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Kenneth L. Wagner

Kenneth Wagner’s Legal Cases

5 total

  • Gallagher v. IBEW Local Union No. 43, 2008 U.S. Dist. Lexis 81615 (N.D.N.Y. 2008)

    Practice Area:
    Employment & Labor
    Date:
    Oct 15, 2008
    Outcome:
    All claims were dismissed following a three-day trial.
    Description:
    A union member sued his construction industry union, alleging age discrimination under a disparate impact theory.
  • Smith v. New Venture Gear, Inc., 320 Fed. Appx. 33 (2d Cir. 2009)

    Practice Area:
    Employment & Labor
    Date:
    Jul 20, 2009
    Outcome:
    Summary judgment granted by district court and affirmed by circuit court of appeals
    Description:
    Successfully defended local and international unions in complicated federal court litigation against multiple claims of race and gender discrimination brought by employees of large manufacturing plant.
  • Ferguson v. New Venture Gear, Inc. 2009 U.S. Dist. LEXIS 78111 (N.D.N.Y. 2009)

    Practice Area:
    Employment & Labor
    Date:
    Aug 31, 2009
    Outcome:
    Summary judgment granted by district court.
    Description:
    Successfully defended local and international unions in federal court action against claims of race and retaliatory discrimination asserted by employees of large manufacturing plant.
  • Turgeon v. Operating Engineers, Local 98, 2 Fed App'x 176 (2d. Cir. 2001)

    Practice Area:
    Employment & Labor
    Date:
    Feb 01, 2001
    Outcome:
    Summary judgment was granted by the district court and affirmed by the circuit court of appeals.
    Description:
    A former union member who was discharged from employment asserted various state-law tort claims against the union based on alleged wrongdoing by its stewards and officials.
  • Palladino v. CNY Centro, 2014 N.Y. LEXIS 704, 2014 NY Slip Op 2378, 199 LRRM 3228

    Practice Area:
    Employment & Labor
    Date:
    Apr 08, 2014
    Outcome:
    Ruling in favor of the union and dismissing the complaints, the NY Court of Appeals rejected the plaintiff’s challenge to the continuing vitality of the so-called "Martin" rule defense and confirmed its applicability to fair representation claims.
    Description:
    A former union member who was discharged sued both the employer and the union for breach of the labor contract and of the duty of fair representation, respectively.