Case Summaries

Workers' Comp

[10/19] Robinson v. Orient Marine Co. Ltd.
In an action brought by an injured employee of a stevedoring company against defendant under the Longshore and Harbor Workers' Compensation Act, denial of summary judgment for defendant is reversed as the district court erred in concluding that a time-chartering agreement created a new duty for defendant to protect the stevedore from harm from improperly stowed cargo, beyond a mere duty to warn the stevedore of hidden dangers.

[10/18] Sharareh v. WCAB
In case involving successors in interest to the estate of their son seeking to annul respondent-board's order denying their son compensation for injuries he suffered when he was shot in the throat, respondent's order is annulled where the failure of the arbitrator to prepare a summary of evidence prevents the court from conducting a meaningful review of the respondent's order.

[10/12] Ioerger v. Halverson Construction Co., Inc.
In a negligence action based on injuries sustained as a result of the collapse of a scaffold at a bridge repair site, granting of defendants' motion for summary judgement is reversed where the exclusive remedy provisions of the Workers' Compensation Act do not apply to either defendant-Halverson Construction Co. or the joint venture formed by defendant-Halverson and defendant-Midwest Foundation Corp.

[10/11] Burns v. Varriale
In proceeding to extinguish a lien asserted under Workers' Compensation Law section 29, the Court of Appeals holds that the value of future workers' compensation benefits for a claimant with a nonschedule permanent partial disability is speculative, that the present value of these benefits cannot be ascertained at the time claimant recovers damages in a third-party action, and that claimant is not entitled to an apportionment of attorney's fees based on such future benefits.

[10/10] Napreljac v. John Q. Hammons Hotels, Inc.
In a suit brought against employer alleging that plaintiff was wrongfully terminated as a hotel maintenance engineer for falsely reporting a workplace injury, summary judgment for defendant is affirmed as: 1) plaintiff failed to establish the causation element of his prima case for common law retaliatory discharge, as terminating an employee for falsely reporting an injury does not constitute retaliation for the exercise of workers' compensation rights protected by Iowa public policy; and 2) summary judgment on a claim of disability discrimination under the ADA was proper as plaintiff failed to prove he was disabled.

[10/05] Roszak v. Kankakee Firefighters' Pension Bd.
Denial of plaintiff's claim for line of duty disability is reversed and the matter remanded where the decision of the Board denying disability benefits to applicant was against the manifest weight of the evidence.

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Government Contracts

[10/12] BFI Waste Sys. of N. Am., Inc. v. N. Alamo Water Supply Corp.
In an action brought against the operators of a county landfill alleging that the vertical expansion of the landfill breached a settlement agreement between the parties, petitions for review of a court of appeals decision reversing an injunction against the operators and awarding respondent damages are denied, but the court notes that a footnote in the court of appeals' opinion was outside the issues before it and thus it could not determine the validity of a discharge permit issued to operators.

[10/12] King & King Chartered vs. Harbert Int'l, Inc.
In a suit by a law firm for quantum meruit and tortious interference related to a client's decision not to pursue a case entered into by the law firm on a contingency basis, dismissal of the claims is affirmed where: 1) plaintiff did not identify a third party who interfered with the contingent-fee agreement; and 2) a client's choice to discontinue a case because of his reasonable assessment that there is no chance of recovery precludes quantum meruit recovery.

[10/05] McMahon v. Presidential Airways, Inc.
In wrongful death action brought by the estates of three Army soldiers against the owner and operator of a plane that crashed into a mountain, denial of motion to dismiss is affirmed over claims that: 1) defendant was a common law agent of the federal government at the time of the accident, and is therefore entitled to the sovereign immunity the government might have under the Feres doctrine; 2) the case must be dismissed as its resolution will require the court to decide a political question; and 3) plaintiffs' state law tort claim is preempted pursuant to a rationale based upon the combatant activities exception to the Federal Tort Claims Act.

[10/04] Winter v. Bath Iron Works Corp.
A decision finding that contractor was entitled to an equitable contract adjustment related to the repair of corroded pipes in a ship it was building for the Navy is vacated pursuant to the Navy's appeal where the Armed Services Board of Contract Appeals incorrectly concluded that an improperly performed flush of the piping at issue was a "defect" in the vessel, as used in the contract's insurance clause.

[10/03] Rialto Police Benefit Ass'n v. City of Rialto
A city's decision to enter into a contract with the county sheriff for law enforcement services, rather than continue to provide such services through the city's own police department, is subject to the meet and confer requirements of the Meyers-Milias-Brown Act.

[09/27] City Line Joint Venture v. US
In an action against the government raising breach of contract and takings claims involving an HUD-insured loan used in developing a multi-family rental housing project, summary judgment for the government on the contract claim is reversed as the lower court's reliance on the sovereign acts doctrine as a basis for excusing the government's breach was misplaced.

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