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

Case No. 03-18-00740-CV
Regular Panel Decision
Mar 06, 2020

Gerard Matzen// Marsha McLane, in Her Official Capacity as Director of Texas Civil Commitment Office, and the Texas Civil Commitment Office v. Marsha McLane, in Her Official Capacity as Director of Texas Civil Commitment Office, and the Texas Civil Commitment Office// Cross-Appellee, Gerard Matzen

Gerard Matzen appealed a district court's partial grant of Appellees' plea to the jurisdiction in his civil commitment case under the sexually violent predator (SVP) statute, challenging rulings on his APA, ultra vires, and immunity claims. The Texas Civil Commitment Office (TCCO) and its Director Marsha McLane cross-appealed the denial of their plea regarding Matzen's procedural due process and takings claims. The Court of Appeals affirmed the district court's order, finding Matzen's APA and ultra vires claims invalid and qualified immunity inapplicable. However, the court upheld the district court's denial of the plea concerning Matzen's procedural due process and takings claims, concluding they presented viable constitutional questions requiring further factual development.

Civil commitmentSexually Violent Predator ActPlea to the jurisdictionSovereign immunityUltra vires claimsAdministrative Procedure ActDue processTakings clauseCost recovery feesGovernment agency authority
References
65
Case No. 2022 NY Slip Op 06619
Regular Panel Decision
Nov 18, 2022

Matter of Civil Serv. Empls. Assn., Inc., Local 1000, AFSCME, AFL-CIO, Erie County Unit of Erie County Local 815 (County of Erie)

Petitioner Civil Service Employees Association, Inc. initiated a proceeding under CPLR article 75 to vacate an arbitration award that upheld the termination of one of its members as consistent with their collective bargaining agreement. The Supreme Court denied the petition and confirmed the award. On appeal, the Appellate Division, Fourth Department, affirmed the Supreme Court's decision. The court found that the arbitration award was not irrational, citing the language of the CBA, its reference to civil service rules for Erie County, and the parties' past practices as justification. Furthermore, the Appellate Division concluded that the arbitrator did not exceed his authority by interpreting ambiguous terms within the CBA, rather than rewriting it.

Arbitration AwardCPLR Article 75Collective Bargaining AgreementArbitrator AuthorityIrrational AwardPublic PolicyGrievanceTerminationJudicial ReviewAppellate Review
References
5
Case No. 2020 NY Slip Op 07007
Regular Panel Decision
Nov 25, 2020

Matter of Civil Serv. Empls. Assn., Inc., Local 1000, AFSCME, AFL-CIO (New York State Dept. of Corr. & Community Supervision)

Dana Favreau, an employee, faced dismissal by the New York State Department of Corrections and Community Supervision after allegedly filing false incident reports against her supervisor. Her union, Civil Service Employees Association, Inc., initiated a grievance that led to arbitration. The arbitrator dismissed some charges pre-hearing and all remaining charges when the respondent refused to participate in the evidentiary hearing. The Supreme Court vacated the arbitration award, finding the arbitrator exceeded her authority. The Appellate Division reversed this decision, holding that the arbitrator acted within her authority and consistent with the collective bargaining agreement (CBA) and Civil Practice Law and Rules (CPLR), thereby granting the petitioners' application to confirm the arbitration award and denying the respondent's cross-motion to vacate.

ArbitrationCollective Bargaining AgreementGrievanceDismissal from ServiceAbuse of AuthorityJudicial ReviewAppellate ReversalDue ProcessEvidentiary HearingSummary Judgment
References
13
Case No. M2019-00413-COA-R3-CV
Regular Panel Decision
Feb 04, 2020

The Electric Employees' Civil Service and Pension Board of Metropolitan Government of Nashville and Davidson County, Tennessee v. Brian Mansell

This appeal concerns the termination of Brian Mansell, an NES cable splicer/working foreman, by the Electric Employees’ Civil Service and Pension Board for allegedly approving fraudulent timesheets. An Administrative Law Judge (ALJ) found insufficient evidence of knowing misconduct and recommended Mansell's reinstatement without back pay, citing a lack of training, absence of responsibility to verify timesheets, and common practice of rounding hours. The Board rejected the ALJ's recommendation and upheld the termination without issuing its own factual findings. The trial court reversed the Board's decision, adopting the ALJ's report and ordering Mansell's reinstatement. The Court of Appeals affirmed the trial court's ruling, concluding that the Board's decision was arbitrary and capricious due to its failure to make specific findings of fact and its disregard for the ALJ's well-supported findings.

Employment TerminationFraudulent TimesheetsAdministrative Law JudgeJudicial ReviewSubstantial EvidenceCredibility DeterminationBoard DecisionEmployee ReinstatementArbitrary and CapriciousMetro Charter
References
19
Case No. MISSING
Regular Panel Decision

Moss v. Department of Civil Service

The petitioner, a Senior Youth Parole Worker, initiated an Article 78 proceeding challenging the State Department of Civil Service's requirement of a Master's degree for the Youth Parole Supervisor promotion examination. His application was denied due to the lack of this degree, despite his advanced graduate study and prior assurances of eligibility based on earlier prerequisites. The court affirmed the Civil Service Department's broad discretion in establishing minimum qualifications for competitive examinations. It ruled that earlier prerequisites or unauthorized assurances do not confer a vested right to bypass current requirements, which are subject to the exclusive jurisdiction of the State Department of Civil Service. Consequently, the application was denied, and the petition dismissed.

