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Case Law Database

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

Case No. 3-85-0031
Regular Panel Decision

Allen v. Allied Plant Maintenance Company of Tennessee

Plaintiff Allen sued Allied Plant Maintenance Company, the International Union of Operating Engineers (IUOE), and Local 912 of the IUOE following his discharge in July 1984. Allen alleged a conspiracy among the defendants, leading to violations of federal labor laws, including the National Labor Relations Act (NLRA), Labor Management Reporting and Disclosure Act (LMRDA), and the duty of fair representation (DFR) under the Labor Management Relations Act (LMRA), as well as a state claim for breach of employment contract. Chief Judge Wiseman granted summary judgment to the defendants on all claims except the DFR claim. The Court dismissed Allen's civil rights claim under 42 U.S.C. § 1985(2) due to a lack of class-based discriminatory animus and an insufficient nexus to a federal court proceeding, and found the NLRA claims preempted by the NLRB's exclusive jurisdiction. The LMRDA claim was dismissed as it did not infringe upon Allen's rights as a union member. The judge denied the defendants' motion to strike Allen's jury demand for the DFR claim but granted the motion to strike his request for punitive damages.

Summary JudgmentDuty of Fair RepresentationLabor RelationsWrongful TerminationUnion ConspiracyFederal PreemptionCivil Rights (42 U.S.C. § 1985)Labor Management Reporting and Disclosure ActNational Labor Relations ActBreach of Contract
References
52
Case No. 93 Civ 6132; 93 Civ 7026
Regular Panel Decision

Tilcon Minerals, Inc. v. Orange & Rockland Utilities, Inc.

The case involves mirror-image diversity suits between Orange and Rockland Utilities, Inc. (Orange) and Tilcon Minerals, Inc. (Tilcon) concerning a 1985 agreement for the relocation of Tilcon's rock crushing plant. Disputes arose regarding the authorized relocation site and associated costs. Tilcon moved for summary judgment in two cases (93 Civ 6132 and 93 Civ 7026), seeking a declaration that its interpretation of the agreement was correct and Orange's claims lacked merit. The court denied Tilcon's motions for summary judgment without prejudice, deeming adjudication premature until relocation costs are determined. The court also suggested alternative dispute resolution methods due to the complex engineering and accounting issues involved.

Contract DisputeDeclaratory JudgmentSummary JudgmentRelocation CostsDiversity JurisdictionPremature AdjudicationAlternative Dispute ResolutionFederal Rules of Civil ProcedureInterlocutory AppealsMonetary Remedies
References
17
Case No. 2018-01-0224
Regular Panel Decision
Aug 23, 2019

Yearby, Reginald v. Armstrong Relocation

This expedited hearing addressed whether the employee, Reginald Yearby, was entitled to temporary disability benefits at the maximum compensation rate of $992.20, and if the employer, Armstrong Relocation, was due a credit for overpayment. The Court found Mr. Yearby's actual taxable earnings were significantly less than initially stated, derived from his 2016 and 2017 tax returns, even though he was treated as an employee for workers' compensation purposes despite being an independent contractor. Citing Tennessee Code Annotated, the Court determined Mr. Yearby's correct average weekly wage was $552.50, leading to a compensation rate of $368.35. Consequently, his request for maximum benefits was denied, and Armstrong Relocation was granted a credit for past overpayments.

Temporary disability benefitsWorkers' CompensationAverage weekly wageOverpaymentExpedited hearingIndependent contractorEarningsBusiness expensesCompensation rateMedical treatment
References
2
Case No. MISSING
Regular Panel Decision
Apr 30, 2012

Hildebrandt v. Lee

The Family Court denied the mother's application to relocate to Texas with the minor child and granted the father's petition for modification of custody, awarding him sole custody with visitation to the mother. This decision was affirmed on appeal, citing a sound and substantial basis in the record for the court's determination that it was in the child's best interests. The court considered the mother's and her parents' exclusionary behavior and hostility toward the father, which made it unlikely the father-child relationship would be preserved if relocation occurred. The court also rejected the forensic expert’s opinion due to deficiencies, including the mother’s prior violations of court orders by temporarily leaving the jurisdiction and permanently moving without proper notification. The mother's allegations of sexual improprieties by the father were also found unsubstantiated.

Child CustodyRelocation RequestBest Interests of ChildParental HostilityForensic Expert OpinionVisitation RightsFamily Law AppealNew York CourtsCustody Modification
References
5
Case No. MISSING
Regular Panel Decision

Hygiene Industries v. Plastic, Metal, Novelty & Allied Workers' Union Local 132-98

Hygiene Industries sought to prevent Plastic, Metal, Novelty and Allied Workers’ Union, Local 132-98, I.L.G.W.U. from arbitrating a grievance concerning the proposed closure of two plants in Brooklyn, New York. Hygiene argued the dispute was not arbitrable because the collective bargaining and settlement agreements might expire before the plant closings. The Union contended that the settlement agreement’s duration was tied to Hygiene’s operations in Sardis, Mississippi, and that the broad arbitration clauses covered the dispute. The court emphasized the strong federal policy favoring arbitration in labor disputes. Ultimately, the motion to enjoin arbitration was denied, as the court found the expiration date of the Settlement Agreement ambiguous and a matter for the arbitrator, not the court, to decide.

