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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
Sep 01, 1992

Seelig v. Sielaff

The Supreme Court, New York County, initially issued a judgment enjoining respondents from releasing the social security numbers of correction officers without their consent and ordered the implementation of privacy safeguards. This judgment was subsequently reversed on appeal, vacated, and the proceeding was converted to one for a declaratory judgment. The appellate court declared that the release of correction officers' social security numbers by the respondents, in response to a Public Officers Law § 87 request, constituted an unwarranted invasion of privacy under Public Officers Law § 89 (2), citing federal precedents. The injunctive relief previously granted was also deemed improper as the Personal Privacy Protection Law (Public Officers Law § 92 [1]) exempts local government units and the judiciary from its provisions.

Freedom of Information LawPrivacy InvasionSocial Security NumbersCorrection OfficersPublic Officers LawDeclaratory JudgmentAppellate ReviewGovernment RecordsConfidentialityCPLR Article 78
References
9
Case No. MISSING
Regular Panel Decision

Rorick v. Colvin

Kortney Rorick sought judicial review of the Commissioner of the Social Security Administration's decision denying her application for Social Security Disability and Supplemental Security Income payments. This is Rorick's second attempt at judicial review, following a prior remand in "Rorick I". The current hearing officer again denied benefits, prompting Rorick to ask the Court to reverse or remand. The Court reviewed the hearing officer's findings on residual functional capacity, the severity of migraines, and the step-five determination. Ultimately, the Court found substantial evidence supported the hearing officer's conclusions, including the determination that Rorick's migraines were not a severe impairment, and that the use of medical vocational guidelines was permissible. The Court affirmed the Commissioner's decision and dismissed Rorick's complaint.

Social Security ActDisability BenefitsSupplemental Security IncomeJudicial ReviewResidual Functional CapacityMigraine HeadachesMental ImpairmentsTreating Physician RuleGlobal Assessment of Functioning (GAF)Vocational Expert
References
25
Case No. MISSING
Regular Panel Decision

Securities & Exchange Commission v. Oxford Capital Securities, Inc.

The Securities and Exchange Commission initiated an action on February 6, 1992, against Oxford Capital Securities, Inc., Oxford Consolidated Corporation, and several individuals for alleged fraudulent offer and sale of unregistered debt securities. The court issued an order for a temporary restraining order, asset freeze, and accountings. Defendants consented to permanent injunctions but failed to provide complete accountings. The Commission moved to hold defendants in civil contempt. The court found defendants in contempt, ruling that Fifth Amendment privilege was waived by individuals who consented to the judgments and does not apply to corporate entities or their officers acting in a representative capacity. Sanctions are deferred for 45 days, allowing defendants to comply with the order.

Securities fraudCivil contemptFifth Amendment privilegeCorporate recordsAsset freezeAccountingInjunctionCorporate officersWaiver of privilegeFederal securities laws
References
21
Case No. 2015 NY Slip Op 07262
Regular Panel Decision
Oct 07, 2015

Westchester County Correction Superior Officers Ass'n v. County of Westchester

The case involves an action brought by the Westchester County Correction Superior Officers Association and several retired correction officers against the County of Westchester. The plaintiffs sought damages for an alleged breach of a collective bargaining agreement, claiming the county failed to provide benefits equivalent to Workers' Compensation Law for permanent disability. The Supreme Court, Westchester County, initially denied the defendants' motion to dismiss but later granted their motion for summary judgment, dismissing the complaint. The Supreme Court also denied the plaintiffs' cross-motion to amend their complaint. On appeal, the Appellate Division, Second Department, affirmed the Supreme Court's decision, concluding that no provision in the collective bargaining agreement mandated such payments and that the proposed amendment to the complaint lacked merit.

Collective Bargaining AgreementBreach of ContractSummary JudgmentWorkers' Compensation BenefitsLoss of Earning CapacityPermanent DisabilityLeave to Amend ComplaintAppellate ReviewAffirmationJudiciary Law
References
2
Case No. 14-cv-9662
Regular Panel Decision
Jul 09, 2015

In re Petrobras Securities Litigation

This case involves a putative class action where Lead Plaintiff Universities Superannuation Scheme Ltd. (USS), along with Union Asset Management Holding AG and Employees' Retirement System of the State of Hawaii, sued Petróleo Brasileiro S.A. — Petrobras, its subsidiaries, former officers and directors, independent auditor PwC, and several underwriters. Plaintiffs allege a multi-year, multi-billion dollar bribery and kickback scheme at Petrobras, leading to false and misleading statements in violation of the Securities Exchange Act of 1934, the Securities Act of 1933, and Brazilian law. The alleged scheme involved inflated contracts and kickbacks, causing overvaluation of Petrobras's assets and a decline in its securities' price. The Court largely denied defendants' motion to dismiss Exchange Act claims for failure to plead materiality and scienter. However, some Securities Act claims were dismissed due to the statute of repose or lack of reliance, while others related to standing were granted leave to amend. Brazilian law claims were dismissed due to a mandatory arbitration provision in Petrobras's bylaws, found valid under Brazilian law, but this provision was not applied to the Exchange Act claims.

Securities LitigationClass ActionBriberyKickbacksCorporate FraudFinancial MisstatementsSecurities Exchange ActSecurities ActBrazilian LawMotion to Dismiss
References
40
Case No. MISSING
Regular Panel Decision
Dec 17, 1999

Wayburn v. Madison Land Ltd.

