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

Case No. 83 Civ. 2059
Regular Panel Decision

Perry v. International Transport Workers' Federation

This case addresses a complex labor dispute between plaintiffs William Perry (President of Local 6, International Longshoremen’s Association) and International Shipping Association (ISA) against defendant International Transport Workers’ Federation (ITF). Plaintiffs alleged antitrust violations under the Clayton and Sherman Acts, alongside state law claims for tortious interference with contractual rights, primarily concerning ITF’s 'blacking' policy on 'flag of convenience' vessels. ITF cross-claimed for antitrust violations, tortious interference, unfair competition, and trademark infringement under the Lanham Act. The court granted summary judgment to the defendant on the plaintiffs’ antitrust claim, citing a statutory labor exemption for ITF's activities, and dismissed ITF's antitrust counterclaim. While denying summary judgment on most tortious interference claims due to factual disputes, the court granted summary judgment to defendant on ISA’s tortious interference claim and to plaintiff Local 6 on ITF’s counterclaim for tortious interference with contractual relations. Furthermore, the court denied the plaintiffs' motion to dismiss the damages portion of the defendant's Lanham Act counterclaim.

Antitrust LawLabor DisputesSummary JudgmentTortious InterferenceLanham ActSherman ActClayton ActNorris-LaGuardia ActFlag of Convenience VesselsCollective Bargaining
References
55
Case No. 00-CV-1161
Regular Panel Decision
Dec 18, 2000

Gallagher v. INTERNATIONAL BROTH. OF ELEC. WORKERS

Plaintiff Michael Gallagher sued several entities, including the International Brotherhood of Electrical Workers (IBEW) and its President J.J. Barry, alleging age discrimination in employment referrals and retaliation through IBEW Local Union No. 43's hiring hall. Gallagher claimed the collective bargaining agreement facilitated discrimination against older workers and that Local 43 was an agent of the International defendants. The defendants moved for judgment on the pleadings, arguing that Gallagher failed to name the International defendants in his EEOC charge, thus failing to exhaust administrative remedies and that no identity of interest existed between the named and unnamed parties. The court granted the motion, dismissing the claims against the International defendants due to Gallagher's failure to file an administrative complaint against them and the lack of an agency relationship or ratification of discriminatory acts. Furthermore, the court found the claims to be time-barred under both state and federal statutes of limitations.

Age DiscriminationEmployment LawLabor UnionCollective Bargaining AgreementEEOCNYSDHRExhaustion of Administrative RemediesFederal Rule of Civil Procedure 12(c)Judgment on PleadingsStatute of Limitations
References
32
Case No. MISSING
Regular Panel Decision

Curry v. American International Group, Inc. Plan No. 502

Curry, a former Regional Insurance Underwriting Manager for AIG, sued American International Group, Inc. Plan No. 502 and American International Life Assurance Co. of New York ("AI Life") under ERISA § 502(a) after her long-term disability benefits were terminated. Curry suffers from degenerative osteoarthritis and diabetes. AI Life initially approved her benefits but later terminated them, alleging she could perform a sedentary occupation, relying on unverified medical responses. The court found AI Life's decision to be arbitrary and capricious due to its reliance on unreliable medical opinions, failure to clarify the record, and disregard for Curry's doctors' reports. Consequently, the court granted Curry's motion for summary judgment, denying the defendants' motion, and ordered the reinstatement of her benefits with prejudgment interest and attorney's fees.

