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Case Law Database

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

Case No. MISSING
Regular Panel Decision
Jul 13, 2000

Bordeau v. Village of Deposit

Plaintiffs Brian K. Bordeau, Francis Laundry Jr., and Jeffrey S. Laundry initiated a civil rights action under 42 U.S.C. § 1983, alleging violations of their First, Fourth, Fifth, and Fourteenth Amendment rights, as well as New York State common law claims, against the Village of Deposit, its Police Chief Jon Bowie, and Village Justice Peter McDade. The lawsuit arose from an incident in May 1997 involving alleged unlawful arrest, excessive force, and malicious prosecution. Defendants moved for summary judgment on several causes of action. The court denied summary judgment for claims of false arrest, false imprisonment, malicious prosecution against Chief Bowie, and a state law assault and battery claim against Justice McDade. However, it granted summary judgment dismissing claims against the Village related to an alleged pattern of unconstitutional conduct and claims against Justice McDade based on judicial immunity. Additionally, all claims against the New York State Troopers, the Village Police Department, and punitive damages against the Village were dismissed. The case will proceed to trial on the remaining federal and state law claims.

Civil RightsSection 1983False ArrestFalse ImprisonmentMalicious ProsecutionMunicipal LiabilityJudicial ImmunityExcessive ForceSummary JudgmentConstitutional Law
References
36
Case No. ADJ4189754 (ANA 0349061)
Regular
Mar 09, 2010

MICHAEL JACOBUS vs. AMERISERVE; CIGA, by its servicing facility, INTERCARE, for RELIANCE INSURANCE, in liquidation

In this case, the defendant sought removal to allow the deposition of a psychiatric AME and to forward applicant's deposition transcript to AMEs, arguing substantial prejudice. The Appeals Board granted removal, allowing the deposition transcript of Dr. Feldman to be offered into evidence. However, the Board deferred the issue of further supplemental reports from the AMEs to the trial judge. The matter was returned to the trial level to be set for trial and for further proceedings.

Removal petitionAgreed Medical Evaluator (AME)Donald Feldman M.D.Charles Rudner M.D.Deposition transcriptIndustrial injuryTruck driverLoader-unloaderLeft kneePsyche
References
1
Case No. MISSING
Regular Panel Decision
Nov 29, 2005

Federal Deposit Insurance v. Hurwitz

This case involves the Federal Deposit Insurance Corporation (FDIC) being sanctioned for egregious misconduct in its decade-long pursuit of Charles Hurwitz. The court found that the FDIC's litigation was driven by political motives, specifically a "debt-for-nature" swap scheme to acquire redwood forests from Hurwitz's company, Pacific Lumber. Despite internal and external legal advice indicating the claims lacked merit and were time-barred, the FDIC persisted, engaged in discovery abuse, misrepresented facts, and lied to the court. The administrative judge ultimately rejected all OTS claims against Hurwitz. The court ordered the FDIC to pay Maxxam, Hurwitz's indemnitor, $72,255,147.51 in sanctions for its abusive and unlawful conduct, aiming to compensate the victim and deter future institutional malfeasance.

Government SanctionsJudicial MisconductFDIC Abuse of PowerOTS Administrative ProceedingsCharles Hurwitz LitigationHeadwaters Forest ControversyPolitical ExtortionDiscovery ViolationsRule 11 ViolationsUnconstitutional Agency Actions
References
47
Case No. MISSING
Regular Panel Decision

Nadler v. Federal Deposit Insurance

Congressman Jerrold Nadler, the Tribeca Community Association, and the 67 Vestry Street Tenants Association sued the Federal Deposit Insurance Corporation (FDIC) under the Freedom of Information Act (FOIA) to compel the disclosure of a redacted joint venture agreement. The FDIC, acting as receiver for the failed American Savings Bank (ASB), withheld information related to ASB's subsidiary, Amore Holdings, Inc., citing FOIA Exemption Four for trade secrets and confidential commercial or financial information. The court, applying the National Parks test, determined that public disclosure would significantly impair the FDIC’s ability to maximize profits from its receivership assets and cause substantial competitive harm to Amore. Consequently, the court granted the FDIC’s motion for summary judgment, denied the plaintiffs’ cross-motion, and dismissed the complaint.

FOIAExemption FourCommercial InformationConfidentialityFDIC ReceivershipSummary JudgmentGovernment AgencyReal Estate DevelopmentFreedom of Information Act
References
12
Case No. MISSING
Regular Panel Decision

Fidelity & Deposit Co. of Maryland v. Concerned Taxpayers of Lee County, Inc.

This case concerns an appeal by Fidelity and Deposit Company of Maryland (Fidelity) against a summary judgment holding it liable, as a bonding agent, for attorney's fees. These fees were awarded in a prior lawsuit against its principals, the trustees of the Lee County Hospital District. The Concerned Taxpayers of Lee County, Inc. and Mike Cunningham had successfully challenged the hospital district's formation and the trustees' actions, leading to a judgment for attorney's fees which the defunct district could not satisfy. Fidelity argued that the bonds did not explicitly cover attorney's fees and that the trustees had not unfaithfully performed their duties because the district was void from inception. The court affirmed the trial court's decision, holding that Fidelity's bonds broadly covered damages from the trustees' unfaithful performance as de facto officers, which included violations of the Open Meetings Act. However, the court denied Concerned Taxpayers' request for attorney's fees in the current litigation.

