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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Feb 05, 1999

Dunbar Ex Rel. National Labor Relations Board v. Carrier Corp.

Sandra Dunbar, Regional Director of the National Labor Relations Board (NLRB), petitioned for a Section 10(j) injunction against Carrier to prevent the relocation of its TR-1 facility from Syracuse, New York, to Huntersville, North Carolina. The NLRB alleged that Carrier failed to bargain in good faith with Sheet Metal Workers International Association, Local No. 527 (union) over the relocation decision, insisting to impasse on a non-mandatory subject that would alter the bargaining unit's scope. The court found reasonable cause to believe Carrier committed unfair labor practices by failing to bargain in good faith regarding the mandatory subject of relocation. The injunction was granted in part, ordering Carrier to bargain in good faith with the union on the relocation decision and its effects, and enjoining further relocation actions without a good-faith impasse or agreement. A subsequent motion by Carrier for reconsideration, modification, and a limited stay pending appeal was denied.

Labor RelationsUnfair Labor PracticeCollective BargainingSection 10(j) InjunctionRelocation of WorkBargaining ImpasseMandatory Bargaining SubjectPermissive Bargaining SubjectWaiver of RightsStatus Quo Ante
References
29
Case No. 06-17-00093-CV
Regular Panel Decision
May 09, 2018

Jessica Growden, Individually and on Behalf of All Others Similarly Situated v. Good Shepherd Health System, the Good Shepherd Hospital, Inc., and Good Shepherd Medical Center

Jessica Growden sued Good Shepherd Medical Center as a class action after being charged an allegedly unreasonable amount for her daughter's emergency room visit. Growden, uninsured, sought a declaratory judgment that the hospital's contract only allowed billing for the reasonable value of services. Good Shepherd waived Growden's bill before class certification and moved to dismiss for lack of subject-matter jurisdiction due to mootness. The trial court dismissed the suit. On appeal, the Court of Appeals applied the "picking-off exception" to the mootness doctrine, finding that Good Shepherd's waiver was a litigation strategy. The appellate court reversed the dismissal of Growden's class-action claims and her individual claim for attorney fees under the Declaratory Judgments Act, remanding for further proceedings, while affirming the trial court's judgment in all other respects.

Class ActionMootness DoctrinePicking-off ExceptionDeclaratory Judgment ActAttorney FeesSubject-Matter JurisdictionMedical Billing DisputeHospital Emergency ServicesContractual LiabilityAppellate Procedure
References
41
Case No. 2021 NY Slip Op 01050 [191 AD3d 884]
Regular Panel Decision
Feb 17, 2021

Matter of Faith A. M. (Faith M.)

The mother, Faith M., appealed an order from the Family Court, Kings County, which found her to have derivatively neglected her child, Faith A.M. This finding stemmed from a prior neglect determination in May 2014 concerning her other children due to excessive corporal punishment, which the court deemed proximate in time to the current proceeding. The evidence presented, including statements from siblings, testimony from a school counselor, and observations of injuries, corroborated the ongoing use of excessive corporal punishment. The Family Court's assessment of the mother's credibility, finding her denials incredible, was supported by the record, reinforced by her guilty plea to disorderly conduct related to similar allegations. The Appellate Division affirmed the Family Court's order, as the mother failed to provide evidence that the circumstances leading to the neglect finding no longer existed.

Child NeglectDerivative NeglectCorporal PunishmentFamily Court ActAppellate ReviewParental JudgmentPreponderance of EvidenceCredibilityPrior FindingsRisk of Harm
References
11
Case No. MISSING
Regular Panel Decision
Dec 19, 1945

Empire Case Goods Workers Union v. Empire Case Goods Co.

Empire Case Goods Workers Union, on behalf of its members, brought an action against Empire Case Goods Company and Sidney G. Bose to recover vacation pay stipulated in a contract. Empire sold its business to Bose, leading both defendants to deny liability for the vacation pay. The Special Term initially dismissed the complaint against both defendants, reasoning that Empire's employees became Bose's and Bose was not party to the contract. On appeal, the court affirmed the dismissal against Bose, finding no implied assumption of Empire's wage structure. However, it reversed the dismissal against Empire, holding Empire liable for the vacation pay as employees were not notified of the change in employer and continued to work under Empire's apparent authority, making Empire responsible under master and servant law.

Vacation PayEmployer LiabilitySuccessor LiabilityEmployment ContractSale of BusinessNotice of TerminationAgency RelationshipMaster and Servant LawAppellate ReviewWage Dispute
References
2
Case No. 05-20-00859-CV
Regular Panel Decision
Aug 11, 2022

Full of Faith Christian Center, Inc., Full of Faith Christian Center Ministries, Full of Faith Christian Center Ministries, Inc., Calvin Ray Calhoun, and Peggy Calhoun v. Kenneth May & Desire Ophelia Fuentes-May

Kenneth May and Desire Ophelia Fuentes-May (Appellees) sued Full of Faith Christian Center, Inc. and related entities/individuals (Appellants) for nuisance, trespass, negligence, and unlawful diversion of water. A no-answer default judgment was entered against Appellants. Appellants challenged the default judgment, raising issues with citation, substituted service, and an unserved supplemental petition, among others. The appellate court found service and citation were not defective and upheld the denial of the motion for new trial on most grounds. However, the court reversed the award of punitive damages against appellants jointly and severally, remanding for a new trial solely on exemplary damages, and affirmed the trial court's judgment in all other respects.

