Andre Waterman v. Transp. Workers' Union Local 100, Malcolm Goldstein & O'donnel, Schwartz, Glanstein & Rosen, 176 F.3d 150 (2d Cir. 1999). · Go Syfert
Andre Waterman v. Transp. Workers' Union Local 100, Malcolm Goldstein & O'donnel, Schwartz, Glanstein & Rosen, 176 F.3d 150 (2d Cir. 1999). Cases Citing This Book View Copy Cite
13 citation events (7 in the last 25 years) across 5 distinct courts.
Strongest positive: Zander v. Carlson (ill, 2020-11-19)
Top citers, strongest first. 4 distinct citers. How cited ↗
discussed Cited as authority (rule) Zander v. Carlson
Ill. · 2020 · confidence medium
Carino v. Stefan, 376 F.3d 156, 160 (3d Cir. 2004) (Atkinson prohibits claims made by a union member against attorneys employed by or retained by the union to represent the member in a labor dispute); Waterman v. Transport Workers’ Union Local 100, 176 F.3d 150, 150 (2d Cir. 1999) (per curiam) (“[U]nder Atkinson a union’s attorneys may not be sued by an individual union member for actions taken pursuant to a collective bargaining agreement.”); Arnold, 100 F.3d at 862 (“[A]n attorney who performs services for and on behalf of a union may not be held liable in malpractice to individual…
discussed Cited as authority (rule) Zander v. Carlson
Ill. · 2020 · confidence medium
Carino v. Stefan, 376 F.3d 156, 160 (3d Cir. 2004) (Atkinson prohibits claims made by a union member against attorneys employed by or retained by the union to represent the member in a labor dispute); Waterman v. Transport Workers’ Union Local 100, 176 F.3d 150, 150 (2d Cir. 1999) (per curiam) (“[U]nder Atkinson a union’s attorneys may not be sued by an individual union member for actions taken pursuant to a collective bargaining agreement.”); Arnold, 100 F.3d at 862 (“[A]n attorney who performs services for and on behalf of a union may not be held liable in malpractice to individual…
discussed Cited "see" Gisela Carino v. Marc Stefan, Esq Butsavage & Associates, LLC
3rd Cir. · 2004 · signal: see · confidence high
See Waterman v. Transport Workers’ Union Local 100, 176 F.3d 150 (2d Cir.1999); (“[U]nder Atkinson, a union’s attorneys may not be sued by an individual union member for actions taken pursuant to a collective bargaining agreement.”); Arnold v. Air Midwest, Inc., 100 F.3d 857, 862 (10th Cir. 1996) (“[A]n attorney who performs services for and on behalf of a union may not be held liable in malpractice to individual grievants where the services performed constitute a part of the collective bargaining process.”); Breda v. Scott, 1 F.3d 908, 909 (9th Cir.1993) (holding that employees ca…
discussed Cited "see" Carino v. Stefan
3rd Cir. · 2004 · signal: see · confidence high
See Waterman Appeals rejected the athlete’s contention v. Transport Workers’ Union Local 100, that an exception to the Atkinson rule 176 F.3d 150 (2d Cir. 1999); (“[U]nder should be fashioned for attorneys Atkinson, a union’s attorneys may not be employed by or retained by the union. sued by an individual union member for Peterson, 771 F.2d at 1257.
Retrieving the full opinion text from the archive…
Andre WATERMAN, Plaintiff-Appellant,
v.
TRANSPORT WORKERS’ UNION LOCAL 100, Malcolm Goldstein and O’Donnel, Schwartz, Glanstein & Rosen, Defendants-Appellees
Docket 98-7986.
Court of Appeals for the Second Circuit.
May 28, 1999.
176 F.3d 150
Regina Felton, Felton & Associates, Brooklyn, N.Y., for Plaintiff-Appellant., Diane K. Kanca, McDonough Marcus Cohn Tretter Heller & Kanca, L.L.P., New York, N.Y., for Defendants-Appellees, Malcolm Goldstein and O’Donnell Schwartz Glanstein & Rosen., Malcolm Goldstein, O’Donnell Schwartz Glanstein & Rosen, New York, N.Y., for Defendant-Appellee, Transport Workers’ Union Local 100.
Feinberg, McLaughlin, Leval.
Cited by 9 opinions  |  Published
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.