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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

Air Line Pilots Ass'n, International v. Pan American World Airways, Inc.

The Air Line Pilots Association (ALPA) and the Flight Engineers’ International Association (FEIA) filed an action under the Railway Labor Act against Pan American World Airways (Pan Am) seeking a preliminary injunction. The unions aimed to compel Pan Am to revert to non-concessionary "white pages" agreements after January 1, 1985, arguing that prior "pink pages" concessions were temporary and had expired. Pan Am contended the "pink pages" constituted the status quo for ongoing negotiations. Presiding Judge McLaughlin, consolidating the trial on merits with the injunction hearing, ruled that the parties had explicitly agreed in their contracts that the "white pages" would define the status quo after the expiration of the temporary concessions. Consequently, the court granted the injunction, ordering Pan Am to construct future flight assignment bid lines in accordance with the "white pages," while denying the retrospective reconstruction of already issued January bid lines.

Railway Labor ActPreliminary InjunctionStatus QuoCollective BargainingLabor AgreementContract InterpretationUnion RightsEmployer ObligationsBid LinesConcessionary Agreements
References
10
Case No. ADJ3328242 (SAC 0369772)
Regular
Mar 07, 2009

FRANK R. SANTOS vs. AMERICAN AIR MECHANICAL, INC., FIRST COMP OMAHA for ENDURANCE INSURANCE COMPANY

This case involves an applicant, Frank R. Santos, and defendants American Air Mechanical, Inc. and First Comp Omaha. The Workers' Compensation Appeals Board (WCAB) has issued an order denying reconsideration of a prior decision. The WCAB adopted the findings of the workers' compensation administrative law judge and gave great weight to their credibility determination. Therefore, the petition for reconsideration has been denied.

Workers' Compensation Appeals BoardPetition for ReconsiderationAdministrative Law JudgeCredibility FindingGarza v. Workers' Comp. Appeals Bd.Denial of ReconsiderationAmerican Air MechanicalFirst Comp OmahaEndurance Insurance CompanyADJ3328242
References
1
Case No. MISSING
Regular Panel Decision

Pan American World Airways, Inc. v. Air Line Pilots Ass'n (In Re Pan American Corp.)

This case involves an appeal by Pan American World Airways (Appellant) from a bankruptcy court decision that affirmed an arbitration award. The award, issued by the Pan Am and ALPA System Board of Adjustment, reinstated Captain Harold Gay, Jr. with back pay and full seniority after his discharge for allegedly allowing a flight attendant to manipulate flight controls. The Appellant sought to vacate the award, arguing the Board exceeded its jurisdiction by not deciding the underlying misconduct and by imposing procedural due process requirements not explicitly in the collective bargaining agreement, and that the award violated public policy regarding airline safety. The District Court, presided over by Judge Kimba M. Wood, affirmed the bankruptcy court's decision, finding the Board acted within its jurisdiction by considering due process under the collective bargaining agreement and that the award did not violate public policy, especially given the NTSB's finding that the alleged misconduct did not occur.

Arbitration AwardCollective Bargaining AgreementRailway Labor ActJudicial ReviewDue ProcessPublic PolicyAirline SafetyEmployee DischargeReinstatementBankruptcy Court Appeal
References
14
Case No. MISSING
Regular Panel Decision

Stellar Mechanical Services of New York, Inc. v. Merchants Insurance of New Hampshire

This case involves an appeal concerning an insurance dispute over the duty to defend and indemnify. The plaintiff, Stellar Mechanical Services of New York, Inc., sought a declaratory judgment against Merchants Insurance of New Hampshire, claiming primary insurer obligations in an underlying personal injury action. Stellar, insured by American Empire Surplus Lines Insurance Company, had subcontracted duct work to Serge Duct Design, which was insured by Merchants. Serge was obligated to name Stellar as an additional insured. After a worker's injury and subsequent lawsuit, Merchants disclaimed coverage. The appellate court modified the lower court's order, ruling that Merchants is obligated as the primary insurer to defend Stellar from the time the second amended complaint was served, but not to indemnify Stellar. The case was remitted to the Supreme Court, Queens County, for an assessment of costs incurred by American Empire Surplus Lines Insurance Company.

Insurance CoverageAdditional Insured StatusDuty to DefendDuty to IndemnifyPrimary InsurerExcess InsurerSummary JudgmentContract LawSubcontract AgreementPersonal Injury Action
References
13
Case No. MISSING
Regular Panel Decision

L. B. Smith, Inc. v. Circle Air Freight Corp.

Defendant and third-party plaintiff Circle Air Freight Corp. moved to dismiss two affirmative defenses raised by third-party defendant Iberia Air Lines of Spain. The court denied the motion to strike the first affirmative defense, 'failure to state a cause of action,' as it is not subject to such a motion. Regarding the second affirmative defense, which asserted that the action was time-barred by the two-year period in Warsaw Convention article 29, Circle argued this period was inapplicable to contribution claims. However, the court ruled that Warsaw Convention article 29 constitutes an absolute condition precedent to suit, not merely a statute of limitations, and its two-year period applies broadly to all actions for damages, including those for contribution, overriding conflicting State laws. Consequently, Circle's motion to strike Iberia's second affirmative defense was also denied.

