Updated Daily

Case Law Database

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

Case No. MISSING

Regular Panel Decision

Gallagher v. Gallagher

The plaintiff, an unnamed individual, filed an age discrimination lawsuit against multiple defendants, including the International Brotherhood of Electrical Workers, Local 43, J.J. Barry, NECA, and various electrical contractors. The core of the complaint alleged that a collective bargaining agreement, managed by NECA, facilitated age-based discrimination in employment referrals and layoffs. After initial administrative proceedings resulted in a "no probable cause" finding, the plaintiff proceeded with a federal action. Defendant NECA subsequently moved for a judgment on the pleadings, arguing it was not an employer or an agent under the relevant anti-discrimination laws. The court, presided over by Senior District Judge MUNSON, granted NECA's motion, dismissing the complaint against it after finding NECA did not meet the criteria for employer liability.

Age DiscriminationEmployment LawCollective Bargaining AgreementLabor UnionTrade AssociationMotion for Judgment on the PleadingsADEANew York Human Rights LawEmployer LiabilityAgency Relationship

References

Case No. MISSING

Regular Panel Decision

Kozera v. International Brotherhood of Electrical Workers, AFL-CIO

Plaintiff Ted Kozera and other union members (Mekeel, Filardi) filed a lawsuit against the IBEW, Local 501, and NECA Chapter under the LMRA and LMRDA, alleging improper trusteeship and labor/management infractions. Kozera presented five claims, including restrictions on the right to sue and free speech, improper trusteeship, and unapproved collective bargaining agreements. The Court found in favor of the IBEW on the Article IV, § 3(9) and Trusteeship claims. However, the Court ruled in favor of Kozera against the IBEW and NECA Chapter on the Small Work Agreement claims, awarding nominal damages of $2.00 and $1.00 respectively, for breaching the IBEW Constitution and the 1989-92 CBA by implementing an unapproved small work agreement. The Pavillion Project claim was dismissed as not properly before the Court due to belated assertion.

Labor LawUnion TrusteeshipCollective Bargaining AgreementLabor Management Relations ActLabor Management Reporting and Disclosure ActFree Speech RightsRight to SueUnion DemocracyNominal DamagesUnapproved Agreement

References

Case No. MISSING

Regular Panel Decision

Mar 29, 1994

National Electrical Benefit Fund v. Heary Brothers Lightning Protection Co.

Plaintiffs, the National Electrical Benefit Fund (NEBF) and Local 41 Funds, initiated this action under ERISA to recover delinquent contributions from Heary Brothers Lightning Protection Company, Inc., Kenneth P. Heary, and Edwin W. Heary. The defendants asserted counterclaims and a third-party complaint, alleging RICO violations and other claims against the International Brotherhood of Electrical Workers (IBEW), National Electrical Contractor’s Association (NECA), Local 41, and individual union officers, claiming the collective bargaining agreements were invalid due to an alleged extortion scheme. Magistrate Judge Carol E. Heckman issued a Report and Recommendation, which District Judge Arcara reviewed de novo and adopted. The Court granted NEBF's motion for partial summary judgment on liability, dismissing the defendants' counterclaims. Motions to dismiss third-party claims against IBEW and NECA were granted, while Local 41's and other individual third-party defendants' dismissal motions were granted in part and denied in part, primarily concerning RICO allegations. The case was referred back for damages determination.

ERISARICOLMRACollective Bargaining AgreementDelinquent ContributionsSummary JudgmentRacketeering ActivityExtortionHobbs ActFraud in the Inducement

References

Case No. MISSING

Regular Panel Decision

NECA Ins., Ltd. v. National Union Fire Ins. Co.

Plaintiff NIL Insurance Ltd., a reinsurance company, initiated a diversity action against National Union Fire Insurance Co. and Buchanan Management Company. NIL sought recovery for moneys paid in connection with a personal injury settlement by National Union and punitive damages, alleging negligence, bad faith, and breach of contract related to settlement discussions and payment. National Union and Buchanan moved to compel arbitration of these claims. The court granted National Union's motion, finding that the reinsurance agreement's arbitration clause broadly covered all disputes, including those concerning negligence and recklessness, which could be established within arbitration. The action was dismissed without prejudice, pending the outcome of the arbitration.

ReinsuranceArbitration ClauseContract InterpretationNegligence ClaimsBad FaithBreach of ContractSettlement DisputesFederal JurisdictionMotion to Compel ArbitrationDismissal Without Prejudice

References

Showing 1-4 of 4 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

Gallagher v. Gallagher

Age DiscriminationEmployment LawCollective Bargaining AgreementLabor UnionTrade AssociationMotion for Judgment on the PleadingsADEANew York Human Rights LawEmployer LiabilityAgency Relationship

Kozera v. International Brotherhood of Electrical Workers, AFL-CIO

National Electrical Benefit Fund v. Heary Brothers Lightning Protection Co.

ERISARICOLMRACollective Bargaining AgreementDelinquent ContributionsSummary JudgmentRacketeering ActivityExtortionHobbs ActFraud in the Inducement

NECA Ins., Ltd. v. National Union Fire Ins. Co.

ReinsuranceArbitration ClauseContract InterpretationNegligence ClaimsBad FaithBreach of ContractSettlement DisputesFederal JurisdictionMotion to Compel ArbitrationDismissal Without Prejudice