ERISALong-term disabilityBenefits terminationArbitrary and capricious standardConflict of interestMedical opinionUnreliable evidenceSummary judgmentOrthopaedic conditionsDiabetes
References
10
Case No. MISSING
Regular Panel Decision

Curran v. International Union, Oil, Chemical & Atomic Workers

Plaintiff, an employee of Carborundum Company, suffered a partial hand amputation in a "rubber roll" machine accident on March 8, 1979. He sued his unions, International Union, Oil, Chemical & Atomic Workers, AFL-CIO, and Abrasive Workers, Local 8-12058, Oil, Chemical & Atomic Workers International Union, alleging state law negligence for failing to safeguard him from dangers and a federal claim for breaching their duty of fair representation. The unions moved for summary judgment, arguing federal law preempts the negligence claim and they did not breach their duty of fair representation. The court granted the unions' motion regarding the negligence claim, ruling that a union's duty to its members, arising from a collective bargaining agreement, is governed exclusively by federal law and does not include a duty of care. However, the court denied the motion regarding the breach of fair representation claim, finding sufficient facts and allegations to infer that the unions may have discharged their duty in an arbitrary, perfunctory manner or in bad faith, thus leaving triable issues of fact.

Union LiabilityDuty of Fair RepresentationNegligence ClaimFederal PreemptionCollective Bargaining AgreementSummary Judgment MotionLabor LawWorkplace AccidentSafety and Health CommitteeArbitrary Union Action
References
8
Case No. No. 00-CV-1161
Regular Panel Decision
Dec 28, 2000

Gallagher v. International Brotherhood of Electrical Workers

Michael Gallagher, a member of IBEW Local 43, sued the International Brotherhood of Electrical Workers (IBEW), its President J.J. Barry, IBEW Local 43, and several electrical contractors, alleging age discrimination in employment referrals and retaliation. He claimed violations of the Age Discrimination in Employment Act (ADEA) and New York Executive Law § 296. The International defendants (IBEW and J.J. Barry) filed a motion for judgment on the pleadings, arguing that Gallagher failed to name them in his administrative charges with the EEOC and NYSDHR, and that the claims were time-barred. The court granted the motion, finding that the "identity of interest" exception did not apply, thereby barring the ADEA claim against the International defendants. Additionally, the court ruled that Gallagher's state law claims were also time-barred due to failure to file within the statutory limits against the International defendants.

Age DiscriminationEmployment LawLabor UnionsCollective BargainingHiring HallEEOCNYSDHRStatute of LimitationsJudgment on the PleadingsIdentity of Interest
References
15
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Wells Fargo Armored Service Corp. & Office & Professional Employees International Union, Local No. 153

This case concerns an appeal by Office and Professional Employees International Union, Local No. 153, against Wells Fargo, seeking to compel arbitration after Wells Fargo discharged an employee. The dispute arose when Wells Fargo refused arbitration, citing the union's alleged non-compliance with preliminary grievance steps, which Special Term deemed a condition precedent to arbitration. The appellate court reversed this decision. It clarified that in labor-management agreements, unlike commercial arbitrations, compliance with grievance procedures constitutes procedural arbitrability, a matter for the arbitrator, not the court, to decide. Citing Federal law and the specific language of the collective bargaining agreement, the court denied Wells Fargo's request for a permanent stay and granted the union's motion to compel arbitration.

ArbitrationLabor DisputeCollective Bargaining AgreementProcedural ArbitrabilityConditions PrecedentFederal LawGrievance ProcedureStay of ArbitrationCompel ArbitrationUnion
References
7
Case No. MISSING
Regular Panel Decision
Apr 26, 1971

McLeod v. Sheet Metal Workers International Ass'n, Local Union 28

The National Labor Relations Board (NLRB) sought a temporary injunction against Sheet Metal Workers International Association, Local Union 28, AFL-CIO, alleging secondary boycott and jurisdictional dispute violations of the National Labor Relations Act (NLRA). The dispute arose from a construction project in New York City where the respondent union's members refused to install air-conditioning fans, claiming the associated masonry casing work belonged to them, not to bricklayers represented by another union (Bricklayers Local 34). The court found reasonable cause to believe the respondent engaged in unfair labor practices by attempting to force contractors to cease business with LaSalla Mason Corporation and to reassign the plenum construction work. Citing potential irreparable injury to the general contractor Diesel Construction, the court concluded that the requested injunctive relief was just and proper. Consequently, a temporary injunction was issued to restrain the respondent's actions.

