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Case Law Database

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

Case No. MISSING
Regular Panel Decision

O'Hare v. General Marine Transport Corp.

In this opinion, the District Court denied General Marine Transport Corporation's motion to amend a prior judgment that awarded damages to the Trustees of the New York Marine Towing and Transportation Industry Pension Fund and Insurance Fund. General Marine sought to amend the judgment based on the recent Supreme Court ruling in DelCostello v. International Brotherhood of Teamsters, arguing for the application of a six-month limitations period. The court determined that DelCostello specifically applies to "hybrid 301/fair representation" claims and does not necessitate a departure from the previously applied six-year New York state statute of limitations for breach of contract actions, citing Auto Workers v. Hoosier Corp. Therefore, the motion was denied, reaffirming the earlier decision.

Motion to Amend JudgmentStatute of LimitationsLabor LawBreach of ContractFederal Rules of Civil ProcedureNational Labor Relations ActLabor Management Relations ActHybrid 301/Fair Representation ClaimsPension FundInsurance Fund
References
16
Case No. MISSING
Regular Panel Decision

Equal Employment Opportunity Commission v. American Express Publishing Corp.

The Equal Employment Opportunity Commission (EEOC) filed an action against American Express Publishing Corporation, alleging age discrimination in the termination of J. Stewart Lahey's employment, violating the ADEA. American Express moved for summary judgment, arguing Lahey had released his ADEA claim by signing an agreement for severance pay. A previous summary judgment motion was denied due to factual issues regarding the knowing and voluntary nature of the release. The court, applying factors such as Lahey's education, time to review the agreement, role in negotiation, and clarity of terms, found that while some factors favored dismissal, significant factual disputes remained. These disputes include the actual time Lahey possessed the release, whether he genuinely negotiated its terms, and the extent and understanding of the consideration received. Therefore, the court denied American Express's renewed motion for summary judgment, concluding these issues require a trial.

Age DiscriminationEmployment TerminationRelease AgreementSummary JudgmentVoluntary WaiverKnowing WaiverSeverance PayFactual DisputeADEAEmployee Rights
References
4
Case No. MISSING
Regular Panel Decision

Schreiber v. K-Sea Transportation Corp.

Nicholas Schreiber, a seaman employed by K-Sea Transportation, sustained injuries. After receiving maintenance and medical expenses, he agreed to K-Sea's arbitration program for further claims in exchange for advance wages. Following a deterioration of his condition and additional surgeries, Schreiber sued K-Sea under the Jones Act. K-Sea initiated arbitration, but Schreiber sought to stay it due to the substantial filing fees and his claim of being unaware of his rights. The Supreme Court granted a permanent stay, deeming the agreement unconscionable and a waiver of jury trial rights. This appellate court reversed, finding the agreement was not a release and the financial burden was speculative. The case was remanded to the Supreme Court for a hearing to determine if Schreiber's waiver of Jones Act rights and agreement to arbitrate was freely and knowingly entered into, considering his status as a ward of admiralty.

Jones ActArbitration AgreementSeaman InjuriesPersonal Injury ClaimWaiver of RightsFederal Arbitration ActEmployment ContractsAppellate ReviewRemand for HearingMaritime Law
References
21
Case No. MISSING
Regular Panel Decision

New York State Labor Relations Board v. Club Transportation Corp.

This case involves an employer, Club Transportation Corp., accused of an unfair labor practice by an entity referred to as "Appellant." The accusation stemmed from the employer's requirement that former employees of Suburban Bus Co., Inc. join the Transport Workers Union of America as a condition of their new employment. The Appellant initially found this constituted an unfair labor practice, arguing it discouraged membership in the employees' former union. However, the majority opinion reversed this finding and granted the employer's application, concluding that such discrimination was permissible due to a valid pre-existing closed shop agreement between Club Transportation Corp. and the Transport Workers Union. Presiding Justice Nolan dissented, contending that the closed shop agreement, made with a properly designated representative, legally justified the employment condition under Labor Law § 704, subd. 5, and the order upholding the Appellant's initial finding should have been affirmed.

