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Case Law Database

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

Case No. Dkt. Nos. 817, 822
Regular Panel Decision

United States v. Rutigliano

Defendants Joseph Rutigliano and Peter Lesniewski filed motions for a new trial or, in the alternative, resentencing, based on alleged newly discovered evidence. They were previously convicted for their involvement in a widespread scheme to fraudulently obtain disability benefits from the United States Railroad Retirement Board. The new evidence pertained to the reinstatement of a significant number of disability pensions that the Government had considered fraudulent. The Court denied the defendants' motions for a new trial, finding that the Government had presented overwhelming evidence of their guilt. However, the Court ordered a hearing to address the defendants' sentences, specifically regarding the calculation of loss suffered by the Long Island Railroad, in light of the newly discovered evidence.

Criminal ProcedureNew Trial MotionResentencing MotionNewly Discovered EvidenceFraudDisability Benefits FraudRailroad Retirement Board (RRB)Mail FraudWire FraudHealth Care Fraud
References
4
Case No. MISSING
Regular Panel Decision

Majid v. Fielitz

Abdul Majid, an inmate at Green Haven Correctional Facility, initiated this 42 U.S.C. § 1983 action against correctional officers Ralph Fielitz and Robert Acken, alleging assault during his transfer and subsequent fraudulent concealment of evidence. Defendants moved in limine to exclude evidence related to the fraudulent concealment claims, contending its irrelevance to disputed facts and its prejudicial effect. The court, presided over by District Judge Sweet, denied the motion. The decision states that the evidence is relevant to the issue of equitable tolling of the statute of limitations regarding Acken's identity, which is an issue for the court to resolve, not a jury. A subsequent Rule 403 determination will be made if equitable tolling is found.

Inmate RightsPrison AssaultFraudulent ConcealmentEquitable TollingStatute of Limitations42 U.S.C. 1983Correctional FacilityVideo EvidenceMotion in LimineFederal Procedure
References
18
Case No. MISSING
Regular Panel Decision

McAllister v. Renu Industrial Tire Corp.

The plaintiff, injured by a split-rim tire assembly during employment, sued his employer (the defendant) for 'fraudulent and intentional' impairment of his right to sue the manufacturer, alleging destruction of evidence. The defendant's president had assured the plaintiff of workers' compensation coverage, and the assembly was discarded later. Both parties testified there was no agreement to preserve the assembly. The Supreme Court granted summary judgment to the defendant, stating employers lack a duty to preserve such instrumentalities without prior agreement. The appellate court affirmed, finding no duty as the assembly was innocently discarded before notice of a potential lawsuit.

Destruction of EvidenceSpoliation of EvidenceSummary JudgmentEmployer LiabilityWorkers' CompensationDuty to PreserveThird-Party LawsuitAppellate ReviewFraudulent ConductTortious Conduct
References
2
Case No. SI 14 Cr. 68(KBF)
Regular Panel Decision
Dec 22, 2014

United States v. Ulbricht

This Opinion & Order addresses motions in limine filed by both the Government and defendant Ross Ulbricht in case SI 14 Cr. 68(KBF). Ulbricht is charged with narcotics trafficking, computer hacking, fraudulent identification documents, and running a continuing criminal enterprise related to the online marketplace Silk Road. The Court denied Ulbricht's motions to preclude evidence concerning Silk Road product listings, murder-for-hire solicitations, and fraudulent identification documents, finding them relevant to the charged offenses and Ulbricht's identity. Conversely, the Court granted Ulbricht's motion to preclude certain miscellaneous exhibits and denied the Government's motion to admit evidence of uncharged contraband, citing irrelevance and undue prejudice. The Government's motions regarding potential consequences of conviction and defendant's political views were denied as moot.

Silk RoadRoss UlbrichtMotions In LimineEvidence AdmissibilityNarcotics TraffickingComputer Hacking ConspiracyFraudulent Identification DocumentsMurder-for-Hire SolicitationRule 404(b) EvidenceRule 403 Balancing
References
58
Case No. ADJ3156337 (FRE 0209931) ADJ4199467 (FRE 0209932)
Regular
Nov 20, 2008

FRANK FLORES vs. NICKEL'S PAYLESS STORES, WAUSAU INSURANCE COMPANIES, EVEREST NATIONAL INSURANCE COMPANY, AMERICAN COMMERCIAL CLAIMS ADMINSITRATORS

The Workers' Compensation Appeals Board granted reconsideration of an award for a 1999 right foot and ankle injury, specifically addressing the defendant's claims of error in permanent disability calculation without apportionment and the exclusion of medical evidence. The Board intends to admit the Agreed Medical Evaluator's reports into evidence, which the WCJ had previously excluded. This decision will allow the Board to review all relevant medical evidence before making a final determination on apportionment and the applicant's claimed injuries.

