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Andre Waterman v. Transport Workers' Union Local 100, Malcolm Goldstein and O'donnel, Schwartz, Glanstein & Rosen

Andre WATERMAN, Plaintiff-Appellant, v. TRANSPORT WORKERS’ UNION LOCAL 100, Malcolm Goldstein and O’Donnel, Schwartz, Glanstein & Rosen, Defendants-Appellees

Waterman v. Transp. Workers' Union Local 100, Malcolm Goldstein & O'donnel, Schwartz, Glanstein & Rosen, 176 F.3d 150 (2d Cir. 1999)
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Court
Court of Appeals for the Second Circuit · U.S. Courts of Appeals
Decided
May 28, 1999
Docket
No. 98-7986
Judges
Feinberg, McLaughlin, Leval
Citations
176 F.3d 1501999 WL 3573991999 U.S. App. LEXIS 10941

Opinion — Per Curiam

PER CURIAM:

Plaintiff Andre Waterman appeals from the judgment of the United States District Court for the Southern District of New York (Shira A. Scheindlin, Judge) granting defendants’ motion for summary judgment.

See Waterman v. Transport Workers’ Union Local 100, 8 F.Supp.2d 363 (S.D.N.Y.1998). Plaintiff was terminated from his position as a bus driver with the Manhattan and Bronx Surface Transit Operating Authority after he allegedly tested positive for cocaine following a drug test, and the termination was upheld following arbitration of a grievance brought by plaintiffs union. Plaintiff filed the instant suit against his union and the lawyer and law firm retained by the union to represent him at the arbitration, contending that the union had breached its duty to fairly represent him and that the attorneys had committed malpractice. The district court found that the claim against the union was barred by the doctrine of res judicata or, in the alternative, by the applicable statute of limitations.

See id.

at 367-70 . The district court further found that the union’s retained attorneys acted as agents of the union in handling a grievance under the union’s collective bargaining agreement, and thus could not be sued for malpractice by an individual union member under the rule of Atkinson v. Sinclair Refining Co., 370 U.S. 238, 246-48 , 82 S.Ct. 1318 , 8 L.Ed.2d 462 (1962).

See Waterman, 8 F.Supp.2d at 369-71.

For the reasons stated by the district court, we find that plaintiffs claim against the union was barred by the statute of limitations, and that under Atkinson a union’s attorneys may not be sued by an individual union member for actions taken pursuant to a collective bargaining agreement. We hereby adopt Parts III.A.2 and III.B of the district court’s opinion, and affirm for the reasons stated therein.

See Waterman, 8 F.Supp.2d at 368-71 .

CONCLUSION The judgment of the district court is affirmed.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1999: 12000: 12004: 22010: 12020: 22026: 119992026peak 2004 · 2

Relies on it most ⓘ

  1. Niezbecki v. Eisner & Hubbard, P. C.186 Misc. 2d 191 (N.Y. City Civ. Ct. 1999)
  2. Gisela Carino v. Marc Stefan, Esq Butsavage & Associates, LLC376 F.3d 156 (3d Cir. 2004)
  3. Pack v. Artuz348 F. Supp. 2d 63 (S.D.N.Y. 2004)
  4. Zander v. Carlson2020 IL 125691
  5. Mamorella v. Derkasch276 A.D.2d 152 (2000)
  6. Jacobs v. Mostow69 A.D.3d 575 (2010)

Most recent

  1. Mezie Oduka v. Danisha DavisNo. 1:25-cv-06875 (S.D.N.Y. May 7, 2026)
  2. Zander v. Carlson2020 IL 125691
  3. Klingsberg v. Council of Sch. Supervisors & Adm'rs-Local 12020 NY Slip Op 2083
  4. Jacobs v. Mostow69 A.D.3d 575 (2010)
  5. Pack v. Artuz348 F. Supp. 2d 63 (S.D.N.Y. 2004)
  6. Gisela Carino v. Marc Stefan, Esq Butsavage & Associates, LLC376 F.3d 156 (3d Cir. 2004)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 2

DepthCaseCited by
Atkinson v. Sinclair Ref. Co., 370 U.S. 238 (1962) 745
Waterman v. Transp. Workers' Union Local 100, 8 F. Supp. 2d 363 (S.D.N.Y. 1998) 11

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