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

Case No. Dkt. #244
Regular Panel Decision
Feb 23, 1993

United States v. Local 6A, Cement & Concrete Workers

Thomas Madera appealed the Trustee's decision to remove him from his positions as president of the District Council of Cement and Concrete Workers and on the Board of Trustees of the District Council Fringe Benefit Funds. The Trustee's removal was based on findings of malfeasance, including Madera's concealment of embezzlement by a clerical employee, and his involvement in two investment decisions benefiting his son through commissions, violating ERISA and LMRDA. The District Court affirmed Madera's right to appeal under the Consent Judgment but ultimately denied the appeal on the merits. The court found the Trustee's determination of malfeasance reasonable and not arbitrary or capricious, emphasizing the public interest in preventing corruption within labor organizations and the immediate effect of the Trustee's removal actions.

RICO ActLabor UnionsMalfeasanceFiduciary DutyTrusteeshipConsent JudgmentAppealsJudicial ReviewLMRDAERISA
References
34
Case No. MISSING
Regular Panel Decision
Mar 29, 1985

Jaroszewicz v. Facilities Development Corp.

Plaintiff's husband, a maintenance mechanic, was electrocuted while trouble-shooting an electrical problem at the Westchester County Medical Center. Plaintiff sued the project architects, C. F. Murphy Associates and Lothrop Associates, alleging liability under Labor Law § 241 for breach of the duty to provide a safe place to work, and under a common-law negligence theory for improper supervision. The Supreme Court granted summary judgment to the architects. On appeal, the court affirmed, holding that Labor Law § 241 did not apply as the accident occurred after construction completion. Furthermore, the architects were not liable for common-law negligence as their contractual duty was to the Facilities Development Corporation, they lacked control over construction methods, and no active malfeasance was proven.

construction accidentelectrocutionarchitect liabilitysummary judgmentLabor Lawduty to provide safe place to workimproper supervisionpost-construction accidentagency liability
References
5
Case No. MISSING
Regular Panel Decision
Aug 19, 1988

Cotter v. Helmer

The plaintiff, Assistant Business Manager of Local 1-2, sought a preliminary injunction to compel the union to provide its membership mailing list. This was requested to enable the plaintiff to distribute literature regarding an upcoming vote on his removal from office due to 'malfeasance' charges and his candidacy for Assistant Business Manager in the March 1989 election. The court established subject matter jurisdiction under the LMRDA for both claims, emphasizing the plaintiff's free speech rights as a union member and a bona fide candidate. The court granted the injunction, ordering Local 1-2 to supply the mailing list to a commercial mailer for the plaintiff's use for both the removal vote and the election, with the plaintiff covering the costs. Additionally, Local 1-2 was enjoined from rescheduling the September removal vote to an earlier date.

Union GovernanceLabor DisputePreliminary InjunctionFree Speech RightsUnion ElectionsLMRDAMembership Mailing ListRemoval From OfficeBona Fide CandidateDue Process
References
23
Case No. MISSING
Regular Panel Decision

Federal Deposit Ins. Corp. v. Ornstein

The FDIC initiated an action in 1993 against George Kaminow and Michael Griffith, directors and officers of Central Federal Savings Bank, alleging malfeasance. Defendants raised several affirmative defenses, prompting the FDIC to file a motion in limine to strike them. The court, presided over by Judge Gleeson, granted the motion to strike defenses concerning the business judgment rule, applying a simple negligence standard under New York law, and pre-receivership regulatory conduct due to the distinction between FDIC Corporate and Receiver. Conversely, the motion to strike defenses related to post-receivership conduct and failure to mitigate damages was denied. The court reasoned that the Supreme Court's O'Melveny decision abrogated the federal 'no duty rule,' thus allowing state comparative negligence laws to apply to the FDIC as an assignee.

Federal Deposit Insurance CorporationFDICBank DirectorsOfficer LiabilityBusiness Judgment RuleAffirmative DefensesMotion to StrikeFinancial Institutions Reform, Recovery, and Enforcement Act of 1989FIRREAO'Melveny & Myers
References
33
Case No. MISSING
Regular Panel Decision

New York State Workers' Compensation Board v. Consolidated Risk Services, Inc.

The New York State Workers’ Compensation Board, acting as a governmental agency and successor in interest to several insolvent workers' compensation self-insured trusts, commenced an action against a third-party administrator (Consolidated Risk Services, Inc.), its employees, related corporate entities, insurance brokers (including Hickey-Finn & Co., Inc.), former trustees of one of the trusts (RITNY), and an actuarial firm (Regnier Consulting Group, Inc.). The plaintiff alleged misconduct and malfeasance by the defendants led to trust insolvencies and sought to recover accumulated deficits. The case involves cross appeals challenging the Supreme Court’s partial dismissal of the complaint, specifically concerning the timeliness of claims for breach of fiduciary duty, fraud, fraudulent inducement, breach of contract, and common-law indemnification, applying the repudiation and discovery rules for statute of limitations. The Appellate Division modified the Supreme Court's order by dismissing specific claims against Hickey-Finn & Co., Inc., broadening the temporal scope of breach of fiduciary duty claims against other defendants, and reinstating common-law indemnification claims against several RITNY trustees, affirming the order as modified and remitting the case.

Workers' CompensationBreach of Fiduciary DutyFraudFraudulent InducementBreach of ContractCommon-Law IndemnificationStatute of LimitationsRepudiation RuleDiscovery RuleTrust Insolvency
References
27
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