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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
Oct 23, 2013

Senecal v. B.G. Lenders Service LLC

Jennifer Senecal, an office manager for B.G. Lenders Service, alleged sexual harassment by the owner, Brian Granger, and wrongful termination. She filed Title VII and New York Human Rights Law (NYHRL) claims against B.G. Lenders Service, its co-employer Keena Staffing Inc., and Granger. Defendant Keena moved for summary judgment, arguing untimely EEOC filing and that NYHRL claims were time-barred. The Court denied Keena's motion, applying the "identity of interest" exception for Title VII claims and equitable tolling for NYHRL claims, allowing Senecal's claims against Keena to proceed.

Sexual HarassmentWrongful TerminationTitle VIINew York Human Rights LawCo-EmploymentProfessional Employer OrganizationEEOC ChargeSummary Judgment DenialEquitable TollingIdentity of Interest Doctrine
References
76
Case No. MISSING
Regular Panel Decision

In Re Dembrosky

This case addresses whether a motor vehicle lender's lien, unperfected due to administrative error by the Department of Motor Vehicles and not debtor wrongdoing, is valid against a Chapter 7 Trustee under New York law. The court, presided over by Chief Judge Michael J. Kaplan, defers to and reaffirms the binding precedent of General Motors Acceptance Corp. v. Waligora, which held that such a lien is not perfected without inscription on the title certificate. The decision rejects policy arguments by the lender, emphasizing that the New York title law serves as a notice statute for third parties and requires diligence from creditors to ensure proper perfection. Consequently, the lender's motion to lift stay is denied, and the trustee's cross-motion to avoid the unperfected lien is granted.

BankruptcyLien PerfectionMotor Vehicle Title LawChapter 7 TrusteeSecured CreditorsUnsecured CreditorsStare DecisisErie DoctrineJudicial PrecedentAdministrative Error
References
32
Case No. MISSING
Regular Panel Decision

In Re Kliegl Bros. Universal Electric Stage Lighting Co.

The Trustee sought to confirm a plan of reorganization under Section 1129(b) of the Bankruptcy Code, facing objections from the Debtor and general unsecured creditors. The plan relied on votes from two impaired classes: a post-petition secured lender and a trade union (IBEW). The court ruled that the post-petition secured lender was not entitled to vote as their claim did not fall under Section 502 of the Code. However, the court found that the separate classification of the IBEW's general unsecured claim, with a higher payout, was permissible and not unfairly discriminatory. This separate classification was deemed reasonable and necessary for the Debtor (Kliegl) to maintain its union shop status, which was critical for its industry operations. Consequently, the IBEW's vote in favor was valid, allowing the plan to be confirmed via cram-down despite other objections.

Bankruptcy LawReorganization PlanCramdown ConfirmationCreditor ClassificationImpaired ClaimsUnfair Discrimination TestLabor Union ClaimsPost-Petition ClaimsSecured CreditorsUnsecured Creditors
References
17
Case No. MISSING
Regular Panel Decision

Pechinski v. Astoria Federal Savings & Loan Ass'n

Plaintiffs Matthew J. Pechinski and Brooke Ritvo Pechinski sued Astoria Federal Savings and Loan Association, alleging that a $2,479 assignment fee violated the Truth in Lending Act (TILA) and constituted a hidden finance charge or an undisclosed prepayment penalty. They also brought state law claims for common law equity, breach of contract, unjust enrichment, fraud, and deceptive practices under New York General Business Law § 349. The dispute arose when Astoria Federal, after acquiring the original lender, charged the fee when the plaintiffs sought to refinance their mortgage and assign it to a new lender. The court, presided over by District Judge Stein, granted Astoria Federal's motion to dismiss the TILA claims, ruling that the assignment fee was neither part of the finance charge nor a prepayment penalty under TILA and Regulation Z, as it was imposed years after the loan origination and was not solely due to prepayment. The court also declined supplemental jurisdiction over the remaining state law claims, dismissing them without prejudice.

Truth in Lending ActTILA ViolationMortgage Assignment FeePrepayment PenaltyFinance Charge DisclosureRegulation ZFederal Rules of Civil Procedure 12(b)(6)Supplemental JurisdictionMotion to DismissConsumer Credit Protection
References
45
Case No. ADJ6773084
Regular
Apr 08, 2013

ARACELI CAMACHO vs. LENDER PROCESSING SERVICES, HARTFORD INSURANCE

The WCAB granted reconsideration and rescinded the dismissal of Long Beach Medical Center's (LBMC) lien claim. The lien was improperly dismissed as LBMC, not having received notice of a prior lien conference, did not appear and was not yet of record. Although LBMC's petition was initially dismissed as skeletal, the Board's independent review found a due process violation. The case is returned to the trial level for further proceedings regarding LBMC's lien.

