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

Case No. 2020 NY Slip Op 06316
Regular Panel Decision
Nov 05, 2020

People v. May

The case concerns an appeal by Nicholas A. May from a judgment convicting him of predatory sexual assault against a child and course of sexual conduct against a child in the second degree. The charges arose from allegations that May sexually abused an underage victim over several years. May challenged the verdict's legal sufficiency and weight of the evidence, the admissibility of expert testimony concerning child sexual abuse, and claims of ineffective assistance of counsel. The Appellate Division, Third Department, affirmed the County Court's judgment, finding sufficient evidence, appropriate expert testimony from a nurse practitioner and a licensed clinical social worker, and meaningful representation by trial counsel, despite the defense's arguments regarding the victim's credibility and lack of corroboration. The court noted that the issues raised by the defense were adequately explored during the trial.

Child sexual abusePredatory sexual assaultCourse of sexual conductExpert witness testimonyIneffective assistance of counselAppellate reviewJury verdictVictim credibilityChild abuse accommodation syndromeCriminal law
References
33
Case No. MISSING
Regular Panel Decision

Mayes v. Local 106, International Union of Operating Engineers

The case involves plaintiff George A. Mayes suing Local 106, International Union of Operating Engineers, and its officers for alleged discrimination in job referrals and denial of rights under the Labor-Management Reporting and Disclosure Act (LMRDA). The defendants counterclaimed, seeking expenses incurred from Mayes' "baseless charges" against union members James Tommaney and Dan Lewis, citing violations of the Union's constitution and state law tort and breach of contract claims. Mayes moved for summary judgment, arguing good faith in filing charges under LMRDA and lack of court jurisdiction over the counterclaims. The court found material factual disputes regarding Mayes' motives, asserting jurisdiction over the counterclaims under 29 U.S.C. § 185. It also determined that the tort and breach of contract claims were sufficiently pleaded, thereby denying Mayes' motion for summary judgment and allowing the counterclaims to proceed.

Labour LawUnion DisputeSummary JudgmentCounterclaimsLMRDAFree SpeechUnion ConstitutionJurisdictionTort ClaimsBreach of Contract
References
13
Case No. 01-17-0002-1912
Regular Panel Decision

International Brotherhood of Electrical Workers, Local Union No. 3 v. Charter Communications, Inc.

Plaintiff International Brotherhood of Electrical Workers, AFL-CIO, Local Union No. 3 ("Local 3") sought a temporary restraining order and preliminary injunction to stay an arbitration initiated by defendant Charter Communications, Inc. ("Charter"). The arbitration concerns a work stoppage and alleged violation of a no-strike clause. The court denied Local 3's motion, ruling that Local 3 failed to demonstrate irreparable harm because it chose not to participate in the arbitration and could later challenge any adverse arbitral award in court. The decision emphasized that the monetary cost of arbitration alone does not constitute irreparable injury and highlighted the importance of demonstrating actual harm.

Arbitration StayPreliminary InjunctionTemporary Restraining OrderLabor DisputeCollective Bargaining AgreementNo-Strike ClauseIrreparable HarmArbitrabilityFederal Court ProcedureJudicial Review of Arbitration
References
30
Case No. MISSING
Regular Panel Decision
May 03, 1985

Wolf v. Wolf

In two support proceedings, the petitioner mother appealed two orders. The first order, entered September 7, 1984, denied her petition for an upward modification of child support. The second order, entered May 3, 1985, denied her full reimbursement for certain child counseling expenses. The Family Court's decisions were affirmed on appeal. The court properly denied a general increase in the father's child support obligation and directed the mother to seek payment for counseling expenses through the father's medical insurance coverage.

child supportupward modificationcounseling expensesparental obligationsFamily Lawappellate reviewOrange County
References
0
Case No. MISSING
Regular Panel Decision

Int'l Bhd. of Elec. Workers, AFL-CIO, Local Union No. 3 v. Charter Commc'ns, Inc.

This case concerns a dispute between Local 3 and Charter Communications regarding a Collective Bargaining Agreement (CBA). The core issue is whether Local 3 members were bound by a CBA provision requiring arbitration of disputes during a strike in March 2017. The court found that Local 3's conduct, including signing a Memorandum of Agreement (MOA), ratifying it, accepting improved wages and benefits, and utilizing grievance and arbitration procedures for almost two years, manifested an intent to be bound by the no-strike and arbitration provisions. Despite previous NLRB decisions regarding the inclusion of riders in the CBA, the District Court determined that the parties' actions indicated a binding agreement on the no-strike and grievance terms. Consequently, summary judgment was granted in favor of Charter, and arbitration was ordered.

