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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

Federal Express Corp. v. Dutschmann

Marcie Dutschmann, a former Federal Express employee, sued Federal Express for retaliatory discharge and breach of contract. A jury found that Federal Express terminated Dutschmann in retaliation for sexual harassment complaints and failed to exercise good faith in its Guaranteed Fair Treatment Procedure (GFTP) following her termination. Federal Express appealed the $89,000 judgment, raising five points related to sufficiency of evidence, contract formation from employee handbooks, breach of contract submission, good faith and fair dealing in employment, and attorney’s fees. The court affirmed the judgment, finding sufficient evidence for retaliatory discharge and that Federal Express's GFTP created a contractual duty of good faith, which it breached by manipulating the review process.

Retaliatory DischargeSexual HarassmentEmployment ContractEmployee HandbookGood Faith and Fair DealingPunitive DamagesAppellate ReviewJury VerdictDue ProcessGrievance Procedure
References
27
Case No. MISSING
Regular Panel Decision

Commer v. American Federation of State, County & Municipal Employees

Roy Commer, a pro se plaintiff, sued the American Federation of State, County and Municipal Employees (AFSCME) alleging violations of federal labor laws, specifically LMRDA §§ 101(a)(2) and 501, LMRA § 301, and 29 U.S.C. § 158, seeking reinstatement as president of Local 375 and substantial damages. AFSCME moved to dismiss all claims and requested sanctions. The court granted the motion to dismiss, finding that the LMRDA § 501 claim against AFSCME was not cognizable under the statute and that the claim against John/Jane Does lacked jurisdiction. The LMRA § 301 claim was dismissed due to collateral estoppel and failure to allege a specific contract breach. The LMRDA § 101 claim was dismissed administratively due to a pending identical prior action. Lastly, the 29 U.S.C. § 158 claim was found to be preempted by the National Labor Relations Act. The court, however, denied AFSCME's motion for sanctions against Commer, citing his pro se status while issuing a warning against future re-litigation of already dismissed claims.

Federal Labor LawLabor Management Reporting and Disclosure ActLabor Management Relations ActNational Labor Relations ActMotion to Dismiss GrantedSanctions DeniedCollateral EstoppelPreemption DoctrinePro Se LitigationUnion Officer Removal
References
43
Case No. MISSING
Regular Panel Decision

Stephenson v. Hotel Employees & Restaurant Employees Union Local 100

This is a dissenting opinion concerning an age discrimination lawsuit brought by Albert Stephenson and Leroy Hodge against the Hotel Employees and Restaurant Employees Union Local 100 and the Hotel Employees and Restaurant Employees International Union. The plaintiffs were fired in 1992, and a jury found in their favor, awarding substantial damages. The majority opinion reversed this verdict, but the dissenting judge, Mazzarelli, argues that the evidence presented at trial was legally sufficient to support the jury's finding of age discrimination. The dissent reviews the trial proceedings, jury instructions, evidentiary rulings, and damage awards, concluding that the jury had a rational basis for its decision. While affirming liability, the dissent suggests remanding the case for a collateral source hearing to determine potential offsets to the damages.

Age DiscriminationEmployment LawWrongful TerminationJury VerdictAppellate ReviewLegal SufficiencyBurden of ProofPretextDamagesFront Pay
References
22
Case No. MISSING
Regular Panel Decision

Dallas Independent School District v. American Federation of State, County & Municipal Employees, Local Union No. 1442

This case, heard by Justice YOUNG of the Texas Civil Appeals, involved several labor unions and individual public employees challenging the Dallas Public School District and its Superintendent, Dr. W. T. White. The dispute centered on the interpretation of Section 6, Article 5154c, V.A.C.S., concerning the right of public employees to present grievances through non-striking representatives. The District had refused to acknowledge the unions' capacity to act as such representatives. The trial court ruled in favor of the employees and unions, affirming their right to present grievances through their chosen representatives, provided they did not claim the right to strike. The appellate court upheld this decision, overruling the appellants' arguments against the scope of union representation for grievances.

Right to Work LawPublic EmployeesLabor UnionsGrievance ProceduresDeclaratory Judgment ActCollective BargainingRight to StrikeStatutory InterpretationClass ActionAppellate Review
References
4
Case No. MISSING
Regular Panel Decision

American Federation of Government Employees Local 1 v. Stone

Plaintiff Justin McCrary, a federal employee at the Transportation Security Administration (TSA), and the American Federation of Government Employees Local 1 (AFGE Local 1) sued the United States for alleged non-payment of his promised salary, citing violations of Fifth Amendment and contract rights under the Little Tucker Act. The Defendant filed a Motion to Dismiss based on Federal Rules of Civil Procedure 12(b)(1) and 12(b)(6). The Court first dismissed AFGE Local 1 as a party due to lack of representational standing. Subsequently, the Court addressed McCrary's claims, finding his constitutional claim for back pay preempted by the Civil Service Reform Act and unexhausted administratively, thus lacking subject matter jurisdiction. Furthermore, the Court determined McCrary had no protected property interest in a specific salary due to his conditional appointment and probationary status, and no actionable breach of contract claim as federal employees derive benefits from appointment, not contract. Consequently, the Defendant's Motion to Dismiss was granted, and the Plaintiffs' Complaint was dismissed with prejudice due to lack of subject matter jurisdiction and failure to state a claim.

