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6 New York opinions name it 2 courts 2004–2014 0 in the last five years
The cases below were cited by New York courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
cluster 796024green2 sentences2012Found., Inc., 469 F3d at 231), there have been no cases addressing the right of an employer in violation of the IRCA to have immunity from third-party claims for contribution and indemnification under Workers’ Compensation Law § 11. 2012Found., Inc., 469 F3d at 231), there have been no cases addressing the right of an employer in violation of the IRCA to have immunity from third-party claims for contribution and indemnification under Workers’ Compensation Law § 11. | 3 | 3 |
Leon v. Martinezgreen2 sentences2012We conclude that the IRCA does not preempt the applicable provisions of the Workers’ Compensation Law and that the violations of the IRCA alleged here do not abrogate the protections provided to the defendant by Workers’ Compensation Law § 11 from third-party claims for contribution and indemnification On a motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action, the court must afford the pleading a liberal construction, accept all facts as alleged in the pleading to be true, accord the plaintiff the benefit of every possible inference, and determin 2012We conclude that the IRCA does not preempt the applicable provisions of the Workers’ Compensation Law and that the violations of the IRCA alleged here do not abrogate the protections provided to the defendant by Workers’ Compensation Law § 11 from third-party claims for contribution and indemnification On a motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action, the court must afford the pleading a liberal construction, accept all facts as alleged in the pleading to be true, accord the plaintiff the benefit of every possible inference, and determin | 2 | 2 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New York. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Breytman v. Olinville Realty, LLC
green
2 sentences2012We conclude that the IRCA does not preempt the applicable provisions of the Workers’ Compensation Law and that the violations of the IRCA alleged here do not abrogate the protections provided to the defendant by Workers’ Compensation Law § 11 from third-party claims for contribution and indemnification On a motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action, the court must afford the pleading a liberal construction, accept all facts as alleged in the pleading to be true, accord the plaintiff the benefit of every possible inference, and determin 2012We conclude that the IRCA does not preempt the applicable provisions of the Workers’ Compensation Law and that the violations of the IRCA alleged here do not abrogate the protections provided to the defendant by Workers’ Compensation Law § 11 from third-party claims for contribution and indemnification On a motion to dismiss the complaint pursuant to CPLR 3211 (a) (7) for failure to state a cause of action, the court must afford the pleading a liberal construction, accept all facts as alleged in the pleading to be true, accord the plaintiff the benefit of every possible inference, and determin | 2 | 2012–2012 |
New York Hospital Medical Center of Queens v. Microtech Contracting Corp.
green
2 sentences2014The Appellate Division unanimously affirmed ( 98 AD3d 1096 [2d Dept 2012]). 2014The Appellate Division unanimously affirmed ( 98 AD3d 1096 [2d Dept 2012]). | 1 | 2014–2014 |
Mendoza v. Monmouth Recycling Corp.
green
2 sentences2005At least one court has recognized that “in the end, the right to workers’ compensation is as much an incident of the employment as the right to receive salary, and has been earned once the labor has been performed” (Mendoza v Monmouth Recycling Corp., supra, 288 NJ Super at 248, 672 A2d at 225 ). 2005At least one court has recognized that “in the end, the right to workers’ compensation is as much an incident of the employment as the right to receive salary, and has been earned once the labor has been performed” (Mendoza v Monmouth Recycling Corp., supra, 288 NJ Super at 248, 672 A2d at 225 ). | 1 | 2005–2005 |
Geier v. American Honda Motor Co.
green
2 sentences2004Since a state law that so “frustrate [s] the accomplishment of a federal objective” (Geier, 529 US at 873 ) is preempted by virtue of the Supremacy Clause, it follows ineluctably from Hoffman that New York law, to the extent it would permit plaintiff to recover the wages he would have earned illegally in the United States, is preempted by IRCA. 2 Hoffman compels the conclusion that plaintiff cannot recover lost United States wages he might have unlawfully earned, had he not been injured, whether it was Tower (by hiring plaintiff without requesting documentation of his right to work) or plainti 2004Since a state law that so “frustrate [s] the accomplishment of a federal objective” (Geier, 529 US at 873 ) is preempted by virtue of the Supremacy Clause, it follows ineluctably from Hoffman that New York law, to the extent it would permit plaintiff to recover the wages he would have earned illegally in the United States, is preempted by IRCA. 2 Hoffman compels the conclusion that plaintiff cannot recover lost United States wages he might have unlawfully earned, had he not been injured, whether it was Tower (by hiring plaintiff without requesting documentation of his right to work) or plainti | 1 | 2004–2004 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.