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

Trustees of Empire State Carpenters Annuity, Apprenticeship, Labor-Management Cooperation, Pension & Welfare Funds v. Allied Design & Construction, LLC

Petitioners, Trustees of Empire State Carpenters Annuity, Apprenticeship, Labor-Management Cooperation, Pension and Welfare Funds, initiated an action to confirm an arbitration award against Allied Design & Construction, LLC. Allied, bound by a collective bargaining agreement, failed to undergo a payroll audit, leading the Funds to estimate a substantial deficiency in contributions. An arbitrator subsequently awarded the Funds $239,901.47, covering the estimated deficiency, interest, liquidated damages, and various fees. The Funds then sought to have this award confirmed by the District Court and requested additional attorneys' fees and costs incurred during the confirmation process. The District Court granted the petitioners' motions, confirming the arbitration award and ordering Allied to pay an additional $737.50 in attorneys' fees and costs.

Arbitration ConfirmationCollective BargainingDelinquent ContributionsAttorney Fees AwardCourt CostsLabor Management Relations ActFederal Arbitration ActSummary Judgment StandardLodestar CalculationUnion Welfare Funds
References
39
Case No. ADJ10307427
Regular
Mar 21, 2017

CHRISTOPHER DEVEREUX vs. STATE COMPENSATION INSURANCE FUND, Permissibly Self-Insured; administered by THE HARTFORD

This case concerns an award of additional attorney's fees for applicant's counsel, pursuant to Labor Code § 5801. The Third District Court of Appeal remanded the matter for this purpose after denying the defendant's Petition for Writ of Review. The parties stipulated to reasonable attorney's fees of $2,500.00. The Board has issued an award of these appellate attorney's fees in favor of the applicant's counsel, payable in addition to any compensation awarded to the applicant.

Workers' Compensation Appeals BoardLabor Code § 5801attorney's feesPetition for Writ of Reviewappellate attorney's feesstipulationawardState Compensation Insurance FundThe Hartfordremanded
References
1
Case No. 02 Civ. 8891
Regular Panel Decision

Bristol Investment Fund, Inc. v. Carnegie International Corp.

This Memorandum Opinion and Order, penned by Judge Scheindlin, addresses Bristol Investment Fund's application for attorneys' fees and costs. Previously, the court granted Bristol's summary judgment motion against Carnegie International Corporation on October 30, 2003, resulting in a judgment of $376,091.21. Bristol subsequently sought $17,816.35 for legal fees and expenses, citing various contractual agreements. Carnegie objected to the requested amount, challenging fees incurred after a settlement offer, the experience level of Bristol's attorneys, and the detail of certain disbursements. The court found Bristol's overall request reasonable and warranted, but disallowed costs related to word processing and secretarial work, categorizing them as unrecoverable overhead. Ultimately, the court awarded Bristol $16,711.65, comprising $15,753 in attorneys' fees and $958.65 in disbursements.

Attorneys' FeesSummary JudgmentContract DisputeLitigation CostsPrevailing PartyFederal Rules of Civil ProcedureSettlement OfferOverhead CostsDisbursementsLegal Billing
References
9
Case No. ADJ2016167 (SAC 0367576) ADJ1468086 (SAC 0329245)
Regular
Jun 02, 2011

STEVEN SHADDEN (Deceased) KAMESHA SHADDEN (Widow) vs. DEPARTMENT OF CORRECTIONS; STATE COMPENSATION INSURANCE FUND

This case concerns supplemental attorney's fees awarded after the employer's petition for writ of review was denied by the Court of Appeal. The appellate court found no reasonable basis for the employer's petition and remanded the case for supplemental attorney fee awards. The Workers' Compensation Appeals Board (WCAB) reviewed and approved stipulations for attorney fees totaling $3,000.00 for one counsel and $7,537.30 (including costs) for another. The WCAB issued awards in favor of the respective law firms against the Department of Corrections for these amounts.

Workers' Compensation Appeals BoardSupplemental Attorney's FeesLabor Code § 5801Petition for Writ of ReviewRemittiturStipulationReasonable FeesAwardDepartment of Corrections and RehabilitationState Compensation Insurance Fund
References
1
Case No. MISSING
Regular Panel Decision

Trustees of the Mason Tenders, District Council Welfare Fund, Pension Fund, Annuity Fund & Training Program Fund v. Faulkner

Plaintiffs, comprised of Trustees of Mason Tenders District Council Welfare, Pension, Annuity, and Training Program Funds, and the Mason Tenders District Council of Greater New York, initiated legal action against Thomas Faulkner d/b/a American Demolition and Thomas Faulkner individually. The suit, filed under ERISA and the Taft-Hartley Act, alleged the defendants failed to allow an audit of their records and did not make required contributions to the plaintiff funds as stipulated by a collective bargaining agreement. Following a default judgment, Magistrate Judge Kevin Nathaniel Fox issued a Report and Recommendation. Plaintiffs objected to portions of this report, specifically regarding Faulkner's personal liability and the awarded attorneys' fees. Upon de novo review, District Judge Holwell modified the Report, determining that Faulkner was personally liable for the business's debts and awarding the full amount of attorneys' fees requested by the plaintiffs, totaling $6,588.75.

ERISATaft-Hartley ActEmployee BenefitsPension FundsWelfare FundsCollective BargainingAudit DisputesDefault JudgmentPersonal LiabilitySole Proprietorship
References
18
Case No. MISSING
Regular Panel Decision

Yeshiva University v. New England Educational Institute, Inc.

