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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
Oct 20, 2010

Bartels v. INCORPORATED VILLAGE OF LLOYD

Plaintiff Jeffrey Bartels sued the Village of Lloyd Harbor and several officials under 42 U.S.C. § 1983, alleging First Amendment free speech retaliation and conspiracy. Plaintiff claimed defendants retaliated against him for voicing complaints at public meetings, writing letters, and calling officials. Defendants moved for summary judgment, arguing plaintiff could not prove improper motivation or a chilling effect on his speech. The court found genuine issues of material fact regarding retaliatory motives and the chilling effect of defendants' actions, specifically concerning a harassment charge, and therefore denied summary judgment on the First Amendment claim. However, the court granted summary judgment for defendants on the conspiracy claim, applying the intra-corporate conspiracy doctrine because all individual defendants were employees of the Village acting within their official duties.

First AmendmentFree SpeechRetaliation ClaimSummary JudgmentConspiracy ClaimQualified ImmunityMunicipal LiabilityPolice MisconductHarassment ChargePublic Officials
References
46
Case No. MISSING
Regular Panel Decision
Aug 25, 1993

Meadows v. State University of New York at Oswego

Plaintiffs Ms. Meadows and Ms. Smouse, employees at SUNY Oswego, sought a preliminary injunction against the university and several individuals, alleging harassment and retaliation. Their claims stemmed from perceived involvement in a Title IX complaint, which they contended led to Ms. Smouse's non-renewal and pressure on Ms. Meadows. Plaintiffs argued these actions created a "chilling effect" on their First Amendment rights. The court, presided over by District Judge SCULLIN, denied the motion for a preliminary injunction. The court found that the plaintiffs failed to establish irreparable harm, concluding that an interim injunction would not alleviate the alleged "chill" arising from the threat of permanent discharge, nor did Ms. Meadows's asserted harassment meet the irreparable harm standard.

Preliminary InjunctionFirst Amendment RightsFreedom of SpeechRetaliationHarassmentTitle IXEmployment DiscriminationChilling EffectIrreparable HarmPublic Employees Fair Employment Act
References
6
Case No. MISSING
Regular Panel Decision

Balaber-Strauss v. Town/Village of Harrison

Plaintiffs, including Loronda and Vincent Murphy and a bankruptcy trustee, brought a § 1983 action against the Town/Village of Harrison and its officials, alleging First, Fifth, and Fourteenth Amendment violations, alongside a state defamation claim. They asserted that defendants retaliated against them and chilled their First Amendment rights through defamatory public comments regarding a tax foreclosure of the Murphys' home. The court granted the defendants' motion to dismiss, finding that defamation claims are insufficient for a § 1983 action and that the plaintiffs failed to demonstrate an actual chilling effect on their speech. Furthermore, the Fifth Amendment claim was dismissed as inapplicable to state actors, and no Fourteenth Amendment violation was found. The court also declined to exercise supplemental jurisdiction over the remaining state law defamation claim, dismissing it without prejudice.

First AmendmentSection 1983DefamationMotion to DismissRetaliation ClaimChilling EffectSupplemental JurisdictionTax ForeclosureBankruptcy CodeDue Process
References
24
Case No. MISSING
Regular Panel Decision

Avila-Blum v. Casa de Cambio Delgado, Inc.

In this case, District Judge Marrero reviewed the defendants' objections to a protective order issued by Magistrate Judge Andrew Peek. The protective order barred defendants from inquiring into plaintiff Monica Avila-Blum's immigration status during her deposition, citing the prejudicial effect and minimal relevance at the liability stage, and the chilling effect on undocumented workers pursuing employment claims. Defendants argued that the Magistrate Judge erred in applying case law and in limiting the inquiry to the damages phase, asserting its relevance to credibility and citing Hoffman Plastic Compounds, Inc. v. NLRB. Judge Marrero affirmed the Magistrate Judge's order, finding it was not clearly erroneous or contrary to law, agreeing that the potential for prejudice and the questionable probative value outweighed the defendants' discovery interests at the liability stage. The court also clarified that Hoffman Plastic was distinguishable and limited in scope. Consequently, the defendants' objections were denied, upholding the protective order.

Protective OrderImmigration StatusDiscovery LimitsCredibility EvidencePrejudicial EvidenceFederal Rules of Civil ProcedureEmployment DiscriminationUndocumented WorkersDistrict Court ReviewMagistrate Judge Order
References
9
Case No. MISSING
Regular Panel Decision

Moskal v. Fleet Bank

Plaintiff Mark Moskal, a jeweler, was robbed in Fleet Bank's basement vault area after being directed by a security guard to use a stairwell due to elevator renovations. Moskal and his wife sued Fleet Bank, the building owner (UOB Realty), managing agent (Axiom Real Estate), security company (Effective Security Systems, Inc.), and contractor (Interior Construction Company), alleging negligence for failure to protect him from foreseeable danger. The court granted summary judgment to UOB, Axiom, Security, and Interior, finding the attack unforeseeable by them and no duty owed. However, Fleet Bank's cross-motion for summary judgment was denied, as the court found questions of fact for a jury regarding Fleet's potential duty to Moskal, given its awareness of the stairwell's danger and its specific policy prohibiting customer use, which was allegedly disregarded.

