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Case Law Database

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

Case No. MISSING
Regular Panel Decision

Lahendro v. New York State United Teachers Ass'n

Plaintiff Michael F. Lahendro, a guidance counselor, sued the New York State United Teachers Association (NYSUT) and Brushton-Moira Teachers Association for breach of the duty of fair representation and negligence after NYSUT failed to timely file a demand for a hearing against his employment termination. This oversight led Lahendro to accept a settlement including retirement. Defendants moved to dismiss the lawsuit, which the Supreme Court denied, leading to this appeal. The appellate court reversed, dismissing the breach of fair representation claim based on the 'Martin v Curran' rule, which requires proving all individual union members authorized or ratified the conduct for suits against unincorporated associations, which plaintiffs could not do. Additionally, the negligence claim was dismissed as actions against unions for duties under collective bargaining agreements must be for breach of fair representation.

Breach of Duty of Fair RepresentationNegligenceUnincorporated AssociationMartin v Curran RuleEducation LawCPLRLate FilingSettlement AgreementEmployment TerminationGuidance Counselor
References
24
Case No. MISSING
Regular Panel Decision

Lindsay ex rel. Lindsay v. South San Antonio Independent School District

In March 1996, the South San Antonio Independent School District terminated Ruth Lindsay's teaching contract. After the Commissioner of Education affirmed her termination, Lindsay committed suicide. Her brother, Sam, appealed the decision, but the district court dismissed the appeal due to Lindsay's death, citing a lack of jurisdiction. The appellate court examined whether a public school teacher's appeal of termination survives their death. The court concluded that despite the Education Code's silence on the matter, the claim, being analogous to a common law breach of contract action, is assignable and therefore survives the death of the claimant. Consequently, the appellate court reversed the district court's dismissal and remanded the case for further proceedings.

Public School TeacherTermination AppealSurvivability of ActionTexas Education CodeCommon Law PrinciplesBreach of ContractEstate ClaimJudicial ReviewRemandDistrict Court Dismissal
References
6
Case No. MISSING
Regular Panel Decision

United Federation of Teachers, Local 2 v. Board of Education

The United Federation of Teachers appealed a decision by the Board of Education of the City of New York regarding the selection of teachers for an after-school program. An arbitrator previously ruled that the Board's selection process for Linda Feil, a qualified teacher, was arbitrary and capricious, ordering her placement and back pay. While the Supreme Court confirmed this arbitration award, the Appellate Division reversed, arguing public policy violations and the arbitrator exceeding authority. The Court of Appeals reversed the Appellate Division's decision, finding that the arbitration award neither violated public policy nor exceeded the arbitrator's powers under the collective bargaining agreement. Consequently, the Court of Appeals reinstated the Supreme Court's order confirming the arbitration award in favor of the teacher.

ArbitrationCollective BargainingPublic Policy ExceptionArbitrator AuthorityTeacher EmploymentGrievance ProcedureJudicial ReviewEducational StandardsArbitrary and CapriciousSeniority
References
17
Case No. 13-05-055-CV
Regular Panel Decision
May 11, 2006

Scott Cerre v. Odfjell Terminals (Houston) LP

Scott Cerre, an employee of Odfjell Terminals (Houston) LP, was injured on the job and subsequently filed a workers' compensation claim. He was later terminated under Odfjell's absence-control policy after taking a six-month leave of absence. Cerre sued Odfjell, alleging retaliatory discharge and discrimination in violation of chapter 451 of the Texas Labor Code. The trial court granted summary judgment in favor of Odfjell. On appeal, Cerre contended that the trial court erred in granting summary judgment on both his discrimination and retaliatory discharge claims. The Court of Appeals affirmed the trial court's judgment, finding that Odfjell successfully negated elements of the discrimination claim and that Cerre's termination was due to a uniformly enforced absence-control policy, not retaliation.

Retaliatory DischargeDiscrimination ClaimHostile Work EnvironmentSummary Judgment AffirmationTexas Labor Code Chapter 451Absence Control PolicyEmployment TerminationAppellate ReviewCausal ConnectionHarassment
References
18
Case No. 03-23-00279-CV
Regular Panel Decision
May 21, 2025

Mike Morath, in His Official Capacity as Commissioner of Education for the Texas Education Agency v. Texas State Teachers Association

The Texas Court of Appeals reviewed a challenge brought by the Texas State Teachers Association (TSTA) against Mike Morath, Commissioner of Education, concerning the validity of administrative Rule 97.1075(c)(1). TSTA contended that the rule, which grants "final" and "sole" authority to operating partners over district employees assigned to charter schools, infringed upon teachers' statutory rights. The trial court sided with TSTA, declaring the entire subsection invalid. On appeal, the Court of Appeals affirmed the invalidation of parts (C) and (D) of the rule, agreeing they improperly curtailed teachers' rights by making decisions unreviewable. However, the court reversed the trial court's decision regarding parts (A), (B), and (E), deeming them valid because they pertain to employees directly hired by the operating partner and do not impact the statutory protections of public school district teachers. The final ruling was affirmed in part and reversed and rendered in part.

