No. 24-7004
Gerald Nelson v. New York City Transit Authority, et al.
Response WaivedRelisted (2)IFP
Tags: duty-of-fair-representation federal-jurisdiction immunity labor-management political-subdivision wrongful-discharge
Latest Conference:
2025-09-29
(distributed 2 times)
Question Presented (from Petition)
1. Whether a political subdivision has immunity under 301 labor management (duty of fair representation/public employees) ?
2. Whether 301 labor management warrants a jury trial ?
3. Whether a political subdivision and union waive their immunity based on A wrongful discharge claim, when federal jurisdiction is invoked ?
4. Whether the district court made a mistake under the 60 B rule, when the case was dismissed for failure to state a claim /Rule 12(b)(6) with Prejudice ?
Question Presented (AI Summary)
Whether a political subdivision has immunity under 301 labor management (duty of fair representation) and whether such immunity can be waived when federal jurisdiction is invoked
Docket Entries
2025-10-06
Rehearing DENIED.
2025-09-03
DISTRIBUTED for Conference of 9/29/2025.
2025-06-23
Petition for Rehearing filed.
2025-05-27
Petition DENIED.
2025-05-07
DISTRIBUTED for Conference of 5/22/2025.
2025-05-05
Waiver of right of respondent Transport Workers Union Local 100 to respond filed.
2025-04-14
Waiver of right of respondent New York City Transit Authority (i/p/a " New York City Transit Authority, Department of Buses, (East New York Depot)") to respond filed.
2025-04-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 16, 2025)
2025-01-13
Application (24A678) granted by Justice Sotomayor extending the time to file until April 7, 2025.
2025-01-06
Application (24A678) to extend the time to file a petition for a writ of certiorari from February 4, 2025 to April 5, 2025, submitted to Justice Sotomayor.
Attorneys
Gerald Nelson
Gerald Nelson — Petitioner
New York City Transit Authority (i/p/a " New York City Transit Authority, Department of Buses, (East New York Depot)")
Neil H. Abramson — Proskauer Rose, LLP, Respondent
Transport Workers Union Local 100
Denis A. Engel — Colleran, O'Hara & Mills L.L.P., Respondent