CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. MISSING
Regular Panel Decision
Aug 11, 2014

In re Haemmerle

The debtor, Thomas Haemmerle, moved to hold Wells Fargo Bank, N.A. in civil contempt for violating his Chapter 7 bankruptcy discharge injunction. Haemmerle's personal liability on a mortgage loan was discharged in 2006, despite Wells Fargo not being initially scheduled as a creditor. After the loan defaulted in 2011, Wells Fargo pursued collection efforts. Despite being notified of the discharge in 2013, Wells Fargo continued to make numerous phone calls and send letters asserting Haemmerle's personal liability. The court ruled that Haemmerle's personal liability was discharged by operation of law and that Wells Fargo knowingly and willfully violated the discharge injunction, awarding attorneys' fees and $69,500 in punitive damages.

Bankruptcy LawDischarge InjunctionCivil ContemptCreditor NotificationNo-Asset BankruptcyPersonal LiabilityIn Rem RightsPunitive DamagesAttorneys' FeesEmotional Distress Claims
References
37
Case No. MISSING
Regular Panel Decision

Wolchak v. Wiseman

This case concerns a labor dispute between two rival unions in New York. The plaintiff, Retail Dairy, Grocery and Fruit Clerks’ Union, Local 338 (AFL-affiliated), sued the defendant, Food Workers’ Industrial Union of New York (affiliated with the Trade Union Unity League and Red International of Labor Unions), for unlawful picketing, violence, and intimidation. The defendants targeted shops that had collective bargaining agreements with the plaintiff, employing deceptive signs, smashing windows, throwing stench bombs, and assaulting members of the plaintiff union and merchants. A temporary injunction was issued to stop these activities, but the defendants flagrantly violated it. The court noted the defendants' disregard for legal principles and their affiliations with radical labor organizations. Consequently, the court decided to make the temporary injunction permanent, affirming that such unlawful acts would not be tolerated.

Union disputeLabor injunctionPicketing violenceTrade union lawCollective bargaining agreementsWorker intimidationAFLCommunist affiliationsCourt order violationNew York labor relations
References
6
Case No. MISSING
Regular Panel Decision

Herman v. Fashion Headquarters, Inc.

The Secretary of Labor sought a preliminary injunction against Fashion Headquarters and its President, Paul Cascio, for violating the "hot goods" provision of the Fair Labor Standards Act (FLSA), 29 U.S.C. § 215(a)(1). The defendants were accused of transporting or selling goods produced by contractors who failed to comply with FLSA minimum wage and overtime provisions. The court found that the Secretary successfully demonstrated irreparable harm would ensue without an injunction and showed a clear likelihood of success on the merits, referencing the defendants' history of non-compliance and unreliability. Although the court granted the preliminary injunction, it determined that the Secretary's proposed terms were overly broad. Consequently, a narrower injunction was issued, mandating that the defendants implement steps to ensure contractor compliance with the FLSA, including verifying adherence, reviewing payroll records, obtaining written assurances, and promptly reporting any violations to the Department of Labor.

FLSAHot GoodsPreliminary InjunctionMinimum WageOvertimeContractor LiabilityUnfair CompetitionLabor Law ViolationsEquitable ReliefJudicial Review
References
16
Case No. MISSING
Regular Panel Decision

South Atlantic & Gulf Coast District of the International Longshoremen's Ass'n v. Producers Grain Corp.

This case is an appeal from a temporary injunction granted by the 117th District Court of Nueces County, Texas. The injunction enjoined Local Union No. 1920 and its members from picketing and engaging in work stoppages against Producers Grain Corporation, activities found to violate the 'No Strike Clause' of their collective bargaining agreement. The appellants, including union president Juan Saldana, Jr., contested the state court's jurisdiction and argued their actions were protected by the First Amendment. The appellate court affirmed the injunction, holding that state courts have jurisdiction over breaches of collective bargaining contracts under Section 301(a) of the Taft-Hartley Act, and that picketing aimed at inducing contract violations is not protected free speech under the First Amendment.

Temporary InjunctionLabor RelationsCollective Bargaining AgreementNo-Strike ClausePicketingWork StoppageState Court JurisdictionFederal PreemptionFirst Amendment RightsTaft-Hartley Act
References
22
Case No. MISSING
Regular Panel Decision

Budget Dress Corp. v. Joint Board of Dress & Waistmakers' Union of Greater New York

The plaintiff, a jobber in the dress industry, sought a federal injunction to prevent the collection of a New York State court money judgment. This judgment confirmed an arbitration award against the plaintiff for failing to contribute to health, welfare, and retirement funds, and for using non-union contractors, in violation of collective bargaining agreements. The plaintiff argued the demands were unlawful under the Labor Management Relations Act and that the collective agreements violated the Sherman Act. The federal court denied the plaintiff's motion, citing the Anti-Injunction Act (28 U.S.C. § 2283), the plaintiff's failure to properly litigate the illegality claims in state court, and the absence of demonstrated irreparable harm. The court found that the plaintiff had ample opportunity to raise its arguments in state court and did not carry the burden for a preliminary injunction.