In a Lanham Act action, defendants, who prevailed after a jury trial against plaintiff Yeshiva, sought approximately $50,000 in attorney's fees. The application presented a novel question: whether a prevailing defendant is entitled to fees when the plaintiff's liability claims were asserted in good faith but the damage claims were grossly exaggerated. The court first affirmed the applicability of the Lanham Act's attorney fee provision, § 35(a), to actions involving unregistered marks, citing precedent. Despite acknowledging the plaintiff's highly exaggerated damage claims, the court determined that the case, which was close on the merits regarding the initial copying allegations, did not meet the 'exceptional cases' standard required for awarding attorney's fees to a prevailing defendant. Consequently, the defendants' application for attorney's fees was denied.

Lanham ActAttorney's FeesPrevailing DefendantExceptional CasesUnregistered MarkDamage ClaimsExaggerated DamagesGood Faith LitigationJury VerdictNon-profit Dispute
References
7
Case No. MISSING
Regular Panel Decision
Jan 23, 1995

New York State Teamsters Conference Pension & Retirement Fund v. Fratto Curbing Co.

The case involves the New York State Teamsters Conference Pension and Retirement Fund seeking a default judgment against Fratto Curbing Co., Inc. for delinquent pension fund contributions. Fratto failed to respond to the complaint after being served, leading to an entry of default by the Clerk of the Court. The court granted the Teamsters' motion for default judgment, finding Fratto liable for delinquent contributions, audit fees, interest, and attorney's fees. The decision also clarified the calculation of liquidated damages under ERISA, stating that the fund is entitled to the greater of double interest or the plan's liquidated damages, but not both, thus reducing the total award. The final judgment was entered against Fratto in the amount of $5,687.23, along with post-judgment interest.

ERISAPension ContributionsDefault JudgmentDelinquent PaymentsCollective BargainingEmployee BenefitsLiquidated Damages CalculationAttorney's FeesFederal CourtContractual Obligations
References
7
Case No. MISSING
Regular Panel Decision

Iron Workers Locals 40, 361 & 417 Health Fund v. Dinnigan

The case involves a dispute between the Iron Workers Locals 40, 361, & 417 Health Fund and Robert Dinnigan, Amanda C. Dinnigan Supplemental Needs Irrevocable Trust, and their attorney regarding reimbursement of medical expenses. The Health Fund sought nearly $1.7 million paid for Amanda Dinnigan's severe injuries from a third-party tortfeasor settlement. Defendants argued against reimbursement, citing state anti-subrogation laws and the "made-whole" doctrine. The court ruled that the Health Fund was self-insured, thus preempting state law, and that the 2008 SPD, which rejected the made-whole doctrine, applied to most expenses. Ultimately, the court ordered judgment for the Plaintiff in the amount of $1,292,278, having reduced the claim by 25% to account for the Defendants' attorneys' fees and expenses in securing the original settlement.

ERISAEmployee BenefitsHealth Fund ReimbursementSubrogationEquitable ReliefSelf-Insured PlanMade-Whole DoctrinePersonal Injury SettlementSupplemental Needs TrustAttorneys' Fees
References
32
Case No. MISSING
Regular Panel Decision

King v. Allied Vision, Ltd.

This case involves a plaintiff's motion for attorney's fees following a remand from the Second Circuit Court of Appeals. Plaintiff Stephen King sought fees due to defendant New Line Cinema's contempt of court for numerous violations of a Final Consent Decree concerning the misattribution of 'The Lawnmower Man' film. The District Court had previously found the defendant in contempt and awarded fees in 1994 and 1995. The Second Circuit affirmed some parts of the 1994 order but vacated others, along with the entire 1995 order, remanding the attorney's fees issue for reconsideration, specifically questioning the willfulness of the noncompliance. Upon review, this court concluded that while the defendant's conduct was negligent and contumacious, it did not meet the clear and convincing evidence standard for willfulness required for an award of attorney's fees for civil contempt under Second Circuit law. Consequently, the plaintiff's motion for attorney's fees was denied.

Civil ContemptAttorney's FeesWillfulness StandardSecond Circuit RemandConsent Decree ViolationsLanham ActFilm MisattributionThe Lawnmower ManInjunctive ReliefCompensatory Damages
References
27
Case No. MISSING
Regular Panel Decision
Mar 03, 2015

Gesualdi v. Seacoast Petroleum Products, Inc.

Plaintiffs, the Trustees and Fiduciaries of various Local 282 Welfare, Pension, Annuity, Job Training, and Vacation and Sick Leave Trust Funds, initiated an action against Seacoast Petroleum Products, Inc. to recover unpaid liabilities and contributions. This action arose from two audits that identified delinquent contributions and the defendant's complete withdrawal from the Funds. Following Seacoast Petroleum Products, Inc.'s default, the Plaintiffs moved for a default judgment. United States Magistrate Judge Steven I. Locke recommended granting the motion and awarding specific damages. District Judge Spatt subsequently adopted the Report and Recommendation in its entirety, granting the default judgment and ordering damages totaling $156,898.74, along with daily interest, liquidated damages, audit fees, attorneys' fees, and costs.

Default JudgmentERISAUnpaid ContributionsWithdrawal LiabilityEmployee BenefitsMulti-employer PlansCollective Bargaining AgreementTrust AgreementPrejudgment InterestLiquidated Damages
References
48
Showing 1-10 of 8,183 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