ForeseeabilityNegligencePremises LiabilitySummary JudgmentDuty of CareCriminal Act of Third PersonsBank SecurityStairwell DangerConstruction NegligenceRobbery
References
18
Case No. MISSING
Regular Panel Decision
Aug 13, 1995

Brier v. City University

The respondent City University of New York's determination, dated August 13, 1995, to dismiss the petitioner from his role as Administrative Superintendent of Campus Buildings and Grounds at Lehman College, effective September 8, 1995, was unanimously confirmed. The petition was denied, and the CPLR article 78 proceeding, transferred from the Supreme Court, New York County, was dismissed. The court found that respondent's conclusions regarding the petitioner's failure to report lost keys, ensure proper facility cleaning and maintenance, and general incompetence were supported by substantial evidence, including testimony from the petitioner, superiors, and co-workers. No grounds were found to overturn the respondent's credibility assessments, and the penalty of dismissal was deemed appropriate, especially considering the petitioner's prior disciplinary history.

Public EmploymentAdministrative LawEmployee MisconductWorkplace DisciplineJudicial ReviewArticle 78 ProceedingLehman CollegeCity University of New YorkTermination of EmploymentSubstantial Evidence
References
1
Case No. MISSING
Regular Panel Decision

Harry R. v. Esther R.

This opinion addresses the admissibility of a tape recording in a Family Court visitation proceeding between a divorced father, Harry R., and mother, Esther R., regarding their two children. The father attempted to introduce a recording of his telephone conversations with the children. The mother objected, arguing illegal eavesdropping, irrelevance, lack of foundation, and a parent-child privilege. The court ruled that the recording was not illegal eavesdropping, was relevant and had a proper foundation, but ultimately sustained the objection, determining that admitting such evidence would have a 'chilling effect' on the child-parent relationship and undermine trust, thus precluding its use to safeguard the children's emotional health.

Visitation rightsChild custodyTape recording admissibilityEavesdropping lawParent-child privilegeEvidentiary rulesFamily Court proceedingsConfidential communicationsChildren's emotional healthFourth Amendment
References
9
Case No. MISSING
Regular Panel Decision

Cabrera v. Schafer

Plaintiff Efrain Reyes Cabrera sued his former employers, Thomas Schafer and Dream Team Tavern Corp., alleging violations of the Fair Labor Standards Act and New York Labor Law for unpaid overtime and improper wage notice. The Defendants denied these claims. The Court denied the Defendants' motions in limine, which sought judicial notice of Workers’ Compensation Board findings and admission of allegedly forged immigration documents to impeach the Plaintiff’s credibility. The Court found the request for judicial notice improper as it sought to establish the truth of disputed facts from another case, and the immigration documents, while potentially relevant to credibility, were highly prejudicial and could have a chilling effect on other employees.

FLSANYLLWage and HourOvertimeMotions in LimineJudicial NoticeCredibilityImmigration StatusFederal Rules of EvidenceRule 201
References
15
Case No. MISSING
Regular Panel Decision

Lewis v. American Federation of Television & Radio Artists

In this dissenting opinion, Judge Jasen argues that compelling a public affairs commentator to join a labor organization (AFTRA) and adhere to its orders as a condition of employment violates the First Amendment. The dissent highlights the chilling effect of potential union disciplinary sanctions, such as fines for crossing a picket line, especially given the restrictions on resignation under a union shop agreement. Judge Jasen asserts that this relationship is constitutionally infirm due to the significant First Amendment rights of public affairs commentators. The opinion concludes that the case is ripe for a declaratory judgment to protect the commentator's free speech rights, and therefore, section 8 (subd. [a], par. [3]) of the National Labor Relations Act should be declared unconstitutional as applied to such individuals.

First AmendmentLabor LawUnion MembershipFreedom of SpeechRadio CommentatorDeclaratory JudgmentNational Labor Relations ActUnion Shop AgreementPrior RestraintDissenting Opinion
References
14
Case No. MISSING
Regular Panel Decision

New York State Bar Ass'n v. Reno

The New York State Bar Association (NYSBA) sought to prevent the Attorney General of the United States from enforcing a section of the Balanced Budget Act of 1997, incorporated into the Health Insurance Portability and Accountability Act of 1996. This section criminalizes counseling or assisting individuals in disposing of assets to qualify for Medicaid if such disposal leads to ineligibility, which the NYSBA argued violates the First and Fifth Amendments. Despite the Attorney General's assurance of non-enforcement, the NYSBA claimed irreparable harm due to the chilling effect on its members' free speech rights. The court found that the NYSBA had standing and that its members faced irreparable injury from potential self-censorship. As the government did not contest the unconstitutionality of the provision, the court granted the preliminary injunction.

First AmendmentFifth AmendmentMedicaid EligibilityAsset DisposalPreliminary InjunctionRipeness DoctrineAssociational StandingChilling EffectFree SpeechStatutory Interpretation
References
38
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