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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

Verdi v. United States

This case addresses the application of pendent jurisdiction in a Federal Torts Claims Act (FTCA) case where a state common law claim is asserted against a party over whom there is no independent federal jurisdiction. Plaintiffs brought an action, including a claim against the Town of Huntington, following a slip and fall accident near a U.S. Post Office. The Town of Huntington moved to dismiss for lack of jurisdiction. The U.S. Magistrate recommended retaining jurisdiction, applying the doctrine of pendent-party jurisdiction. The District Court adopted this recommendation, concluding that pendent-party jurisdiction is appropriate in FTCA cases under these circumstances to ensure all claims can be tried in a single federal forum. Therefore, the Town of Huntington's motion to dismiss was denied, and its request for an interlocutory appeal was also denied.

Pendent JurisdictionFederal Tort Claims ActSlip and FallMotion to DismissPersonal InjuryFederal Court JurisdictionState Law ClaimsCommon Nucleus of Operative FactInterlocutory AppealJudicial Economy
References
27
Case No. MISSING
Regular Panel Decision

Board of Education, Peru Central School District v. Stephney

The petitioner, Peru Central School District, sought to overturn the penalty phase of an arbitration award against a tenured second-grade teacher (respondent) who used classroom computers to search for pornographic images. The hearing officer found the respondent guilty of most charges, imposing a suspension without pay and retaining jurisdiction for two years. The petitioner argued the hearing officer exceeded authority by retaining jurisdiction and that the penalty violated public policy, requesting dismissal or remand for a more severe penalty. The respondent countered that public policy was not violated as no students viewed the images. The court determined that the hearing officer exceeded his authority by retaining jurisdiction without directing remedial actions and that the penalty violated public policy given the teacher's role and the federal Child Internet Protection Act. Consequently, the court granted the petition, vacating the penalty portion of the award and remanding the matter for a redetermination of an appropriate penalty by the original hearing officer, while clarifying it could not impose its own penalty of dismissal.

Arbitration AwardTeacher MisconductInternet Policy ViolationPornography in ClassroomPublic Policy ViolationArbitrator Authority ExceededPenalty VacatedRemand for PenaltyEducation LawCPLR 7511
References
9
Case No. MISSING
Regular Panel Decision

In re Bridget Y.

The dissenting opinion argues that the New York Family Court improperly exercised temporary emergency jurisdiction over the subject children, Colleen Y. and Kelly Y. While agreeing that New Mexico was the children's home state and a custody proceeding was already pending there, the dissent contends that the strict criteria for an emergency, requiring 'imminent and substantial danger,' were not met. The dissent points out that the New Mexico court had already assumed jurisdiction, transferred custody to an Ohio family, and issued a protective order against the parents, thereby eliminating any immediate risk of abuse or parental control. The opinion concludes that the Family Court's order creates jurisdictional conflict rather than eliminating it, advocating for the reversal of the orders and dismissal of the proceeding for lack of jurisdiction over the children under 18.

Child CustodyUCCJEAEmergency JurisdictionNeglect ProceedingsInterstate JurisdictionNew Mexico LawNew York Family CourtHome State RuleImminent HarmParental Rights
References
14
Case No. MISSING
Regular Panel Decision
Nov 13, 1985

National Union Fire Insurance v. Ideal Mutual Insurance

This case involves an appeal concerning personal jurisdiction over Parthenon Insurance Company. The plaintiff appealed an order denying its motion to reargue and renew opposition to Parthenon's motion to dismiss for lack of personal jurisdiction. The Appellate Division reversed the lower court's decision, granting the plaintiff's motion to reargue and renew, and subsequently denying Parthenon's motion to dismiss without prejudice, allowing for limited discovery on the jurisdictional issue. The central legal question is whether Parthenon, a 'captive' insurer for Hospital Corporation of America (HCA) and its subsidiaries, which conduct business in New York, is subject to personal jurisdiction in New York State. The court found that enough evidence was presented to warrant discovery to establish jurisdiction.

Personal JurisdictionCorporate VeilSubsidiary LiabilityParent CompanyInsurance CoverageMotion to DismissDiscoveryAppellate ReviewCPLRCaptive Insurer
References
4
Case No. MISSING
Regular Panel Decision

Greenblatt v. New York State Labor Relations Board

This declaratory judgment action addresses whether the New York State Labor Relations Board (SLRB) has jurisdiction over a skilled nursing and health-related facility operated by the New York State Commissioner of Health as a receiver. The plaintiff, Robert M. Greenblatt, as the Commissioner's designee, contended that the receivership performed governmental functions, exempting it from SLRB jurisdiction under Labor Law § 715(2). The court examined prior cases involving state agency heads acting as receivers and found the plaintiff's arguments for differentiation unpersuasive. The court ruled that the employees of these facilities are not state employees and that denying SLRB jurisdiction would leave them unable to select union representation, especially given the receivership's prolonged duration. Consequently, the court declared that the SLRB does have jurisdiction over the employees for representational hearings and unfair labor practice matters.

JurisdictionState Labor Relations BoardReceiverPublic Health LawLabor LawSkilled Nursing FacilityHealth-Related FacilityCollective BargainingDeclaratory JudgmentStatutory Interpretation
References
11
Case No. 10 Civ. 3036
Regular Panel Decision
Feb 17, 2011

Industrial Risk Insurers v. 7 World Trade Co.

