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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
Aug 27, 2007

Rochester-Genesee Regional Transportation Authority v. Brigid Hynes-Cherin

The Rochester-Genesee Regional Transportation Authority (RGRTA) and its subsidiary, Regional Transit Service (RTS), moved to stay a Federal Transit Administration (FTA) decision dated July 30, 2007. The FTA had ordered RGRTA to cease providing school bus services on routes deemed "prohibited school bus operations" and barred RGRTA from receiving certain federal funds. RGRTA appealed this decision under the Administrative Procedure Act and sought a stay pending judicial review. The court, presided over by Judge Larimer, granted the stay in part, postponing the effective date of the FTA's order until October 1, 2007. This partial stay was granted primarily to prevent irreparable harm and potential chaos in student transportation due to the imminent start of the school year, despite the court not being convinced that RGRTA was likely to prevail on the merits or would suffer irreparable harm. The court emphasized the public interest in ensuring orderly student transportation. All other aspects of the plaintiff's motion for a stay were denied.

School Bus TransportationFederal Transit Administration (FTA)Stay OrderAdministrative Procedure Act (APA)Judicial ReviewPublic InterestIrreparable HarmTripper ServicePublic TransportationCompetition Law
References
32
Case No. MISSING
Regular Panel Decision

Calpine Corp. v. Nevada Power Co. (In Re Calpine Corp.)

Calpine Corporation and its affiliates (Debtors) filed for Chapter 11 bankruptcy. They sought an extension of the automatic stay to prevent the ongoing "Nevada Litigation" against co-defendant Fireman's Fund Insurance Company (Fireman's) from proceeding. This litigation stemmed from a dispute with Nevada Power Company regarding a Centennial Project bond, for which Fireman's was surety for Calpine's obligations. The Debtors argued that continuing the Nevada Litigation against Fireman's would adversely impact their reorganization efforts due to potential collateral estoppel, indemnification obligations, and distraction of key personnel. The Official Committee of Unsecured Creditors and Fireman's moved to intervene, which was granted. The court found that Calpine demonstrated irreparable harm, and the balance of equities favored granting the stay, as Fireman's liability was contingent on Calpine's, and a judgment against Fireman's would effectively be a judgment against the Debtors, impairing their reorganization. The court granted the motion to stay the Nevada Litigation.

BankruptcyAutomatic StayCo-Debtor StaySection 362Section 105ReorganizationIrreparable HarmCollateral EstoppelIndemnificationSurety Bond
References
33
Case No. ADJ7695261
Regular
Jan 04, 2019

MICHELLE BROUSSARD CHAVIS vs. CITY OF LOS ANGELES

The Workers' Compensation Appeals Board granted reconsideration of a dismissal order for lien claimant Med-Rx Funding, LLC. Med-Rx repeatedly failed to appear at lien conferences, citing a Labor Code section 4615 stay on its liens, which it argued estopped its participation. The Board found that while Med-Rx was on a state list of potentially stayed lien claimants, the specific lien in this case was not flagged in EAMS, and no evidentiary hearing was held to determine the validity of the claimed stay. Consequently, the dismissal was rescinded, and the case was returned for further proceedings to adjudicate the section 4615 stay issue.

Labor Code section 4615Lien claimantPetition for ReconsiderationOrder Dismissing LienNotice of Intent to DismissGood causeEvidentiary hearingDue processWCJEAMS
References
2
Case No. MISSING
Regular Panel Decision

DeLury v. City of New York

Justice Murphy dissents from a decision that denied a motion to vacate a stay, arguing that vacating the stay is crucial to maintain the status quo and prevent irreparable harm to the plaintiffs. The dissent highlights that the City is protected by a $1,000,000 bond, making further delay harmless to the city, while immediate firings could render an expedited appeal moot. The core issue revolves around a contractual clause regarding guaranteed two-year employment for sanitation workers in exchange for waiving rights under Labor Law § 220, which the City argues is invalid under its Administrative Code, allowing for dismissals due to lack of work. Murphy also raises a factual issue regarding whether the City can fire permanent employees while retaining provisional ones. The dissent concludes that the potential irreparable harm to plaintiffs' benefits outweighs the minimal harm to the City, advocating for vacating the stay and directing an expedited appeal or trial.

Stay MotionIrreparable HarmStatus QuoExpedited AppealMootnessSanitation WorkersContractual DisputeGuaranteed EmploymentWaiver of RightsPrevailing Wage
References
1
Case No. MISSING
Regular Panel Decision

Air Line Pilots Ass'n, International v. Eastern Air Lines, Inc. (In Re Ionosphere Clubs, Inc.)

The Air Line Pilots Association International (ALPA) moved to lift the automatic stay imposed during Eastern Air Lines, Inc.'s Chapter 11 bankruptcy proceedings. ALPA sought to continue three arbitration proceedings related to a pay-parity provision in their collective bargaining agreement, which had been automatically stayed. The court considered the federal policy favoring labor arbitration, the potential impact on the bankruptcy estate, and the willingness of arbitrators to allow the Official Unsecured Creditor’s Committee to participate. Finding that 'cause' existed to modify the stay and noting the availability of claims estimation under 11 U.S.C. § 502(c) as a safeguard against undue delay, the court granted ALPA's motion, allowing the arbitration proceedings to resume.

