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

Case No. 2023 NY Slip Op 01193 [214 AD3d 735]
Regular Panel Decision
Mar 08, 2023

Matter of Long Beach Professional Firefighters Assn. v. City of Long Beach

This case concerns a dispute between the Long Beach Professional Firefighters Association (union) and the City of Long Beach regarding the terms of employment for paramedics. The City had unilaterally set these terms, leading the union to file a grievance and subsequently seek arbitration. The arbitrator found that the City violated the collective bargaining agreement. The Supreme Court confirmed the arbitration award, which the City appealed. The Appellate Division affirmed the Supreme Court's order, ruling that the City failed to provide clear and convincing evidence to vacate the arbitration award on grounds of irrationality, manifest disregard of law, arbitrator misconduct, or violation of public policy.

Collective Bargaining AgreementArbitration AwardCPLR Article 75 ProceedingJudicial Review of ArbitrationPublic Policy ExceptionManifest Disregard of LawAppellate ReviewMunicipal EmploymentParamedicsGrievance
References
20
Case No. 2018 NY Slip Op 03356 [161 AD3d 855]
Regular Panel Decision
May 09, 2018

Matter of City of Long Beach v. Long Beach Professional Fire Fighters Assn., Local 287

The City of Long Beach (petitioner) appealed an order denying its petition to stay arbitration and granting the Long Beach Professional Fire Fighters Association, Local 287's (respondent) cross-motion to compel arbitration. The dispute arose after the City laid off firefighters and hired paramedics, setting the paramedics' terms of employment unilaterally. The union filed a grievance and demand for arbitration. The Supreme Court denied the City's petition and granted the union's cross-motion. On appeal, the Appellate Division, Second Department, held that arbitration of the claim regarding firefighter layoffs violated public policy, citing Civil Service Law § 80 (1) which grants public employers nondelegable discretion over staffing. However, the court found no public policy precluding arbitration of claims related to the paramedics' terms of employment, as permitted by the collective bargaining agreement. Therefore, the order was modified to grant the City's petition to stay arbitration of the layoff claim and deny the union's cross-motion to compel arbitration of that claim, while affirming the rest of the order.

ArbitrationCollective Bargaining AgreementPublic PolicyFirefighter LayoffsParamedics EmploymentCivil Service LawManagement PrerogativeTaylor LawAppellate ReviewLabor Dispute
References
15
Case No. 2016 NY Slip Op 00977 [136 AD3d 824]
Regular Panel Decision
Feb 10, 2016

Matter of Long Beach Professional Firefighters Assn., Local 287 v. City of Long Beach

Jay Gusler, a lieutenant in the City of Long Beach Fire Department and a member of Long Beach Professional Firefighters Association, Local 287, was demoted to firefighter. This demotion followed a disciplinary proceeding presided over by Robert L. Douglas, as per a settlement agreement between the City and the Association. The appellants (Gusler and the Association) initiated a CPLR article 78 proceeding to challenge the demotion, arguing Douglas lacked authority under the City Code. The Supreme Court, Nassau County, dismissed the proceeding. The Appellate Division, Second Department, affirmed this decision, finding that the City and Association could negotiate a collective bargaining agreement allowing demotion, and Douglas acted within the authority granted by their settlement agreement.

DemotionFirefightersCollective Bargaining AgreementSettlement AgreementDisciplinary ProceedingsArticle 78 ProceedingArbitrator AuthorityCity CodePublic EmploymentAppellate Review
References
6
Case No. 2016 NY Slip Op 06495 [143 AD3d 710]
Regular Panel Decision
Oct 05, 2016

Matter of City of Long Beach v. Long Beach Professional Firefighters Assn., Local 287

The City of Long Beach appealed an order and judgment from the Supreme Court, Nassau County, which denied its petition to vacate an arbitration award. The Appellate Division, Second Department, reviewed the case, reiterating that judicial review of arbitration awards is extremely limited, permissible only if the award violates strong public policy, is irrational, or clearly exceeds the arbitrator's power. The Court found that the arbitrator did not apply an incorrect standard of review and that the award itself did not violate public policy, was not irrational, and did not clearly exceed a specifically enumerated limitation on the arbitrator's power. Consequently, the Appellate Division affirmed the lower court's order and judgment.

Arbitration awardJudicial reviewPublic policy violationIrrational arbitrationArbitrator's powerAppellate Division Second DepartmentCPLR Article 75Vacate arbitration awardFirefighters Association disputeNassau County Supreme Court
References
10
Case No. 03-23-00316-CV
Regular Panel Decision
Apr 16, 2025

City of Killeen, Texas and Ground Game Texas v. Bell County, Texas; The 27th Judicial District Attorney's Office; And the Bell County Attorney's Office

The City of Killeen, Texas, and Ground Game Texas appealed the trial court's denial of their pleas to the jurisdiction. The underlying lawsuit, filed by Bell County, the 27th Judicial District Attorney’s Office, and the Bell County Attorney’s Office, challenged the constitutionality and validity of a Killeen ordinance decriminalizing misdemeanor marijuana possession. Appellants argued that the appellees lacked standing and that governmental immunity barred the suit. The appellate court affirmed the trial court's order, concluding that the District Attorney’s Office had standing due to the ordinance's interference with its prosecutorial discretion and duties. It also found that governmental immunity was waived for challenges to an ordinance's validity and for concurrent claims for injunctive relief under the Uniform Declaratory Judgments Act.