Administrative LawEducation LawCharter SchoolsStatutory InterpretationAgency RulesTeachers' RightsTexas Education AgencySummary JudgmentAppellate ReviewRule Validity
References
10
Case No. MISSING
Regular Panel Decision

Board of Education v. West Hempstead Chapter Branch II of New York State Teachers Ass'n

The plaintiff school board sued to enjoin the defendant teachers association from issuing news releases and making public statements, arguing they violated their agreement and that grievance procedures should be used. The court denied the school board's motion for a temporary restraining order and granted the teachers association's cross-motion to dismiss the complaint. The court reasoned that the grievance procedure outlined in the agreement was designed for individual employee problems, not broad issues like those raised by the association's demands for resignations. Furthermore, the court emphasized that enjoining speech constituted an impermissible prior restraint, only justified in the narrowest exceptions, which were not met in this case.

Collective BargainingGrievance ProcedureFreedom of SpeechPrior RestraintPublic EmployeesTeachers UnionLabor DisputeInjunctionDismissal of ComplaintCross-Motion
References
9
Case No. MISSING
Regular Panel Decision

Foster v. Teacher Retirement System

Diana Foster, a retired teacher, appealed the dismissal of her lawsuit against the Teacher Retirement System of Texas (TRS) and its insurance administrators, Aetna Life Insurance Company and Aetna Health Management, LLC. Foster initially sued after Aetna denied coverage for her prescribed intravenous immune globulin infusion therapy (IVIG). Her claims included breach of contract, bad faith, insurance code violations, deceptive trade practices, and a request for declaratory judgment. The appellate court affirmed the trial court's dismissal, holding that TRS and Aetna were protected by sovereign immunity, which had not been waived by legislation or provided for judicial review under the Administrative Procedures Act. Consequently, the court found no error in dismissing Foster's suit rather than abating it.

Sovereign ImmunityGovernment Agency ImmunityInsurance DenialsHealth Benefit PlansDeclaratory Judgment ActionsAdministrative LawJudicial ReviewAgent LiabilityContractual DisputesAppellate Procedure
References
26
Case No. MISSING
Regular Panel Decision

Dallas Ry. & Terminal Co. v. Horton

M. C. Horton sued Dallas Railway & Terminal Company to recover damages for personal injuries to his wife, Mrs. Adeline Horton, sustained when her coat was caught while alighting from a street car, causing her to be thrown and dragged. The jury found the defendant negligent and awarded Horton $3,000. The Dallas Railway & Terminal Company appealed the judgment, raising three main issues: alleged double recovery allowed by the jury charge on damages, juror misconduct during deliberations, and alleged coercion of the jury by the trial court. The appellate court affirmed the trial court's judgment, finding no error in the jury charge, upholding the trial court's discretion regarding juror misconduct, and concluding that the court's instructions to the jury regarding conflicting answers were not coercive.

Personal InjuryStreet Car AccidentNegligenceDamagesJury MisconductCoercionAppellate ReviewTrial Court DiscretionCivil ProcedureLoss of Earning Capacity
References
15
Case No. MISSING
Regular Panel Decision

Board of Education of Yorktown Central School District v. Yorktown Congress of Teachers

The Yorktown Congress of Teachers (YCT) appealed an order from the Supreme Court, Westchester County, which had granted the Board of Education of the Yorktown Central School District's (Board) petition to stay arbitration and denied the YCT's cross-petition to compel arbitration. The dispute stemmed from the Board's refusal to approve certain graduate credits for compensation for a teacher, leading the YCT to file a grievance and demand arbitration under their collective bargaining agreement (CBA). The Supreme Court's order was reversed on appeal. The appellate court found no public policy or statutory prohibition against arbitration and determined that the dispute reasonably related to the CBA's subject matter. Consequently, the Board's petition to stay arbitration was denied, and the YCT's cross-petition to compel arbitration was granted, directing the parties to proceed to arbitration.

Collective Bargaining AgreementArbitrationGraduate CreditsTeacher CompensationGrievance ProcedureAppellate ReviewPublic Sector EmploymentEducation LawCPLR Article 75Contract Interpretation
References
14
Case No. 2022 NY Slip Op 04680
Regular Panel Decision
Jul 21, 2022

Matter of Buffalo Teachers Fedn., Inc. v. New York State Pub. Empl. Relations Bd.

This case concerns an Article 78 proceeding initiated by the Buffalo Teachers Federation, Inc. to challenge a determination by the New York State Public Employment Relations Board (PERB). PERB found that the Federation engaged in an unlawful strike in violation of Civil Service Law § 210 (1) after 16 teachers from Public School 59 called in sick following a threatening incident. The Appellate Division, Third Department, confirmed PERB's determination, concluding that there was substantial evidence to support the finding that the Federation, through its agent, instigated and condoned a concerted work stoppage. The court dismissed the Federation's petition.

Unlawful StrikePublic Employment RelationsTeacher UnionTaylor LawConcerted Work StoppageSchool District DisputeAdministrative ReviewLabor Law ViolationCollective Bargaining UnitSubstantial Evidence Review
References
6
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