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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

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 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. MISSING
Regular Panel Decision

Application of United Electrical, Radio & M. Workers

This case addresses a motion to expunge a Grand Jury's "presentment" from court records and to remove its members from jury rolls due to alleged misconduct. The petitioners, including the United Electrical, Radio & Machine Workers of America and the American Communications Association, argued the presentment violated grand jury secrecy, exceeded jurisdictional bounds, and infringed upon religious freedoms. The Grand Jury's report, concerning non-Communist affidavits filed by union officials, was widely disseminated and prompted the National Labor Relations Board to take actions against the unions, which were later judicially enjoined. District Judge Weinfeld ruled that the Grand Jury indeed overstepped its authority by issuing a condemnatory report without an indictment and breached secrecy protocols, specifically noting the improper public disclosure of union officials' names. The court also highlighted the inappropriateness of the Grand Jury's inquiries into witnesses' religious beliefs. Consequently, the judge granted the motion to expunge the controversial report but denied the request to strike the jurors' names, acknowledging their belief in acting within their authority.

Grand Jury PowersPresentment ExpungementJudicial ReviewSeparation of PowersFirst Amendment RightsFifth Amendment PrivilegeLabor LawTaft-Hartley ActNon-Communist AffidavitsFreedom of Religion
References
59
Case No. MISSING
Regular Panel Decision

Marathon Oil Co. v. Sterner

James E. Sterner, an independent contractor's employee, was awarded $25,000 for personal injuries sustained on Marathon Oil Company's premises due to gas exposure. Marathon appealed the judgment, arguing a lack of evidence for negligence and improper jury instruction on res ipsa loquitur. The jury found Marathon negligent and its negligence proximately caused Sterner's injuries. The appellate court affirmed the trial court's decision, holding that the jury was entitled to conclude negligence based on the res ipsa loquitur doctrine, as the accident would not ordinarily happen absent negligence and the instrumentality was under Marathon's control. The court found sufficient evidence to support the jury's findings.

Personal InjuryNegligenceRes Ipsa LoquiturAppellate LawJury VerdictProximate CausePremises LiabilityIndependent Contractor LiabilityWorkplace AccidentGas Exposure Injury
References
2
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

United States v. Hunt

The defendant, Howard Hunt, an attorney, was indicted for conspiring to intimidate a prospective witness in a narcotics case. After being found guilty by a jury on January 19, 1967, Hunt filed a motion to quash the jury panel, alleging violations of federal statutory schemes for jury selection due to incorrect standards and inadequate sources for prospective jurors. The Court, presided over by Senior District Judge Graven, held a three-day hearing on the motion. The defendant's challenges primarily focused on alleged discrimination against Mexican-Americans and an imbalance in economic attainment and employment representation within the jury panel, specifically concerning Bexar County. The Court denied the motion, finding no evidence of impermissible selective judgment by suggesters, no significant disparity indicating discrimination against Mexican-Americans (especially when considering eligibility factors like age, citizenship, and English language proficiency), and no purposeful discrimination based on economic status or occupation, given the complexities of jury selection in metropolitan areas and the efforts made to ensure a broad cross-section of the community.

Jury SelectionJury PanelRacial DiscriminationJury QualificationsStatutory ComplianceCross-Section of CommunitySan Antonio DivisionBexar CountyFifth CircuitJudicial Conference
References
8
Case No. 2-03-014-CV
Regular Panel Decision
Dec 04, 2003

Wilbert L. Clewis v. Anthony Hicks, M.D., Jeff Jury, Safeco Insurance Company of America, and Terry Wright

Wilbert L. Clewis sued his employer’s workers’ compensation carrier, Safeco Insurance Company, along with Terry Wright, Dr. Anthony Hicks, and Jeff Jury, alleging unauthorized disclosure of his confidential medical information. The information was released during preparations for an administrative hearing related to Clewis's workers' compensation claim. The trial court granted the appellees' motion for summary judgment and denied Clewis's motion for a new trial, concluding that Texas law did not recognize Clewis's specific invasion of privacy claim against non-doctors under the Medical Practice Act. The appellate court affirmed the trial court's judgment, finding no error in the summary judgment or the denial of the new trial motion.

Workers' CompensationMedical Records ConfidentialityInvasion of PrivacySummary JudgmentAppellate ProcedureTrial Court ErrorMedical Practice ActTexas LawExpert ReviewMotion for New Trial
References
10
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