CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

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

Case No. MISSING
Regular Panel Decision
Mar 02, 2006

People v. Niver

The defendant was convicted of grand larceny in the fourth degree, welfare fraud in the fourth degree, and two counts of offering a false instrument for filing in the first degree, all stemming from her failure to report income while receiving public assistance benefits. On appeal, the defendant challenged the denial of her speedy trial motion, the legal sufficiency of the evidence for her convictions, particularly regarding the value of property wrongfully taken and intent to defraud, and several evidentiary rulings by the County Court. The court found no speedy trial violation, concluding that only 173 days were chargeable to the People. The court also determined that the evidence was legally sufficient to support the convictions, noting witness testimony on overpayment exceeding $1,000 and the defendant's failure to disclose workers' compensation income. The various evidentiary rulings, including those related to the Molineux application and business records, were upheld. Therefore, the judgment was affirmed.

Grand LarcenyWelfare FraudFalse Instrument for FilingSpeedy Trial ViolationLegal Sufficiency of EvidenceIntent to DefraudEvidentiary RulingsMolineux ApplicationBusiness Records ExceptionCriminal Procedure Law
References
14
Case No. MISSING
Regular Panel Decision

People v. Barto

The defendant was convicted after a jury trial in Seneca County Court for insurance fraud in the third degree, falsifying business records in the first degree, defrauding the government, and falsely reporting an incident in the third degree. The charges arose from the defendant, an acting Village Justice, falsely reporting an assault to police, allegedly to obtain prescription pain medication. Medical evidence presented by the prosecution, including the absence of injuries despite extensive testing, contradicted the defendant's account of being strangled and struck. The appellate court unanimously affirmed the judgment, rejecting the defendant's contentions regarding the legal sufficiency and weight of the evidence. The court found that the jury could reasonably conclude the defendant falsely reported the incident and caused a false workers' compensation form to be filed. The appellate court also found no reason to modify the sentence despite improper prosecutorial statements.

Insurance FraudFalsifying Business RecordsDefrauding GovernmentFalse ReportingAssault ClaimMedical EvidenceLegal SufficiencyWeight of EvidenceWorkers' CompensationJury Trial
References
8
Case No. MISSING
Regular Panel Decision

Morse v. Weingarten

This case involves a securities fraud class action where plaintiffs, shareholders of First Capital Holdings Corp., alleged that defendant Michael Milken violated Sections 10(b) and 20(a) of the Securities Exchange Act, Rule 10b-5, and committed common law fraud and negligent misrepresentation. Plaintiffs claimed Milken, through his 'Daisy Chain' scheme, caused First Capital to invest heavily in junk bonds, leading to its collapse and misleading statements about its financial health. Milken moved to dismiss all claims under Fed.R.Civ.P. 12(b) and 9(b) for failure to state a claim and failure to plead fraud with particularity, and to strike portions of the complaint under Rule 12(f). The court granted Milken's motion to dismiss all claims, finding that Morse failed to adequately allege a primary violation of Section 10(b) due to a lack of 'in connection with' and causation, insufficient knowledge for aider and abettor liability, insufficient control for control person liability, and inadequate pleading of conspiracy. The common law fraud and negligent misrepresentation claims were also dismissed for similar reasons, and the court granted the motion to strike references to Milken's criminal conviction and income as immaterial.

Securities FraudClass Action LawsuitMotion to DismissFederal Rules of Civil Procedure 12(b)Federal Rules of Civil Procedure 9(b)Aiding and AbettingControl Person LiabilityConspiracyCommon Law FraudNegligent Misrepresentation
References
26
Case No. MISSING
Regular Panel Decision

United States v. Post

The case involves defendants Constance G. Post and Wayne Charles, convicted of mail fraud, honest services fraud, and conspiracy, who challenged their convictions post-trial following the Supreme Court's Skilling decision. Post, a Mount Vernon city official, engaged in undisclosed self-dealing to benefit Charles through various schemes involving city contracts and HUD funds. The court found that erroneous jury instructions on honest services fraud, which did not limit it to bribes or kickbacks, constituted a Skilling error. Given the intertwined presentation of valid pecuniary fraud and invalid honest services fraud theories, the court could not guarantee the jury's verdict was solely based on a permissible theory. Consequently, the motion to dismiss the mail fraud and conspiracy counts is granted, while Charles's false statements conviction remains due to a lack of prejudicial spillover.

Mail fraudHonest services fraudConspiracyPublic corruptionUndisclosed self-dealingSkilling v. United StatesJury instructionsHarmless error reviewFederal criminal lawPost-conviction motion
References
59
Case No. MISSING
Regular Panel Decision

State of Tennessee v. Dale Keith Larkin

This opinion addresses the appeal of Dale Keith Larkin, who was convicted of first degree premeditated murder and insurance fraud. The court reversed the convictions, finding that the trial court failed to adequately perform its duty as the thirteenth juror and erred by allowing a key expert witness, Dr. Mileusnic, to testify for the State after initially being retained by the defense. The appellate court further concluded that the State presented insufficient evidence to prove premeditation for the murder charge and insufficient proof for the insurance fraud conviction. Consequently, the first degree murder conviction was reversed and remanded for a new trial on second degree murder, and the insurance fraud conviction was reversed and dismissed. The opinion also addressed other issues raised by the defendant regarding jury sequestration and admission of evidence, finding no error in those aspects.

