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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

Community Service Society v. Welfare Inspector General

The case concerns an application by the Community Service Society (CSS) and Gladys Baez to quash a subpoena issued by the Welfare Inspector General of the State of New York. The subpoena sought privileged communications between Baez and a certified social worker at CSS concerning her marital status and employment, information relevant to an investigation of alleged welfare fraud. Petitioners argued the communications were protected under CPLR 4508. The Inspector General contended Baez waived the privilege by signing a public assistance form and that the communication revealed contemplation of a crime. The court ruled that the signed consent form did not constitute a clear waiver of privilege. It also determined that information about marital status or employment does not inherently reveal the contemplation of a crime for the purpose of the CPLR 4508 exception. Consequently, the court granted the motion to quash the subpoena, affirming the privileged nature of the communications, but denied Baez's requests for an injunction and class action certification.

Social worker-client privilegeCPLR 4508Subpoena quashWelfare fraud investigationWaiver of privilegeConfidential communicationsClass action denialExecutive LawSocial Services LawPenal Code
References
11
Case No. MISSING
Regular Panel Decision
Sep 12, 2007

In Re Adelphia Communications Corp.

The case concerns Debtor Adelphia Communications Corp.'s objection to a $44.7 million claim by Lucent Technologies, Inc. Lucent sought to hold Adelphia liable for debts of Devon Mobile Communications, L.P. under Delaware's Revised Uniform Limited Partnership Act, specifically Section 17-303, alleging de facto general partnership liability. Adelphia argued Lucent's actual knowledge of its limited partner status should defeat the claim. The Court ruled that Section 17-303(a) prioritizes the limited partner's conduct in determining a third party's reasonable belief, making the third party's actual knowledge of limited partner status irrelevant. Citing material factual disputes regarding Adelphia's conduct, the Court denied Adelphia's motion for summary judgment on Lucent's Section 17-303, alter ego, and other equitable claims, scheduling the Section 17-303 claim for the first stage of trial.

Limited Partnership LiabilitySummary Judgment MotionDelaware Revised Uniform Limited Partnership ActSection 17-303De Facto General PartnerPartnership ControlVeil PiercingEquitable RemediesBreach of Contract ClaimBankruptcy Proceedings
References
41
Case No. MISSING
Regular Panel Decision

Members for a Democratic Union v. Local 1101, Communications Workers

Plaintiffs, Members for a Democratic Union (MDU) and individual members, sought mandatory injunctive relief to compel defendants, Local 1101, Communications Workers of America, AFL-CIO, and its officers, to publish an advertisement promoting a 'Defense Fund' in the union's newspaper, 'The Generator'. They argued this right under section 101(a)(2) of the Labor-Management Reporting and Disclosure Act. The defendants maintained a policy of not accepting paid advertisements, only publishing free notices for union member benefits, and argued this policy was reasonable and consistently applied. The court distinguished the case from previous rulings, noting that 'The Generator' had not 'opened the forum' to commercial speech or taken a stance on the Defense Fund issue. The court also noted that plaintiffs had other viable communication channels. Ultimately, the court found the defendants' policy to be reasonable and granted their motion for summary judgment, denying the plaintiffs' motion and dismissing the action.

Labor LawUnion DemocracyFreedom of SpeechLabor-Management Reporting and Disclosure ActSummary JudgmentUnion NewspaperAdvertising PolicyInjunctive ReliefFirst AmendmentInternal Union Affairs
References
18
Case No. MISSING
Regular Panel Decision

LIN Television Corp. v. National Ass'n of Broadcast Employees & Technicians—Communications Workers

Plaintiff LIN Television Corporation sought to vacate a labor arbitration award that reinstated employee Timothy Flynn after his termination for making threats. Defendants, National Association of Broadcast Employees and Technicians—Communications Workers of America, counter-claimed to enforce the award. The arbitration found no "just cause" for termination, converting it to a suspension and mandating a positive psychiatric evaluation for Flynn's return. The U.S. District Court, reviewing cross-motions for summary judgment, confirmed the arbitration award. The court ruled that the award drew its essence from the collective bargaining agreement and did not violate public policy regarding workplace safety, thereby denying the plaintiff's motion and granting the defendants' motion.

Labor DisputeArbitration AwardVacaturEnforcementWorkplace SafetyCollective Bargaining AgreementJust CauseEmployee TerminationMental Health EvaluationFederal Court Review
References
26
Case No. 12-CV-7527 (JMF)
Regular Panel Decision

United States v. Wells Fargo Bank, N.A.

This civil fraud case, brought by the United States against Wells Fargo Bank, N.A. and Kurt Lofrano, addresses a novel issue in the Second Circuit: whether an employee can assert an advice-of-counsel defense by disclosing privileged communications when the employer holds the privilege and refuses to waive it. Defendant Kurt Lofrano sought to use advice from Wells Fargo's counsel as a complete defense against claims under the False Claims Act and FIRREA. Wells Fargo, however, moved for a protective order to prevent the disclosure of its attorney-client privileged communications. The Court, citing Supreme Court precedent in Swidler & Berlin, concluded that a balancing test between the importance of evidence and the attorney-client privilege is not applicable in civil cases. Consequently, the Court granted Wells Fargo's motion for a protective order, precluding Lofrano from asserting the advice-of-counsel defense using the Bank's privileged information.

Attorney-Client PrivilegeAdvice of Counsel DefenseCorporate PrivilegeEmployee Privilege WaiverProtective OrderCivil FraudFalse Claims ActFIRREAImplied WaiverEvidentiary Rules
References
28
Case No. MISSING
Regular Panel Decision

People v. Easter

This case involves a defendant's motion to dismiss an indictment on grounds of insufficient evidence before the Grand Jury, selective enforcement, and in the interest of justice. The core issue revolves around the admissibility of privileged communications, specifically social worker-client, physician-patient, and husband-wife privileges, presented to the Grand Jury. The defendant is accused of child abuse against his three-month-old son, Jason, who sustained a fractured skull, ribs, and other injuries. The court found that the physician-patient privilege was waived under CPLR 4504(b) due to child abuse. The husband-wife privilege did not apply to Mrs. Easter's testimony as it was not a confidential marital communication. Crucially, the court determined that the child, Jason, was the "client" of the social workers under CPLR 4508(3), thus allowing their testimony regarding the defendant's admissions of harming the child. Consequently, the social workers' testimony was deemed competent and properly considered by the Grand Jury. The court also rejected the argument for Miranda warnings, stating the defendant was not in custody. The motion to dismiss the indictment based on insufficiency of evidence was denied.

Motion to Dismiss IndictmentGrand Jury Evidence SufficiencyPrivileged Communications AdmissibilitySocial Worker-Client Privilege ExceptionChild Abuse ProceedingsPhysician-Patient PrivilegeHusband-Wife Privilege ScopeMiranda RightsCPLR 4508 Child ClientCriminal Procedure Law
References
6
Case No. Dkt.# 152
Regular Panel Decision

Scholtisek v. Eldre Corp.

Fredrick Scholtisek, a plaintiff in a class action against Eldre Corporation, brought an action alleging violations of the Fair Labor Standards Act and New York Labor Law concerning unlawful pay deductions for salaried employees. The present decision addresses Eldre's motion in limine to prevent testimony from its former HR Manager, Kathleen Davis, regarding conversations with an Executive Vice President, Arthur Abelson, where Abelson allegedly stated that company attorneys had reviewed the employee handbook and found its policies legal. Eldre contended these communications were protected by attorney-client privilege. The court denied the motion, ruling that Eldre failed to prove the communication was privileged or that Davis had a "need to know" in confidence. Furthermore, the court found an implicit waiver of privilege as Abelson's statements to Davis, intended for her to relay to a complaining employee, demonstrated an authorization for disclosure.

Attorney-Client PrivilegePrivilege WaiverMotion in LimineFair Labor Standards ActNew York Labor LawWage and Hour DisputeEmployee Pay DeductionsCorporate Legal AdviceNeed to Know DoctrineClass Action Litigation
References
28
Case No. MISSING
Regular Panel Decision

Dolin, Thomas & Solomon LLP v. United States Department of Labor

The law firm Dolin, Thomas & Solomon, LLP, proceeding pro se, initiated this action against the United States Department of Labor (DOL) under the Freedom of Information Act (FOIA), alleging wrongful withholding of documents. These documents pertained to DOL Wage and Hour Division Opinion Letters FLSA 2007-1, FLSA 2007-2, and FLSA 2007-4, along with related requests and internal communications. Both parties moved for summary judgment. The court partially granted and partially denied both motions, ordering the DOL to produce specific categories of documents, such as enclosure letters, status updates, and generalized procedural communications, for which privilege claims were deemed insufficient. However, the court upheld the DOL's right to withhold draft opinion letters and communications containing specific legal advice, recognizing these as protected by deliberative process and attorney-client privileges.

FOIAFreedom of Information ActSummary JudgmentDeliberative Process PrivilegeAttorney-Client PrivilegeDocument DisclosureAgency RecordsDOL Opinion LettersGovernment TransparencyExemptions
References
21
Case No. MISSING
Regular Panel Decision

Sharpe v. MCI COMMUNICATIONS SERVICES, INC.

Byron Sharpe, an African-American former employee of MCI Communications Services, Inc., filed a lawsuit alleging racial discrimination, retaliation, and a racially hostile work environment after his employment was terminated as part of a Reduction in Force in March 2006. Sharpe had previously complained about his direct manager's confrontational style, leading to the manager's reassignment. The court granted MCI's motion for summary judgment, finding that Sharpe failed to provide sufficient evidence to support his claims. Specifically, the court concluded that no reasonable jury could find that Sharpe was subjected to a hostile work environment due to his race, nor that his termination was motivated by race or in retaliation for his complaints. The court also dismissed his claims under State and City Human Rights Laws.

Employment DiscriminationRacial DiscriminationHostile Work EnvironmentRetaliationSummary Judgment MotionTitle VII Civil Rights ActNew York Human Rights LawWorkplace LayoffPretextDiscriminatory Intent
References
37
Case No. MISSING
Regular Panel Decision

Communication Workers of America v. Town of Greece

The Communication Workers of America, Local 1170 (Union) appealed an order that partially vacated an arbitration award concerning the demotion of a Town of Greece police sergeant. The arbitrator had sustained disciplinary charges but reduced a permanent demotion to one year, finding the original penalty unreasonable. The appellate court reversed the Supreme Court's order, agreeing with the Union that the arbitrator acted within his broad discretion and authority under the collective bargaining agreement. The court reiterated that an arbitrator's award can only be vacated if it violates strong public policy, is irrational, or clearly exceeds specific limitations. Finding no such exceeding of authority, the appellate court granted the Union's petition to confirm the arbitration award and denied the Town's cross-petition.

Arbitration AwardCollective Bargaining AgreementDemotionDisciplinary ActionArbitrator AuthorityJudicial ReviewLabor DisputeAppellate CourtMonroe CountyCPLR Article 75
References
10
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