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

Case No. MISSING
Regular Panel Decision

Darrah v. Friendly Ice Cream Corp.

Plaintiff Marsha Darrah sued Friendly Ice Cream Corporation alleging retaliation and constructive termination in violation of the Family Medical Leave Act (FMLA). Friendly moved to compel arbitration and for summary judgment, arguing Darrah failed to utilize their Open Door Policy as a condition precedent to arbitration. The court found that Darrah fulfilled her duty to engage in the Open Door Policy by bringing her grievances to management. However, Friendly failed to fulfill its duty by not engaging in the policy in good faith, effectively repudiating the arbitration agreement. Consequently, the court denied Friendly's motions to compel arbitration and for summary judgment.

FMLARetaliationConstructive TerminationArbitration AgreementOpen Door PolicyFederal Arbitration ActSummary JudgmentEmployment LawCondition PrecedentScope of Arbitration
References
13
Case No. MISSING
Regular Panel Decision

Sinnett v. Friendly Ice Cream Corp.

Michael Sinnett sued Friendly Ice Cream Corporation and others, alleging Fair Labor Standards Act (FLSA) violations and several common law claims related to his employment as a General Manager. The defendants moved to dismiss the complaint or compel arbitration, citing an employment dispute resolution policy and contract to arbitrate. The court analyzed whether the Federal Arbitration Act (FAA) mandated enforcement of the agreement and whether Sinnett had waived his right to arbitration. The court found that an enforceable arbitration agreement existed, Sinnett's claims fell within its broad scope, and FLSA claims are arbitrable. Consequently, the court dismissed Sinnett's claims and ordered the parties to proceed with arbitration.

Arbitration AgreementFLSAEmployment LawBreach of ContractFraudNegligent MisrepresentationMotion to DismissCompel ArbitrationWaiverSecond Circuit
References
23
Case No. 2025 NY Slip Op 25151
Regular Panel Decision
Jul 01, 2025

Friends of Fort Greene Park v. New York City Parks & Recreation Dept.

This CPLR article 78 proceeding was brought by Friends of Fort Greene Park against the New York City Department of Parks and Recreation, challenging the environmental review process for a renovation project in Fort Greene Park. Petitioner alleged that the Parks Department failed to take a "hard look" at adverse environmental impacts, improperly segmented environmental review, issued a conditional negative declaration, and used an arbitrary tree valuation tool. The court denied the petition, finding that the Parks Department complied with SEQRA and rationally applied its protocols. The court also addressed a novel claim under New York's Green Amendment, concluding it creates a self-executing substantive right but found no violation in this context, as the project was justified by important government interests and aimed for long-term environmental improvement.

Environmental ReviewSEQRACEQRGreen AmendmentConstitutional LawPublic Park RenovationTree RemovalHistoric PreservationJudicial ReviewArticle 78 Proceeding
References
38
Case No. MISSING
Regular Panel Decision
Jul 02, 2012

Next Phase Distribution, Inc. v. John Does 1-27

Plaintiff Next Phase Distribution, Inc. filed a motion seeking leave for early discovery to identify John Doe defendants who allegedly infringed copyright by downloading their pornographic film via BitTorrent. The Court initially ordered Next Phase to show cause why John Does 2-27 should not be severed. After reviewing Next Phase's response and considering a district-wide split in similar cases, the Court sua sponte exercised its discretion to sever and dismiss without prejudice all claims against John Does 2-27 due to potential for differing defenses, risk of false positives, and the sensitive nature of the subject matter. The Court then granted Next Phase’s Motion for Discovery solely for John Doe 1 and issued a protective order to maintain confidentiality, citing the need for information to identify John Doe 1 and the routine deletion of ISP logs.

Copyright InfringementBitTorrentPeer-to-peer networkJohn Doe defendantsExpedited discoverySeverance of claimsFederal Rules of Civil Procedure Rule 20(a)Federal Rules of Civil Procedure Rule 20(b)Federal Rules of Civil Procedure Rule 21Federal Rules of Civil Procedure Rule 42(b)
References
24
Case No. ADJ4357722 (SBR 0307145) ADJ5714365
Regular
Jun 06, 2012

ANASTASIA JENKINS vs. NEXT ENTERPRISES, INC.

This case involves Anastasia Jenkins' workers' compensation claim against Next Enterprises and the California Insurance Guarantee Association. The Second Appellate District affirmed the Appeals Board's decision that Pinnacle Lien Services could represent multiple lien claimants. The appellate court remanded the case for further proceedings consistent with its opinion. The Appeals Board is now returning the case to the trial level for the workers' compensation judge to conduct necessary proceedings and issue decisions.

