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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 22, 2014

Louis Vuitton Malletier S.A. v. Sunny Merchandise Corp.

Louis Vuitton Malletier S.A. sued Sunny Merchandise Corp., Louis Valentin Eyewear, and Chin Zong Tsai for federal and state trademark infringement and counterfeiting related to sunglasses. The court granted Louis Vuitton's motion for partial summary judgment on trademark infringement, finding strong marks, similarity, and Sunny's bad faith, and denied it on counterfeiting claims. Defendants' cross-motion was denied on counterfeiting but granted for claims against Gene Tsai due to insufficient evidence of his direct involvement. The court also ruled on the admissibility of expert testimonies and redaction requests.

Trademark InfringementCounterfeitingLanham ActSummary JudgmentExpert TestimonyBrandingMarketingConsumer ConfusionDilutionGoodwill
References
92
Case No. MISSING
Regular Panel Decision

VAC Service Corp. v. Service Merchandise Co.

VAC Service Corporation sued Service Merchandise Corporation Inc. (SMC) for breach of contract related to extended replacement service agreements. SMC counterclaimed against VAC and its insurance carrier, Continental Insurance Company. Continental moved to stay the proceedings, arguing that an enforceable arbitration agreement existed with SMC. The court examined the Federal Arbitration Act and relevant case law, emphasizing the strong federal policy favoring arbitration. The Continental policy's broad arbitration clause, specifying that "any controversy arising out of or relating to this insurance... shall be submitted to arbitration," was central to the decision. Despite SMC's argument that a "sue" clause in the policy implied court action, the court found this insufficient to override the comprehensive arbitration agreement. Consequently, Continental's motion to stay the proceedings pending arbitration was granted.

Arbitration AgreementStay of ProceedingsFederal Arbitration ActContract DisputeInsurance PolicyCommercial Arbitration RulesAmerican Arbitration AssociationArbitrabilityCounterclaimInterstate Commerce
References
14
Case No. MISSING
Regular Panel Decision

National Basketball Ass'n v. Design Management Consultants, Inc.

The National Basketball Association (NBA) and NBA Properties, Inc. (plaintiffs) initiated a civil contempt motion against Designer Management Consultants, Inc. (DMC) and Delroy Allen (defendants). Plaintiffs alleged that defendants violated a Preliminary Injunction on Consent, issued on August 11, 2003, by continuing to sell 'Disputed Merchandise' bearing NBA trademarks and failing to provide a complete accounting of these sales. The court found clear and convincing evidence of non-compliance regarding merchandise sales and accounting documentation. Consequently, the plaintiffs' motion for civil contempt was granted, with sanctions including a $2,500 daily fine for continued non-compliance after October 15, 2003, and an entitlement to net profits from the unlawful sales, to be determined later.

Trademark InfringementCivil ContemptPreliminary InjunctionTrademark DilutionUnfair CompetitionDeceptive ActsBrand ProtectionIntellectual PropertySanctionsCompliance
References
6
Case No. 13 Civ. 1297 (JPO)
Regular Panel Decision
Mar 31, 2014

Duffey v. Twentieth Century Fox Film Corp.

This case revolves around Todd Duffey, an actor who portrayed a character in the movie *Office Space*, suing Twentieth Century Fox Film Corporation and Running Press. Duffey alleged false endorsement under the Lanham Act and breach of contract, claiming unauthorized use of his image on 'Box of Flair' merchandise. The court, presided over by District Judge J. Paul Oetken, granted the defendants' motion to dismiss the case. The decision was based on the interpretation of Duffey's Day Player Agreement, which was found to unambiguously grant 'all rights throughout the universe' to his performance, including its use for commercial purposes like merchandise. Applying Texas contract law, the court concluded that the defendants' use of Duffey's image was permissible, leading to the dismissal of all his claims.

Intellectual PropertyContract DisputeFalse EndorsementLanham ActDay Player AgreementMerchandising RightsActor RightsFilm IndustryTexas Contract LawChoice of Law
References
60
Case No. MISSING
Regular Panel Decision

Claim of Nassar v. Masri Furniture & Merchandise, Inc.

The employer challenged the Workers' Compensation Board's decision, arguing a lack of substantial evidence for a causal link between the claimant's injury and employment. However, testimony from the claimant and a coworker confirmed the claimant sustained back and neck injuries while lifting furniture for the employer, leading to a cessation of work due to persistent pain. The court emphasized that any testimonial inconsistencies created a credibility matter for the Board to resolve, noting its independence from the Workers’ Compensation Law Judge's findings. Crucially, uncontradicted medical evidence corroborated the causal relationship between the workplace injury and the claimant's disability. Consequently, the Board’s decisions were affirmed.