Collective Bargaining AgreementArbitrationNo-Strike ClauseSummary JudgmentLabor Management Relations ActContract LawIntent to be BoundUnion DisputeEmployer-Employee RelationsFederal Court Jurisdiction
References
22
Case No. MISSING
Regular Panel Decision

Allen Bradley Co. v. Local Union No. 3 International Brotherhood of Electrical Workers

This motion concerns plaintiffs' request to hold Harry VanArsdale, Jr., and Local Union No. 3, International Brotherhood of Electrical Workers, in contempt for failing to obey a subpoena. The underlying action involves accusations of a conspiracy to prevent the sale of electrical products. During proceedings before a Special Master, VanArsdale, Jr., as business manager of the Union, refused to produce a complete file of 'Allied Union News' issues despite a validly issued subpoena duces tecum. The court acknowledges the refusal was not contumacious but legally incorrect. Consequently, the court finds both VanArsdale, Jr., and Local Union No. 3 in contempt and orders the production of the requested documents, suspending punishment and costs contingent on their compliance.

Contempt of CourtSubpoena Duces TecumLabor UnionDiscoveryDocument ProductionSpecial MasterConspiracyInterstate CommerceRefusal to ComplyCourt Order
References
1
Case No. 2018 NY Slip Op 07834 [166 AD3d 468]
Regular Panel Decision
Nov 15, 2018

Charter Communications, Inc. v. Local Union No. 3

The Appellate Division, First Department, affirmed the Supreme Court's orders. The Supreme Court had denied Charter Communications, Inc.'s motion for a preliminary injunction against Local Union No. 3's picketing campaign and its motion to compel expedited discovery. Additionally, the Supreme Court granted the defendants' motion to dismiss the complaint. The Appellate Division found that the lower court properly declined to make factual findings required for injunctive relief under Labor Law § 807 and correctly dismissed common-law tort claims due to a failure to plead that individual union members authorized or ratified the alleged unlawful actions.

Preliminary InjunctionPermanent InjunctionLabor DisputePicketingTrespassingCommon-Law TortUnion LiabilityExpedited DiscoveryAppellate ReviewDismissal of Complaint
References
3
Case No. MISSING
Regular Panel Decision

United States v. Local Union No. 3 of International Brotherhood of Electrical Workers

The court addresses demurrers to three indictments against Local Union No. 3 of the International Brotherhood of Electrical Workers for alleged violations of the Sherman Act. The indictments claim the union conspired to prevent the installation of out-of-state electrical equipment in New York City, thereby diverting work to local manufacturers and increasing costs. Defendants argued that the Sherman Act does not apply to labor unions and that their actions constituted a 'labor dispute' immune from antitrust laws. The court rejected these arguments, finding that the alleged conspiracy's effect on market prices and free competition fell within the scope of the Sherman Act, and that the conduct did not constitute a legitimate 'labor dispute.' Consequently, the court overruled the demurrers.

Sherman ActLabor UnionsAntitrust LawInterstate CommerceRestraint of TradeDemurrersIndictmentsElectrical IndustrySecondary BoycottPrice Fixing
References
11
Case No. MISSING
Regular Panel Decision

New York Electrical Contractors' Ass'n v. Local Union No. 3 of International Brotherhood of Electrical Workers

This decision addresses an application filed by Local Union No. 3 of the International Brotherhood of Electrical Workers, a defendant in the original action. The union sought to quash the summons and service of other legal papers, asserting misnomer and improper service. The court noted that under Section 13 of the General Associations Law, actions against unincorporated associations must be brought against the president or treasurer, and service must be made upon these officers. Despite the plaintiff naming the union's president and treasurer in its papers, service on the local union was made on its general counsel and its financial secretary individually, not its president or treasurer. The court found this service insufficient to establish jurisdiction over the local union and, consequently, granted the motion to quash the service.

JurisdictionService of ProcessUnincorporated AssociationMisnomerGeneral Associations LawCivil Practice ActMotion to QuashLabour UnionStatutory InterpretationProcedural Law
References
6
Case No. MISSING
Regular Panel Decision

Union of Needletrades, Industrial & Textile Employees v. May Department Stores Co.

The plaintiffs, Union of Needle-trades, Industrial and Textile Workers (UNITE) and others, sued May Department Stores Company (May) alleging violations of the Securities Exchange Act of 1934 and SEC rules related to proxy solicitations. UNITE sought relief claiming May improperly exercised discretionary voting authority and made false or misleading statements in its proxy materials concerning an 'anti-poison pill proposal'. The defendant moved to dismiss the complaint for failure to state a claim and failure to plead fraud with particularity. The court granted May's motion, concluding that May lawfully exercised its discretionary authority under SEC Rule 14a-4(c)(1) and that UNITE failed to allege any actionable false or misleading statements under SEC Rule 14a-9. The complaint was dismissed.

Securities LawProxy SolicitationShareholder RightsMotion to DismissRule 12(b)(6)Rule 9(b)Discretionary AuthorityMisleading StatementsSecurities Exchange ActSEC Rules
References
33
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