Workers Compensation Appeals BoardIndustrial InjuryPermanent Partial DisabilityApportionmentAgreed Medical EvaluatorSubstantial Medical EvidenceAdmissibility of EvidencePetition for ReconsiderationAmended Findings Award and OrderMinutes of Hearing
References
0
Case No. ADJ8518632
Regular
May 09, 2017

HORACIO MONTOYA vs. CBC FRAMING, INC., ARCH INSURANCE COMPANY, A B GALLAGHER BASSETT

The WCAB granted the defendant's Petition for Removal regarding a prior WCJ order compelling a Functional Capacity Evaluation. Removal was granted because the WCJ's order was based on a medical report that had not been formally admitted into evidence, preventing meaningful review. The Board will now admit the defendant's medical report into evidence for the limited purpose of determining the Petition for Removal. This action is an extraordinary remedy due to the prejudice caused by relying on unadmitted evidence.

RemovalFunctional Capacity EvaluationIndustrial InjuryPrejudiceIrreparable HarmAdmitted EvidenceQualified Medical EvaluationExhibit AAdministrative Law JudgePetition for Removal
References
4
Case No. MISSING
Regular Panel Decision

People v. Rodriguez

The defendant, indicted for resisting arrest and DWI, filed a motion to prevent the District Attorney from using evidence of his refusal to take a chemical test at trial. The defendant argued that admitting such evidence violates his Fifth Amendment rights against self-incrimination, despite a 1973 amendment to Vehicle and Traffic Law § 1194 that permitted it. The court analyzed precedents, distinguishing between the non-testimonial nature of the test itself and the communicative nature of a refusal. It concluded that a refusal constitutes a communication, thus falling under Fifth Amendment protection. Consequently, the court granted the defendant's motion, ruling that such evidence is inadmissible.

Fifth AmendmentSelf-incriminationChemical Test RefusalDWIAdmissibility of EvidenceConstitutional RightsTestimonial EvidenceImplied Consent LawPreclusion MotionCriminal Procedure
References
19
Case No. MISSING
Regular Panel Decision

People v. Fratt

The defendant, charged with second-degree murder, provided notice of intent to present psychiatric evidence from Dr. Martha Rosen, a defense-retained psychologist, who would testify about dependent personality disorder and 'battered woman's syndrome.' The prosecution subsequently moved for an order compelling Dr. Rosen to prepare a report outlining her findings and evaluations, and for the discovery of her notes. The court granted the prosecution's motion, ruling that the defendant waived psychologist-patient privilege by placing her mental state at issue. The court further held that CPL 250.10, read in conjunction with CPLR 3101(d), requires the defense to provide a detailed notice of psychiatric evidence, including expert qualifications, examination details, relied-upon materials, diagnostic opinions, and the bases for those opinions. The court denied the motion for a pretrial hearing as premature.

Psychiatric EvidenceDiscoveryExpert TestimonyPsychologist-Patient PrivilegeWaiver of PrivilegeCriminal Procedure LawCivil Practice Law and RulesMental StateBattered Woman's SyndromeForensic Evaluation
References
14
Case No. MISSING
Regular Panel Decision
May 18, 2005

Hotel 57 LLC v. Harvard Maintenance, Inc.

In this case, the plaintiff hotel sought over $300,000 for replacing 16 scratched windows, attributing the damage to the defendant's window cleaners. The defendant denied responsibility, suggesting the scratches were preexisting. Crucially, the plaintiff destroyed and replaced the windows without notifying the defendant, sixteen months prior to filing the lawsuit. The Supreme Court initially denied the defendant's motion for summary judgment based on spoliation of evidence. However, the appellate court reversed this decision, emphasizing the plaintiff's intentional destruction of evidence critical to the lawsuit, granted the defendant's motion for summary judgment, and dismissed the complaint.

spoliation of evidencesummary judgmentappellate reviewwindow damageproperty damageintentional destruction of evidencecivil procedureNew York lawconstructionnegligence
References
0
Case No. MISSING
Regular Panel Decision

Sun Trading Distributing Co. v. Evidence Music, Inc.

Plaintiff Sun Trading Distributing Co., doing business as Muse Records and Landmark Records, filed a lawsuit against Evidence Music, Inc. and Kenwood Electronics Corp. alleging unfair competition under Section 43(a) of the Lanham Act and New York State common law. The core of the complaint revolved around the defendants' alleged unauthorized exploitation of sound recordings by jazz artists John Hicks, Edward “Sonny” Stitt, and Antoine Roney. Sun Trading claimed false designation of origin (reverse passing off) for the Stitt recording and false advertising for the Roney recording, leading to consumer confusion. The court granted the defendants' motion for summary judgment on the Lanham Act claims, finding insufficient evidence of actual or likelihood of consumer confusion. Consequently, the court declined to exercise supplemental jurisdiction over the state law claims, dismissing them without prejudice, and denied the plaintiff's cross-motion to amend the complaint.

Lanham ActUnfair CompetitionTrademark InfringementCopyrightSound RecordingsJazz MusicConsumer ConfusionSummary JudgmentSupplemental JurisdictionBreach of Contract
References
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