Decriminalization OrdinanceMarijuana PossessionPlea to the JurisdictionGovernmental ImmunityStandingProsecutorial DiscretionUniform Declaratory Judgments ActTexas Local Government CodeTexas Health & Safety CodeTexas Code of Criminal Procedure
References
29
Case No. MISSING
Regular Panel Decision

City of Long Beach v. Long Beach Professional Firefighters Ass'n

The City of Long Beach petitioned to permanently stay arbitration initiated by Brian McNamara and the Long Beach Professional Firefighters Association (Union) concerning McNamara's disciplinary charges. The Union cross-petitioned to compel arbitration and disqualify City Manager Jack Schnirman as the hearing officer due to alleged bias. The court, interpreting the Collective Bargaining Agreement (CBA), determined that the City Manager was mandated to conduct the initial disciplinary hearing, with arbitration only permissible as a review mechanism after the City Manager's determination or if he declined to hold the hearing. Consequently, the court granted the City's petition, permanently staying the AAA arbitration. The Union's cross-petition to disqualify Schnirman, based on claims of bias, was denied, as the CBA allows the City Manager to preside and no actual disqualifying bias was found.

ArbitrationCollective Bargaining AgreementDisciplinary ProceedingsCity ManagerFirefighters UnionPublic Sector ArbitrationStay of ArbitrationCompel ArbitrationBias AllegationsWorkplace Violence Policy
References
8
Case No. No. 70
Regular Panel Decision
Oct 25, 2022

The Matter of City of Long Beach v. New York State Public Employment , Relations Board

This case addresses whether the Taylor Law requires municipalities to engage in collective bargaining over pre-termination procedures for employees absent for over a year due to line-of-duty injuries under Civil Service Law § 71. The City of Long Beach challenged a Public Employment Relations Board (PERB) ruling that mandated such bargaining. The New York Court of Appeals reversed the Appellate Division's decision, which had sided with the City, and reinstated the Supreme Court's judgment affirming PERB. The Court held that legislative intent to remove this issue from mandatory bargaining was not clear, and therefore, pre-termination procedures are a mandatory subject of collective bargaining.

Collective BargainingTaylor LawCivil Service Law § 71Public Employment Relations BoardMunicipal EmploymentTermination ProceduresLine-of-Duty InjuryStatutory InterpretationMandatory BargainingDue Process
References
14
Case No. MISSING
Regular Panel Decision

Jones v. District Attorney's Office of New York

Thomas Jones, currently incarcerated, filed an Article 78 proceeding to vacate the denial of his FOIL request by the District Attorney’s Office of the County of New York (DANY). Jones sought a trial verdict sheet from his 2000 conviction for conspiracy and assault. DANY denied the request, stating Judiciary Law § 255, which Jones cited, applies only to court clerks, not district attorneys. The court affirmed DANY's denial, ruling that district attorneys are not clerks of the court, and also found Jones's claims to be time-barred under the four-month statute of limitations for Article 78 proceedings. The petition was consequently denied and dismissed with prejudice.

FOIL RequestVerdict SheetArticle 78 ProceedingStatute of LimitationsDistrict AttorneyCourt ClerkJudiciary LawPenal LawCriminal ConspiracyAssault
References
3
Case No. 03-21-00120-CV
Regular Panel Decision
Feb 24, 2022

Brian Manley, Chief of Austin Police Department Brian Manley, Individually Commander Mark Spangler, Austin Police Department Lt. Jerry Bauzon, Austin Police Department Officer Benjamin Bloodworth, Austin Police Department Officer Collin Fallon, Austin Police Department Sgt. Eric Kilcollins, Training Coordinator, Austin Police Academy And Officer Shand, Lead Instructor, Stress Reaction Training, Austin Police Academy v. Christopher Wise

Christopher Wise, a former Austin Police Academy cadet, sued Brian Manley (APD Chief) and six other APD officers after sustaining severe injuries, including heat exhaustion and stroke, during a stress reaction training in October 2018. Wise alleged that officers intentionally discouraged cadets from hydrating despite high temperatures and failed to provide timely medical aid. The defendants sought dismissal under the Texas Tort Claims Act's election-of-remedies provisions. The district court dismissed claims against the City of Austin and APD but not against the individual officers. The appellate court reversed the district court's decision, ruling that Wise's claims against the individual officers were based on conduct within the scope of their employment and could have been brought under the TTCA, thus mandating their dismissal.

Texas Tort Claims ActGovernmental ImmunityElection of RemediesScope of EmploymentPolice MisconductCadet InjuryHeat IllnessSupervisor NegligenceAppellate CourtReversal
References
25
Case No. 03-18-00740-CV
Regular Panel Decision
Mar 06, 2020

Gerard Matzen// Marsha McLane, in Her Official Capacity as Director of Texas Civil Commitment Office, and the Texas Civil Commitment Office v. Marsha McLane, in Her Official Capacity as Director of Texas Civil Commitment Office, and the Texas Civil Commitment Office// Cross-Appellee, Gerard Matzen

Gerard Matzen appealed a district court's partial grant of Appellees' plea to the jurisdiction in his civil commitment case under the sexually violent predator (SVP) statute, challenging rulings on his APA, ultra vires, and immunity claims. The Texas Civil Commitment Office (TCCO) and its Director Marsha McLane cross-appealed the denial of their plea regarding Matzen's procedural due process and takings claims. The Court of Appeals affirmed the district court's order, finding Matzen's APA and ultra vires claims invalid and qualified immunity inapplicable. However, the court upheld the district court's denial of the plea concerning Matzen's procedural due process and takings claims, concluding they presented viable constitutional questions requiring further factual development.

Civil commitmentSexually Violent Predator ActPlea to the jurisdictionSovereign immunityUltra vires claimsAdministrative Procedure ActDue processTakings clauseCost recovery feesGovernment agency authority
References
65
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