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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
Feb 16, 2010

Vought Aircraft Industries, Inc. v. Falvey Cargo Underwriting, Ltd.

This case involves Vought Aircraft Industries' claim against its marine cargo insurers, Falvey Cargo Underwriting, Ltd., XL London Market, Limited, and Dornoch Limited, for breach of policy and other claims. A horizontal stabilizer manufactured by Vought was damaged during rail shipment, a peril covered by the marine cargo insurance policy. Vought repaired the stabilizer and sought reimbursement for direct repair costs, overhead expenses, and expediting costs for replacement stabilizers. The court largely dismissed Vought's claims for expediting costs and overhead expenses, finding most were not covered by the policy, though it noted ambiguity in certain policy clauses regarding some shipping costs and overhead. All of Vought's extra-contractual claims, including breach of good faith and fair dealing, unfair insurance practices, breach of repair agreement, promissory estoppel, quantum meruit, and unjust enrichment, were dismissed. XL London Market, Limited's defense asserting it acted solely as an agent for a disclosed principal was denied, indicating a factual dispute.

Marine Cargo InsuranceInsurance PolicyContract InterpretationBreach of ContractSummary JudgmentGood Faith and Fair DealingTexas Insurance CodePolicy AmbiguityOverhead CostsExpediting Costs
References
73
Case No. MISSING
Regular Panel Decision
Jun 14, 1963

International Union, United Automobile, Aircraft & Agricultural Implement Workers v. American Metal Products Co.

The case involved American Metal Products Company (Ampco) suing two labor unions, Local 1198 UAW and International Union UAW, for damages resulting from a violent strike in Obion County, Tennessee. The unions' conduct included harassment, mass picketing, intimidation, and violence, leading to significant disruption of Ampco's business operations. The Circuit Court initially awarded Ampco compensatory and punitive damages. On appeal, the court affirmed the unions' liability for tortious conduct, emphasizing the state's interest in maintaining public order. However, the appellate court reduced the compensatory damages by limiting the compensable period, resulting in a final judgment of $64,737.59 against the unions, including $50,000 in punitive damages.

Labor RelationsUnion StrikeIndustrial ActionTort LawPunitive DamagesCompensatory DamagesFederal PreemptionLabor Management Relations Act (LMRA)PicketingViolence
References
30
Case No. 83 Civ. 2059
Regular Panel Decision

Perry v. International Transport Workers' Federation

This case addresses a complex labor dispute between plaintiffs William Perry (President of Local 6, International Longshoremen’s Association) and International Shipping Association (ISA) against defendant International Transport Workers’ Federation (ITF). Plaintiffs alleged antitrust violations under the Clayton and Sherman Acts, alongside state law claims for tortious interference with contractual rights, primarily concerning ITF’s 'blacking' policy on 'flag of convenience' vessels. ITF cross-claimed for antitrust violations, tortious interference, unfair competition, and trademark infringement under the Lanham Act. The court granted summary judgment to the defendant on the plaintiffs’ antitrust claim, citing a statutory labor exemption for ITF's activities, and dismissed ITF's antitrust counterclaim. While denying summary judgment on most tortious interference claims due to factual disputes, the court granted summary judgment to defendant on ISA’s tortious interference claim and to plaintiff Local 6 on ITF’s counterclaim for tortious interference with contractual relations. Furthermore, the court denied the plaintiffs' motion to dismiss the damages portion of the defendant's Lanham Act counterclaim.

Antitrust LawLabor DisputesSummary JudgmentTortious InterferenceLanham ActSherman ActClayton ActNorris-LaGuardia ActFlag of Convenience VesselsCollective Bargaining
References
55
Case No. MISSING
Regular Panel Decision

International Ass'n of MacHinists & Aerospace Workers v. Compagnie Nationale Air France

The International Association of Machinists and Aerospace Workers (IAM) sought a preliminary injunction against Air France to prevent the unilateral cancellation of their collective bargaining agreement from January 3, 1977, and to compel Air France to continue recognizing IAM as the representative for cargo agents. Air France terminated the agreement citing Article XVII(q), which was triggered by a National Mediation Board (NMB) decision concerning United Air Lines freight agents, interpreting it as permitting separate bargaining units for cargo agents. IAM contended that Air France's actions violated the Railway Labor Act (RLA) and that Article XVII(q) itself was illegal and an attempt to bypass RLA procedures. The court declined to exercise jurisdiction, categorizing the dispute as both a 'minor dispute' concerning contract interpretation, falling under the National Railroad Adjustment Board's exclusive jurisdiction, and a 'major dispute' regarding employee representation, which is under the primary jurisdiction of the NMB. Since administrative remedies had not been exhausted, the plaintiff's motion for a preliminary injunction was denied, and the case was dismissed.

