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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

Desalvatore v. Washburn

This case concerns a plaintiff attorney's defamation lawsuit against Frederick C. and Joanna L. Washburn, stemming from a letter they sent to the Social Security Administration (SSA) disputing the attorney's fee. The defendants moved to dismiss the complaint, citing lack of jurisdiction due to improper service and absolute privilege for the allegedly defamatory statements made during an administrative fee review. The plaintiff cross-moved to disqualify the defendants' counsel. The court, presided over by Justice Robert F. Julian, determined that the statements made to the SSA were part of a quasi-judicial proceeding and thus absolutely privileged, leading to the dismissal of the defamation complaint. The court also denied the plaintiff's motion for counsel disqualification and the defendants' request for sanctions, noting the novelty of the privilege issue concerning SSA complaints.

DefamationAbsolute PrivilegeJudicial ProceedingsQuasi-Judicial BodySocial Security AdministrationFee DisputeService of ProcessAttorney FeesFrivolous LitigationDisqualification of Counsel
References
15
Case No. ADJ3547384; ADJ1113447
Regular
Jul 07, 2025

JOSE BERRIOS vs. JERRYS FAMOUS DELI, CALIFORNIA INSURANCE COMPANY, INTERCARE HOLDINGS INSURANCE SERVICES, CALIFORNIA INSURANCE GUARANTEE ASSOCIATION, CENTRE INSURANCE

The applicant's current attorney petitioned for reconsideration of a Workers' Compensation Administrative Law Judge's (WCJ) order that awarded the entire $90,000 attorney's fee to the applicant's prior counsel due to the current attorney's failure to file a timely disclosure statement. The Appeals Board found that the current attorney's initial disclosure statement did not comply with Labor Code § 4906(e) and that payment is precluded for services rendered before a compliant form is filed. However, the Board granted the petition for reconsideration to allow further review of the factual and legal issues, noting that the order is not a final decision on the merits and encourages mediation.

Workers' Compensation Appeals BoardPetition for ReconsiderationAttorney's FeesLabor Code § 4906Disclosure StatementCompromise and ReleaseCIGACentre InsuranceWCJReconsideration Granted
References
24
Case No. ADJ10825156
Regular
Jul 28, 2025

RAMON MUNOZ vs. THE EDWARD THOMAS COMPANY, TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA

The Workers' Compensation Appeals Board granted defendant's Petition for Reconsideration to address a clarification regarding attorney's fees. The Board affirmed the WCJ's Findings and Award, which found applicant sustained injury to the right knee and hypertension, denied apportionment for hypertension, and disallowed credit for temporary disability overpayment. The Board specifically found that the defendant failed to meet its burden for hypertension apportionment. The only amendment made was to explicitly state that attorney's fees should be held in trust pending the filing of a fee disclosure statement.

Workers' Compensation Appeals BoardPetition for ReconsiderationFindings and AwardRight Knee InjuryHypertensionApportionmentTemporary Disability OverpaymentAttorney FeesFee Disclosure StatementPanel Qualified Medical Examiner
References
7
Case No. ADJ11757061
Regular
Jun 23, 2025

NATASHA LOEFFLER vs. UCSD MEDICAL CENTER, SEDGWICK CMS

The Workers' Compensation Appeals Board granted Natasha Loeffler's petition for reconsideration of a prior Findings and Award. The Board found the workers' compensation administrative law judge erred by not assessing attorney's fees on temporary disability indemnity and noted issues with the applicant's attorney's fee disclosure statement. Additionally, a clerical error in the applicant's earnings was identified. Consequently, the Board rescinded the original Findings and Award, substituted new findings deferring the attorney's fees issue and correcting the earnings, and returned the case for further proceedings.

Petition for ReconsiderationFindings and AwardAttorney's FeesTemporary Disability IndemnityPermanent DisabilityEarnings CalculationFee Disclosure StatementLabor Code Section 4906(e)WCAB Rule 10842Clerical Error
References
8
Case No. 2022 NY Slip Op 05964 [209 AD3d 596]
Regular Panel Decision
Oct 25, 2022

Pirozzo v. Laight St. Fee Owner LLC

Plaintiff Paul Pirozzo sought summary judgment on his Labor Law § 240 (1) claim against defendants Laight Street Fee Owner LLC, Laight Street Fee Owner II LLC, and Sciame Construction, LLC, which was granted by the Supreme Court. The Appellate Division, First Department, affirmed this decision. The plaintiff established a prima facie case by demonstrating that the scaffold he was working on collapsed without an apparent reason. The defendants' arguments that the plaintiff was the sole proximate cause, either by failing to lock scaffold pins or remaining on the scaffold while it was moved, were deemed unavailing. The court noted that these actions, even if proven, would amount to comparative negligence, which is not a defense to a Labor Law § 240 (1) claim, and there was no evidence of specific instructions to the plaintiff that were disobeyed.

