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

Case No. MISSING
Regular Panel Decision

People v. McLaughlin

The People moved to disqualify the Legal Aid Society from representing the defendant, Mr. McLaughlin, on the grounds that the Society had previously represented a key prosecution witness, Mr. Luis Elicier. The defense argued against the motion, citing timeliness and claiming no actual conflict of interest. The court, presided over by Justice Carol Berkman, found an actual conflict due to the Society's prior representation of Elicier and their stated intent to implicate him in the current crimes. Despite the defendant's desire to retain his chosen counsel and the Society's proposed 'Chinese Wall' defense, the court ruled that the conflict of interest was undeniable and ordered the disqualification of the Legal Aid Society. The decision emphasized the importance of maintaining the integrity of the justice system and protecting the former client's confidences, overriding the defendant's Sixth Amendment right to counsel of choice in this instance.

Attorney disqualificationConflict of interest (legal)Sixth Amendment right to counselAttorney-client privilegeEthical violationsCriminal defenseProsecution witnessFormer client representationJudicial ethicsNew York courts
References
13
Case No. ADJ8596014
Regular
Nov 07, 2018

DION GEORGE vs. KJI PLUMBING, INC., ZURICH AMERICAN INSURANCE COMPANY

This case involves a $\$ 750$ sanction imposed by a WCJ against defense counsel and KJI Plumbing for defense counsel's failure to appear at a hearing. The Appeals Board granted reconsideration, finding the failure to appear was due to defense counsel's negligence, not willful misconduct. Consequently, the Board reduced the sanction to $\$ 250$ and removed KJI Plumbing as a liable party, solely sanctioning defense counsel and his law office. The Board cautioned that future failures to appear could establish a pattern justifying larger sanctions.

Petition for ReconsiderationOrder Imposing SanctionsWCJDefense CounselJointly and SeverallyUninsured Employers Benefits Trust FundMandatory Settlement ConferenceDeclaration of ReadinessLabor Code § 5813WCAB Rule 10561
References
0
Case No. MISSING
Regular Panel Decision

LeFever v. Stultz

Plaintiff Kleon M. LeFever and defendant Ralph Stultz, both assistant general counsel at North American Philips Corporation, were involved in an incident in 1977. Stultz, intoxicated, lost balance and fell, dragging LeFever, who severely injured his right eye. LeFever received workers' compensation benefits. Subsequently, LeFever sued Stultz, whose answer included a Workers' Compensation Law defense. Special Term initially granted LeFever's motion to strike this defense. The appellate court found that Special Term erred, concluding there is a triable issue of fact regarding whether Stultz was acting in the course of his employment, despite his intoxication. Therefore, Stultz's Workers' Compensation Law defense is reinstated, and the plaintiffs' motion to strike is denied.

Workers' Compensation Law DefenseFellow Employee InjuryIntoxication at WorkCourse of EmploymentTriable Issue of FactMotion to Strike DefenseAppellate ReviewPersonal InjuryEmployer PremisesAccident at Work
References
1
Case No. MISSING
Regular Panel Decision

Director of the Assigned Counsel Plan v. Townsend

This case involves an appeal by the Director of the Assigned Counsel Plan from orders of the Supreme Court, New York County. The Director's applications sought to reduce vouchers for compensation for services other than counsel in multiple criminal cases. The Supreme Court denied these applications and, upon reconsideration, adhered to its decisions directing the processing of the vouchers. The Appellate Division unanimously affirmed these orders, finding no basis to disturb the lower court's determinations of "reasonable compensation" and "extraordinary circumstances" under County Law § 722-c. The court further ruled that such determinations are not reviewable by the Appellate Division, emphasizing that fiscal concerns regarding compensation should be addressed through administrative review processes.

Assigned Counsel PlanVoucher CompensationCriminal Defense ServicesAttorney CompensationSocial Worker CompensationCounty Law 722-cExtraordinary CircumstancesAppellate ReviewJudicial DiscretionAdministrative Review
References
4
Case No. MISSING
Regular Panel Decision

The People v. Howard S. Wright

This dissenting opinion argues against the majority's decision to reverse a conviction and order a new trial, which was based on the finding that the defendant was deprived of effective assistance of counsel. The dissent contends that the defense counsel provided meaningful representation when viewed in totality, despite not objecting to certain prosecutorial statements during summation. The opinion highlights the defense counsel's effective cross-examination of the DNA expert, who conceded limitations in the YSTR DNA evidence, and the jury's acquittals on rape and felony murder charges. The dissent further argues that the prosecutor did not misrepresent the DNA evidence, but rather presented it as one piece of a larger circumstantial case, urging the jury to consider all evidence. It differentiates this case from instances of clear ineffective assistance of counsel, asserting that the alleged single error by defense counsel during summation does not warrant a reversal.

