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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

Williams v. Hevi-Duty Electric Co.

The plaintiff, Williams, sued Hevi-Duty Electric Company and other state defendants for racial discrimination and retaliatory failure to hire under Title VII, § 1981, and § 1983. The court found that Hevi-Duty discriminated against Williams by manipulating its one-year application retention policy and through word-of-mouth recruitment, effectively excluding him due to his race and prior EEOC charge. The court entered judgment for Williams against Hevi-Duty, ordering hiring, back-pay, and attorney fees, and permanently enjoining further discrimination. Claims against the state defendants were dismissed due to sovereign immunity or lack of discriminatory conduct.

Employment DiscriminationRacial DiscriminationRetaliation (Employment)Title VIICivil Rights Act of 1964Civil Rights Act of 1866Disparate TreatmentHiring PracticesApplication PolicyWord-of-Mouth Recruitment
References
21
Case No. MISSING
Regular Panel Decision

Simmons v. City of Fort Worth, Tex.

This case concerns a lawsuit filed by district and deputy chiefs of the Fort Worth Fire Department against the City of Fort Worth, alleging violations of the Fair Labor Standards Act's overtime provisions. The City contended that these officers were exempt as bona fide executives. The court applied the FLSA's "short test," which requires employees to be compensated on a salary basis, have management as their primary duty, and customarily direct the work of at least two employees. The court found that despite arguments regarding impermissible deductions, the City's actions fell within the "window of correction," maintaining the plaintiffs' salaried status. Furthermore, the court determined that the plaintiffs' primary duties were indeed managerial and involved supervising numerous personnel. Consequently, the District Court granted summary judgment in favor of the City of Fort Worth, dismissing all of the plaintiffs' claims with prejudice.

FLSAOvertime ExemptionExecutive ExemptionSalary Basis TestWindow of CorrectionFire Department PersonnelMunicipal EmploymentSummary JudgmentDepartment of Labor RegulationsSupervisory Roles
References
15
Case No. MISSING
Regular Panel Decision

B.C.F. Oil Refining, Inc. v. Consolidated Edison Co. of New York, Inc.

BCF Oil Refining, Inc. sued Consolidated Edison Co. of New York and Miller Environmental Group, Inc. (MEG), alleging negligence and breach of warranty regarding the distribution of PCB-contaminated oil. MEG, a transporter, filed a motion for summary judgment. The court determined that while MEG owed a duty of reasonable care, BCF failed to demonstrate that MEG breached this duty, as BCF and Con Edison had the primary legal obligations to test for hazardous materials. Additionally, BCF's claims of express and implied warranties against MEG were rejected due to a lack of reliance on MEG's affirmations. Consequently, the court granted MEG's motion for summary judgment and dismissed BCF's case against MEG in its entirety.

Summary JudgmentNegligenceBreach of WarrantyToxic Substances Control ActHazardous WastePCBsTransporter LiabilityDuty of CareEnvironmental LawForeseeability
References
17
Case No. MISSING
Regular Panel Decision
Mar 29, 2016

Padilla v. Sheldon Rabin, M.D., P.C.

Raul Padilla, an ophthalmic technician, filed a collective action against his employer, Sheldon Rabin, M.D., P.C., and its owner, Dr. Sheldon Rabin, seeking retroactive overtime payments under the Fair Labor Standards Act (FLSA) and New York Labor Law (NYLL). The central issue was whether Padilla was an 'exempt' salaried professional employee. Both parties moved for summary judgment. The court found that Padilla did not meet the 'salary basis' test required for the FLSA's learned professional exemption, thus granting his motion for summary judgment on the FLSA claim regarding this exemption. However, issues regarding the 'primary duty' test for the NYLL exemption, statute of limitations (willfulness), and liquidated damages were deemed triable issues for a jury.

FLSANYLLOvertime PayExempt EmployeeLearned Professional ExemptionSalary Basis TestPrimary Duty TestSummary JudgmentWillfulnessLiquidated Damages
References
28
Case No. MISSING
Regular Panel Decision

Kastor v. Sam's Wholesale Club

Plaintiff William A. Kastor sued Sam’s Wholesale Club for unpaid overtime compensation under the Fair Labor Standards Act (FLSA). Kastor, a bakery department manager, argued he was not exempt from overtime requirements as he spent most of his time on non-managerial tasks. Sam's contended that Kastor was an executive or administrative employee, thus exempt under FLSA regulations. The court applied the FLSA 'short test' for executive exemption, finding Kastor's primary duty was management of the bakery department, despite his claims of time spent on non-managerial duties. The court considered the importance of his managerial tasks, his exercise of discretion, and his supervision of other employees. The court granted Sam’s Wholesale Club’s Motion for Summary Judgment, dismissing the action with prejudice, concluding that Kastor was an exempt executive employee.

overtime compensationFair Labor Standards ActFLSAexecutive exemptionadministrative exemptionsummary judgmentprimary dutymanagementbakery departmentwage and hour
References
10
Case No. MISSING
Regular Panel Decision

In Re Air Crash Off Long Island, New York

Plaintiffs Robert Jude Loffredo and Michael Steward, administrators of the estates of deceased flight attendants Elaine F. Loffredo and Daryl K. Edwards, sought summary judgment to strike Trans World Airlines, Inc.'s (TWA) workers' compensation defenses. TWA cross-moved for summary judgment, arguing the decedents were not "passengers" under the Warsaw Convention, thus limiting remedies to state workers' compensation law. The District Court, applying the Sulewski test, determined that Loffredo and Edwards were performing employment obligations as deadheading crew members, contractually required to be on Flight 800 for subsequent active duty. The court concluded they were not passengers under the Warsaw Convention, as their primary purpose for being on board was to fulfill employment duties rather than simply travel. Consequently, Plaintiffs' motion was denied, and TWA's cross-motion for summary judgment was granted.

