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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
Aug 04, 1993

Joint Apprenticeship & Training Council of Local 363 v. New York State Department of Labor

The plaintiff, Joint Apprenticeship and Training Council of Local 363 (JATC), sought a preliminary injunction to prevent the New York State Department of Labor (NYSDOL) from deactivating its status as a registered apprenticeship training program. JATC argued that deactivation procedures should mirror deregistration, requiring a hearing, and that the Fitzgerald Act provided a private right of action. The court denied the motion, finding no federal requirement for a hearing for deactivation and distinguishing it from deregistration, which has more severe consequences. Furthermore, the court concluded that the Fitzgerald Act does not create a private right of action for program sponsors. The court also found no irreparable harm to the plaintiff or its apprentices, as apprentices could transfer to other programs without losing credit, and the JATC program could re-register or continue unregistered.

Preliminary InjunctionApprenticeship ProgramDeactivationDeregistrationNew York State Department of LaborFitzgerald ActPrivate Right of ActionIrreparable HarmFederal RegulationsState Regulations
References
11
Case No. MISSING
Regular Panel Decision

Danielson v. Joint Board of Coat, Suit & Allied Garment Workers Unions, ILGWU

The Regional Director of the National Labor Relations Board filed a petition for a temporary injunction against the Joint Board of Coat, Suit and Allied Garment Workers Union, ILGWU, AFL-CIO. This action stemmed from a charge by Hazantown, Inc., alleging the Joint Board engaged in unfair labor practices by picketing for recognition without filing an election petition within the statutory thirty-day period. Hazantown, a New York garment manufacturer utilizing contractors, became the target of picketing aimed at securing a "jobbers' agreement," which would obligate Hazantown to deal exclusively with union contractors, despite the Joint Board's disclaimer of interest in representing Hazantown's direct employees. The picketing demonstrably hindered Hazantown's business operations by inducing a stoppage of deliveries. Despite the complex statutory interpretation issues regarding Sections 8(b)(7)(C) and 8(e) of the National Labor Relations Act, the District Court, acknowledging its narrow jurisdiction, found "reasonable cause" to believe an unfair labor practice had occurred. Consequently, to maintain the status quo pending a full adjudication by the Board, the court granted the temporary injunction.

National Labor Relations ActUnfair Labor PracticeTemporary InjunctionPicketingLabor Union RecognitionGarment Industry ExemptionJobber's AgreementNLRA Section 8(b)(7)(C)NLRA Section 8(e)District Court Jurisdiction
References
7
Case No. 03-cv-4134
Regular Panel Decision

Infantolino v. Joint Industry Board of the Electrical Industry

Anthony Infantolino sued the Joint Industry Board of the Electrical Industry (JIB) and Thomas Bush, alleging unlawful retaliation under the Americans with Disabilities Act (ADA) and New York State/City laws. JIB moved for summary judgment, arguing procedural defects and substantive failures, including that it was not Infantolino's employer. The court found JIB to be a 'joint labor-management committee' and thus a 'covered entity' under the ADA, refuting the employer argument. The court denied summary judgment regarding the retaliation claims, finding genuine issues of fact as to whether JIB's stated reasons for its actions were pretexts for impermissible retaliation. However, the motion for summary judgment was granted in part, denying punitive and compensatory damages for the ADA retaliation claim and punitive damages for the New York State Human Rights Law claim, but allowing punitive damages for the New York City Human Rights Law claim.

ADA RetaliationDisability DiscriminationSummary JudgmentBurden-Shifting FrameworkCausal ConnectionPretextPunitive DamagesCompensatory DamagesNew York City Human Rights LawNew York State Human Rights Law
References
36
Case No. 71 Civ. 2381
Regular Panel Decision
May 27, 1971

Botany Industries, Inc. v. New York Joint Board, Amalgamated Clothing Workers of America

Botany Industries, Inc., an employer, sought to vacate a labor arbitration award, while the New York Joint Board, Amalgamated Clothing Workers of America, the union, sought its confirmation and enforcement. The dispute arose from a 1966 agreement between Botany and the Joint Board, which restricted Botany from doing business with non-union manufacturers of boys', students', and junior clothing and from licensing its 'Botany' trademark under similar conditions. Botany argued these provisions constituted an illegal 'hot cargo' agreement under section 8(e) of the Labor Management Relations Act. The union contended the agreement was protected by the 'garment industry exemption' or was a 'work preservation clause.' The court, presided over by Chief Judge Edelstein, found it had jurisdiction to review the award. It determined Botany did not fall under the garment industry exemption, nor was the agreement a valid work preservation clause. Consequently, the court held the agreement void and unenforceable, thereby vacating Arbitrator Gray's award.

Labor LawArbitration AwardHot Cargo ClauseGarment Industry ExemptionCollective Bargaining AgreementJudicial ReviewUnfair Labor PracticeUnion AgreementContract EnforcementTrademark Licensing
References
40
Case No. MISSING
Regular Panel Decision

Claim of Ayers v. Hakes

Claimant, a horse groom for Gordon Hakes' business, Painted Post Car Mart, developed carpal tunnel syndrome while working at Larry Hakes' farm. The Workers' Compensation Board ruled that Utica Mutual Insurance Company's policy, covering automotive work, did not cover the claimant's farm-related injury. The Board also found Gordon Hakes and Larry Hakes jointly and severally liable as uninsured employers due to a dual employment relationship. This appeal affirmed the Board's findings on policy coverage and dual employment but reversed the imposition of joint and several liability, remitting the matter to determine if a joint venture existed and, if not, to apportion liability between the Hakeses.

