Legal News

Case Summaries

Workers' Comp

[05/06] Steed v. Astrue
Denial of social security disability and supplemental security income benefits is affirmed where: 1) substantial evidence supported a finding that claimant retained the capacity to perform light work and suffered only mild degenerative changes to her back; and 2) the ALJ did not err in its evaluation of medical evidence or in discounting claimant's credibility.

[04/30] Antelope Valley Press v. Poizner
In a case considering whether, for purposes of worker's compensation insurance, persons who made deliveries of newspapers for a newspaper publisher were independent contractors or employees, the court of appeals finds that the specific facts of this case and relevant case law supported a conclusion that the carriers were employees, and not independent contractors.

[04/29] Ramirez v. Murdick
In an action wherein plaintiff filed a Huffman claim seeking liquidated damages, attorney's fees and costs for the late payment of worker's compensation benefits, summary judgment for defendants is affirmed where: 1) the Superior Court did not err in its interpretation and application of Workers' Compensation Act, 19 Del. C. sections 2357 and 2362(c); and 2) although the Superior Court erred in converting employer's motion to dismiss into a motion for summary judgment without notice, the error was harmless.

[12/05] Levan v. Independence Mall Inc.
In an action arising from an injury in a work-related accident wherein a petition for additional compensation was filed with the Industrial Accident Board more than 5 years after the employer's insurance carrier mailed the last medical expense payment, judgment that the petition was time-barred under 19 Del. C. section 2361(b) is affirmed over claims that: 1) the limitations period began to run when the claimant or his medical provider actually receives the last payment; and 2) the Board's decision was not supported by substantial evidence; and 3) the Superior Court applied its own construction of section 2361(b) incorrectly and erred when it upheld the Board's ultimate ruling of the petition as barred.

[11/21] Asbestos Workers Local Union No. 42 Welfare Fund v. Brewster
In a subrogation action brought by an ERISA Fund wherein one of its members sought to have her medical expenses from an automobile accident paid by the Fund, summary judgment for plan administrators is affirmed whereby: 1) the Fund's state law subrogation claim was preempted by ERISA section 514, as the claim "relates to" the ERISA plan; and 2) the Fund's subrogation claim duplicated or supplemented a civil enforcement remedy available to the Fund under section 502(a)(3) of ERISA.

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Injury & Tort Law

[05/07] Family Home & Fin. Ctr, Inc. v. Fed. Home Loan Mortgage Corp.
In mortgage broker's action raising claims against Freddie Mac for intentional interference with contract, unfair competition under California state law, and defamation, summary judgment and a related ruling for Freddie Mac are affirmed where: 1) the intentional interference claim failed as there was no admissible evidence that Freddie Mac influenced or caused another party to terminate its mortgage broker contract with plaintiff, intentionally or otherwise; 2) Freddie Mac's placement of plaintiff on its "Exclusionary List" did not constitute unfair competition; 3) for purposes of the defamation claim, plaintiff failed to show malice to defeat the Common Interest Privilege; and 4) there was no abuse of discretion in denying a request to defer ruling on summary judgment.

[05/07] Serrano v. Stefan Merli Plastering Co., Inc.
Code of Civil Procedure section 2025.510, subdivision (c), and the court's inherent authority to control its ministerial officers and other persons connected with a judicial proceeding in furtherance of justice, authorize the court to require a deposition reporter to provide a copy of a deposition transcript to a non-noticing party in a pending action for a reasonable fee which, in the absence of an agreement between the interested parties, may be set by the court upon a proper evidentiary showing.

[05/06] Pludeman v. N. Leasing Sys., Inc.
The court of appeals rules that plaintiffs sufficiently pleaded a cause of action for fraud against individually-named corporate defendants pursuant to CPLR 3016(b) where it was not unequivocal, as a matter of law, that a finder of fact could not reasonably infer the requisite knowledge or participation by the individual defendants in an act of fraud.

[05/06] Hadley v. Gutierrez
In a 42 U.S.C. section 1983 action involving excessive force claims against defendants-police officers, an order denying defendants' motion for summary judgment seeking qualified immunity is reversed in part where the district court erred in: 1) refusing to grant one defendant qualified immunity on plaintiff's excessive force claim; and 2) refusing to grant qualified immunity to both defendants on plaintiff's conspiracy claim.

[05/05] OSI, Inc. v. US
In an action relating to the Air Force's use of certain land, now owned by plaintiff, as a landfill in prior decades, wherein plaintiff raised tort claims under the Federal Tort Acts (FTCA), claims of cost recovery under the CERCLA, and a citizen suit under the Resource Conversation Act (RCRA), summary judgment for government is affirmed where: 1) the district court lacked jurisdiction to hear plaintiff's RCRA citizen suit claim while federal facility remedial action was ongoing; and 2) the remaining aspects of plaintiff's appeal were without merit.

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