Default JudgmentService of ProcessSubstituted ServicePunitive DamagesJoint and Several LiabilityMotion for New TrialAppellate ReviewTexas Civil ProcedureNuisanceTrespass
References
33
Case No. MISSING
Regular Panel Decision

United Transportation Union v. DELAWARE AND HUDSON RAILWAY, CO.

This case addresses a labor dispute between the United Transportation Union (UTU), Delaware & Hudson Railway Company (D & H), and the National Mediation Board (NMB) under the Railway Labor Act. UTU sought declaratory and injunctive relief, asserting its right to self-help (strike) after purportedly terminating collective bargaining negotiations with D & H. The NMB intervened, attempting to compel mediation, which UTU resisted, claiming NMB lacked jurisdiction due to proper termination of conferences. The Court, denying UTU's motion for summary judgment, clarified that while mutual termination is not required, an unequivocal termination and good faith bargaining are prerequisites for exercising self-help. Ultimately, the court found genuine issues of material fact existed regarding both the unequivocal termination of conferences and UTU's good faith bargaining efforts, thus precluding summary judgment.

Railway Labor ActCollective BargainingNegotiation TerminationSelf-HelpMediationSummary JudgmentGood Faith BargainingLabor DisputeFederal Rules of Civil Procedure
References
18
Case No. MISSING
Regular Panel Decision

In Re Delta Air Lines

Comair, Inc., a debtor in Chapter 11 bankruptcy, filed a motion to reject its collective bargaining agreement with the International Brotherhood of Teamsters (IBT), representing its flight attendants, under Section 1113 of the Bankruptcy Code. The company sought $8.9 million in annual cost reductions from the flight attendants as part of a larger restructuring plan, arguing their compensation was uncompetitive. The Court, presided over by Judge Adlai S. Hardin, Jr., denied Comair's motion. The denial was based on three main findings: Comair's proposal failed to treat all affected parties fairly and equitably by demanding a disproportionate share of cuts from flight attendants; Comair did not negotiate in good faith by presenting a non-negotiable demand; and the IBT had good cause to reject the proposal due to the unfairness and the likelihood of exceeding the targeted savings. The court also found that the balance of equities did not clearly favor rejection.

BankruptcyChapter 11Collective Bargaining AgreementUnionLabor CostsReorganizationSection 1113Flight AttendantsPilotsMechanics
References
5
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Willoughby Realty & Management Co. & New York State Independent Union of Building Service Employees & Factory Workers, Local 2

The court reversed a prior order, granting the petitioner's motion to stay arbitration in a dispute between employers and a union. The core issue was the employers' right to lay off employees under a collective bargaining agreement, which required "good faith and sound business judgment." While the union challenged the employers' good faith, the court found insufficient facts presented to raise a genuine issue for arbitration. Therefore, the arbitration was stayed. A dissenting opinion argued that the record contained adequate circumstances to challenge the employer's good faith, warranting arbitration. An appeal from a decision by Justice Conlon dated November 5, 1959, was dismissed on grounds of non-appealability.

Arbitration StayCollective Bargaining AgreementEmployee LayoffsEmployer RightsUnion DisputeGood Faith ClauseJudicial ReviewAppellate ReversalDissenting OpinionLabor Law
References
1
Case No. ECF No. 1
Regular Panel Decision
Jan 14, 2017

Kinard v. Dish Network Co.

The National Labor Relations Board (Petitioner) sought a Section 10(j) injunction against DISH Network Company (DISH) for alleged unfair labor practices. The Petitioner claimed DISH coerced employees, implemented retaliatory wage cuts, and unilaterally changed employment terms without bargaining in good faith to impasse. The Court granted the injunction in part, ordering DISH to restore pre-implementation wages to all unit employees, finding reasonable cause that DISH violated the NLRA by unilaterally cutting wages by approximately 50%. However, the Court denied requests to restore healthcare benefits, reinstate constructively discharged employees, and compel good faith bargaining, deeming these not equitably necessary due to speculative harm or lack of ongoing violations.

Labor LawNational Labor Relations ActInjunctionUnfair Labor PracticeCollective BargainingImpasseWage CutUnion RightsEmployer RetaliationSection 10(j)
References
27
Case No. MISSING
Regular Panel Decision

Sisk v. Sara Lee Corp.

This case involves a lawsuit filed by employees, Theorda Randle and William Binder, against Bryan Foods Incorporated, alleging violations of the Fair Labor Standards Act (FLSA). Plaintiffs sought unpaid wages for time spent donning, doffing, and cleaning specialized personal protective equipment (PPE) and other pre- and post-shift activities at Bryan's West Point, Mississippi plant. Bryan moved for summary judgment, asserting that FLSA section 3(o) precluded compensation for these activities and that it had a complete defense under 29 U.S.C. § 259 due to good faith reliance on Department of Labor (DOL) interpretations. The Court determined that the specialized PPE qualified as "clothes" under section 3(o) and found a customary practice of non-compensation beyond ten minutes under a collective bargaining agreement. Furthermore, the Court concluded that Bryan successfully invoked the good faith defense, having relied in good faith on, and acted in conformity with, the 2002 DOL opinion letter. Consequently, the Court granted Bryan's motion for summary judgment, dismissing Plaintiffs' claims with prejudice.

FLSAFair Labor Standards ActSummary JudgmentDonning and DoffingProtective Personal Equipment (PPE)Collective Bargaining Agreement (CBA)Department of Labor (DOL) Opinion LettersGood Faith DefensePortal-to-Portal ActCompensable Time
References
36
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