Labor LawRailway Labor ActCollective BargainingPreliminary InjunctionJurisdictionMinor DisputeMajor DisputeNational Mediation BoardNational Railroad Adjustment BoardUnion Representation
References
23
Case No. 00-CV-1161
Regular Panel Decision
Dec 18, 2000

Gallagher v. INTERNATIONAL BROTH. OF ELEC. WORKERS

Plaintiff Michael Gallagher sued several entities, including the International Brotherhood of Electrical Workers (IBEW) and its President J.J. Barry, alleging age discrimination in employment referrals and retaliation through IBEW Local Union No. 43's hiring hall. Gallagher claimed the collective bargaining agreement facilitated discrimination against older workers and that Local 43 was an agent of the International defendants. The defendants moved for judgment on the pleadings, arguing that Gallagher failed to name the International defendants in his EEOC charge, thus failing to exhaust administrative remedies and that no identity of interest existed between the named and unnamed parties. The court granted the motion, dismissing the claims against the International defendants due to Gallagher's failure to file an administrative complaint against them and the lack of an agency relationship or ratification of discriminatory acts. Furthermore, the court found the claims to be time-barred under both state and federal statutes of limitations.

Age DiscriminationEmployment LawLabor UnionCollective Bargaining AgreementEEOCNYSDHRExhaustion of Administrative RemediesFederal Rule of Civil Procedure 12(c)Judgment on PleadingsStatute of Limitations
References
32
Case No. ADJ6720393
Regular
Nov 26, 2012

PEDRO ALONSO vs. CARGO AIRCRAFT HANDLING INTERNATIONAL, GALLAGHER BASSETT

This case involves an Order Denying Reconsideration by the Workers' Compensation Appeals Board (WCAB). The WCAB adopted the findings of the workers' compensation administrative law judge (WCJ) to deny reconsideration. The denial stems from a lien claimant's "substandard level of legal practice," including objections with incorrect case numbers and untimely filings. The WCAB warned the lien claimant about potential sanctions for failing to comply with DWC and WCAB rules.

WCABPedro AlonsoCargo Aircraft Handling InternationalGallagher BassettADJ6720393Denying ReconsiderationMedi-LabVacate Dismissal OrderDWC RulesWCAB Rules
References
1
Case No. MISSING
Regular Panel Decision

International Brotherhood of Teamsters v. Kitty Hawk International, Inc. (In Re Kitty Hawk, Inc.)

The case involves a motion for partial summary judgment by Kitty Hawk International, Inc. (Debtor) against the International Brotherhood of Teamsters (Union). The Union sought a declaratory judgment that its members' claims under a collective bargaining agreement (CBA) and the Worker Adjustment and Retraining Notification Act (WARN Act) were immediately due and payable as administrative expenses, arguing the CBA was not properly rejected. The Debtor contended these were pre-petition claims not entitled to priority. The court ruled in favor of the Debtor, holding that claims arising from a CBA not rejected under § 1113 are still subject to the priority scheme of § 507. It found that both the CBA Claims and WARN Claims were not administrative claims because no services were rendered post-petition, making them lower priority unsecured claims.

BankruptcyChapter 11Collective Bargaining AgreementWARN ActClaim PriorityAdministrative ExpensesWage ClaimsDebtor-Employer RelationsUnion ClaimsSummary Judgment
References
35
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

Curran v. International Union, Oil, Chemical & Atomic Workers

Plaintiff, an employee of Carborundum Company, suffered a partial hand amputation in a "rubber roll" machine accident on March 8, 1979. He sued his unions, International Union, Oil, Chemical & Atomic Workers, AFL-CIO, and Abrasive Workers, Local 8-12058, Oil, Chemical & Atomic Workers International Union, alleging state law negligence for failing to safeguard him from dangers and a federal claim for breaching their duty of fair representation. The unions moved for summary judgment, arguing federal law preempts the negligence claim and they did not breach their duty of fair representation. The court granted the unions' motion regarding the negligence claim, ruling that a union's duty to its members, arising from a collective bargaining agreement, is governed exclusively by federal law and does not include a duty of care. However, the court denied the motion regarding the breach of fair representation claim, finding sufficient facts and allegations to infer that the unions may have discharged their duty in an arbitrary, perfunctory manner or in bad faith, thus leaving triable issues of fact.

Union LiabilityDuty of Fair RepresentationNegligence ClaimFederal PreemptionCollective Bargaining AgreementSummary Judgment MotionLabor LawWorkplace AccidentSafety and Health CommitteeArbitrary Union Action
References
8
Case No. No. 00-CV-1161
Regular Panel Decision
Dec 28, 2000

Gallagher v. International Brotherhood of Electrical Workers

Michael Gallagher, a member of IBEW Local 43, sued the International Brotherhood of Electrical Workers (IBEW), its President J.J. Barry, IBEW Local 43, and several electrical contractors, alleging age discrimination in employment referrals and retaliation. He claimed violations of the Age Discrimination in Employment Act (ADEA) and New York Executive Law § 296. The International defendants (IBEW and J.J. Barry) filed a motion for judgment on the pleadings, arguing that Gallagher failed to name them in his administrative charges with the EEOC and NYSDHR, and that the claims were time-barred. The court granted the motion, finding that the "identity of interest" exception did not apply, thereby barring the ADEA claim against the International defendants. Additionally, the court ruled that Gallagher's state law claims were also time-barred due to failure to file within the statutory limits against the International defendants.

Age DiscriminationEmployment LawLabor UnionsCollective BargainingHiring HallEEOCNYSDHRStatute of LimitationsJudgment on the PleadingsIdentity of Interest
References
15
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