Plaintiffs Robert Wayburn and E.S. were victims of a violent crime (robbery, assault, and rape) in an office building. They, along with Doris McGarty, sued multiple defendants, including the building's managing agent, Rose Associates, and the security provider, Primary Security Services, alleging negligence. The Supreme Court initially granted summary judgment to all defendants. On appeal, the decision was modified: summary judgment was denied for Rose Associates, and the complaint against them was reinstated. Rose's cross-claims against Primary Security Services were converted to third-party claims. The dismissal of direct claims against Primary Security Services and Rosenthal & Herman, P. C. was affirmed.

NegligenceSummary Judgment AppealForeseeability of CrimeLandlord LiabilityManaging Agent NegligenceSecurity BreachPremises SecurityDuty of CareReinstatement of ClaimsThird-Party Claims
References
9
Case No. MISSING
Regular Panel Decision

McMahan Securities Co. v. Aviator Master Fund, Ltd.

Petitioner McMahan Securities Co., L.R., a securities broker-dealer, sought to stay an arbitration claim initiated by various hedge funds and institutional investors (respondents) before the National Association of Securities Dealers (NASD), now FINRA. The arbitration claim arose from respondents' purchase of $50 million worth of preferred stock units from nonparties Strategy Real Estate Investments, Ltd. (SREI) and Strategy International Insurance Group, Inc. (SIIG), where McMahan acted as a placement agent. Respondents alleged fraud, negligent misrepresentation, and violation of Blue Sky laws, claiming McMahan failed to disclose criminal convictions and legal problems of Strategy's management team and misrepresented Strategy's financial status. McMahan argued that respondents were not its 'customers' under NASD rule 12200 and that a forum selection clause in the subscription agreement precluded arbitration. The court denied McMahan's petition, finding that respondents qualified as McMahan's customers under a broad interpretation of NASD rules and that the dispute arose from McMahan's business activities, thus compelling arbitration. The court also rejected McMahan's attempt to invoke the subscription agreement's forum selection clause, as McMahan was not a signatory to that agreement.

ArbitrationSecurities LawNASD Code of Arbitration ProcedureFINRAPlacement AgentFraud AllegationsNegligent MisrepresentationBlue Sky LawsContract InterpretationForum Selection Clause
References
27
Case No. MISSING
Regular Panel Decision

In re Blech Securities Litigation

This opinion addresses a motion for class certification in consolidated actions alleging securities and common law fraud. The plaintiffs sought to certify a class against various defendants, including Bear Stearns & Co. and Baird Patrick & Co., for a scheme to manipulate the prices of 'Blech Securities' between October 1991 and September 1994. The court reviewed the class action requirements under Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure, including numerosity, commonality, typicality, and adequacy of representation. Finding that these requirements were satisfied, the court granted the motion for class certification, with the creation of three subclasses to manage the litigation efficiently.

Securities FraudClass ActionMarket ManipulationBroker-DealerInvestment BankingBiotechnology StocksRule 23Federal Civil ProcedureFraud and DeceitConsolidated Actions
References
52
Case No. MISSING
Regular Panel Decision

Sutera v. Transportation Security Administration

Plaintiff Leonard Sutera, a Lead Transportation Security Officer, was terminated by the Department of Homeland Security (DHS) and Transportation Security Administration (TSA) after two urine samples tested positive for marijuana. Sutera alleged that he inadvertently inhaled secondhand smoke and that his termination violated his due process and privacy rights under the First, Fifth, and Fourteenth Amendments, the Privacy Act, and the Administrative Procedure Act. He sought reinstatement, back pay, and damages. The court granted the defendants' motion for summary judgment, determining that Sutera's constitutional claims were barred by sovereign immunity or lacked merit. The court found that the termination procedures were constitutionally adequate and dismissed claims under the Privacy Act and Administrative Procedure Act.

Due ProcessPrivacy ActAdministrative Procedure ActSovereign ImmunitySummary JudgmentEmployment TerminationDrug TestingFederal EmployeesConstitutional LawSecondhand Smoke
References
55
Case No. MISSING
Regular Panel Decision

McLaurin v. New Rochelle Police Officers

Plaintiff Charles B. MeLaurin filed a pro se action under 42 U.S.C. § 1983 against numerous New Rochelle police officers and city officials, including Peter Kornas, Louis Falcone, Brian Fagan, David Lornegan, Edward Martinez, Dominic Procopio, Mayor Timothy Idoni, and the City of New Rochelle. MeLaurin alleged constitutional rights violations stemming from two arrests: one for assault on August 6, 2001, and another for criminal contempt on September 28, 2002. Defendants moved for judgment on the pleadings, asserting qualified immunity and failure to state a claim. The court granted dismissal with prejudice for most defendants, finding their actions objectively reasonable or lacking personal involvement, or due to plaintiff's failure to state a claim or comply with state law. Claims against Officers Lynch, Lore, Conca, Al-Fattaah, Kamau, and Navarette were dismissed without prejudice for lack of personal involvement. Officer Dina Lynn Moretti's motion was converted to one for summary judgment, giving the plaintiff 45 days to provide evidence regarding probable cause for the second arrest. State law claims were also dismissed due to non-compliance with New York General Municipal Law notice-of-claim requirements.

Excessive ForceFalse ArrestMalicious ProsecutionQualified ImmunityPro Se LitigationMunicipal LiabilityMonell ClaimFederal Rules of Civil Procedure 12(c)Federal Rules of Civil Procedure 56Civil Rights Violation
References
59
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