ADJ4357722ADJ5714365Anastacia JenkinsNext Enterprises Inc.California Insurance Guarantee AssociationVillanova Insurance liquidationOracle ImagingN-CareNations Surgery CenterPinnacle Lien Services
References
1
Case No. MISSING
Regular Panel Decision

Friends of Rockland Shelter Animals, Inc. v. Mullen

Friends of Rockland Shelter Animals, Inc. ("FORSA") sued Samantha Mullen and the Humane Society of the United States ("HSUS") for tortious interference with a prospective business advantage. FORSA was negotiating with Rockland County to operate an animal shelter, but their contract resolution was defeated after Mullen sent a letter to the County Executive critiquing FORSA's proposal and defending the incumbent shelter, Hi Tor. FORSA alleged Mullen's letter contained false statements. Defendants counterclaimed, alleging FORSA's suit was a Strategic Lawsuit Against Public Participation ("SLAPP suit") under N.Y. Civ. Rights Law § 70-a. The court granted defendants' motion for judgment on the pleadings, ruling that defendants' lobbying activities were protected by the First Amendment under the Noerr-Pennington doctrine, and the "sham exception" did not apply. The court also dismissed the defendants' counterclaim for attorney's fees and damages, finding FORSA's suit was not entirely without merit.

Tortious InterferenceProspective Business AdvantageSLAPP SuitFirst AmendmentNoerr-Pennington DoctrineSham ExceptionFreedom of SpeechPetition ClauseMotion for Judgment on PleadingsFederal Rules of Civil Procedure
References
22
Case No. 128
Regular Panel Decision
Dec 12, 2017

In the Matter of The Friends of P.S. 163, Inc v. Jewish Home Lifecare, Manhattan

This case involves two Article 78 proceedings challenging the New York State Department of Health's (DOH) State Environmental Quality Review Act (SEQRA) assessment for a new residential facility construction by Jewish Home Lifecare (JHL) in New York City. Petitioners, including parents of students at a nearby public school and local tenants, argued that DOH's assessment of environmental hazards, particularly lead dust and construction noise, was flawed and that mitigation measures were insufficient. The Supreme Court initially sided with petitioners, but the Appellate Division reversed, reinstating DOH's Findings Statement. The Court of Appeals affirmed the Appellate Division's decision, holding that DOH complied with its SEQRA responsibilities by taking a "hard look" at environmental concerns, assessing relevant hazards, and imposing adequate mitigation measures, rejecting petitioners' claims regarding flawed methodologies and insufficient protections.

SEQRAEnvironmental LawConstruction ProjectLead ContaminationAirborne DustNoise PollutionMitigation MeasuresPublic HealthArticle 78 ProceedingJudicial Review
References
3
Case No. MISSING
Regular Panel Decision

Friends of Falun Gong v. Pacific Cultural Enterprise, Inc.

Plaintiffs, Friends of Falun Gong and 67 individual members, brought an action against Pacific Culture Enterprise, Inc. d/b/a The China Press, Sing Tao Newspapers New York Ltd. d/b/a Sing Tao Daily, and several writers/editors. The plaintiffs alleged a federal civil rights conspiracy under 42 U.S.C. § 1985(3), as well as state law claims for defamation, defamation per se, prima facie tort, and violation of New York Civil Rights Law § 40-c. Defendants moved to dismiss the complaint in its entirety. The court granted the motion to dismiss, finding the federal civil rights claim failed due to insufficient pleading of a conspiracy and lack of state action. The state law defamation claims were dismissed under the group libel doctrine, the prima facie tort claim was dismissed as derivative of the defamation claim, and the New York Civil Rights Law claim failed on standing and causation grounds.

Civil Rights ConspiracyDefamationPrima Facie TortFirst Amendment RightsFreedom of ReligionFreedom of AssociationMotion to DismissGroup Libel DoctrineState Action RequirementSupplemental Jurisdiction
References
32
Case No. ADJ8742173
Regular
Oct 01, 2018

JOSE MARDOQUEO PEREZ vs. FRIENDLY FRANCHISEES CORPORATION, dba CARL'S JR, UNITED STATES FIRE INSURANCE COMPANY

The Workers' Compensation Appeals Board denied defendant Friendly Franchisees Corporation's petition for reconsideration of an administrative law judge's order. The defendant sought to stay a lien by Reshealth Medical Group under Labor Code section 4615, arguing Reshealth was controlled by Eric Schames, a criminally charged provider. However, the Board found the defendant failed to meet its burden of proof to establish Schames was an officer or director of Reshealth Medical Group, as opposed to Reshealth Diagnostics. Therefore, the lien was not subject to the section 4615 stay.

Labor Code section 4615Labor Code section 139.21Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and Orderlien stayAdministrative DirectorFranchise Tax Boardcorporate suspensionEric Schames
References
3
Case No. ADJ9653107
Regular
Jun 04, 2015

FERNANDO ALVARADO vs. FRIENDLY FRANCHISEES CORPORATION dba DFG RESTAURANTS, UNITED STATES F FIRE INSURANCE COMPANY, CRUM & FORSTER

This case involves a Petition for Removal filed by the defendant, Friendly Franchisees Corporation. The defendant sought to remove an order that continued a workers' compensation hearing to allow the applicant to submit exhibits. The Appeals Board denied the petition, citing that removal is an extraordinary remedy requiring a showing of substantial prejudice or irreparable harm. The Board found that the judge's decision to allow the applicant to enter medical evidence, under CCP § 473, outweighed any alleged harm to the defendant and that reconsideration would be an adequate remedy. Therefore, the Petition for Removal was denied.

Petition for RemovalWorkers' Compensation Appeals BoardWCJ reportsubstantial prejudiceirreparable harmreconsiderationADJ9653107AOE/COE trialCal. Code of Civil Procedure § 473inadvertent omission
References
5
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