Lien ClaimantPetition for ReconsiderationDismissal of LienNotice of Intent to DismissLien ConferenceLien TrialSkeletal PetitionSubstantial JusticeDue ProcessLack of Notice
References
6
Case No. ADJ7524260
Regular
Nov 02, 2014

LINDA KEAN vs. LENDER PROCESSING SERVICES/FIDELITY NATIONAL FINANCIAL

The Workers' Compensation Appeals Board (WCAB) affirmed the disallowance of a lien claim because the lien claimant failed to meet their burden of proof due to untimeliness in serving documents. However, the WCAB rescinded the sanctions previously imposed by the administrative law judge. This rescission was because the sanctions were not imposed after proper notice and opportunity to be heard as required by statute, and the record did not demonstrate bad-faith actions by the lien claimant. The lien claimant's attempt to proceed with the claim after document exclusion was not deemed frivolous, but rather an effort to obtain a formal ruling.

Workers' Compensation Appeals BoardReconsiderationLien ClaimantSanctionsLabor Code Section 5813Rule 10601Timeliness of ServicePrima Facie BurdenFrivolous ActionBad Faith
References
11
Case No. ADJ2808758 (LAO 0794092) ADJ498371 (LAO 0794797) ADJ1598529 (LAO 0794093) ADJ992999 (LAO 0794094)
Regular
Mar 24, 2014

BERNARD JENSEN vs. INTERCARE INSURANCE SERVICES, CALIFORNIA WHOLESALE LENDERS, SANFORD RUIZ, ET AL., GOLDEN EAGLE INSURANCE COMPANY

A former attorney, Dean Donin, sought reconsideration of approved settlements, claiming he was not awarded attorney fees and was not served with the approval orders. The Appeals Board dismissed his petition because Donin failed to file a lien claim for his attorney fees after being substituted out of the case. This failure to file a lien meant he was not on the official address record, thus not entitled to service of subsequent orders. The Board warned Donin that such untimely petitions, often due to a lack of lien filing, waste resources and could lead to sanctions.

Workers' Compensation Appeals BoardPetition for ReconsiderationCompromise and ReleaseAttorney FeesLien ClaimantSubsequent Injuries Benefit Trust FundElectronic Adjudication Management SystemWCJ Report and RecommendationLack of StandingUntimely Filing
References
0
Case No. Adv. Proc. No. 16-01074 (SMB)
Regular Panel Decision

Core Litigation Trust ex rel. Kravitz v. Apollo Global Management, LLC (In re AOG Entertainment, Inc.)

The CORE Litigation Trust, as assignee of Debtors’ pre-petition secured lenders, initiated a proceeding in California State Court against a group of defendants. The Trust alleged inducing a breach of contract and intentional interference with contracts. The action was removed to federal court and subsequently transferred to the United States Bankruptcy Court for the Southern District of New York. The Trust moved for mandatory abstention and remand to the California State Court. The Court granted the motion, finding it had non-core, 'related to' jurisdiction and that the action could be timely adjudicated in the state court.

Mandatory abstentionRemandBankruptcy jurisdictionNon-core jurisdictionRelated to jurisdictionTimely adjudicationState law claimsFederalismComityChoice of law
References
75
Case No. MISSING
Regular Panel Decision

In Re Golden Distributors, Ltd.

The debtor, Golden Distributors, Ltd., in a Chapter 11 case, moved to classify employee benefit claims, while several unions cross-moved for full administrative expense treatment. The court addressed the priority of sick leave, personal holidays, vacation, and severance pay for both union and non-union former employees. It concluded that most of these claims, including all severance pay and union vacation pay, qualify as administrative expenses or similar high-priority claims. However, all such employee claims were deemed subordinate to the super-priority secured liens held by the post-petition lenders.

BankruptcyChapter 11Administrative ExpensesEmployee BenefitsSeverance PayVacation PayCollective Bargaining AgreementSuper-priority LiensDebtor in PossessionUnions
References
17
Case No. MISSING
Regular Panel Decision

Lauria v. Heffernan

The plaintiffs, former employees of Mortgage Lenders Network (MLN), sued shareholders Mitchell L. Heffernan and James E. Pedrick for unpaid commissions and wages under New York Labor Law 191. MLN had filed for bankruptcy. The court granted summary judgment for defendant Pedrick, dismissing all claims against him. For defendant Heffernan, the court granted summary judgment against plaintiffs Paul and Peter Impagliazzo, but denied it regarding the claims of the other Business Development Managers, finding a genuine dispute about his 'employer' status. Additionally, the court granted summary judgment to Paul and Peter Impagliazzo, dismissing the defendants' counterclaims of fraud and civil conspiracy, ruling that the defendants lacked standing to sue individually for harm to the corporation.

Wage disputeUnpaid commissionsSummary judgmentLabor LawEmployer liabilityCorporate officersShareholder liabilityFraudCivil conspiracyBankruptcy
References
20
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