InjunctionLabor Management Relations ActCollective Bargaining AgreementArbitration AwardSherman ActFederal JurisdictionState Court JudgmentIrreparable HarmSupersedeas BondAnti-Injunction Act
References
20
Case No. MISSING
Regular Panel Decision

McLeod v. Local No. 3, International Brotherhood of Electrical Workers

The Director of the Second Region of the National Labor Relations Board (NLRB) sought a temporary injunction against LOCAL UNION NO. 3 I.B.E.W., alleging unfair labor practices related to secondary boycotts. The charges stemmed from picketing by union members at various New York City apartment buildings, where New Power Wire & Electric Corporation and P & L Services, Inc. had electrical rewiring contracts. The union picketed, claiming New Power violated its agreement by employing non-union electricians. The Board contended this picketing violated Section 8(b)(4)(i)(ii)(B) of the National Labor Relations Act. However, the court, applying the Moore Dry Dock Company principles, found no sufficient evidence that the union induced neutral employees or coerced building owners. The court concluded the picketing was informational and confined to the primary dispute's situs, thus not violating the Act. Consequently, the Board's application for a preliminary injunction was denied.

National Labor Relations ActSecondary BoycottUnfair Labor PracticeTemporary InjunctionPicketingLabor Union DisputeCollective Bargaining AgreementMoore Dry Dock TestLandrum-Griffin ActTaft-Hartley Act
References
6
Case No. MISSING
Regular Panel Decision
May 17, 1990

Bergin v. Peplowski

Plaintiff commenced an action seeking a preliminary injunction to prevent defendants from obstructing a common driveway. Despite the injunction, defendants continued to obstruct access. Plaintiff moved to hold defendants in contempt, which the Supreme Court granted, imposing a fine and counsel fees. On appeal, the higher court affirmed the contempt finding, concluding that the preliminary injunction's mandate was clear and defendants' disobedience was proven. The court rejected defendants' arguments regarding the injunction's precision, its breadth, and the necessity of a hearing, finding sufficient factual basis in the submitted papers.

Contempt of CourtPreliminary InjunctionCommon DrivewayObstructionCivil ContemptAppellate ReviewCourt Order EnforcementProperty RightsJudiciary LawMotion Practice
References
5
Case No. MISSING
Regular Panel Decision

Carl Coiffure, Inc. v. Mourlot

This case involves an appeal from a trial court's denial of a temporary injunction sought by Carl Coiffure, Inc. against its former employee, Rosendo Mourlot. Carl Coiffure, Inc. aimed to prevent Mourlot from violating restrictive covenants in an employment contract. The trial court denied the injunction without hearing evidence, asserting the contract was unilateral, lacked consideration, and could be terminated by either party with ten days' notice. The appellate court found the contract to be bilateral and supported by sufficient consideration. It ruled that the termination clause did not nullify the enforceability of the restrictive covenants, especially after two years of employment, and concluded that the trial court abused its discretion by not allowing evidence of the alleged violations. The judgment was therefore reversed and the case remanded.

Restrictive covenantEmployment contractTemporary injunctionAbuse of discretionConsiderationBilateral contractUnilateral contractTermination clauseNon-compete clauseHair stylist
References
21
Case No. MISSING
Regular Panel Decision
Oct 02, 2012

Jones v. Hamilton County

Plaintiffs sought a preliminary injunction to prevent Hamilton County, Tennessee, from continuing its practice of opening County Commission meetings with prayer, arguing it violates the First Amendment's Establishment Clause. After the suit was filed, Hamilton County adopted a formal prayer policy. District Judge HARRY S. MATTICE, JR. denied the motion for preliminary injunction. The Court ruled that the Lemon test does not apply to legislative prayer, instead using the standard set by Marsh v. Chambers. It found the County's new policy facially neutral and that the limited post-policy evidence of two Christian prayers was insufficient to prove a likelihood of irreparable harm for an 'as-applied' constitutional violation. The litigation is set to proceed on the merits.

First AmendmentEstablishment ClauseLegislative PrayerPreliminary InjunctionMunicipal LiabilityReligious FreedomSeparation of Church and StateConstitutional LawJudicial ReviewFacial Challenge
References
57
Case No. MISSING
Regular Panel Decision
May 07, 2003

Blyer v. STATEN ISLAND CABLE LLC.

Petitioner, Alvin Blyer, Regional Director of Region 29 of the National Labor Relations Board, sought a preliminary injunction against respondents Time Warner Cable and Local 3. The injunction aimed to prevent the enforcement of Section 7 of their collective bargaining agreement (CBA), which the petitioner argued constituted an improper 'union signatory' agreement, violating Section 8(e) of the NLRA. This section limited Time Warner's ability to subcontract work only to companies that had agreements with Local 3. The court found reasonable cause to believe that Section 7 had an improper secondary purpose, dictating the labor policies of non-signatory entities like Advantage Cable, rather than genuinely preserving work for the bargaining unit. Consequently, the court granted the injunction, enjoining the respondents from enforcing the contested provisions of Section 7 of the CBA.

Collective Bargaining AgreementUnion Signatory AgreementUnfair Labor PracticesPreliminary InjunctionNLRA Section 8(e)NLRA Section 10(l)Work PreservationSecondary ObjectiveSubcontractingLabor Dispute
References
13
Showing 1-10 of 8,168 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational