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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

In re the Report of the Special Grand Jury

This case involves five appeals challenging the procedures and evidence supporting a Special Grand Jury's reports, which recommended discipline or removal for employees of the Monroe County Department of Social Services. The Grand Jury was empanelled in 1978 to investigate the department's handling of child abuse cases. Although the County Court accepted the reports for filing, it sealed them pending appeal and later affirmed its decision. The appellate court, however, found significant procedural irregularities, including inadequate jury instructions and improper subcommittee formation, and determined that the evidence was insufficient to substantiate the misconduct charges against the appellants. Consequently, the County Court's orders were reversed, and the Grand Jury reports were ordered to be sealed.

Grand Jury ReportChild Abuse InvestigationMonroe County Department of Social ServicesPublic Servants MisconductProcedural IrregularitiesSufficiency of EvidenceGrand Jury InstructionsSealing ReportsCriminal Procedure LawAppellate Review
References
13
Case No. MISSING
Regular Panel Decision
Aug 27, 1973

In Re the May 1972 San Antonio Grand Jury

This case addresses motions filed by George B. Parr, Eunice E. Powell, and Bryan P. Taylor, challenging a court order to transfer grand jury evidence. Previously, indictments against them for tax evasion were dismissed because the San Antonio grand jury allegedly considered offenses committed outside its division. The movants argued that the San Antonio grand jury lacked jurisdiction or authority to investigate offenses not triable in its division, and thus all evidence gathered was illegal. They also contended they deserved notice and a hearing before the transfer. The Court denied these motions, holding that the local plan's restrictions on grand juries were related to venue, not jurisdiction, and did not invalidate the investigative process. Furthermore, the Court affirmed the secrecy of grand jury proceedings and found no prejudice to the movants from the transfer of all relevant evidence.

Grand Jury ProcedureCriminal VenueJury Selection Act of 1968Federal Rules of Criminal ProcedureEvidentiary TransferGrand Jury SecrecyConstitutional RightsTax Evasion InvestigationDivisional AuthorityJudicial Discretion
References
118
Case No. MISSING
Regular Panel Decision

In Re an Application to Quash a Subpoena Duces Tecum in Grand Jury Proceedings

The New York Court of Appeals held that a hospital under Grand Jury investigation for alleged crimes against patients (e.g., "no coding") cannot assert physician-patient or social worker-client privileges, or the patient’s right to privacy, to quash subpoenas for medical records. The court reasoned that these privileges are intended to protect patients, not to shield potential criminals. Additionally, the conditional privilege for material prepared for litigation (CPLR 3101 [d]) does not apply to Grand Jury subpoenas. The decision affirmed the denial of motions to quash subpoenas related to patients Maria M. and Daisy S., emphasizing the broad investigative powers of the Grand Jury.

Grand JurySubpoena Duces TecumPhysician-Patient PrivilegeSocial Worker-Client PrivilegePatient PrivacyMaterial Prepared for LitigationHospital InvestigationMedicaid Fraud ControlCriminal ActivityNo Coding
References
5
Case No. MISSING
Regular Panel Decision

In re United Electrical, Radio & Machine Workers

Judge Edelstein was presented with two orders seeking to show cause why a Grand Jury presentment from October 1952 should not be expunged from court records. The judge declined to sign the orders, asserting that the procedure was not adversarial, as the United States Attorney is not responsible for defending a Grand Jury's presentment. Treating the orders as motions to expunge, Judge Edelstein then denied them without prejudice. He reasoned that granting the motions would require him to exercise appellate jurisdiction over a colleague's actions in the same court, which he refused to do, suggesting renewal of the motions before the original presiding judge.

Grand JuryExpungementJudicial DiscretionAppellate JurisdictionMotions PracticeCourt RecordsPresentmentDistrict Court
References
1
Case No. MISSING
Regular Panel Decision

Thielmann v. MF Global Holdings Ltd. (In re MF Global Holdings Ltd.)

This case involves motions to dismiss an amended class action complaint filed by former employees (Plaintiffs) against James W. Giddens, as SIPA Trustee for MF Global Inc., and Louis J. Freeh, as Chapter 11 Trustee for MF Global Holdings Ltd., MF Global Finance USA, Inc., and MF Global Holdings USA, Inc. The Plaintiffs allege violations of the federal WARN Act and the New York WARN Act due to employment termination without sufficient notice. The Court granted the SIPA Trustee's motion to dismiss with prejudice, finding the "liquidating fiduciary" principle applicable to MFGI as its statutory purpose was liquidation. However, the Chapter 11 Trustee's motion to dismiss was granted without prejudice and with leave to amend, as the factual record did not conclusively establish that the Chapter 11 Debtors were solely liquidating at the time of layoffs, and the complaint was otherwise deficient. Claims for vacation pay and unpaid wages were dismissed without prejudice to be handled in the claims allowance process.

WARN ActNew York WARN ActClass ActionMass LayoffsPlant ClosingsBankruptcy ProceedingsCorporate LiquidationChapter 11 ReorganizationSIPA TrusteeLiquidating Fiduciary Principle
References
26
Case No. MISSING
Regular Panel Decision
Apr 04, 2019

Rasberry ex rel. Situated v. Columbia Cnty.