Warsaw ConventionContributionStatute of LimitationsCondition PrecedentAir Carrier LiabilityThird-Party ActionAffirmative DefenseDismissal MotionFederal SupremacyTreaty Interpretation
References
9
Case No. MISSING
Regular Panel Decision
Apr 15, 1983

American White Cross Laboratories, Inc. v. North River Insurance

Vincent Yeager, an employee of American White Cross Laboratories, Inc. (American), was injured during employment, leading to a lawsuit against a machine manufacturer, who then brought a third-party action against American for indemnification. American was covered by both a workers’ compensation policy from the State Insurance Fund and a general liability policy from North River Insurance Co. North River disclaimed liability, citing exclusions for workers’ compensation obligations and bodily injury to employees. American then initiated a fourth-party action against North River for contribution. The Supreme Court initially denied American's summary judgment motion and granted North River's cross-motion to dismiss, with leave to replead for indemnification. This court reversed, holding that North River's exclusions do not insulate it from American’s claims because the employer's liability to a third-party tort-feasor for an employee's injury arises from equitable apportionment, not directly from workers' compensation law, thus granting American's motion for summary judgment and denying North River's cross-motion.

Insurance coverage disputeGeneral liability policyWorkers' compensation exclusionContribution between tort-feasorsIndemnificationSummary judgmentFourth-party actionDole-Dow doctrineEquitable apportionmentEmployer liability
References
2
Case No. MISSING
Regular Panel Decision

Air Line Pilots Ass'n, International v. Eastern Air Lines, Inc. (In Re Ionosphere Clubs, Inc.)

The Air Line Pilots Association International (ALPA) moved to lift the automatic stay imposed during Eastern Air Lines, Inc.'s Chapter 11 bankruptcy proceedings. ALPA sought to continue three arbitration proceedings related to a pay-parity provision in their collective bargaining agreement, which had been automatically stayed. The court considered the federal policy favoring labor arbitration, the potential impact on the bankruptcy estate, and the willingness of arbitrators to allow the Official Unsecured Creditor’s Committee to participate. Finding that 'cause' existed to modify the stay and noting the availability of claims estimation under 11 U.S.C. § 502(c) as a safeguard against undue delay, the court granted ALPA's motion, allowing the arbitration proceedings to resume.

Bankruptcy ProceedingsAutomatic Stay ReliefLabor ArbitrationCollective BargainingRailway Labor ActPay Parity GrievanceChapter 11 ReorganizationCreditors' Committee ParticipationSection 362(d)Dispute Resolution
References
23
Case No. MISSING
Regular Panel Decision

National Union Fire Insurance Co. of Pittsburgh v. American Re-Insurance Co.

The case revolves around a dispute between National Union Fire Insurance Company and American Re-Insurance Company regarding a pollution exclusion clause in a reinsurance policy. National Union sought reimbursement from American Re after settling claims where employees were exposed to metalworking fluids. American Re denied coverage, arguing its pollution exclusion applied. The court, applying Ohio law, found American Re's pollution exclusion ambiguous due to its broad language and its intended purpose of covering environmental contamination. Consequently, American Re's motion for summary judgment was denied, and National Union's motion to strike American Re's defense was granted, requiring American Re to "follow the fortunes" of National Union.

ReinsurancePollution Exclusion ClauseContract InterpretationFollow the Fortunes DoctrineSummary JudgmentInsurance CoverageAmbiguity in ContractsOhio State LawDiversity JurisdictionIndustrial Contamination
References
31
Case No. MISSING
Regular Panel Decision

Curry v. American International Group, Inc. Plan No. 502

Curry, a former Regional Insurance Underwriting Manager for AIG, sued American International Group, Inc. Plan No. 502 and American International Life Assurance Co. of New York ("AI Life") under ERISA § 502(a) after her long-term disability benefits were terminated. Curry suffers from degenerative osteoarthritis and diabetes. AI Life initially approved her benefits but later terminated them, alleging she could perform a sedentary occupation, relying on unverified medical responses. The court found AI Life's decision to be arbitrary and capricious due to its reliance on unreliable medical opinions, failure to clarify the record, and disregard for Curry's doctors' reports. Consequently, the court granted Curry's motion for summary judgment, denying the defendants' motion, and ordered the reinstatement of her benefits with prejudgment interest and attorney's fees.

ERISALong-term disabilityBenefits terminationArbitrary and capricious standardConflict of interestMedical opinionUnreliable evidenceSummary judgmentOrthopaedic conditionsDiabetes
References
10
Case No. MISSING
Regular Panel Decision
Mar 24, 1989

Marroquin v. American Trading Transportation Co.

Plaintiff Edmundo S. Marroquin was injured on November 8, 1985, while cleaning a cargo tank aboard the S.S. Washington Trader on the high seas. Marroquin was employed by third-party defendant Stevens Technical Services and the vessel was owned by defendant and third-party plaintiff American Trading Transportation Company. Marroquin initially sued American Trading for negligence and later added a cause of action for unseaworthiness. American Trading then instituted a third-party action for contribution and indemnification against Stevens. Stevens moved for summary judgment, arguing that Marroquin's unseaworthiness claim was barred by the Longshore and Harbor Workers’ Compensation Act (LHWCA), which would also dismiss American Trading's third-party action. The court denied Stevens' motion, finding that Marroquin was not covered by the LHWCA because he was the equivalent of a 'member of a crew' working on the high seas, not a land-based worker in port. Additionally, the LHWCA's geographical scope does not extend to injuries on the high seas during a long international voyage. Therefore, Marroquin could maintain his unseaworthiness claim, and American Trading could seek contribution or indemnification from Stevens.

Maritime LawUnseaworthiness ClaimLHWCA InapplicabilityHigh Seas InjurySeaman StatusThird-Party ActionSummary Judgment MotionVessel Cleaning CrewContribution and Indemnification
References
17
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