Industrial Risk Insurers (IRI) petitioned for a stay of arbitration proceedings initiated by 7 World Trade Company, L.P. (7WTCo.) concerning a dispute over a 2005 settlement agreement. This agreement resolved an insurance coverage dispute following the collapse of 7 World Trade Center on September 11, 2001. 7WTCo. alleged breach of contract by IRI regarding a subsequent $1.2 billion property damage settlement. The court, presided over by District Judge Alvin K. Hellerstein, examined subject-matter jurisdiction. It found no diversity jurisdiction due to common citizenship in New York via IRI's member, Swiss Reinsurance America Corporation, and no federal question jurisdiction under the Air Transportation Safety and System Stabilization Act (ATSSSA) because the core dispute was contractual, not directly related to the 9/11 events. Consequently, the action was dismissed for lack of subject-matter jurisdiction.

ArbitrationJurisdictionSubject-Matter JurisdictionDiversity JurisdictionFederal Question JurisdictionATSSSAFAASettlement AgreementContract Dispute9/11 Litigation
References
17
Case No. 01-42217-REG
Regular Panel Decision

Ames Department Stores, Inc. v. Lumbermens Mutual Casualty Co. (In re Ames Department Stores, Inc.)

This document is a report and recommendation from Judge Robert E. Gerber concerning Ames Department Stores, Inc.'s motion to confirm exclusive jurisdiction in an adversary proceeding against Lumbermens Mutual Casualty Company. The proceeding, occurring under Ames' Chapter 11 bankruptcy, addresses the ownership of an $8 million trust account and alleged interference with the debtor's property. Judge Gerber recommends that the court possesses subject matter jurisdiction over all claims, asserting exclusive jurisdiction over specific claims involving automatic stay violations, marshaling, and equitable subordination. Furthermore, he advises that the McCarran-Ferguson Act does not mandate deferral to an Illinois state court for these issues, and the First Assuming Jurisdiction Doctrine is applicable to certain in rem claims.

Bankruptcy LawJurisdictional DisputeExclusive JurisdictionAutomatic Stay ViolationMcCarran-Ferguson ActIn Rem JurisdictionAdversary ProceedingChapter 11 BankruptcySurety BondsCash Collateral
References
65
Case No. MISSING
Regular Panel Decision

In re the Arbitration between Board of Education of Westmoreland Central School District & Westmoreland Teachers Ass'n

The petitioner, Westmoreland Central School District, sought to vacate an arbitration award and stay further arbitration proceedings. The dispute stemmed from grievances filed by the respondent, the collective bargaining agent for teachers, alleging violations of class size and teaching load provisions in their agreement for the 1974-1977 school year, specifically during the 1975-1976 school year. The arbitrator found violations but, due to the hearing concluding after the 1975-1976 school year, granted a prospective remedy, retaining jurisdiction to resolve class sizes and workloads for the 1976-1977 school year if the parties failed to agree. The petitioner argued that the arbitrator exceeded his powers by retaining jurisdiction over future disputes. The court affirmed the lower court's order, holding that the arbitrator acted within his broad authority to fashion a just and flexible remedy, which was not irrational or in contravention of the collective bargaining agreement.

Arbitration LawPublic Sector Labor LawCollective BargainingArbitrator's AuthorityScope of ArbitrationJudicial Review of ArbitrationGrievance ProceduresClass Size DisputesTeacher WorkloadEquitable Relief
References
9
Case No. MISSING
Regular Panel Decision

Kaynard v. Transport Workers Union

The Regional Director of the National Labor Relations Board sought a temporary injunction against the Transport Workers Union of America (T.W.U.) and Local 504 for alleged unfair labor practices involving a proscribed strike against Triangle Maintenance Corporation due to a jurisdictional dispute. The dispute arose when Triangle, a new cleaning contractor at John F. Kennedy Airport, planned to replace existing T.W.U. represented cleaning workers with a new crew under a different union (32B, which later disclaimed the work). The T.W.U. encouraged a strike to retain jobs for its members. The court, presided over by District Judge Weinstein, denied the injunction, reasoning that the dispute was a traditional economic struggle to retain jobs, not a jurisdictional dispute as defined by section 8(b)(4)(D) of the National Labor Relations Act, especially since there was no conflict between rival unions claiming the same work at the time the picketing began.

Labor LawNational Labor Relations ActJurisdictional DisputeUnfair Labor PracticesTemporary InjunctionStrike ActionEconomic DisputeEmployer-Union RelationsCollective BargainingWork Assignment Dispute
References
20
Case No. MISSING
Regular Panel Decision

In re the Arbitration between A.F.C.O. Metals, Inc. & Local Union 580 of International Ass'n of Bridge

This case concerns a dispute between Local Union 580 and AFCO Metals, Inc. regarding arbitration of pension fund contributions. Local 580 claimed AFCO underpaid contributions by assigning work to Carpenters Unions that should have been allocated to Local 580 members. AFCO sought to stay arbitration, arguing the dispute was jurisdictional and excluded from arbitration under their collective bargaining agreement. The Supreme Court initially dismissed AFCO's petition, but the Appellate Division reversed, finding the dispute jurisdictional. The Court of Appeals affirmed the Appellate Division's order, ruling that the underlying dispute is a jurisdictional matter, which the parties explicitly agreed to exclude from arbitration provisions in their collective bargaining agreement.

ArbitrationJurisdictional DisputeCollective Bargaining AgreementPension FundsUnion ContributionsWork AssignmentAppellate ReviewLabor LawContract InterpretationFund Delinquency
References
3
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