Motion to DismissFederal JurisdictionSubject Matter JurisdictionRule 12(b)(1)Rule 12(b)(6)Fifth AmendmentDue ProcessLittle Tucker ActCivil Service Reform ActBreach of Contract
References
82
Case No. MISSING
Regular Panel Decision

New York City Health & Hospitals Corp. v. Local 2507 of District Council 37 of the American Federation of State, County, & Municipal Employees

This case addresses an application by emergency medical service employees and their union (defendants) seeking reinstatement after termination and rescission of probationary period extensions by the Health and Hospitals Corporation (plaintiffs). The terminations and extensions stemmed from an alleged "sickout" on March 4, 1988. The court examined whether provisional and probationary employees, lacking full civil service protections, have a right to a hearing when terminated, particularly if "liberty interests" are affected by public stigmatization due to alleged Taylor Law violations. Citing constitutional concerns regarding reputation and future employment, the court directed the Health and Hospitals Corporation to grant hearings to all affected provisional and probationary employees to ascertain valid reasons for their absence. Furthermore, if a valid reason is established for a probationary employee, the 60-day extension of their probationary period must be rescinded, and the plaintiffs' cross-motion to dismiss counterclaims was denied.

Provisional EmployeesProbationary EmployeesEmployee TerminationReinstatement RightsTaylor LawCivil Service LawDue ProcessLiberty InterestStigmatizationPublic Employment
References
13
Case No. MISSING
Regular Panel Decision

LIN Television Corp. v. National Ass'n of Broadcast Employees & Technicians—Communications Workers

Plaintiff LIN Television Corporation sought to vacate a labor arbitration award that reinstated employee Timothy Flynn after his termination for making threats. Defendants, National Association of Broadcast Employees and Technicians—Communications Workers of America, counter-claimed to enforce the award. The arbitration found no "just cause" for termination, converting it to a suspension and mandating a positive psychiatric evaluation for Flynn's return. The U.S. District Court, reviewing cross-motions for summary judgment, confirmed the arbitration award. The court ruled that the award drew its essence from the collective bargaining agreement and did not violate public policy regarding workplace safety, thereby denying the plaintiff's motion and granting the defendants' motion.

Labor DisputeArbitration AwardVacaturEnforcementWorkplace SafetyCollective Bargaining AgreementJust CauseEmployee TerminationMental Health EvaluationFederal Court Review
References
26
Case No. 2019 NY Slip Op 05744 [174 AD3d 1206]
Regular Panel Decision
Jul 18, 2019

Matter of Civil Serv. Employees Assn., Local 1000, AFSCME AFL-CIO v. New York State Off. of Children & Family Servs.

The case involves Jarred Sansky, a probationary employee, terminated from his position as Cadet Leader 1 by the New York State Office of Children and Family Services. Petitioners, including Sansky and the Civil Service Employees Association, challenged the termination under CPLR article 78, arguing Sansky had completed his probationary term and was dismissed in bad faith or retaliation for reporting neglect. The Supreme Court dismissed the petition, finding Sansky was still probationary and petitioners failed to prove bad faith or retaliation. The Appellate Division, Third Department, affirmed the dismissal, holding that Sansky's temporary service in a higher position did not automatically count towards his probationary period and that allegations of bad faith or retaliation were unsupported by evidence. Therefore, Sansky, as a probationary employee, was not entitled to a pretermination hearing.

probationary employmentterminationCPLR article 78bad faith dismissalretaliationcivil service lawtemporary appointmentprovisional appointmentNew York State Office of Children and Family ServicesCadet Leader
References
10
Case No. MISSING
Regular Panel Decision

Stephenson v. Hotel Employees & Restaurant Employees Union Local 100 of AFL-CIO

The case involves two plaintiffs, Albert Stephenson and Leroy Hodge, who were terminated from their union organizer and business agent positions by Local 100 and HEREIU in 1992. They filed age discrimination complaints, alleging derogatory comments and a desire for 'young blood.' The defendants argued the terminations were for cause due to an FBI investigation into corruption, bribery, and RICO violations within the union, implicating the plaintiffs. After a jury verdict in favor of the plaintiffs, the Appellate Division reversed, finding defendants presented legitimate, non-discriminatory reasons for termination that plaintiffs failed to prove were pretextual. The Court of Appeals affirmed the Appellate Division's decision, concluding that the evidence was legally insufficient to support the jury's verdict.

Age DiscriminationWrongful TerminationLabor LawUnion CorruptionRICO ViolationsPretextPrima Facie CaseBurden of ProofNew York CourtsAppellate Review
References
12
Case No. MISSING
Regular Panel Decision

Simmons v. Texas City Terminal Railway Co.

This case examines whether an injured maritime employee, covered by the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA), can opt to sue under the Federal Employers’ Liability Act (FELA). The appellant, Leon A. Simmons, a guard for Texas City Terminal Railway Company, suffered a broken leg on the docks and initially filed a FELA suit. The trial court granted summary judgment, determining LHWCA was the exclusive remedy. The appellate court affirmed this decision, holding that LHWCA's exclusivity provision (33 U.S.C. § 905(a)) precludes negligence actions against employers and that LHWCA and FELA are mutually exclusive statutes designed for distinct worker categories.

Longshoremen’s and Harbor Workers’ Compensation ActFederal Employers’ Liability Actexclusive remedymaritime employmentrailroad employmentnegligenceworkers' compensationstatutory interpretationpersonal injuryappellate review
References
18
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