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

Case No. Claim Nos. 4754 and 7181
Regular Panel Decision
Feb 20, 2014

In re Residential Capital, LLC

Caren Wilson filed claims (Claim Nos. 4754 and 7181) asserting secured and unsecured claims against Residential Capital, LLC. The ResCap Borrower Claims Trust objected, arguing the claims were barred by res judicata due to a prior dismissal with prejudice of a related federal action, or were improperly amended/late-filed. The Court applied federal res judicata law, finding that Wilson's claims arise from the same nucleus of facts as the previously dismissed Federal Action. Additionally, Claim No. 7181 was deemed either barred by res judicata or late-filed, and both claims failed to meet pleading standards for RICO and fraud. The Court sustained the Trust's objection, expunging both of Wilson's claims, but modified the automatic stay to allow Wilson to challenge the prior dismissal order in the Virginia District Court.

BankruptcyRes JudicataClaim ObjectionExpungementFailure to ProsecuteRule 41(b) DismissalRICOFraudDebtor-CreditorMortgage Securitization
References
45
Case No. MISSING
Regular Panel Decision

Wesley v. John Mullins & Sons, Inc.

Defendant John Mullins & Sons, Inc. moved to dismiss the plaintiff's pendent state law claim or, alternatively, to decertify the class action. The plaintiff had initially filed a class suit in February 1974, alleging violations of the Truth-in-Lending Act and the New York Retail Installment Sales Act. Although the action was tentatively certified as a class action, subsequent amendments to both federal and New York laws imposed significant limitations on recoveries in class actions involving statutory penalties. The court found that allowing the state law class claim to proceed would result in recoveries far exceeding federal limits and would contravene public policy against overwhelming penalty judgments. Therefore, the court dismissed the class action aspect of the plaintiff's state claim for lack of jurisdiction over the subject matter and decertified the class, while allowing the plaintiff to pursue an individual claim.

Pendent JurisdictionClass ActionTruth-in-Lending ActNew York Retail Installment Sales ActDismissal of ClaimDecertification of ClassStatutory PenaltiesFederal Question JurisdictionJudicial DiscretionFederal-State Conflict
References
10
Case No. MISSING
Regular Panel Decision

Small v. General Nutrition Companies, Inc.

Plaintiffs Disabled in Action (DIA) and Thomas K. Small (Small), representing themselves and a class of wheelchair users, sued General Nutrition Companies, Inc. (GNC) for alleged violations of Title III of the Americans with Disabilities Act (ADA) and New York City Human Rights Law, claiming GNC stores were inaccessible. Defendant GNC moved to dismiss the action for lack of standing and to deny class certification. The court granted GNC's motion regarding DIA's organizational standing (with prejudice) and associational standing claims (without prejudice, with leave to amend). For plaintiff Small, the court denied GNC's motion concerning one specific GNC store where Small established standing, but granted it for other stores (without prejudice, with leave to amend). The court deferred ruling on defendant's motion to deny class certification.

ADA Title IIIStandingOrganizational StandingAssociational StandingWheelchair AccessibilityArchitectural BarriersClass ActionMotion to DismissInjunctive ReliefInjury in Fact
References
45
Case No. claim No. 1, claim No. 2
Regular Panel Decision

Colley v. Endicott Johnson Corp.

The case involves an appeal from a Workers' Compensation Board decision concerning two claims. The claimant suffered a back injury in 1985, and that claim was closed in 1986. In 2004, while working in Ohio for MCS Carriers, the claimant sustained another back injury. The Workers' Compensation Law Judge ruled that the 1985 claim was barred from reopening by Workers’ Compensation Law § 123 and that New York lacked subject matter jurisdiction over the 2004 claim. The Workers' Compensation Board affirmed these rulings, leading to this appeal. The appellate court affirmed the Board's decision, confirming the applicability of § 123 to the 1985 claim due to lapsed statutory limits and concluding that insufficient significant contacts existed to confer New York jurisdiction over the 2004 out-of-state injury.

Workers' CompensationJurisdictionStatute of LimitationsReopening ClaimOut-of-state InjurySignificant ContactsAppellate ReviewBack InjuryTruck DriverNew York Law
References
6
Case No. MISSING
Regular Panel Decision

Graziano v. Medford Plaza Associates, Ltd.

Guy Graziano, an employee of Coca-Cola Company, sustained personal injuries after falling in a parking lot and received workers' compensation benefits. His insurance carrier initiated Action No. 2, as assignee, against prior property owners and managing agents after notifying Graziano of the assignment of his claim if he failed to sue within 30 days. Separately, Guy and Maureen Graziano commenced Action No. 1 against prior owners and the current owner, 210 West 29th Street Corp. The Supreme Court initially dismissed the Grazianos' action, ruling their claims were assigned to the carrier. On appeal, the order was modified: the dismissal of Action No. 1 was denied, and both actions were consolidated. The appellate court concluded that the carrier had waived its rights as an assignee against 210 West 29th Street Corp. by failing to pursue a claim against them.

Workers' Compensation LawAssignment of ClaimsPersonal InjuryProperty Owner LiabilityStatute of LimitationsWaiver of RightsConsolidation of ActionsAppellate ReviewInsurance SubrogationNew York Law
References
5
Case No. MISSING
Regular Panel Decision

Smalls v. Allstate Insurance

Plaintiff Raymond Smalls sued Allstate Insurance Company and William Smith for racial discrimination, hostile work environment, intentional infliction of emotional distress, and retaliation based on race. The plaintiff alleged various adverse employment actions, including verbal abuse, a transfer, and redeployment to a different position. The court found that Smalls failed to establish a prima facie case for discrimination, hostile work environment, or retaliation, noting that the alleged incidents were not sufficiently severe or pervasive, nor racially motivated. Furthermore, the claim for intentional infliction of emotional distress was time-barred and lacked sufficient evidence of extreme and outrageous conduct. Consequently, the District Court granted the defendants' motions for summary judgment and dismissed the entire complaint.