Workers' CompensationCarpal Tunnel SyndromeInsurance Policy CoverageEmployer LiabilityDual EmploymentJoint and Several LiabilityAppellate ReviewRemand for Further ProceedingsHorse Grooming InjuryPolicy Interpretation
References
4
Case No. 2022 NY Slip Op 02063
Regular Panel Decision
Mar 24, 2022

Hasenzahl v. 44th St. Dev. LLC

The Appellate Division, First Department, considered an appeal concerning a Supreme Court order that granted a motion to sever and stay a second third-party action, and denied a motion for summary judgment. The court found that the Supreme Court providently exercised its discretion in severing and staying the second third-party action, citing that joint tortfeasors are not necessary parties. It further noted that Gateway and Woodworks' subcontracts provided for joint and several liability, allowing for apportionment in a separate proceeding. However, the Appellate Division modified the order by granting Gateway's motion for summary judgment, dismissing the common-law indemnification and contribution claims against it. This dismissal was based on the Workers' Compensation Law § 11, as the plaintiff, Gateway's employer, did not sustain a grave injury.

Appellate PracticeThird-Party ActionsSeverance and StaySummary JudgmentCommon-Law IndemnificationContribution ClaimsWorkers' Compensation LawGrave InjuryJoint and Several LiabilitySubcontractor Agreements
References
5
Case No. MISSING
Regular Panel Decision

Elaine W. v. Joint Diseases North General Hospital, Inc.

Plaintiffs, including Elaine W., sued Joint Diseases North General Hospital for unlawful sexual discrimination due to its policy of excluding pregnant women from its drug detoxification program. The hospital defended its blanket exclusion on medical grounds, citing a lack of specialized equipment, obstetricians, and licensing for obstetrical care. After conflicting rulings in lower courts, with the Appellate Division siding with the hospital, the New York Court of Appeals reversed the Appellate Division's decision. The Court ruled that the hospital must prove its blanket exclusion is medically warranted at trial, rejecting the idea that a mere medical explanation, when disputed, validates a discriminatory policy. The case emphasizes that distinctions based on pregnancy constitute sexual discrimination under New York's Human Rights Law, requiring individual assessment unless a complete medical impossibility of safe treatment is demonstrated.

Sexual DiscriminationPregnancy DiscriminationDrug Detoxification ProgramHospital PolicyMedical JustificationHuman Rights LawExecutive LawAppellate ReviewSummary JudgmentBurden of Proof
References
11
Case No. 87 CV 0450
Regular Panel Decision
Jul 26, 1990

In Re Joint Southern & Eastern Dist. Asbestos Lit.

Plaintiff Anna Gallin moved to set aside a jury verdict in an asbestos litigation case against defendant Owens-Illinois, Inc. The motion followed a trial where the jury allocated percentages of liability among the remaining defendant and several settling co-defendants, including Eagle-Picher and Keene Corporation, for wrongful death and product liability claims. Plaintiff challenged these allocations, arguing a lack of sufficient evidence under New York law. The United States District Court for the Eastern District of New York, presided over by Judge McLaughlin, reviewed the evidence and, applying a strict standard for disturbing jury verdicts, found enough support for the jury's findings regarding the liability percentages. Consequently, the court denied the plaintiff's motion to set aside the verdict.

Asbestos LitigationJury VerdictJudgment Notwithstanding VerdictNew York General Obligations LawLiability AllocationSettling Co-defendantsWrongful Death ClaimProduct LiabilityComparative FaultEvidence Sufficiency
References
20
Case No. MISSING
Regular Panel Decision

Kosakow v. New Rochelle Radiology Associates, P.C.

Nancy Kosakow sued her former employer, New Rochelle Radiology Associates, alleging FMLA violations and wrongful denial of severance pay under ERISA. The court previously found FMLA claims collaterally estopped but remanded the ERISA claim to the Plan Administrator for a determination on severance eligibility. The Administrator denied severance, finding Kosakow not "terminated" and, even if so, not entitled to severance. This court reversed the "not terminated" finding, stating Kosakow was terminated due to a reduction in force. However, the court affirmed the Administrator's denial of severance, concluding that the "where applicable" clause in the Plan gave the Administrator broad discretion and that Kosakow's circumstances did not warrant severance. The court found that the denial was not unreasonable, even when considering a severance payment made to another full-time employee under different circumstances.

ERISASeverance PayFMLATerminationSummary JudgmentDe Novo ReviewPlan Administrator DiscretionEmployee BenefitsReduction in ForcePolicy Manual
References
8
Case No. MISSING
Regular Panel Decision

Genesco, Inc. v. JOINT COUNCIL 13, UNITED SHOE WKRS. OF AMER.

The plaintiff, Genesco, Inc., a shoe manufacturer, sued Joint Council 13, United Shoe Workers of America, AFL-CIO, alleging four causes of action. The first cause of action claimed a breach of collective bargaining agreements and a no-strike clause. The second alleged violations of Section 303 of the L.M.R.A. by inducing other employers to cease doing business with Genesco. The third and fourth causes of action were common law torts alleging inducement of other labor organizations to breach contracts and a scheme to destroy Genesco's business. The court dismissed the first cause of action, finding no valid contract existed at the time of the strike. The second cause of action survived dismissal, while the third and fourth causes of action were dismissed with leave to amend, as they were deemed arguably within the exclusive jurisdiction of the National Labor Relations Board.

Labor DisputeCollective Bargaining AgreementNo-Strike ClauseArbitration ClauseUnfair Labor PracticeNational Labor Relations BoardJurisdictionPreemptionPendent JurisdictionDiversity Jurisdiction
References
22
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