Summary JudgmentWorkers CompensationWarsaw ConventionDeadheading EmployeesFlight AttendantsEmployment ObligationsPassenger StatusInternational TransportationWrongful DeathAirline Liability
References
8
Case No. MISSING
Regular Panel Decision

Roberts v. National Autotech, Inc.

Jim Roberts, the plaintiff, sued his former employer, National Autotech, claiming entitlement to overtime compensation under the Fair Labor Standards Act (FLSA). National Autotech argued that Roberts was an exempt executive and/or administrative employee. Roberts was hired as a Service Writer or Manager Trainee, then quickly promoted to Store Manager and later Group Supervisor, before returning to Store Manager. The court examined his duties under the FLSA's "short test" for executive and administrative exemptions. The court found Roberts was an exempt executive employee during his time as Store Manager or Group Supervisor due to his primary duty being management, despite spending significant time on non-managerial tasks. However, during his initial five weeks as a Manager Trainee or Service Writer, he was deemed non-exempt. Therefore, the defendant's motion for summary judgment was granted in part and denied in part.

FLSAFair Labor Standards ActOvertime CompensationExecutive ExemptionAdministrative ExemptionManager TraineeStore ManagerGroup SupervisorPrimary Duty TestSummary Judgment
References
17
Case No. MISSING
Regular Panel Decision

Coleman v. Town of Hempstead

Plaintiff Paul Coleman, an employee of the Town of Hempstead Department of Sanitation, was suspended for 24 days after failing a random drug test he alleges was flawed. He filed claims under 42 U.S.C. § 1983 for procedural and substantive due process violations, along with state law claims for negligence and malpractice, against the Town, its officials, and various private entities involved in the drug testing, including Medical Review Officers (MROs) and a laboratory. Defendants University Services (an MRO) and LabCorp Laboratories (the testing lab) moved to dismiss the amended complaint, arguing they are private entities not acting under color of state law for the § 1983 claims, and that LabCorp owed no duty to the plaintiff for the negligence claim. The Court denied both motions, finding that the plaintiff adequately alleged that LabCorp and University Services acted under color of state law, either through a close-nexus or symbiotic relationship with the Town. Regarding the negligence claim against LabCorp, the Court determined that New York law would recognize a common law duty of care owed by a drug testing laboratory to an employee in such circumstances, due to the significant and potentially devastating consequences of a false-positive drug test.

Drug TestingWorkplace Drug TestingDue Process ViolationSection 1983 ClaimNegligence ClaimMedical MalpracticeState Action DoctrinePrivate Entity LiabilityMotion to DismissUrine Sample
References
33
Case No. MISSING
Regular Panel Decision

Hartford Accident & Indemnity Co. v. Commercial Union Insurance

This case involves a dispute between two insurance companies, Hartford Accident and Indemnity Company (excess insurer) and Commercial Union Insurance Company (primary insurer), concerning liability for an injury claim. Michael Jutt, an employee of Minuteman Press International, Inc., was injured while on a Minuteman-owned boat. Commercial Union, the primary insurer, denied coverage and refused to defend Minuteman, leading Hartford, the excess insurer, to provide defense and settle Jutt's claim for $135,000. Hartford subsequently sued Commercial Union for breach of fiduciary duty. The District Court affirmed Hartford's standing to sue, recognizing a direct fiduciary duty owed by a primary insurer to an excess insurer, and found that the "paid employees" exclusion in Commercial Union's policy was ambiguous. Consequently, the Court ruled in favor of Hartford, ordering Commercial Union to pay $135,000 plus interest.

Insurance LawExcess InsurancePrimary InsuranceFiduciary DutyEquitable SubrogationPolicy ExclusionAmbiguous Contract TermDeclaratory Judgment ActionStanding to SueMarine Insurance
References
5
Case No. MISSING
Regular Panel Decision
Aug 24, 1993

Texas Employers Insurance v. Underwriting Members of Lloyds

The case involves a dispute between a primary insurer, Texas Employers’ Insurance Association (TEIA), and several excess liability insurers (The Underwriting Members of Lloyds, et al.) over the reimbursement of defense costs incurred in an underlying lawsuit. TEIA, Monsanto's primary insurer, defended Monsanto in a toxic tort case, paying its $1 million indemnity limit and $4,057,245 in attorneys’ fees and costs. TEIA sought contribution and indemnity from the excess carriers, alleging they were responsible for defense costs and breached a duty of good faith. The Court granted summary judgment for the Defendants, holding that under Texas law and the unambiguous terms of the insurance policies, excess insurers are not obligated to participate in defense costs until the primary policy limits are exhausted. The Court also found TEIA's purported tender of its policy limits invalid and dismissed its claim for breach of the duty of good faith and fair dealing.

Insurance DisputePrimary vs. Excess InsurerDefense CostsEquitable SubrogationSummary JudgmentPolicy InterpretationTexas LawGood Faith and Fair DealingExhaustion of Policy LimitsIndemnity Claim
References
0
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