Racial DiscriminationHostile Work EnvironmentRetaliationIntentional Infliction of Emotional DistressSummary JudgmentEmployment LawTitle VIINew York Executive LawAdverse Employment ActionPrima Facie Case
References
49
Case No. Action No. 1; Action No. 2
Regular Panel Decision
Apr 04, 2005

Transport Workers Union of America Local 100 v. Schwartz

This case consolidates two appeals arising from a 1985 real estate exchange involving Transport Workers Union of America Local 100 AFL-CIO (TWU) and 80 W.E.T.H. Corp. (80 WETH). Action No. 1 targeted real estate agents Alan G. Schwartz, Glen Allen Associates, Ltd., and Glen Equities, Ltd. for breach of fiduciary duty, contract, and constructive fraud. Action No. 2 was against attorney Richard L. O’Hara for breach of fiduciary duty and actual fraud. The court affirmed summary judgment for the Schwartz defendants, ruling claims time-barred under the statute of limitations, rejecting continuous representation and equitable estoppel. In the O'Hara action, breach of fiduciary duty claims were also dismissed as time-barred, but the actual fraud claim, initially preserved, was modified on appeal to be dismissed for 80 WETH. The disputes centered on undisclosed fees and potential conflicts of interest during the 1985 transaction.

Real Estate LawStatute of LimitationsBreach of Fiduciary DutySummary JudgmentEquitable EstoppelContinuous Representation DoctrineBrokerage FeesAttorney MisconductActual FraudConstructive Fraud
References
10
Case No. MISSING
Regular Panel Decision
Jun 02, 1997

Small v. Yonkers Contracting Inc.

This case concerns an appeal for reargument in a personal injury action. The plaintiff, Charles Small, sued Yonkers Contracting Inc., which then filed a third-party complaint against Rice Mohawk, U.S. Construction Co., Ltd. for indemnification and contribution. Rice Mohawk had insured Yonkers as an additional insured through Admiral Insurance Co. The Supreme Court partially dismissed Yonkers' claims, citing the antisubrogation rule. The appellate court granted reargument, vacated the previous decision, and modified the order. It ruled that the indemnification and contribution claims against Rice Mohawk should be dismissed only to the extent of actual payments made by Admiral to Yonkers, balancing the antisubrogation rule with Yonkers' right to recover uncompensated losses. The order was modified and, as modified, affirmed.

Antisubrogation RuleCommon-Law IndemnificationContribution ClaimsPersonal Injury ActionThird-Party ActionInsurance CoverageAdditional InsuredWorkers' Compensation LawGeneral Obligations LawAppellate Review
References
8
Case No. Claim 230
Regular Panel Decision
Sep 20, 1994

Patterson v. Newspaper & Mail Deliverers' Union of New York & Vicinity

This case involves an appeal by Tribune New York Holdings, Inc. (NY Holdings) of an Administrator's denial of its motions to dismiss or for summary judgment in "Claim 230." Claim 230 originated from EEOC discrimination charges filed by employees of the New York Daily News, alleging ongoing racial discrimination in violation of Title VII of the Civil Rights Act of 1964, stemming from a larger class action suit against the Newspaper and Mail Deliverers’ Union and various publishers. NY Holdings argued that the claimants failed to prosecute diligently under Rule 41(b) and could not substantiate their discrimination claims for summary judgment under Rule 56(c). The District Court, granting deference to the Administrator's findings akin to an arbitrator's decision, affirmed the Administrator's denial of both motions. The court concluded that the Administrator did not abuse his discretion regarding diligent prosecution and that genuine issues of material fact regarding discrimination persisted, thereby precluding summary judgment, while cautioning against further delays.

Employment DiscriminationTitle VIICivil Rights Act of 1964Affirmative ActionConsent DecreeSummary JudgmentDismissal for Want of ProsecutionRule 41(b) Federal Rules of Civil ProcedureRule 56(c) Federal Rules of Civil ProcedureEEOC
References
21
Case No. Claim No. 300000720; ECF Doc. # 7818
Regular Panel Decision

In re MF Global Inc.

This case involves an objection by the SIPA Trustee of MF Global Inc. (MFGI) to a putative class claim filed by former employees for damages under the WARN Act and for unpaid accrued vacation time. The Court previously dismissed the WARN Act claims in related adversary proceedings (Thielmann I and II). The class claimants conceded their WARN Act claims were barred, leading the Court to sustain the Trustee's objection to those claims. However, the Court overruled the Trustee's objection to the claim for unpaid accrued vacation time, finding that the putative class claim satisfied the requirements for class certification under Federal Rule of Civil Procedure 23. The Court emphasized that allowing the vacation pay claim to proceed as a class action would result in the most expeditious administration of the MFGI estate, especially since the Trustee had conceded liability for vacation pay. The MFGI Class Claimants were directed to file a motion for class certification as soon as practicable.

BankruptcyClass ActionWARN ActVacation Pay ClaimsClass CertificationRule 23Claims ObjectionSIPA LiquidationEmployee BenefitsBar Date
References
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