Summary judgmentLabor Law § 240 (1)Scaffold collapseSole proximate causeComparative negligenceWorkers' compensation Form C-2Hearsay objectionPersonal knowledgeRecalcitranceAppellate Division
References
9
Case No. MISSING
Regular Panel Decision

Matter of Kover

Attorneys Burton Citak and Donald L. Citak appealed orders that imposed sanctions and denied legal fees related to an article 81 guardianship proceeding for Eva Dworecki, an alleged incapacitated person. The attorneys were sanctioned for frivolous conduct, including making misrepresentations and false statements in court filings and arguments, and accusing the court of misconduct, despite previously consenting to the guardianship. The appellate decision, in this concurring opinion by Tom, J.P., found ample support for the Supreme Court's finding that the attorneys' conduct warranted sanctions. The matter was remanded for further proceedings to determine the appropriate costs, reduce the award to judgment, and set reasonable legal fees for the Citak firm's representation of Dr. Dworecki prior to the frivolous filings.

SanctionsAttorneysGuardianshipArticle 81Frivolous ConductAppellate ReviewProfessional MisconductLegal FeesCostsCourt Orders
References
0
Case No. MISSING
Regular Panel Decision

People v. Anonymous

This opinion addresses whether a complainant's statement to her insurance company constitutes Rosario material in a criminal mischief trial. Defense counsel argued for disclosure, citing the District Attorney's knowledge of the insurance claim due to restitution demands for the deductible. The court reviewed Rosario jurisprudence, emphasizing that disclosure is limited to statements within the prosecution's actual or constructive possession or control, typically made to law enforcement. It concluded that knowledge of an insurance claim or a statement made to a private entity does not create a Rosario duty for the prosecution to seek out or provide such documents. Therefore, the insurance report was deemed not to be Rosario material.

Rosario RuleDisclosureCriminal Procedure LawProsecutorial DutyInsurance ReportsWitness StatementsCriminal MischiefDiscoveryEvidenceNew York Law
References
19
Case No. 04-MD-1596
Regular Panel Decision
Mar 20, 2006

In Re Zyprexa Products Liability Litigation

This order by Senior District Judge Weinstein addresses legal fee allocation in a coordinated multi-district litigation against Eli Lilly & Company concerning the prescription drug Zyprexa. Following a partial settlement covering approximately 8,000 individual plaintiffs, the court adopted a proposal from special settlement masters regarding fee caps. The court modified the proposed cap, reducing it from 37.5% to 35% for most recoveries, while maintaining a 20% cap for "Track A" settlements. The special masters are granted discretionary authority to adjust fees within a range of 30% to 37.5% based on individual case circumstances, with appeal rights to the court. The decision emphasizes the court's inherent authority to supervise attorney fees, particularly in quasi-class actions and mass litigations, to ensure fairness and prevent excessive charges to clients, drawing parallels to class action rules and state laws limiting contingent fees.

Mass TortMulti-District LitigationFee AllocationContingency FeesAttorney FeesEthical SupervisionSettlementZyprexa LitigationQuasi-Class ActionJudicial Discretion
References
23
Case No. MISSING
Regular Panel Decision

In re Currency Conversion Fee Antitrust Litigation

This Memorandum and Order addresses plaintiffs' motion for reconsideration of a prior decision concerning a class action alleging an antitrust price-fixing conspiracy by VISA, MasterCard, and their member banks related to foreign currency conversion fees. The Court denied the plaintiffs' motion for reconsideration, upholding its earlier finding that network defendants did not waive their right to arbitration because compelling arbitration would have been futile under then-existing law. Additionally, the Court denied reconsideration on several other procedural matters, including the creation of subclasses, membership of specific cardholder subclasses, representation of Diners Club and Providian cardholders, and a request for further discovery, citing the untimeliness of new arguments and the plaintiffs' failure to meet the burden of proof for class certification requirements.

Antitrust LitigationClass Action ProcedureArbitration AgreementsWaiver of ArbitrationEquitable EstoppelForeign Currency Conversion FeesReconsideration MotionSherman ActTruth in Lending ActDeceptive Trade Practices
References
43
Case No. MISSING
Regular Panel Decision

Yeshiva University v. New England Educational Institute, Inc.

In a Lanham Act action, defendants, who prevailed after a jury trial against plaintiff Yeshiva, sought approximately $50,000 in attorney's fees. The application presented a novel question: whether a prevailing defendant is entitled to fees when the plaintiff's liability claims were asserted in good faith but the damage claims were grossly exaggerated. The court first affirmed the applicability of the Lanham Act's attorney fee provision, § 35(a), to actions involving unregistered marks, citing precedent. Despite acknowledging the plaintiff's highly exaggerated damage claims, the court determined that the case, which was close on the merits regarding the initial copying allegations, did not meet the 'exceptional cases' standard required for awarding attorney's fees to a prevailing defendant. Consequently, the defendants' application for attorney's fees was denied.

Lanham ActAttorney's FeesPrevailing DefendantExceptional CasesUnregistered MarkDamage ClaimsExaggerated DamagesGood Faith LitigationJury VerdictNon-profit Dispute
References
7
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