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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. MISSING
Regular Panel Decision

In re Blech Securities Litigation

This opinion addresses a motion for class certification in consolidated actions alleging securities and common law fraud. The plaintiffs sought to certify a class against various defendants, including Bear Stearns & Co. and Baird Patrick & Co., for a scheme to manipulate the prices of 'Blech Securities' between October 1991 and September 1994. The court reviewed the class action requirements under Rules 23(a) and 23(b)(3) of the Federal Rules of Civil Procedure, including numerosity, commonality, typicality, and adequacy of representation. Finding that these requirements were satisfied, the court granted the motion for class certification, with the creation of three subclasses to manage the litigation efficiently.

Securities FraudClass ActionMarket ManipulationBroker-DealerInvestment BankingBiotechnology StocksRule 23Federal Civil ProcedureFraud and DeceitConsolidated Actions
References
52
Case No. MISSING
Regular Panel Decision
Apr 26, 2016

The Matter of New York City Asbestos Litigation , Doris Kay Dummitt v. A.W. Chesterton , The Matter of Eighth Judicial District Asbestos Litigation , Joann H. Suttner v. A.W. Chesterton Company

This New York Court of Appeals opinion addresses the scope of a manufacturer's duty to warn regarding dangers arising from the use of its product in combination with a third-party product. The Court held that such a duty exists when the third-party product is necessary for the manufacturer's product to function as intended, whether due to design, mechanics, or economic necessity, and the danger is known and foreseeable. Applying this rule, the Court affirmed judgments against Crane Co. in two separate asbestos litigations, finding that Crane had a duty to warn users of its valves about asbestos exposure from third-party sealing components. The decision clarified the balance of risks and costs in products liability law.

Product LiabilityFailure to WarnAsbestos ExposureMesotheliomaManufacturer DutyCombined Product UseForeseeability of HarmEconomic NecessityComponent Parts DoctrineStrict Liability
References
91
Case No. MDL-1206
Regular Panel Decision
May 27, 1999

In re Lease Oil Antitrust Litigation

This order approves eight settlement agreements in the multidistrict litigation, In re Lease Oil Antitrust Litigation, MDL-1206. The litigation involves claims by royalty and working interest owners against major oil companies for systematically underpaying for crude oil by depressing 'posted prices' below market value. The class comprises millions of members across the US, asserting both state law 'Lease Claims' and federal 'Antitrust Claims' of price-fixing. The court addresses jurisdiction, class certification under Rule 23, the fairness and adequacy of the settlements, and issues related to notice, claim procedures, attorneys' fees, and incentive awards.

Antitrust LawClass Action SettlementOil and Gas RoyaltiesMultidistrict LitigationPrice Fixing ConspiracyFairness DoctrineRule 23 CertificationSupplemental JurisdictionDue Process RightsAttorney's Fees Award
References
71
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
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

Board of Education of Yonkers City School District v. Yonkers Municipal Civil Service Commission

The Board of Education of the Yonkers City School District initiated a CPLR article 78 proceeding to review the Yonkers Municipal Civil Service Commission's determination. The Commission had reinstated Michael DeMuro, a custodial worker, after charges of incompetence and misconduct. This case is a further review following a prior remittal where the Commission violated Civil Service Law § 76 (2) by considering external evidence. The Supreme Court, Westchester County, annulled the Commission's latest determination and transferred the case. This Court (Appellate Division) found the transfer improper as the 'substantial evidence' standard was not applicable. The Court annulled the Commission's determination, vacated the Supreme Court's judgment, denied the cross-petition, and remitted the matter to the Commission for a third determination in strict compliance with Civil Service Law § 76.

Civil Service LawCPLR Article 78Administrative LawJudicial ReviewDue ProcessRemittalAnnulmentDisciplinary ProceedingCustodial WorkerIncompetence
References
3
Case No. 2017 NY Slip Op 02421 [148 AD3d 1146]
Regular Panel Decision
Mar 29, 2017

Matter of Enlarged City Sch. Dist. of Middletown N.Y. v. Civil Serv. Empls. Assn., Inc.

The Enlarged City School District of Middletown New York (the district) terminated an employee, Thomas Turco, pursuant to Civil Service Law § 71 after he was out of work for over a year due to an on-duty injury. The Civil Service Employees Association, Inc. (the union) filed a grievance and then a demand for arbitration, which the district sought to permanently stay. The Supreme Court denied the district's petition, but this appellate court reversed that decision. The court held that public policy prohibits arbitration of the dispute, as an employer cannot bargain away its right to terminate employees under Civil Service Law § 71, and an arbitrator could not fashion a remedy without violating public policy. Therefore, the arbitration was permanently stayed.

Collective Bargaining AgreementArbitration StayPublic Policy ExceptionCivil Service LawEmployee TerminationOccupational DisabilityGrievanceAppellate ReviewCPLR article 75Workers' Compensation Leave
References
8
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