Unfair Labor PracticeClosed Shop AgreementLabor UnionCondition of EmploymentDiscriminationCollective BargainingAppellate DecisionDissenting OpinionLabor LawEmployer Employee Relations
References
1
Case No. MISSING
Regular Panel Decision
Jun 28, 2002

Postma v. STC Bus Transportation Corp.

Freddy Postma, an employee of Selby Transportation Corp., was tragically killed by a bus driven by fellow employee Miguel Torres. His wife, individually and as administratrix of his estate, subsequently filed an action for personal injuries and wrongful death against multiple defendants, including STC Bus Transportation Corp., the bus owner. STC Bus cross-moved for summary judgment, seeking dismissal of the complaint and all cross claims against it, which the Supreme Court denied. On appeal, the court modified the lower court's order, granting STC Bus's cross-motion for summary judgment. The appellate court concluded that Torres, Selby Transportation, and STC Bus were immune from suit under the exclusive remedy provision of the Workers' Compensation Law, and STC Bus was also not liable for negligent hiring.

Personal InjuryWrongful DeathSummary JudgmentWorkers' Compensation LawExclusive RemedyEmployer ImmunityVehicle OwnershipNegligent HiringAppellate ReviewKings County
References
7
Case No. MISSING
Regular Panel Decision

Decker v. CSX Transportation, Inc.

Plaintiffs, including the United Transportation Union and Local 377, initiated an action in state court against CSX Transport, Inc. (CSXT), alleging violations of the Railway Labor Act's status quo provisions related to CSXT's planned sale of a rail line. CSXT moved for dismissal, contending that the plaintiffs' notice was barred by a national agreement moratorium, Local 377 lacked standing, the carrier held a unilateral right to sell lines, and the Interstate Commerce Commission (ICC) preempted RLA Section 6. Conversely, plaintiffs asserted that the National Mediation Board had docketed their dispute as major, the sale was a tactic to circumvent RLA provisions, and the moratorium did not apply to them due to local bargaining representation. The court, drawing parallels with Railway Labor Executives’ Association v. Staten Island Railroad Corp., determined that the ICC's authorization of the sale brought the matter under its exclusive jurisdiction. Consequently, the court found itself unable to provide a remedy without interfering with the ICC's order and granted CSXT's motion to dismiss for failure to state a claim.

Railway Labor ActStatus Quo ProvisionsMotion to DismissRail Line SaleInterstate Commerce CommissionPreemptionCollective BargainingLabor DisputeInjunctive ReliefJurisdiction
References
10
Case No. MISSING
Regular Panel Decision
Jul 19, 2001

LaBarbera v. C. Volante Corp.

This action, brought under the Labor Management Relations Act and ERISA, sought recovery of delinquent pension fund contributions from October 1, 1993, to June 30, 1997. The court previously granted default judgment against C. Volante Corp. and C. Volante Trucking Corp. Plaintiffs, trustees of Local 282 Funds, moved for summary judgment against the remaining defendant, Vital Trucking Corp. The court found C. Volante Corp. liable for contributions based on its course of conduct, adopting collective bargaining agreements. C. Volante Trucking Corp. was found jointly liable under the 'single employer' theory due to shared operations, management, and ownership with C. Volante Corp. Vital Trucking Corp. was found jointly and severally liable under the 'alter ego' theory, as it was formed shortly after Volante/Trucking ceased operations, sharing substantially identical business purpose, equipment, customers, and management with the Volante family, indicating an attempt to avoid CBA obligations. The court denied Vital's motion for summary judgment and granted plaintiffs' motion, adopting the Magistrate Judge's recommendation for damages.