Bonding Agent LiabilityAttorney's FeesPublic Official BondsFidelity BondsSummary JudgmentDe Facto OfficersUnfaithful PerformanceOpen Meetings ActHospital DistrictThird-Party Beneficiary
References
16
Case No. 3-90-281-CV
Regular Panel Decision
May 06, 1992

Fidelity and Deposit Company of Maryland v. Concerned Taxpayers of Lee County, Inc. and Mike Cunningham

This case concerns an appeal by Fidelity and Deposit Company of Maryland (Fidelity) against Concerned Taxpayers of Lee County, Inc. and Mike Cunningham regarding Fidelity's liability as a bonding agent for attorney's fees. The dispute originated from an earlier case where a newly formed hospital district in Lee County was deemed unconstitutional, and its trustees were found to have violated the Open Meetings Act, leading to an award of attorney's fees against them. As the hospital district had no assets, Concerned Taxpayers sued Fidelity as the surety on the trustees' public official bonds. The trial court held Fidelity liable for the attorney's fees from the prior case but denied Concerned Taxpayers' request for attorney's fees in the current litigation. The Court of Appeals affirmed the trial court's judgment in all respects, ruling that public official bonds broadly cover damages, including attorney's fees resulting from the unfaithful performance of duties, and that the trustees' Open Meetings Act violations constituted such unfaithful performance. The court also found Concerned Taxpayers to be incidental beneficiaries in the current suit, thus not entitled to attorney's fees.

Public Official BondsSurety LiabilityAttorney's Fees RecoveryDeclaratory Judgment ActOpen Meetings Act ViolationDe Facto Officer DoctrineStatutory ConstructionAppellate ProcedureSummary Judgment AppealHospital District Formation
References
17
Case No. 03-06-00002-CV
Regular Panel Decision
Jul 20, 2007

Texas Court Reporters Certification Board and Michele Henricks, as Director of the Court Reporters Certification Board v. Esquire Deposition Services, L.L.C.

The Texas Court Reporters Certification Board (Board) initiated disciplinary proceedings against Esquire Deposition Services, L.L.C. (Esquire) for alleged violations concerning long-term volume discount arrangements for court reporting services. Esquire subsequently filed suit against the Board and its director, Michele Henricks, challenging the Board's statutory authority to regulate or prohibit such discounts and seeking declaratory and injunctive relief. The district court denied the Board's plea to the jurisdiction, prompting an appeal. The Court of Appeals held that the Board possesses exclusive jurisdiction over disciplinary claims and determined that Esquire's claims, which broadly questioned the Board's general authority over long-term discounts, were not ripe for judicial review as they depended on contingent facts and agency expertise. Consequently, the appellate court reversed the district court's order, dismissing Esquire's suit due to lack of jurisdiction.

Administrative LawJurisdictionPlea to the JurisdictionRipeness DoctrineExclusive JurisdictionStatutory InterpretationDeclaratory Judgment ActCourt Reporters Certification BoardCourt Reporting FirmsLong-term Volume Discounts
References
15
Case No. ADJ9525473
Regular
Sep 11, 2017

MARIA GONZALEZ vs. COTTON GENERATION, INC. doing business as PACIFIC COAST KNITTING, SECURITY NATIONAL INSURANCE COMPANY, PUBLIC SERVICE MUTUAL INSURANCE

Defendant Security National Insurance Company (SNIC) sought removal of this workers' compensation case to the Appeals Board, claiming irreparable harm from an order setting trial without allowing evidence of a key QME deposition transcript. The Appeals Board denied the petition, finding removal to be an extraordinary remedy not warranted here. The QME deposition transcript has since been filed and can be offered at trial, making the prejudice claim moot and reconsideration an adequate remedy. Therefore, the case will proceed to trial as scheduled.

Petition for RemovalMandatory Settlement ConferenceQualified Medical EvaluatorDeposition TranscriptApportionmentIrreparable HarmAdequate RemedyPre-trial Conference StatementDeclaration of ReadinessCumulative Injury
References
2
Case No. ADJ7803842
Regular
May 03, 2016

RAONAL SMITH vs. ST. LOUIS RAMS, GREAT DIVIDE INSURANCE COMPANY

The Workers' Compensation Appeals Board granted reconsideration of the Administrative Law Judge's (ALJ) finding of jurisdiction over the applicant's cumulative industrial injury claim against the St. Louis Rams. The defendant insurer argued California lacked sufficient connection to the injury, citing a previous case. The Board rescinded the ALJ's decision because the record was unclear regarding the evidence considered, particularly a deposition transcript that the ALJ indicated would be reviewed. The case is returned to the trial level for the ALJ to clarify the record, address the deposition transcript and related objections, and rule on the contention that the applicant was hired in California.

Workers' Compensation Appeals BoardSt. Louis RamsGreat Divide Insurance Companycumulative industrial injuryprofessional athleteoffensive linebackersubject matter jurisdictionFederal Insurance Co. v. Workers' Comp. Appeals Bd. (Johnson)Petition for ReconsiderationWCJ's Findings of Fact
References
4
Case No. MISSING
Regular Panel Decision

Gorzynski v. Jetblue Airways Corp.

Plaintiff, a former employee of JetBlue Airways Corporation, initiated an employment discrimination lawsuit citing age and gender discrimination and retaliation. She moved to use an incomplete deposition transcript of Lee Gojmerae, a former co-worker, at trial, a request opposed by the Defendant. The court found that the Defendant had waived objections to the transcript's completeness by failing to promptly file a motion to suppress. Concluding that Ms. Gojmerae's testimony was highly probative and the Defendant had not demonstrated prejudice, the court granted the Plaintiff's motion. This decision allows the use of the incomplete deposition testimony, with potential jury instructions regarding its incompleteness and the possibility for Ms. Gojmerae to testify via contemporaneous transmission.

Employment DiscriminationAge DiscriminationGender DiscriminationRetaliationDeposition TestimonyAdmissibility of EvidenceMotion in LimineFederal Rules of Civil ProcedureWaiver of ObjectionRule of Completeness
References
7
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