ArbitrationLabor LawCollective BargainingPlant ClosureInjunctionGrievance ProcedureContract DurationFederal PreemptionJudicial DeferenceArbitrability
References
9
Case No. MISSING
Regular Panel Decision

Local 175, United Plant & Production Workers v. Thompson

Local 175, a labor union, initiated a CPLR article 78 petition challenging the Comptroller of the City of New York's 2009-2010 prevailing wage schedules for asphalt workers. Local 175 contended that it was the predominant union for asphalt pavers and that the Comptroller should have based the prevailing wage on its collective bargaining agreement, which offered higher rates than those determined by Local 1018's agreement. The Comptroller cross-moved to dismiss the petition, arguing that under Labor Law § 220 (6), only employers, not labor organizations, have standing to contest such determinations. The court agreed with the Comptroller, rejecting Local 175's arguments and declining to follow a prior ruling that had granted standing to a union in a similar context. The court held that the Legislature intended to limit standing to employers, thus Local 175 lacked the legal capacity to challenge the prevailing wage rate determination. Consequently, the court granted the Comptroller's cross-motion and dismissed the petition.

Prevailing wageLabor Law § 220CPLR article 78Standing doctrineFiscal officerCollective bargaining agreementPublic workAsphalt workersNew York City ComptrollerLabor union
References
5
Case No. 06-01-00129-CV
Regular Panel Decision
May 02, 2002

Suzanne Chhim v. University of Houston and Tom Wray, Director, Physical Plant

Suzanne Chhim sued the University of Houston (UH) and Tom Wray for wrongful termination and Title VII violations. The trial court granted summary judgment for UH and Wray. On appeal, Chhim abandoned her Title VII claim, which was affirmed. However, regarding the wrongful termination claim under Tex. Lab. Code Ann. § 451.001, the appellate court found that Chhim established a causal link between her intent to file a worker's compensation claim and her termination. The court also determined that UH and Wray failed to provide a valid, nondiscriminatory reason for her termination that rebutted the causal connection. Consequently, the appellate court reversed the summary judgment on the wrongful termination claim and remanded it for further proceedings due to remaining genuine issues of material fact.

Wrongful TerminationRetaliatory DischargeSummary JudgmentWorkers' Compensation ClaimCausal ConnectionPrima Facie CaseBurden of ProofTexas Labor CodeEmployment LawAppellate Review
References
28
Case No. MISSING
Regular Panel Decision

Maynard v. Maynard

Petitioner sought joint legal and physical custody of her children after the respondent, her ex-husband, unilaterally moved with them to Virginia. The Family Court of Essex County initially dismissed the petitioner's application, awarding custody to the respondent. On appeal, the petitioner argued that the Family Court should have applied the legal standard for custody relocation cases. The Appellate Division agreed, noting that a custodial parent's move that deprives the noncustodial parent of customary contact is disfavored without exceptional circumstances. Consequently, the appellate court reversed the Family Court's order and remitted the matter for further proceedings consistent with its decision.

Joint CustodyChild RelocationFamily LawCustody DisputeAppellate ReviewVisitation RightsBest Interests of the ChildDomestic Relations LawFamily Court ActEssex County
References
4
Case No. MISSING
Regular Panel Decision

Arnold v. Firestone Tire & Rubber Co.

This worker's compensation case involves Mr. Arnold, who sought compensation for disability from allergic asthma and bronchitis, an occupational disease. The plaintiff's underlying condition was primarily attributed to his history of smoking, but the trial court found that it was significantly aggravated by the inhalation of various substances at the Firestone Plant where he worked for nearly 40 years. This aggravation led to a finding of permanent and total disability. The defendant appealed, arguing the condition was not work-related and only temporary. The appellate court affirmed the trial court's decision, emphasizing the principle that an employer is liable for disabilities resulting from the aggravation of a pre-existing condition brought about by occupation, even if the underlying condition was not initially work-related.

Worker's CompensationOccupational DiseaseAllergic AsthmaBronchitisAggravation of Pre-existing ConditionSmokingIndustrial ExposurePermanent DisabilityEmployer LiabilityCausation
References
5
Case No. MISSING
Regular Panel Decision

Eisenberg v. Advance Relocation and Storage, Inc.

Plaintiff Julianne Eisenberg sued Advance Relocation and Storage, Inc. and related entities, alleging hostile work environment, sex discrimination, and retaliatory termination under Title VII and the New York State Human Rights Law. Defendants sought summary judgment, contending Eisenberg was an independent contractor, not an employee. The court applied the common law agency test, weighing factors like tax treatment, skill required, and control. Ultimately, the court determined Eisenberg was an independent contractor, primarily due to her tax status and lack of employee benefits, and thus not protected by the relevant statutes. Defendants' motion for summary judgment was granted, dismissing all claims.

Employment StatusIndependent ContractorTitle VIICivil Rights Act of 1964New York State Human Rights LawSexual HarassmentDiscriminationHostile Work EnvironmentRetaliatory TerminationSummary Judgment
References
22
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