Legal Opinion
Cook v. National Maritime Union of America
District Court, S.D. New York
Decided September 30, 1985No. 84 Civ. 1378 (EW)PublishedCited by 6 opinions
1Opinion of the Court
OPINION
EDWARD WEINFELD, District Judge.
Plaintiff, appearing pro se, brings this action for damages against his former employer, American Trading Transportation Co. (“ATTC”) for wrongful discharge and also against his union, the National Maritime Union (“NMU”) for failure to fulfill its duty of fair representation in connection with his discharge. NMU moves under Fed.R.Civ.P. 39(a)(2) to strike plaintiffs timely request for jury trial as to the duty of fair representation on the ground that such claims are not covered by the Seventh Amendment’s guarantee of trial by jury.
The legal issue raised…
2Cases cited5 opinions
- Vaca v. SipesSupreme Court of the United States · 1967
- Curtis v. LoetherSupreme Court of the United States · 1974
- Henry Wade Cox v. C. H. Masland & Sons, Inc., a Corporation, and Textile Workers Union of America, Local 1882Court of Appeals for the Fifth Circuit · 1980
- William Minnis v. International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, UawCourt of Appeals for the Eighth Circuit · 1975
- Daniel P. Quinn v. Joseph L. Digiulian, Jr.Court of Appeals for the D.C. Circuit · 1984
3Cited by6 opinions
- Caputo v. National Ass'n of Letter CarriersDistrict Court, E.D. New York · 1990
- Grider v. MoninDistrict Court, M.D. Tennessee · 1986
- Terry v. Chauffeurs, Teamsters & Helpers, Local 391District Court, M.D. North Carolina · 1987
- Emerick v. McConway & Torley Corp.District Court, E.D. Pennsylvania · 1986
- King v. Fox Grocery Co.District Court, W.D. Pennsylvania · 1988
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