decision
Jul 24, 2008

Riches v. New York City Council

This case concerns an appeal affirming the dismissal of a summary judicial inquiry requested by eight citizens against the New York City Council and Speaker Quinn. The petitioners sought an inquiry into the Council's practice of allocating funds to "fictitious organizations" or "holding codes" during its budgeting process, alleging violations of the New York City Charter. The motion court, and subsequently the appellate court, determined that the Supreme Court justice appropriately exercised discretion in denying the inquiry. The decision was based on reasons including extensive public disclosure of the practice, ongoing investigations by governmental agencies, and the determination that the alleged transgression was not the type of venal act the Charter provision was designed to address. The court affirmed that granting such an inquiry is a matter of sound judicial discretion.

Summary judicial inquiryNew York City Charter Section 1109City Council budgetingFictitious organizationsGovernmental misconductAbuse of discretionAppellate reviewJudicial discretionPublic interestOngoing investigations
References
17
Case No. MISSING
Regular Panel Decision

Benavidez v. TRAVELERS INDEMNITY COMPANY OF CONNECTICUT

This case addresses two key issues concerning judicial review of a Texas Workers' Compensation Commission Appeals Panel decision. The first issue is when a party seeking judicial review is required to file a copy of its petition with the Commission under Texas Labor Code section 410.253. The second issue is whether untimely notice to the Commission under this section deprives the trial court of jurisdiction over the judicial review action. The court of appeals had previously held that the filing was required within forty days of the Appeals Panel decision and was mandatory and jurisdictional. However, the Supreme Court, referencing Albertson’s, Inc. v. Sinclair, clarifies that the petition must be filed with the Commission on the same day it is filed in the trial court, and while timely filing is mandatory, it is not jurisdictional. Consequently, the court of appeals' judgment was reversed, and the case was remanded to the trial court for further proceedings.

Workers' CompensationJudicial ReviewAppeals Panel DecisionTimely FilingJurisdictionMandatory RequirementTexas Labor CodeCourt of Appeals ReversalRemandCivil Procedure
References
3
Case No. 2020 NY Slip Op 07843 [192 AD3d 25]
Regular Panel Decision
Dec 23, 2020

Matter of Hackett

Mark J. Hackett, Jr., a suspended attorney, was found guilty of professional misconduct by the Grievance Committee of the Seventh Judicial District. He neglected a client's workers' compensation matter, failing to advise her properly regarding CMS debt and subsequently not responding to her inquiries. Hackett also failed to cooperate with the Grievance Committee's investigation and defaulted in the disciplinary proceedings. The court suspended him from the practice of law for two years, citing harm to the client and disregard for the disciplinary process.

Attorney misconductprofessional ethicsneglect of client matterfailure to cooperatedisciplinary actionattorney suspensionWorkers' CompensationCMS debtRules of Professional Conductdefault judgment
References
2
Case No. 03-23-00316-CV
Regular Panel Decision
Apr 16, 2025

City of Killeen, Texas and Ground Game Texas v. Bell County, Texas; The 27th Judicial District Attorney's Office; And the Bell County Attorney's Office

The City of Killeen, Texas, and Ground Game Texas appealed the trial court's denial of their pleas to the jurisdiction. The underlying lawsuit, filed by Bell County, the 27th Judicial District Attorney’s Office, and the Bell County Attorney’s Office, challenged the constitutionality and validity of a Killeen ordinance decriminalizing misdemeanor marijuana possession. Appellants argued that the appellees lacked standing and that governmental immunity barred the suit. The appellate court affirmed the trial court's order, concluding that the District Attorney’s Office had standing due to the ordinance's interference with its prosecutorial discretion and duties. It also found that governmental immunity was waived for challenges to an ordinance's validity and for concurrent claims for injunctive relief under the Uniform Declaratory Judgments Act.

Decriminalization OrdinanceMarijuana PossessionPlea to the JurisdictionGovernmental ImmunityStandingProsecutorial DiscretionUniform Declaratory Judgments ActTexas Local Government CodeTexas Health & Safety CodeTexas Code of Criminal Procedure
References
29
Case No. MISSING
Regular Panel Decision

Singh v. Ross

The plaintiffs appealed an order from Queens County, dated September 26, 2003, which denied their motion for nunc pro tunc judicial approval of a settlement under Workers’ Compensation Law § 29 (5). This law requires either carrier consent or judicial approval within three months of a settlement to avoid forfeiture of future workers' compensation benefits. While judicial approval can be sought beyond the three-month period if the settlement is reasonable, the delay is not due to the party's fault, and the carrier is not prejudiced, the Supreme Court denied the motion. The court found the over one-year delay in seeking approval was attributable to the plaintiffs' own fault or neglect. The appellate court affirmed this decision.

Workers' CompensationJudicial ApprovalSettlementNunc Pro TuncDelay in ApplicationCourt DiscretionAppellate ReviewPersonal InjuryThird-Party ActionForfeiture of Benefits
References
6
Case No. 2019 NY Slip Op 01077
Regular Panel Decision
Feb 13, 2019

Matter of Simon

This disciplinary proceeding concerns attorney Alan Michael Simon, who was previously removed from his judicial position by the New York Court of Appeals for extensive judicial misconduct. The misconduct included bullying, ethnic smearing, poor temperament, engaging in a physical altercation, repeatedly threatening officials with contempt without cause, and improperly interfering in a political election. The Grievance Committee for the Ninth Judicial District brought three charges of professional misconduct against Simon, alleging conduct prejudicial to the administration of justice, conduct adversely reflecting on his fitness as a lawyer, and conduct involving dishonesty, deceit, fraud, and misrepresentation. The court found the charges sustained under the doctrine of collateral estoppel, given the prior findings by the Court of Appeals. Despite Simon's arguments for mitigation, including his good faith and election as mayor, the court deemed his actions "truly egregious" and noted his continued lack of insight. Consequently, Alan Michael Simon was disbarred, effective immediately.