Workers' CompensationCausal RelationshipSubstantial EvidenceCredibility IssueBoard DecisionMedical EvidenceBack InjuryNeck InjuryLifting FurnitureEmployment Injury
References
6
Case No. ADJ1418817 (VNO 0459514) ADJ3163324 (VNO 0459517)
Regular
Nov 03, 2009

EDGAR I. HERNANDEZ vs. WINNIE QUACH, dba as LICENSED MERCHANDISE DISTRIBUTORS, UNINSURED EMPLOYERS BENEFITS TRUST FUND

The Appeals Board granted defendant's Petition for Reconsideration and ordered that any party in possession of documentation of service of all documents issued by the Worker's Compensation Appeals Board on defendant, shall file those documents.

Workers' Compensation Appeals BoardWinnie QuachLicensed Merchandise DistributorsUninsured Employers Benefits Trust FundPetition for ReconsiderationCompromise and ReleaseAwardProof of ServiceDocumentary EvidenceOrder Admitting
References
0
Case No. MISSING
Regular Panel Decision
Feb 28, 2013

Noboa v. International Shoppes, Inc.

Claimant, a sales associate, was injured while being transported home by her employer in a merchandise van during a snowstorm after her shift was unexpectedly terminated. Public transportation was suspended due to the severe weather. Initially, a Workers’ Compensation Law Judge disallowed her claim, but the Workers’ Compensation Board reversed this decision and awarded benefits. The Appellate Division affirmed the Board's determination, concluding that the injury arose out of and in the course of employment because the employer assumed responsibility for employee transportation and maintained exclusive control over the conveyance, establishing a clear nexus between the accident and employment. The court referenced several precedents supporting this exception to the general 'going and coming' rule.

Workers' CompensationSnowstorm InjuryEmployer Provided TransportationScope of EmploymentAccident During CommuteAppellate AffirmationBoard DecisionEmployee SafetyNexus to EmploymentCompensable Injury
References
7
Case No. MISSING
Regular Panel Decision

Castillo v. Star Leasing Co.

The case involves an appeal by Cargo Connection Logistic Corp. regarding a personal injury claim. The plaintiff was injured when a freight trailer floor collapsed while transferring merchandise at a warehouse owned by Cargo Connection. The Supreme Court denied Cargo Connection's motions to dismiss the complaint under CPLR 3211(a)(1) and 3126, and for summary judgment. Cargo Connection argued that all factual issues were resolved, the plaintiff was a special employee (limiting recovery to workers' compensation), and the plaintiff failed to provide requested discovery. The appellate court affirmed the Supreme Court's order, finding that Cargo Connection failed to establish its entitlement to dismissal or summary judgment on any of the grounds raised.

Personal InjuryForklift AccidentPremises LiabilityDismissal MotionSummary JudgmentCPLR 3211(a)(1)CPLR 3126Special EmployeeWorkers' Compensation LawDiscovery Sanctions
References
11
Case No. MISSING
Regular Panel Decision

Andrews v. U. S. Industries, Inc.

The plaintiff, a trucker for Gay Togs, Inc., alleged a conspiracy among Gay Togs, U.S. Industries, Inc. (USI), and five trucking competitors to steal merchandise and drive him out of business after he investigated the thefts. Plaintiff claimed his employment termination by Gay Togs and USI was in violation of federal antitrust laws. Defendants moved to dismiss Count One for failure to state a claim. The court granted the motion, finding that his termination lacked an anticompetitive purpose or effect as required by antitrust laws, and actually led to increased competition. Consequently, with Count One dismissed, the court also dismissed the remaining pendent state claims for lack of subject matter jurisdiction.

Antitrust LawSherman ActFederal Question JurisdictionPendent ClaimsConspiracyEmployment TerminationTrucking IndustryMarket CompetitionMotion to DismissFRCP 12(b)(6)
References
24
Case No. MISSING
Regular Panel Decision

Claim of Tunison v. P. C. Richards & Son

This case involves an appeal from two decisions by the Workers’ Compensation Board concerning workers' compensation death benefits. The decedent, an employee of Outlaw Trucking Company, was fatally injured while delivering merchandise for P. C. Richards & Son. The Board found that the decedent was a special employee of P. C. Richards & Son and that his death arose out of and in the course of this special employment, making P. C. Richards & Son liable for death benefits. The court affirmed the Board's decision, concluding that there was substantial evidence to support the finding of a special employment relationship due to P. C. Richards & Son's control over the decedent's work, and that the death occurred in the course of employment as he was returning truck keys.

Workers' CompensationSpecial EmploymentDeath BenefitsEmployer LiabilityAppellate ReviewControl TestCourse of EmploymentInsurance CarrierTrucking IndustryWorkers' Compensation Board
References
7
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