Labor Management Relations ActEmployee Retirement Income Security ActPension Fund ContributionsDelinquent ContributionsSummary JudgmentDefault JudgmentSingle Employer DoctrineAlter Ego DoctrineCollective Bargaining AgreementUnion Labor
References
16
Case No. MISSING
Regular Panel Decision

General Motors Corp. v. Gibson Chemical & Oil Corp.

Plaintiff General Motors Corp. ("GM") obtained a preliminary injunction against defendants Roth and Gibson Chemical & Oil Corp. for trademark infringement related to "Dexron" automatic transmission fluid. Subsequently, defendants moved the court to permit them to repackage and sell the impounded, allegedly infringing goods, or alternatively, to have GM remove the goods from their warehouse, citing health and safety hazards. GM opposed these motions and filed a cross-motion seeking an order holding defendants in contempt for violating the preliminary injunction by distributing a brochure displaying the "Dexron" mark at a trade show. The Court denied defendants' motions to repackage, sell, or remove the goods. While finding defendants technically in civil contempt for the brochure distribution, the Court decided against immediate sanctions, noting the violation appeared inadvertent and GM had not yet demonstrated actual damages, but ordered defendants to provide an accounting and allowed GM to present proof of damages at trial.

Trademark InfringementPreliminary InjunctionContempt of CourtCivil ContemptRepackaging of GoodsImpoundment OrderAdvertising ViolationCompensatory DamagesSanctionsTrade Show Brochure
References
10
Case No. CIV-88-1404C, CIV-90-481C
Regular Panel Decision

CSX Transportation, Inc. v. United Transportation Union

CSX Transportation, Inc. (CSXT) initiated the sale of a 369-mile rail line, which threatened the jobs of 226 employees. In response, the United Transportation Union and American Train Dispatchers Association (the Unions) invoked the Railway Labor Act (RLA) § 6, seeking to negotiate labor-protective provisions and preserve the status quo. The district court initially deemed the dispute 'minor' due to CSXT's plausible contractual defense, allowing the sale to proceed while the matter went to arbitration. A special adjustment board subsequently found CSXT's contractual defense unavailing, concluding that existing agreements did not permit the sale without prior bargaining over employee impacts. This court affirmed the board's jurisdiction and its finding, clarifying that the Unions were indeed entitled to status quo preservation during such bargaining, distinguishing its ruling from other circuits that had broadened management prerogative in partial business sales. The case is now remanded to the board to determine the appropriate remedies for the affected union members.

Railway Labor ActLabor DisputeCollective BargainingStatus QuoLine SaleArbitrationMajor DisputeMinor DisputeManagement PrerogativeEmployee Protection
References
51
Case No. MISSING
Regular Panel Decision

General Textile Printing & Processing Corp. v. Expromtorg International Corp.

The case involves a breach of contract action filed by General Textile Printing & Processing Corp. (GTP), a Connecticut corporation with offices in New York City, against Expromtorg International Corp. and its president, Guennadi Razouvaev, both Michigan residents. The defendants moved to stay the litigation in favor of arbitration, citing an arbitration clause in the original sales notes (OSN), and also sought to dismiss claims against Razouvaev for lack of personal jurisdiction. Plaintiff GTP opposed these motions and filed a cross-motion to stay arbitration, arguing that a later, unsigned settlement stipulation had supplanted the arbitration agreement and that defendants had waived their right to arbitrate through litigation. The Court denied the motion to dismiss Razouvaev, finding a prima facie case for piercing the corporate veil based on alleged fraudulent conduct. Ultimately, the Court denied GTP's cross-motion, ruling that the arbitration agreement in the OSN remained effective and that no waiver of arbitration had occurred, thus granting defendants' motion to stay the entire action pending arbitration.

Breach of ContractArbitrationPersonal JurisdictionCorporate Veil PiercingWaiver of ArbitrationDiversity JurisdictionFederal Arbitration ActSales NotesSettlement StipulationAlter Ego Doctrine
References
50
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