Attorney DisciplineJudicial MisconductDisbarmentProfessional MisconductCollateral EstoppelGrievance CommitteeAppellate DivisionRules of Professional ConductEthical ViolationsAttorney and Counselor-at-Law
References
4
Case No. MISSING
Regular Panel Decision

State v. Philip Morris Inc.

This case involves an appeal concerning the power of a Commercial Division Justice to initiate a sua sponte inquiry into an arbitration panel's award of legal fees rendered pursuant to a settlement agreement in a class action. The underlying litigation was initiated by the State of New York and its Attorney General against several tobacco companies. Justice Crane, who originally presided, approved a Master Settlement Agreement (MSA) that included a Fee Payment Agreement for private, binding arbitration of outside counsel's fees. Justice Ramos, who later took over the case, initiated a sua sponte inquiry into a $625 million arbitration award to outside counsel, citing CPLR Article 9 and inherent judicial authority, and appointed 'independent counsel' for the plaintiff class. The Appellate Division found that Justice Ramos lacked jurisdiction for such an inquiry, as the court's retained jurisdiction was limited to implementing or enforcing the Consent Decree, not modifying it. The court also held that Justice Crane's prior approval of the MSA, including the binding arbitration clause, was final and affirmed by the Appellate Division. The court further determined that CPLR Article 9 did not override the strong public policy favoring consensual arbitration in this context. Consequently, the Appellate Division reversed Justice Ramos's orders, dismissed his sua sponte proceeding, and vacated the appointment of independent counsel.

Arbitration Award ReviewAttorney Fees DisputeClass Action SettlementJudicial Sua Sponte AuthorityAppellate Court ReversalMaster Settlement AgreementJurisdiction LimitsCommercial Division PowersLegal Ethics InquiryTobacco Industry Litigation
References
27
Case No. MISSING
Regular Panel Decision
Aug 25, 1997

Harosh v. Diaz

The plaintiff appealed an order from the Supreme Court, Queens County, dated August 25, 1997, which denied his motion to renew a prior motion for judicial approval of a compromise and settlement. The plaintiff was injured in 1993 when struck by the defendants' vehicle and settled his action against them for $10,000 in 1994. He subsequently filed a Workers' Compensation claim and, in February 1996, moved for approval of the settlement under Workers' Compensation Law § 29 (5), which was initially denied without prejudice. His renewed motion in May 1997 was denied as untimely, a decision the appellate court affirmed. The court emphasized that judicial approval beyond the statutory three-month period requires demonstrating the settlement's reasonableness, lack of petitioner's fault for the delay, and no prejudice to the carrier, which the plaintiff failed to do.

Appellate DecisionWorkers' Compensation LawSettlement ApprovalTimelinessPersonal InjuryAutomobile AccidentInsurance CarrierJudicial ReviewRenew MotionQueens County
References
3
Case No. MISSING
Regular Panel Decision

Hartford Insurance Co. v. Crain

Hartford Insurance Company appealed the dismissal of its suit for judicial review of a Texas Workers’ Compensation Commission (TWCC) appeals panel decision concerning the medical necessity of spinal surgery for Crain. The central legal question involved the applicable deadline for filing a petition for judicial review: either the 40-day period under Texas Labor Code Section 410.252 or the 30-day period under the Texas Administrative Procedure Act (APA) Section 2001.176. The trial court had granted Crain’s plea to the jurisdiction, ruling Hartford's appeal untimely based on the APA's 30-day deadline. The appellate court reversed this decision, holding that the more specific 40-day deadline provided in Labor Code Section 410.252 applies to all appeals-panel decisions, including those regarding medical necessity disputes, thus controlling over the APA's general provisions. The case was subsequently remanded for further proceedings consistent with this opinion.

Workers' Compensation LawJudicial Review ProcessStatutory InterpretationAppellate ProcedureFiling DeadlinesTexas Labor CodeAdministrative Procedure ActMedical NecessitySpinal Surgery DisputesSubject Matter Jurisdiction
References
12
Case No. MISSING
Regular Panel Decision

Rivera v. Holder

Plaintiff David Rivera, a correctional officer, initiated a Title VII retaliation lawsuit against Defendant Eric H. Holder, Jr., alleging adverse actions after he assisted a co-worker with an EEOC complaint. Rivera's claims included an unfair performance review and unjustified Absent Without Leave (AWOL) status. Crucially, after filing his own EEOC complaint, Rivera subsequently filed for bankruptcy but failed to disclose this pending administrative proceeding in his bankruptcy petition. The Defendant moved for summary judgment, arguing judicial estoppel. The Court found Rivera's omission was not inadvertent, as he had knowledge of the claim and a motive to conceal it from creditors. Consequently, the Court granted the Defendant's motion, dismissing Rivera's complaint with prejudice based on judicial estoppel.

Judicial EstoppelSummary JudgmentBankruptcyEEOC ClaimTitle VIIRetaliationFederal Bureau of PrisonsUndisclosed AssetsPrior Inconsistent PositionFifth Circuit
References
14
Showing 1-10 of 1,925 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational