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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

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

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. 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

Sutera v. Transportation Security Administration

Plaintiff Leonard Sutera, a Lead Transportation Security Officer, was terminated by the Department of Homeland Security (DHS) and Transportation Security Administration (TSA) after two urine samples tested positive for marijuana. Sutera alleged that he inadvertently inhaled secondhand smoke and that his termination violated his due process and privacy rights under the First, Fifth, and Fourteenth Amendments, the Privacy Act, and the Administrative Procedure Act. He sought reinstatement, back pay, and damages. The court granted the defendants' motion for summary judgment, determining that Sutera's constitutional claims were barred by sovereign immunity or lacked merit. The court found that the termination procedures were constitutionally adequate and dismissed claims under the Privacy Act and Administrative Procedure Act.

Due ProcessPrivacy ActAdministrative Procedure ActSovereign ImmunitySummary JudgmentEmployment TerminationDrug TestingFederal EmployeesConstitutional LawSecondhand Smoke
References
55
Case No. 2017 NY Slip Op 01785
Regular Panel Decision
Mar 09, 2017

Henvill v. Metropolitan Transportation Authority

Winston Henvill appealed the dismissal of his complaint and the denial of his petition to vacate an arbitration award, which resulted in the termination of his employment. The Supreme Court had granted defendants' motion to dismiss Henvill's complaint and denied his petition seeking to vacate the arbitration award based on a finding of misconduct. Henvill argued that the Metropolitan Transportation Authority Police Benevolent Association (PBA) breached its duty of fair representation and that the arbitrator's fact-finding was irrational. The Appellate Division affirmed the lower court's decisions, finding no evidence that the PBA's conduct was arbitrary, discriminatory, or in bad faith. Furthermore, the court emphasized that judicial review of arbitration awards is limited to statutory grounds and does not permit reviewing the arbitrator's findings of fact.

Breach of Duty of Fair RepresentationArbitration AwardEmployment TerminationMisconductCPLR Article 75Vacatur of Arbitration AwardCollective Bargaining AgreementAppellate ReviewJudicial Review of ArbitrationLabor Law
References
12
Case No. MISSING
Regular Panel Decision

Mordkofsky v. V.C.V. Development Corp.

Plaintiff Norman J. Mordkofsky, a contract-vendee, sustained injuries when a deck at his custom-built home construction site collapsed. He sued defendant V.C.V. Development Corp., alleging negligence and violations of Labor Law §§ 200 and 241. While the Supreme Court dismissed the Labor Law claim, the Appellate Division reinstated it, broadening the protection of these statutes to anyone lawfully frequenting a construction site. However, the higher court reversed the Appellate Division's decision, clarifying that Labor Law §§ 200 and 241 are primarily intended to protect employees and workers, not contract-vendees or the general public. The court concluded that Mordkofsky did not fall within the protected class as he was neither an employee nor hired to work at the site.

Labor Law §§ 200 and 241Construction Site InjuryContract-VendeeEmployee ProtectionStatutory InterpretationScope of Labor LawAppellate ReviewSafe Place to WorkWorkers' RightsPersonal Injury
References
14
Case No. MISSING
Regular Panel Decision

New York Public Interest Research Group Straphangers Campaign, Inc. v. Metropolitan Transportation Authority

The Metropolitan Transportation Authority (MTA) faced a significant budget deficit and implemented fare/toll increases and token booth closures. Public interest groups challenged these decisions, alleging that the MTA's public hearing notices were misleading and incomplete regarding financial details and alternative solutions. Lower courts initially sided with the petitioners, vacating the MTA's actions. However, on appeal, the court reversed these rulings, asserting that the MTA's notices complied with statutory requirements and were neither false nor misleading. The court emphasized the legislative role in setting disclosure standards and affirmed the MTA's authority, especially concerning the Triborough Bridge and Tunnel Authority's toll-fixing powers. Consequently, the petitions were dismissed, upholding the MTA's original decisions.

Public TransportationFare IncreaseToll IncreaseBudget DeficitPublic HearingsStatutory ComplianceJudicial ReviewAdministrative LawPublic Authorities LawCPLR Article 78
References
13
Case No. MISSING
Regular Panel Decision

McMahan Securities Co. v. Aviator Master Fund, Ltd.

Petitioner McMahan Securities Co., L.R., a securities broker-dealer, sought to stay an arbitration claim initiated by various hedge funds and institutional investors (respondents) before the National Association of Securities Dealers (NASD), now FINRA. The arbitration claim arose from respondents' purchase of $50 million worth of preferred stock units from nonparties Strategy Real Estate Investments, Ltd. (SREI) and Strategy International Insurance Group, Inc. (SIIG), where McMahan acted as a placement agent. Respondents alleged fraud, negligent misrepresentation, and violation of Blue Sky laws, claiming McMahan failed to disclose criminal convictions and legal problems of Strategy's management team and misrepresented Strategy's financial status. McMahan argued that respondents were not its 'customers' under NASD rule 12200 and that a forum selection clause in the subscription agreement precluded arbitration. The court denied McMahan's petition, finding that respondents qualified as McMahan's customers under a broad interpretation of NASD rules and that the dispute arose from McMahan's business activities, thus compelling arbitration. The court also rejected McMahan's attempt to invoke the subscription agreement's forum selection clause, as McMahan was not a signatory to that agreement.

ArbitrationSecurities LawNASD Code of Arbitration ProcedureFINRAPlacement AgentFraud AllegationsNegligent MisrepresentationBlue Sky LawsContract InterpretationForum Selection Clause
References
27
Case No. Docket No. 13
Regular Panel Decision

Rubet v. Commissioner of Social Security

Maria Rubet, claiming disability due to a nervous condition since October 1993, sought judicial review of a decision by the Commissioner of Social Security denying her application for Supplemental Security Income (SSI) benefits. Following a remand and a subsequent hearing, an Administrative Law Judge (ALJ) again found Rubet not disabled, a determination adopted by the Commissioner. Rubet failed to respond to the Commissioner's motion for judgment on the pleadings and a court order. The Court, after reviewing the record and adopting the Commissioner's analysis, found substantial evidence, including medical evaluations, to support the ALJ's finding that Rubet was not disabled. Consequently, the Court granted the Commissioner's motion to dismiss the complaint.

Social SecuritySSI BenefitsDisability ClaimAdministrative Law JudgeMedical EvaluationResidual Functional CapacityMental ImpairmentAppealsJudicial ReviewCommissioner Decision
References
3
Case No. MISSING
Regular Panel Decision

DiBlasi v. Commissioner of Social Security

Plaintiff Frank DiBlasi sought judicial review of a final determination by the Commissioner of Social Security, who denied his claim for Supplemental Security Income benefits, citing disability due to depression, diabetes, high cholesterol, and limb numbness. The Administrative Law Judge (ALJ) denied benefits, a decision affirmed by the Appeals Council. DiBlasi appealed, arguing the Appeals Council failed to consider new material evidence (Dr. Rinzler's assessment), erred by not remanding for clarification of a prior medical opinion, and ignored a psychiatrist's letter. The court found the new evidence cumulative and not material, and that earlier records consistently reflected DiBlasi's difficulties. Ultimately, the court determined that substantial evidence supported the ALJ's finding that DiBlasi could perform simple, routine, unskilled tasks with minimal stress and contact, and that such jobs exist in the national economy. The Commissioner's determination was affirmed.

Supplemental Security IncomeSocial Security BenefitsDisability DeterminationAdministrative Law JudgeAppeals CouncilMedical ImpairmentMental ImpairmentDepressionDiabetesGlobal Assessment of Functioning
References
13
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