This order addresses Plaintiffs' Motion in Limine, seeking to exclude various categories of evidence in a case concerning alleged overtime violations under the FLSA. The Court granted several of Plaintiffs' requests, including those related to prior civil lawsuits, bankruptcies, other jailers not part of the suit, other employment, alleged waivers of FLSA rights, attorneys' fees, settlement offers, and general negative impacts of lawsuits. However, the Court denied requests concerning references to past criminal convictions (without prejudice), employment by the Defendant outside the relevant period (without prejudice), disciplinary actions (without prejudice), and the amount of Plaintiffs' salaries. The Court also denied the request regarding the jury's role in mathematically computing damages, stating it would be addressed in jury instructions. The overall decision was granted in part and denied in part.

Motion in LimineEvidence ExclusionOvertime ViolationsFLSAFair Labor Standards ActCredibilityUndue PrejudiceIrrelevant EvidenceJury ConfusionDamages Calculation
References
2
Case No. MISSING
Regular Panel Decision

In re Grand Jury Subpoenas Served on National Broadcasting Co.

The opinion addresses motions by news broadcasters to quash Grand Jury subpoenas demanding unbroadcast videotapes ("out-takes") of a June 30, 1998 protest in Manhattan, where police officers were injured and attackers unidentified. The movants invoked Civil Rights Law § 79-h, the "Shield Law," which provides qualified protection for non-confidential news. The court, presided over by Justice Jeffrey M. Atlas, denied the motions, finding that the prosecution met the statutory burden by demonstrating the out-takes are highly material, relevant, critical, necessary, and not obtainable from any alternative source for the ongoing assault investigation.

Grand JurySubpoenaShield LawJournalist PrivilegeFreedom of the PressUnbroadcast FootageOut-takesCivil Rights LawNon-confidential InformationAssault Investigation
References
11
Case No. MISSING
Regular Panel Decision

Pena v. Automatic Data Processing, Inc.

This case concerns an appeal and cross-appeal regarding a jury's finding that plaintiff Pedro Pena was not a special employee of the defendant, following an accident resulting in personal injuries. The Supreme Court, Suffolk County, had previously set aside the jury verdict and ordered a new trial. On appeal, the higher court reversed the Supreme Court's decision to set aside the jury verdict, thereby upholding the jury's original finding. Additionally, the defendant's cross-appeal for judgment as a matter of law was denied. The court emphasized that determining a special employment relationship is a question of fact for the jury, with several factors to consider. Ultimately, costs were awarded to the plaintiffs, affirming the jury's initial determination.

Special EmploymentWorkers' CompensationJury Verdict ReviewAppellate ProcedurePersonal Injury DamagesEmployer LiabilityVicarious LiabilityQuestion of FactTrial Court ReversalCosts Awarded
References
17
Case No. MISSING
Regular Panel Decision
Aug 16, 1988

In re the Grand Jury Subpoenas Served Upon Doe

The Grand Jury of New York County issued subpoenas duces tecum to the law firm of John Doe, P. C., seeking various records. John Doe, P. C. moved to quash or modify these subpoenas, asserting attorney-client and attorney work product privileges. After an in camera review of 109 files, the court denied the attorney-client privilege claim for two files due to insufficient proof of confidentiality. For the work product privilege, the court applied the crime-fraud exception for specific subpoenaed records, citing an ongoing investigation into corruption in personal injury litigation. The court also narrowly construed the work product privilege. Consequently, the motion was granted for eight specific files found to contain protected attorney work product, while denied for the remaining files. The records not protected by privilege were ordered to be delivered to the District Attorney by August 18, 1988, following service of the decision on August 16, 1988.

attorney-client privilegework product privilegesubpoenas duces tecumGrand Jury investigationcrime-fraud exceptionin camera inspectionlegal ethicsconfidentialityevidence disclosuremotion to quash
References
12
Case No. G-01-CV-670
Regular Panel Decision

Kimmel Ex Rel. Estate of Kimmel v. TEXAS a & M UNIVERSITY

This order addresses multiple lawsuits stemming from the tragic 1999 Texas A&M Bonfire collapse, which resulted in twelve deaths and twenty-seven injuries. Plaintiffs alleged that Texas A&M University and various officials violated 42 U.S.C. § 1983 by depriving victims of substantive due process through deliberate indifference to a state-created danger, and also pursued state law negligence claims. The Court granted summary judgment for the defendants on the federal claims, ruling that the University was shielded by Eleventh Amendment immunity. It further found that the University Officials' actions, while possibly negligent, did not rise to the level of deliberate indifference required for a constitutional violation, dismissing these federal claims with prejudice. Finally, the Court declined to exercise supplemental jurisdiction over the remaining state law negligence claims, dismissing them without prejudice for resolution in state court.

Bonfire collapseTexas A&M University42 U.S.C. 1983Substantive Due ProcessState Created DangerEleventh Amendment ImmunityQualified ImmunitySummary JudgmentFederal Law ClaimsState Law Claims
References
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