Civil Service LawPromotion ExaminationEducational RequirementsMaster's DegreeYouth Parole SupervisorDiscretionVested RightsArticle 78 ProceedingState EmployeesCivil Service Commission
References
6
Case No. MISSING
Regular Panel Decision

Owens Corning v. Carter

This case involves consolidated direct appeals to the Texas Supreme Court concerning the constitutionality of several sections of the Texas Civil Practice and Remedies Code: 71.031(a)(3) (borrowing statute), 71.051 (forum non conveniens), and 71.052(b) and (c) (asbestos claim dismissal provisions). Alabama plaintiffs challenged these sections on various constitutional grounds, including retroactivity, open courts, privileges and immunities, equal protection, and special laws. The trial court's judgment was affirmed regarding the constitutionality of section 71.051, which does not violate the Privileges and Immunities Clause. However, the Supreme Court reversed the trial court's findings on sections 71.031(a)(3), 71.052(b), and 71.052(c), holding that they do not violate any asserted constitutional provisions and instructed the trial court to vacate related injunctions.

Constitutional LawTexas Civil Practice and Remedies CodeAsbestos LitigationForum Non ConveniensBorrowing StatuteRetroactivityPrivileges and Immunities ClauseEqual Protection ClauseSpecial LawsStatutory Interpretation
References
55
Case No. MISSING
Regular Panel Decision
Apr 14, 1988

Levitt v. Civil Service Commission

The City of New York appealed a Supreme Court judgment that affirmed the Civil Service Commission's decision to reject the reclassification of the deckhand position from the competitive to the noncompetitive civil service class. Petitioners argued that the Commission applied an overly strict standard, acted inconsistently with Title VII of the Civil Rights Act and the NY Constitution, based its decision solely on a presumption despite expert opinions, and failed to adequately state its reasoning. The Appellate Division found that the Commission properly used the term "compelling" to reflect the constitutional preference for competitive examinations and that its decision, while brief, allowed for judicial review. Citing the public safety roles of deckhands, similar to police and firefighters, the court concluded that competitive examinations are feasible and petitioners failed to demonstrate an impediment to compliance with job-relatedness requirements.

Civil Service LawJob ReclassificationCompetitive ExaminationNoncompetitive ClassPublic SafetyDeckhand PositionAppellate ReviewCivil Rights Act Title VIINew York ConstitutionArbitrary Determination
References
5
Case No. 2022 NY Slip Op 01453
Regular Panel Decision
Mar 09, 2022

Matter of County of Nassau v. Civil Serv. Empls. Assn., Civ. Serv. Empls. Assn., AFSCME, Local 1000, AFL-CIO

The County of Nassau appealed an order denying its petition to permanently stay arbitration and granting the respondents' motion to compel arbitration. The dispute arose when the Civil Service Employees Association (CSEA), on behalf of Joseph W. Grzymalski, a seasonal worker, filed a grievance claiming he was entitled to full-time benefits due to working 40 hours per week. The Appellate Division, Second Department, reversed the Supreme Court's order, ruling that the reclassification of a civil service position, like Grzymalski's, can only be accomplished by the municipal civil service commission as per Civil Service Law § 22, thus rendering the grievance nonarbitrable. Consequently, the Appellate Division granted the County of Nassau's petition to permanently stay arbitration and denied the respondents' motion to compel arbitration.

ArbitrationPublic Sector EmploymentCivil Service LawGrievanceReclassificationSeasonal WorkerFull-Time BenefitsCollective Bargaining AgreementAppellate ReviewJudicial Review
References
6
Case No. MISSING
Regular Panel Decision

City of New York v. City Civil Service Commission

The New York City Personnel Director challenged the City Civil Service Commission's decision to grant veterans' preference credits to police officers who performed a few hours of active duty during a 1970 postal strike. The Court of Appeals found that the Personnel Director had standing to sue, rejecting the argument of an intra-agency dispute due to the Director's policy-making and enforcement authority over civil service laws. On the merits, the Court reversed the Commission's decision, holding that veterans' credits are intended for individuals whose full-time military service significantly disrupted their civilian lives, a condition not met by the police officers' brief service. The court clarified that mere literal fulfillment of "time of war" and "member of the armed forces" definitions is insufficient without demonstrable sacrifice. Therefore, the orders awarding the preference credits were annulled, emphasizing the restrictive interpretation of such preferences in competitive civil service systems.

Veterans' preference creditsCivil Service LawStanding to sueArticle 78 proceedingMunicipal civil service commissionPersonnel DirectorJudicial review of administrative decisionsArmed Forces reservistsActive dutyConstitutional interpretation
References
17
Case No. MISSING
Regular Panel Decision

Woods v. Littleton

Jackie and Cheryl Woods sued B. L. Littleton and Joe S. Thomson, doing business as Superior Construction Company, for defective sewer systems and faulty repairs, alleging violations of the Deceptive Trade Practices-Consumer Protection Act. The trial court found the Act applicable and actions deceptive but declined to treble damages. The court of civil appeals reversed and remanded, questioning the Act's applicability. This court affirmed the remand, ruling that the Act applies to deceptive practices occurring after its effective date (May 21, 1973), even if the initial sale was earlier, and that treble damages are mandatory once liability is established. The case was remanded for a retrial to determine actual damages solely attributable to post-effective date deceptive practices, which must then be trebled.

Deceptive Trade Practices ActConsumer ProtectionMandatory Treble DamagesStatutory InterpretationRemand for RetrialSewer System DefectsFaulty Repair ServiceReal Estate TransactionPost-Effective Date ApplicabilityMental Anguish Damages
References
18
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