MurderInsurance FraudAppellate ReviewExpert Witness DisqualificationThirteenth Juror RulePremeditationSufficiency of EvidenceAutopsy PhotographsProsecutorial MisconductMedical Testimony
References
93
Case No. MISSING
Regular Panel Decision

United States v. Abdallah

This case concerns Medicare and Medicaid fraud involving an ambulance service, Americare Medical Service, operated by Mazen and Wesam Abdallah, who were accused of submitting fraudulent claims for non-emergency dialysis patient transports lacking medical necessity and violating antikickback provisions. Following a jury trial, Mazen Abdallah was convicted of conspiracy to commit healthcare fraud, while Wesam Abdallah was convicted of conspiracy, four counts of substantive healthcare fraud, and one antikickback statute violation. The defendants sought a judgment of acquittal or a new trial, citing insufficient evidence and prosecutorial misconduct. The court denied all motions, affirming the convictions based on ample circumstantial and direct evidence demonstrating the Abdallahs' knowledge and intent to defraud Medicare.

Medicare FraudMedicaid FraudHealthcare FraudAmbulance ServicesAntikickback ViolationConspiracyFalse ClaimsMedical NecessityJudgment of AcquittalNew Trial
References
140
Case No. ADJ6701886
Regular
Oct 03, 2014

SAM NIJEM vs. WASTE MANAGEMENT COMPANY OF ALAMEDA, ACE AMERICAN INSURANCE COMPANY

This case involves a defendant's petition for reconsideration of a workers' compensation award, arguing the applicant committed fraud and is thus barred from benefits. The Board denied the petition, agreeing with the WCJ's finding that the applicant sustained an industrial injury to his right shoulder. While acknowledging a prior fraud conviction, the Board held, citing *Tensfeldt*, that this conviction does not automatically bar all future benefits but only those directly procured by fraud. The Board also denied disqualification of the WCJ as the petition was untimely filed.

Workers' Compensation Appeals BoardSam NijemWaste Management Company of AlamedaACE American Insurance CompanyGallagher BassettADJ6701886Opinion and Order Denying Petition for ReconsiderationPetition for DisqualificationFindings and Awardindustrial injury
References
2
Case No. MISSING
Regular Panel Decision

New York City Transit Authority v. Eisen

The New York City Transit Authority (NYCTA) sued the Eisen law firm and its associates, along with plaintiffs and witnesses from two personal injury cases (Robbins and Nieves), alleging fraud in procuring a settlement and a jury verdict. NYCTA sought to recover monies paid, citing a Federal criminal conviction of the Eisen firm members for racketeering, including engaging in a pattern of fraudulent activities like fabricating evidence, bribing witnesses, and presenting false testimony. The court found NYCTA's claims timely and held that the defendants were collaterally estopped from denying elements of fraud due to the Federal convictions. The court granted NYCTA summary judgment on its fraud claims for both Robbins and Nieves, ordering rescission of the Robbins settlement and vacating the Nieves judgment, and also granted partial summary judgment on Judiciary Law § 487 claims against the attorney defendants. The case was remanded for further proceedings to determine damages and unjust enrichment against individual defendants.

FraudPerjuryRacketeeringCivil ConspiracyJudiciary Law § 487Collateral EstoppelSummary JudgmentRescissionUnjust EnrichmentPersonal Injury
References
30
Case No. CPL article 440 motion
Regular Panel Decision
Apr 01, 2011

People v. G.M.

Defendant G.M. moved to vacate six convictions—two for prostitution, two for criminal trespass, and two for drug possession—which occurred between September 1997 and January 1998. G.M. contended she was a victim of human trafficking and severe domestic abuse by her husband, D.S., who forced her into illegal activities under threat of violence. The New York State Legislature amended Criminal Procedure Law § 440.10 in August 2010, allowing sex trafficking victims to vacate prostitution-related convictions. The Queens County District Attorney's Office consented to G.M.'s motion for all six convictions, citing her truthful affidavit and the unique circumstances. On April 1, 2011, the court granted the motion, vacating all judgments of conviction and dismissing the accusatory instruments, recognizing G.M.'s status as a trafficking victim, which was also recognized by a federal agency that granted her a 'T Visa'.

Human TraffickingSex TraffickingVacatur of ConvictionsCriminal Procedure Law § 440.10Prostitution OffensesCriminal TrespassDrug PossessionDomestic ViolenceCoercionAbuse
References
14
Case No. MISSING
Regular Panel Decision
Feb 07, 2007

People v. Guardino

The defendant was convicted after a jury trial in New York County of enterprise corruption, combination in restraint of trade, bribe receiving, and grand larceny, and sentenced to 6 to 18 years. The conviction stemmed from the defendant's role as a labor official in the "Local 8 Group," a criminal enterprise involved in labor racketeering, accepting bribes and extortion from roofing contractors for "labor peace." The court affirmed the judgment, upholding the denial of the defendant's Batson challenge, finding the numerical argument insufficient for a prima facie case of discrimination. Additionally, the court properly handled jury deliberations and mistrial requests, ensuring no coercion. The "criminal enterprise" element was supported by ample evidence of long-term criminal activity by union officials, solidifying the defendant's conviction.

Enterprise CorruptionLabor RacketeeringBribe ReceivingGrand LarcenyBatson ChallengeJury DeliberationAllen ChargeCriminal EnterpriseDonnelly ActUnion Officials
References
18
Showing 1-10 of 2,221 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational