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

Case No. MISSING
Regular Panel Decision
Jul 07, 1978

SOCIALIST WKRS. PARTY v. Attorney General of US

This case involves an action by the Socialist Workers Party (SWP) and the Young Socialist Alliance (YSA) against various federal agencies and officials, primarily the Attorney General and the FBI, for alleged constitutional violations stemming from extensive FBI informant activities and disruption programs. The current opinion addresses the Attorney General's refusal to comply with a May 31, 1977, court order to produce 18 confidential FBI informant files to plaintiffs' counsel. The court rejected the Attorney General's arguments concerning informant confidentiality, appellate review, and alternative sanctions, emphasizing the files' indispensable nature for the litigation of plaintiffs' claims, which include demands for damages and injunctive relief. The court ruled that the Attorney General must comply with the production order by July 7, 1978, or face civil contempt, underscoring the judiciary's power to enforce orders even against high-ranking government officials.

Informant ConfidentialityDiscovery DisputeCivil ContemptGovernment MisconductFBI SurveillancePolitical OrganizationsFirst Amendment RightsConstitutional ViolationsAppellate ReviewAttorney General
References
35
Case No. MISSING
Regular Panel Decision

International Brotherhood of Electrical Workers, Local 97 v. Niagara Mohawk Power Corp.

This case involves a dispute between International Brotherhood of Electrical Workers, Local 97 (the union) and Niagara Mohawk Power Corporation. The union sought to confirm an arbitration award that reinstated employee Patrick J. Rando, who was discharged by Niagara Mohawk after adulterating a drug test sample and later testing positive for cocaine. Niagara Mohawk counterclaimed to vacate the award, arguing it violated public policy related to nuclear safety. The employee, a Chemistry Technician at a nuclear power plant, had unescorted access to critical areas. The court reviewed the public policy implications de novo, citing NRC regulations (10 C.F.R. Part 26) that emphasize strict adherence to nuclear safety rules and the trustworthiness of personnel. The court found that the grievant's conduct directly contravened this well-defined public policy. Consequently, the court denied the union's motion to confirm, granted Niagara Mohawk's cross-motion, and vacated the arbitration award, dismissing the complaint entirely. Both parties' requests for attorney's fees were denied.

ArbitrationPublic PolicyNuclear SafetyDrug TestingEmployee DischargeCollective Bargaining AgreementDue ProcessTrustworthinessReliabilityReinstatement
References
28
Case No. 2018 NY Slip Op 03795 [161 AD3d 1478]
Regular Panel Decision
May 24, 2018

Matter of Attorneys In Violation of Judiciary Law § 468-a. (Ettelson)

Julie Ann Ettelson, now known as Julie A. Laczkowski, was suspended from practicing law in 2009 due to noncompliance with attorney registration requirements under Judiciary Law § 468-a. She filed a motion for reinstatement in April 2018, which was reviewed by the Attorney Grievance Committee. The Committee provided findings and deferred to the Court's discretion. The Appellate Division, Third Department, found that the respondent met all requirements for reinstatement, including completing the Multistate Professional Responsibility Examination, maintaining current registration, and demonstrating good character and fitness. The Court also determined that her reinstatement would serve the public interest. Consequently, the Court granted her motion and reinstated her as an attorney.

Attorney ReinstatementProfessional MisconductJudiciary LawAttorney Grievance CommitteeAppellate DivisionAttorney RegistrationDisciplinary ProceedingsLegal EthicsSuspension of AttorneyCharacter and Fitness
References
11
Case No. MISSING
Regular Panel Decision

Powers v. Fox Television Stations, Inc.

Steve Powers, a former television reporter, initiated an age discrimination lawsuit against Fox Television Stations, Inc. following his employment termination in 1992, citing violations of New York State and City human rights laws. Fox subsequently removed the case to federal court and moved to compel arbitration, referencing an arbitration clause within Powers' 1992 employment agreement, and to stay the ongoing action. Powers contended that his employment contract was exempt from the Federal Arbitration Act (FAA) and that his claims fell outside the arbitration clause's scope. The court, relying on Second Circuit precedents, disagreed with Powers' interpretation, concluding that the FAA's employment contract exclusion was limited to the transportation industry and that the broadly worded arbitration clause encompassed the dispute. Consequently, the court granted Fox's motions, compelling arbitration and staying the civil action.

Age DiscriminationEmployment ArbitrationFederal Arbitration ActContract LawStatutory InterpretationMotion to CompelStay of ProceedingsSecond Circuit PrecedentNew York Human Rights LawArbitration Clause Scope
References
12
Case No. MISSING
Regular Panel Decision

Black v. Niagara Mohawk Power Corp.

James G. Black sued his employer, Niagara Mohawk Power Corporation (NYMO), and his union, International Brotherhood of Electrical Workers, Union Local 310, along with their representatives, for alleged wrongs suffered in 1976. This is the third action (referred to as “Black III”) brought by Black against essentially the same defendants. The core issue revolves around Black's demotion from Chief Line Mechanic A-Hot Stick for allegedly failing to change his residence as a condition of promotion, a condition Black disputed. Black's grievance through the Union was denied, and his subsequent lawsuits (referred to as “Black I” and “Black II”) were largely unsuccessful. In “Black III”, Black alleged that the summary judgment in “Black I” was obtained by fraud through false statements in an affidavit by defendant Carl. The Court denied Black's motion to remand and granted the defendants' motions for summary judgment, finding that Black had an opportunity to contest the alleged fraud in “Black I” and failed to do so. The Court also denied the defendants' request for costs, attorney's fees, and an injunction, but strongly advised Black against further litigation.

Fraud Upon The CourtRule 60(b)Summary JudgmentLabor Management Relations ActCollective Bargaining AgreementDuty of Fair RepresentationRes JudicataCollateral EstoppelDemotionGrievance Procedure
References
22
Case No. MISSING
Regular Panel Decision

Washington v. Niagara Mohawk Power Corp.

Plaintiff Dozier Washington, an African American employee of Niagara Mohawk Power Corporation, brought suit against his employer and the International Brotherhood of Electrical Workers (IBEW) after his 1994 demotion from electrician to meter reader. He alleged racial discrimination, a conspiracy to impair his rights under federal law and a collective bargaining agreement, and that the Union breached its duty of fair representation. Claims against the employer were previously dismissed. The court considered motions for summary judgment from IBEW and a cross-motion from Washington. The court granted IBEW's motion, dismissing all of Washington's remaining claims, citing insufficient evidence for the conspiracy and discrimination claims and finding the breach of duty of fair representation claim to be time-barred under both federal and New York state law. The court denied IBEW's counterclaim for attorney's fees and Washington's cross-motion for partial summary judgment, ultimately dismissing the suit in its entirety.

Racial DiscriminationEmployment LawUnion RepresentationSummary JudgmentFederal Civil RightsDemotionCollective Bargaining AgreementStatute of LimitationsConspiracyLabor Relations
References
23
Case No. 2015 NY Slip Op 06425 [131 AD3d 461]
Regular Panel Decision
Aug 05, 2015

Power v. Frasier

Joseph Power, an employee of the New York City Transit Authority, and his wife, sought damages for personal injuries sustained when Power was struck by a vehicle driven by coemployee John Frasier in a parking lot. Power had received workers' compensation benefits for his injuries. The defendants, John Frasier and his father Edward M. Frasier, moved for summary judgment, arguing the action was barred by the exclusivity provisions of the Workers' Compensation Law. The Supreme Court granted their motion, and the Appellate Division affirmed, holding that the Workers' Compensation Law provides an exclusive remedy when both parties are coemployees acting within the scope of their employment. Since John Frasier was found to be acting within the scope of his employment, he was immune from direct liability, and his father could not be held vicariously liable.

Personal InjuryWorkers' Compensation LawExclusivity ProvisionsCoemployee ImmunitySummary JudgmentVicarious LiabilityScope of EmploymentParking Lot AccidentAppellate ReviewStatutory Interpretation
References
15
Case No. MISSING
Regular Panel Decision

Zasada v. Niagara Mohawk Power Corp.

The plaintiffs, John Kline and the estate of Ronald E. Pollen, appealed a judgment from the Supreme Court, Schoharie County, which dismissed their complaint against Niagara Mohawk Power Corporation. The original action sought damages for injuries and death sustained in 1969 when a crane, operated by the plaintiffs, contacted live power lines owned by Niagara Mohawk. The trial court had found insufficient notice to establish foreseeability of the hazard. On appeal, the court determined that the record contained sufficient evidence of constructive notice regarding the extensive construction project and the likelihood of equipment operating near the power lines. Consequently, the appellate court reversed the judgment, finding that a jury could rationally find negligence on the part of Niagara Mohawk, and ordered a new trial.

Appellate ReviewNegligenceForeseeabilityConstructive NoticePower LinesWorkplace AccidentCrane OperationDismissal ReversedNew Trial OrderedUtility Company Liability
References
7
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. 2019 NY Slip Op 04470
Regular Panel Decision
Jun 06, 2019

Powers v. Plaza Tower, LLC

Plaintiff William Powers was injured after falling through a dismantled catwalk on the roof of a building owned by Plaza Tower, LLC, while installing a window washing scaffold. Plaza had retained plaintiff's employer, Global BMU, LLC, for the work. The Supreme Court denied Plaza's motion for summary judgment on its contractual indemnification claim against Global and granted Global's motion to dismiss the claim. The Appellate Division affirmed this decision, finding that the accident was due to Plaza's sole negligence for failing to maintain a safe premises or warn of hazards, and that Global and Powers were not negligent.

Premises liabilitySummary judgmentContractual indemnificationNegligenceCatwalk collapseBuilding ownerWarning signsDuty to maintainAppellate DivisionWorker injury
References
4
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