Bankruptcy ProceedingsAutomatic Stay ReliefLabor ArbitrationCollective BargainingRailway Labor ActPay Parity GrievanceChapter 11 ReorganizationCreditors' Committee ParticipationSection 362(d)Dispute Resolution
References
23
Case No. MISSING
Regular Panel Decision

In Re General Motors Corp.

This Bench Decision addresses motions for § 158(d)(2) certification to the Circuit and, alternatively, for a stay pending appeal of a July 5 Order in the bankruptcy proceedings of GM and its affiliates. Presiding Judge Robert E. Gerber denied both motions, finding the conditions for direct appeal to the Circuit were not met due to controlling precedent in the Second Circuit and the lack of a question of public importance that had not already been decided. Regarding the stay request, the court determined that the movants failed to establish a substantial possibility of success on the merits. Granting a stay would inflict catastrophic and irreparable harm upon GM, its multitude of creditors, 225,000 employees, 500,000 retirees, 11,500 suppliers, 6,000 dealers, and the broader North American auto industry, outweighing any potential harm to the appellants. The decision emphasized the critical public interest in allowing GM's essential asset sale to proceed without delay to avoid immediate liquidation.

Bankruptcy AppealSection 158(d)(2) CertificationRule 8005 StayEquitable Mootness DoctrineSuccessor LiabilityPublic Interest FactorsIrreparable HarmCorporate LiquidationCreditors' CommitteeJudicial Discretion
References
14
Case No. MISSING
Regular Panel Decision

In re Metropolitan Life Insurance

This case addresses an application to stay arbitration under a collective bargaining agreement. The petitioner company sought to prevent arbitration concerning the termination of one of its agents, a dispute brought forth by the union. The company contended that the union had waived its right to arbitration by engaging in picketing and demonstrations, which the company alleged violated the agreement. However, the court, citing established precedent, ruled that a breach of the agreement by a party does not automatically terminate the agreement or forfeit the right to arbitration, especially when the agreement itself has not been abrogated. The court determined that the union's conduct, while potentially a breach, was not so fundamentally destructive to the agreement as to preclude arbitration. Consequently, the motion to stay arbitration was denied.

ArbitrationCollective Bargaining AgreementStay of ArbitrationWaiver of ArbitrationUnion DisputeEmployee TerminationBreach of ContractPicketingLabor RelationsJudicial Review
References
3
Case No. 04-15739
Regular Panel Decision
Jun 19, 2006

Continental Casualty Co. v. Pfizer, Inc. (In re Quigley Co.)

Plaintiffs Continental Casualty Company and Continental Insurance Company initiated an adversary proceeding against Pfizer, Inc., Quigley Company, Inc. (a debtor-in-possession and Pfizer's subsidiary), and numerous other insurance companies. The plaintiffs sought a declaratory judgment that certain policies excluded coverage for asbestos-related claims, or alternatively, to reform them and apportion liability. Pfizer and Quigley moved to dismiss for lack of subject matter jurisdiction and failure to state a claim regarding anticipatory repudiation. A group of defendant insurers (Certain Insurers) sought to stay the proceeding and lift the automatic stay for arbitration. The court denied the motion to dismiss for lack of subject matter jurisdiction. It stayed Counts One, Two, and Three, and Guildhall's cross-claim, pending the arbitration of coverage disputes, granting the Certain Insurers relief from the automatic stay to commence arbitration. Count Four, concerning anticipatory repudiation, was dismissed without prejudice.

BankruptcyInsurance Coverage DisputeAsbestos LiabilityDeclaratory Judgment ActArbitration AgreementStay of LitigationMotions to DismissAnticipatory RepudiationWellington AgreementPolicy Exclusions
References
52
Case No. MISSING
Regular Panel Decision
Apr 14, 1960

In re the Arbitration between Luggage Workers Union, Local 60, ILGP & NWU & Major Moulders, Inc.

This case concerns an appeal regarding a motion to stay arbitration. The appellant and the union had an initial agreement stating they would enter into a full-length collective bargaining agreement, which would include arbitration provisions. However, this subsequent agreement was never signed. The union sought arbitration under this unconsummated agreement, leading the defendant (appellant) to file a motion to stay arbitration. The initial order denying this motion was reversed on appeal, with the court granting the motion to stay arbitration. The court found that without a binding collective agreement, there was no effective commitment by the parties to arbitrate.

ArbitrationCollective Bargaining AgreementContract LawMotion to StayAppellate ReviewLabor DisputeUnconsummated AgreementLack of Arbitration ClauseDenial ReversedCosts and Disbursements
References
0
Case No. MISSING
Regular Panel Decision

Employers' Mutual Liability Insurance v. McLellan

This motion, brought by a plaintiff insurance carrier and Flying Tigers, Inc., sought to stay payment to defendant John Johnstone. The payment was awarded by Deputy Commissioner McLellan under the Longshoremen’s and Harbor Workers’ Compensation Act for the death of James M. Johnstone. Plaintiffs argued that the Deputy Commissioner's findings on dependency and jurisdiction were erroneous and that they would suffer irreparable harm without a stay due to no provision for repayment under the Act. However, the court found the application inadequate, citing insufficient facts, rebutted dependency claims, and legally insufficient assertions of irreparable injury. Consequently, the motion for a stay of payment was denied.

Longshoremen's and Harbor Workers' Compensation ActWorkers' CompensationStay of PaymentPreliminary InjunctionIrreparable HarmDependencyJurisdictionCompensation AwardPenalty for Non-PaymentInsurance Carrier
References
8
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