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Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. 2020 NY Slip Op 04524 [186 AD3d 23]
Regular Panel Decision
Aug 13, 2020

Matter of Doris

The Attorney Grievance Committee (AGC) initiated a disciplinary proceeding against attorney Lawrence A. Doris following client complaints of professional misconduct, including failure to file a personal injury case and lack of communication. Despite numerous attempts by the AGC through letters, emails, and a judicial subpoena, Mr. Doris failed to respond to the allegations or appear for a deposition. The AGC subsequently moved for his immediate suspension from the practice of law due to his willful noncompliance and failure to cooperate with their investigation. The Appellate Division, First Department, granted the AGC's motion, finding that Mr. Doris's conduct warranted immediate suspension. This decision underscores the importance of attorney cooperation in disciplinary matters and protection of the public interest.

Attorney disciplineProfessional misconductNoncooperation with investigationImmediate suspensionGrievance CommitteeClient complaintFailure to communicateJudicial subpoenaPublic interest threatAppellate Division
References
6
Case No. 03-23-00316-CV
Regular Panel Decision
Apr 16, 2025

City of Killeen, Texas and Ground Game Texas v. Bell County, Texas; The 27th Judicial District Attorney's Office; And the Bell County Attorney's Office

The City of Killeen, Texas, and Ground Game Texas appealed the trial court's denial of their pleas to the jurisdiction. The underlying lawsuit, filed by Bell County, the 27th Judicial District Attorney’s Office, and the Bell County Attorney’s Office, challenged the constitutionality and validity of a Killeen ordinance decriminalizing misdemeanor marijuana possession. Appellants argued that the appellees lacked standing and that governmental immunity barred the suit. The appellate court affirmed the trial court's order, concluding that the District Attorney’s Office had standing due to the ordinance's interference with its prosecutorial discretion and duties. It also found that governmental immunity was waived for challenges to an ordinance's validity and for concurrent claims for injunctive relief under the Uniform Declaratory Judgments Act.

Decriminalization OrdinanceMarijuana PossessionPlea to the JurisdictionGovernmental ImmunityStandingProsecutorial DiscretionUniform Declaratory Judgments ActTexas Local Government CodeTexas Health & Safety CodeTexas Code of Criminal Procedure
References
29
Case No. 2022 NY Slip Op 04223 [208 AD3d 77]
Regular Panel Decision
Jun 30, 2022

Matter of Faillace

This case concerns reciprocal discipline against attorney Michael Faillace, who was admitted to practice law in the First Judicial Department in 1984. The Attorney Grievance Committee for the First Judicial Department sought a two-year suspension for Faillace, based on discipline imposed by the United States District Court for the Southern District of New York. Faillace was charged with serious professional misconduct, including underpaying clients' monies in violation of court orders, making misrepresentations during an investigation, and refusing to honor clients' decisions to settle claims. These actions violated several Rules of Professional Conduct. Faillace admitted to all charges and consented to a two-year suspension, which was implemented by the Southern District Court in November 2021. The Appellate Division, First Department, granted the Committee's motion, imposing a two-year reciprocal suspension effective August 1, 2022, emphasizing the significant weight given to sanctions imposed by the initial jurisdiction and the consistency with prior disciplinary actions for similar misconduct.

Attorney misconductProfessional ethics violationLawyer suspensionReciprocal disciplineClient funds misappropriationMisrepresentation to tribunalFailure to abide by client settlement decisionAttorney Grievance CommitteeAppellate DivisionSouthern District of New York
References
7
Case No. 13-10-00016-CV, 13-10-00023-CV, 13-10-00059-CV
Regular Panel Decision

Cascos v. Cameron County Attorney

This case consolidates three interlocutory appeals primarily involving a dispute between the Cameron County Commissioners Court and the Cameron County Attorney. Appellants, comprising county officials and attorneys, challenged trial court orders that granted a temporary restraining order and a temporary injunction against them, favoring the County Attorney, and denied their plea to the jurisdiction. The appellate court conditionally granted the appellants' petition for writ of mandamus, ensuring their right to supersede the temporary injunction during appeal. While dismissing an appeal regarding the temporary restraining orders as moot, the court ultimately dissolved the temporary injunction and reversed the trial court's judgment. The court concluded that the Commissioners Court possesses implied powers to manage county business and employ legal counsel, and the County Attorney does not hold an exclusive right to represent the county in all civil matters, thereby finding the trial court abused its discretion in issuing the injunction.

Interlocutory AppealMandamusTemporary InjunctionGovernmental Entity DisputeCounty Attorney DutiesCommissioners Court AuthorityDeclaratory JudgmentStatutory InterpretationRes JudicataMootness Doctrine
References
106
Case No. 2023 NY Slip Op 03883 [218 AD3d 24]
Regular Panel Decision
Jul 20, 2023

Matter of Ellenberg

Robert L. Ellenberg, an attorney, was charged with professional misconduct by the Attorney Grievance Committee, including improper notarization, unauthorized signing and submission of settlement documents, neglect, and failure to communicate with a client. The parties reached a joint agreement for a two-month suspension, which the Appellate Division, First Department, granted. The court considered Ellenberg's conditional admissions, prior admonition, and substantial experience as aggravating factors, balanced by mitigating factors such as cooperation, remorse, absence of selfish motive, and his long, generally unblemished career, concluding that a two-month suspension was appropriate for his two acts of deception.