Labor LawNational Labor Relations ActTemporary InjunctionSecondary BoycottJurisdictional DisputeUnfair Labor PracticesConstruction IndustrySheet Metal WorkersBricklayers UnionContract Dispute
References
2
Case No. MISSING
Regular Panel Decision

Sheet Metal Division of Capitol District Sheet Metal, Roofing & Air Conditioning Contractors Ass'n v. Local Union 38 of the Sheet Metal Workers International Ass'n

The plaintiffs, a coalition of sheet metal contractor associations, filed a lawsuit against Local Union 38 and a related employer association, alleging violations of federal and state antitrust and labor laws. The core of the dispute was a collective bargaining agreement provision mandating that all sheet metal fabrication be performed within Local 38's geographical jurisdiction, which plaintiffs argued constituted an illegal trade barrier. Defendants countered that the provision was a lawful work preservation clause, protected under labor law exemptions. The court ultimately ruled that the challenged clause was neither a valid work preservation measure nor exempt from antitrust scrutiny. Consequently, the court granted the plaintiffs' motion for a declaratory judgment, declaring the provision void and unenforceable due to its violation of both the National Labor Relations Act and the Sherman Antitrust Act.

AntitrustLabor LawCollective Bargaining AgreementWork Preservation ClauseSherman ActNLRADeclaratory JudgmentTrade BarrierGeographic JurisdictionSecondary Boycott
References
31
Case No. MISSING
Regular Panel Decision

Gould v. International Paper Co.

Plaintiff Lawrence Gould sustained a severe head injury while performing logging work for his father on property owned by International Paper Company. Plaintiff and his wife initiated an action against G.L. & R.L. Logging, Inc., International Paper Company, and International Paper Timberlands Operating Company, alleging that G.L. & R.L. Logging, Inc. left the property in a dangerous condition by allowing hanging trees to remain, which caused the plaintiff's injuries. Earlier in the litigation, International Paper Company was granted summary judgment, affirmed on appeal, on the grounds of a lack of proximate cause evidence. Subsequently, G.L. & R.L. Logging, Inc. moved for summary judgment, which the Supreme Court denied, citing factual issues from a second deposition. On appeal, the order denying summary judgment to G.L. & R.L. Logging, Inc. is reversed. The appellate court ruled that the doctrine of the law of the case precluded reconsideration of the proximate cause issue, as it had already been judicially determined on facts common to all defendants. The court also found the second deposition testimony to be inconsistent, speculative, and lacking probative value. Summary judgment is granted to G.L. & R.L. Logging, Inc., and the complaint against it is dismissed.

Summary JudgmentProximate CauseLaw of the CaseLogging AccidentPersonal InjuryAppellate ReviewMotion to DismissEmployer LiabilityDangerous Property ConditionDeposition Testimony
References
7
Case No. MISSING
Regular Panel Decision

Local 323 v. International Union of Electronic, Electrical, Salaried, MacHine & Furniture Workers

Plaintiffs, Local 323 and its officers, initiated a lawsuit against the International Union of Electronic, Electrical, Salaried, Machine and Furniture Workers (IUE). They alleged that the IUE unlawfully denied Local 323's right to disaffiliate, claiming the IUE amended its constitution to obstruct disaffiliation and breached its own rules in denying their application. Plaintiffs sought judicial enforcement of disaffiliation, retention of assets, an injunction, and damages. The defendant moved to dismiss the complaint, asserting various defenses, including the plaintiffs' failure to exhaust internal union remedies. The court ultimately granted the defendant's motion, concluding that Local 323 had not exhausted its available administrative remedies within the union, a prerequisite for pursuing the claims in federal court, given the internal nature of the dispute.

Union DisaffiliationLabor LawLMRALMRDAExhaustion of Administrative RemediesInternal Union DisputeMotion to DismissBreach of ContractFederal Court JurisdictionUnion Constitution
References
14
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