Effective Assistance of CounselIneffective Assistance of CounselProsecutorial MisconductSummationDNA EvidenceYSTR TestingForensic DNACriminal AppealDissenting OpinionMurder Conviction
References
7
Case No. 5615/89; 2643/91
Regular Panel Decision

In re the Director of the Assigned Counsel Plan

The court denies the Director of the Assigned Counsel Plan of the City of New York's request for further reconsideration of 'reasonable compensation' awarded to expert witness Hillel Bodek in People v Toe and People v Hoe. Judge Goodman reaffirmed the original compensation, emphasizing that judicial determinations of expert fees under County Law § 722-c are not subject to administrative review by the Director. The court rejected arguments regarding excessive compensation, lack of specificity in orders, and the expert's qualifications, highlighting the confidentiality of reports and the judge's sole authority in such matters. The opinion clarified the roles of judges and administrators in the assigned counsel plan. The Director was ordered, under penalty of contempt, to process the payment of $5,200 and $200 for Bodek's services.

Expert Witness CompensationCounty Law § 722-cJudicial DiscretionAdministrative ReviewForensic Social WorkMental Health EvaluationConfidentiality of ReportsProfessional QualificationsExtraordinary CircumstancesContempt Order
References
11
Case No. ADJ1620559 (ANA 0373462)
Regular
Apr 26, 2011

Wayne Johnson vs. Tennant Company, Sentry Claims Service

The Workers' Compensation Appeals Board (WCAB) is ordering applicant's counsel, defense counsel, and the Workers' Compensation Judge (WCJ) to provide sworn declarations regarding an alleged ex parte communication. This communication apparently led the WCJ to vacate a prior submission order, citing the applicant's upcoming surgery and a utilization review denial resolution. The defendant seeks removal, claiming the WCJ improperly obtained this information. The WCAB is also ordering all future correspondence be directed to the Commissioners.

Petition for RemovalOrder Vacating SubmissionDecision after ReconsiderationFindings and AwardIndustrial InjurySpineRight Lower ExtremityPsycheTemporary DisabilityPermanent Disability
References
0
Case No. MISSING
Regular Panel Decision

People v. Ford

The defendant appealed a judgment from the Supreme Court, Kings County, convicting him of robbery in the first degree, and an order denying his motion to vacate the said judgment. The appeals court affirmed the order and judgment. Justice Suozzi dissented, arguing that the defendant was denied effective assistance of counsel because his attorney withdrew a crucial alibi defense, despite available witnesses and evidence. The dissent highlighted the trial justice's dissatisfaction with defense counsel's performance and argued that the lower court erred in denying the motion to vacate without a hearing, asserting that the counsel's representation was totally ineffective, rendering the defense meaningless.

Criminal Procedure LawIneffective assistance of counselAlibi defenseRobbery convictionMotion to vacate judgmentAppellate reviewTrial strategyDissenting opinionLegal Aid SocietyCriminal appeal
References
3
Case No. MISSING
Regular Panel Decision

Oi Tai Chan v. Society of Shaolin Temple, Inc.

In this vigorously contested action alleging fraud and breach of contract, the court addressed several motions. Defendant Shi's motion for summary judgment was denied due to unresolved factual disputes regarding the nature of significant monetary transfers from the plaintiff to a religious organization. The court granted the plaintiff's cross-motion to resume defendant Shi's deposition, sanctioning defense counsel Kenneth Jiang for repeatedly instructing his client not to answer questions in defiance of prior court directives. Additionally, the court denied Shi's cross-motion to disqualify plaintiff's counsel, citing a lack of necessary testimony, cumulative evidence, and the motion's untimely and potentially retaliatory nature. A special referee was appointed to supervise remaining discovery and settlement efforts.

Fraudulent InducementBreach of ContractDiscovery DisputeSummary Judgment MotionDeposition ObstructionAttorney SanctionsCounsel DisqualificationRules of Professional ConductAudio Recording AdmissibilityQueens County Court
References
68
Case No. 12-CV-7527 (JMF)
Regular Panel Decision

United States v. Wells Fargo Bank, N.A.

This civil fraud case, brought by the United States against Wells Fargo Bank, N.A. and Kurt Lofrano, addresses a novel issue in the Second Circuit: whether an employee can assert an advice-of-counsel defense by disclosing privileged communications when the employer holds the privilege and refuses to waive it. Defendant Kurt Lofrano sought to use advice from Wells Fargo's counsel as a complete defense against claims under the False Claims Act and FIRREA. Wells Fargo, however, moved for a protective order to prevent the disclosure of its attorney-client privileged communications. The Court, citing Supreme Court precedent in Swidler & Berlin, concluded that a balancing test between the importance of evidence and the attorney-client privilege is not applicable in civil cases. Consequently, the Court granted Wells Fargo's motion for a protective order, precluding Lofrano from asserting the advice-of-counsel defense using the Bank's privileged information.

Attorney-Client PrivilegeAdvice of Counsel DefenseCorporate PrivilegeEmployee Privilege WaiverProtective OrderCivil FraudFalse Claims ActFIRREAImplied WaiverEvidentiary Rules
References
28
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