Attorney Disciplinary ActionProfessional MisconductNotarization IrregularitiesUnauthorized Document SubmissionClient Communication FailureNeglect of Legal MatterForged SignaturesTwo-Month SuspensionAppellate Division DecisionMitigation Factors
References
9
Case No. 03-12-00309-CV
Regular Panel Decision
Aug 08, 2013

Larry F. York// Texas Guaranteed Student Loan Corporation and Greg Abbott, Attorney General for the State of Texas v. Texas Guaranteed Student Loan Corporation And Greg Abbott, Attorney General for the State of Texas// Cross- Larry F. York

This case involves Larry F. York's challenge to an Attorney General's open-records ruling concerning the Texas Guaranteed Student Loan Corporation (TGSL). York sought disclosure of various TGSL records, including board meeting minutes, a Strategic Plan, President's Reports, EAS-related documents, and a VFA application. The district court ordered disclosure of the actual minutes and EAS records but allowed TGSL to withhold attachments, the Strategic Plan, President's Reports, and pricing information from the VFA application. The Court of Appeals largely sided with York, affirming the disclosure of minutes and EAS records and reversing to order disclosure of the Strategic Plan, President's Reports, and other minute attachments. However, it affirmed the withholding of VFA pricing information and the denial of attorney's fees to York.

Open Meetings ActPublic Information ActGovernment TransparencyStudent LoansGovernmental RecordsCompetitive HarmDeclaratory JudgmentAttorney's FeesStatutory ConstructionAppellate Review
References
62
Case No. 2018 NY Slip Op 03795 [161 AD3d 1478]
Regular Panel Decision
May 24, 2018

Matter of Attorneys In Violation of Judiciary Law § 468-a. (Ettelson)

Julie Ann Ettelson, now known as Julie A. Laczkowski, was suspended from practicing law in 2009 due to noncompliance with attorney registration requirements under Judiciary Law § 468-a. She filed a motion for reinstatement in April 2018, which was reviewed by the Attorney Grievance Committee. The Committee provided findings and deferred to the Court's discretion. The Appellate Division, Third Department, found that the respondent met all requirements for reinstatement, including completing the Multistate Professional Responsibility Examination, maintaining current registration, and demonstrating good character and fitness. The Court also determined that her reinstatement would serve the public interest. Consequently, the Court granted her motion and reinstated her as an attorney.

Attorney ReinstatementProfessional MisconductJudiciary LawAttorney Grievance CommitteeAppellate DivisionAttorney RegistrationDisciplinary ProceedingsLegal EthicsSuspension of AttorneyCharacter and Fitness
References
11
Case No. 2024 NY Slip Op 00274 [223 AD3d 105]
Regular Panel Decision
Jan 23, 2024

Matter of Lilly

Respondent, an attorney, faced a disciplinary proceeding initiated by the Attorney Grievance Committee for falsely certifying compliance with continuing legal education (CLE) requirements in two attorney registration renewals. The misconduct occurred on September 6, 2019, and October 22, 2021. Despite initially making false certifications, he subsequently completed the required CLEs retroactively. Both parties jointly moved for discipline by consent, stipulating to aggravating factors such as repeated false certifications while under investigation and self-interest, alongside mitigating factors like remorse, full cooperation, absence of client misconduct, a long untarnished career, and pro bono work. The court granted the joint motion, imposing a two-month suspension from the practice of law, effective February 22, 2024, citing relevant precedents for similar sanctions.

Attorney MisconductCLE RequirementsFalse CertificationAttorney RegistrationProfessional Conduct RulesDisciplinary ProceedingTwo-Month SuspensionMitigationAggravating FactorsAppellate Division
References
2
Case No. MISSING
Regular Panel Decision

Attorney General of the State v. Johnson

The Attorney General appealed a judgment awarding Johnson attorney's fees and court costs after a trial court found the Attorney General's fraud claim against Johnson, regarding worker's compensation benefits, to be frivolous. The Attorney General argued that article 8307, section 9a exempted his agency from liability under Chapter 105, that the trial court applied an incorrect legal standard, and that Johnson's motion for fees did not comply with section 105.003. The appellate court affirmed the trial court's judgment, ruling that Chapter 105 is applicable to the Attorney General, that the claim lacked arguable basis as Johnson's form did not inquire about other employment and continuous work during benefits was not wrongful, and that Johnson's motion was timely and procedurally compliant.

Attorney's FeesFrivolous ClaimsWorker's Compensation FraudAppellate ReviewAbuse of DiscretionStatutory InterpretationFraudulent ConcealmentTrial Court Judgment AffirmedLitigation ExpensesState Agency Liability
References
5
Case No. 2022 NY Slip Op 03790
Regular Panel Decision
Jun 09, 2022

Matter of Hamling

Jerry Ray Hamling, an attorney admitted in New York in 2015, pleaded guilty in June 2020 to falsifying business records in the second degree, a class A misdemeanor. This conviction stemmed from his actions directing his payroll processing company, Affinity Human Resources, LLC, to treat one of a construction client's companies as separate, leading to knowing omissions in payroll records. The Attorney Grievance Committee for the Third Judicial Department moved to impose discipline, citing the conviction as a "serious crime." The Court concurred, finding the conviction, which included intent to defraud, qualified as a serious crime under Judiciary Law § 90 (4) (d). Weighing mitigating factors like a clean disciplinary record against aggravating factors such as illegal conduct despite substantial legal experience, the Court ordered a one-year suspension from the practice of law to safeguard the public and uphold professional integrity.

Attorney MisconductFalsifying Business RecordsSerious CrimeProfessional DisciplineSuspension of AttorneyPayroll FraudIntent to DefraudAppellate DivisionJudiciary Law 90Disciplinary Proceedings
References
5
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