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

Case No. M2021-01141-SC-R3-BP
Regular Panel Decision
Jun 06, 2022

Board of Professional Responsibility of the Supreme Court of Tennessee v. Candes Vonniest Prewitt

This case involves an appeal to the Supreme Court of Tennessee concerning attorney Candes Vonniest Prewitt's professional misconduct. A hearing panel found Prewitt violated multiple Rules of Professional Conduct, including failures in expert disclosures, conflicts of interest due to a romantic relationship with her client, and improper withdrawal from representation. The Chancery Court affirmed these findings and the imposed sanctions, which included a thirty-day suspension, additional ethics education, and a practice monitor. The Supreme Court of Tennessee subsequently affirmed the decisions of both the hearing panel and the trial court, upholding the findings of misconduct and the disciplinary actions.

Attorney DisciplineProfessional MisconductConflict of InterestRules of Professional ConductAttorney CompetenceDiligenceWithdrawal from RepresentationExpert DisclosureLegal EthicsSanctions
References
33
Case No. 03-08-00288-CV
Regular Panel Decision
Oct 24, 2008

Texas Society of Professional Engineers v. Texas Board of Architectural Examiners and Cathy Hendricks, Executive Director

The Texas Society of Professional Engineers appealed the trial court's partial grant of a plea to the jurisdiction filed by the Texas Board of Architectural Examiners (TBAE) and its Executive Director. The Society sought declaratory and injunctive relief to prevent the TBAE from initiating enforcement proceedings against licensed engineers for alleged violations of the Architecture Practice Act, asserting engineers are exempt and TBAE lacks jurisdiction. The trial court granted the plea in part, ruling it lacked jurisdiction over most claims except those challenging TBAE rules. The Court of Appeals affirmed this order, concluding the Society lacked associational standing to pursue the broad relief requested under the Uniform Declaratory Judgments Act. This was because such claims required a fact-intensive, case-by-case analysis of individual engineers' conduct, not pure issues of law.

JurisdictionAssociational StandingDeclaratory JudgmentInjunctive ReliefPlea to the JurisdictionProfessional LicensingArchitectureEngineeringAdministrative LawRegulatory Authority
References
14
Case No. MISSING
Regular Panel Decision

Hason v. Department of Health

The petitioner, a physician, sought review of a determination by the Administrative Review Board for Professional Medical Conduct (ARB) which suspended his medical license. The ARB's decision was based on a prior California Board finding that the petitioner's ability to practice medicine was impaired by mental illness (bipolar affective disorder and narcissistic personality disorder). The court upheld the ARB's finding of professional misconduct, applying collateral estoppel to the California determination. However, the court found the penalty imposed by the ARB—a one-year suspension "and thereafter until such time as [petitioner] can demonstrate his fitness to practice medicine"—was not authorized by Public Health Law § 230-a. Consequently, the court modified the determination by annulling the penalty and remitted the matter to the ARB for the imposition of a statutorily appropriate penalty.

Medical License SuspensionProfessional MisconductPsychiatric ImpairmentMental IllnessBipolar Affective DisorderNarcissistic Personality DisorderCollateral EstoppelArticle 78 ProceedingAdministrative ReviewPenalty Annulment
References
26
Case No. 2020 NY Slip Op 07712
Regular Panel Decision
Dec 22, 2020

Matter of Schlossberg

Aaron M. Schlossberg, an attorney, was publicly censured by the Appellate Division, First Department, for professional misconduct. The charges stemmed from a May 2018 incident in a Manhattan delicatessen where Schlossberg verbally confronted staff and a patron for speaking Spanish, making offensive remarks and threatening to call Immigration and Customs Enforcement (ICE). He admitted to violating Rules of Professional Conduct rule 8.4 (h) by engaging in conduct that adversely reflects on his fitness as a lawyer. The parties jointly moved for discipline by consent, agreeing to a public censure, which the court imposed. The court also granted Schlossberg's cross-motion to seal audio-visual recordings of the incident due to documented threats against him.

Attorney MisconductPublic CensureVerbal TiradeImmigration ThreatsProfessional EthicsRules of Professional ConductDiscipline by ConsentAppellate DivisionFirst DepartmentSealing Order
References
6
Case No. 01-23-00329-CV
Regular Panel Decision
May 22, 2025

Richard Robins v. Commission for Lawyer Discipline

This appeal concerns an attorney-discipline proceeding in which attorney Richard Andert Robins was disbarred after a jury found him guilty of professional misconduct. The Commission for Lawyer Discipline accused Robins of violating multiple Texas Disciplinary Rules of Professional Conduct, specifically for failing to surrender client files, filing frivolous cases, causing unreasonable delay, withholding facts from the tribunal to assist fraud, and engaging in dishonest conduct. Robins challenged the disbarment on various procedural and evidentiary grounds, including the dismissal of his religious discrimination counterclaim. The Court of Appeals for the First District of Texas affirmed the trial court's judgment, concluding there was sufficient evidence to support the jury's findings of professional misconduct and rejecting Robins's other arguments regarding juror misconduct and constitutional challenges.

Attorney DisciplineProfessional MisconductDisbarmentLegal EthicsFrivolous LitigationClient File RetentionCandor Toward TribunalDishonestyFraudMisrepresentation
References
49
Case No. 2025 NY Slip Op 04174
Regular Panel Decision
Jul 16, 2025

Matter of Black

Attorney Bernard S. Black was disbarred for professional misconduct. Serving as conservator for his sister, who suffers from chronic schizophrenia, Black attempted to divert approximately $1 million from their mother's estate to himself and his children by deliberately withholding information from the Colorado Probate Court. The Colorado courts found he breached his fiduciary duties, engaged in deceptive conduct, and committed civil theft, imposing substantial surcharges and treble damages. The Appellate Division, Second Department, confirmed the Special Referee's findings that Black violated professional conduct rules, including dishonesty, fraud, misrepresentation, making false statements to a tribunal, and engaging in conduct prejudicial to the administration of justice. Despite his claims of good faith and character evidence, the court found disbarment necessary due to the severe nature of his actions against a vulnerable family member.

Attorney MisconductDisciplinary ProceedingsDisbarmentFiduciary Duty BreachConflict of InterestFraud and DeceitFalse Statements to TribunalConservatorshipEstate DiversionCivil Theft
References
2
Case No. MISSING
Regular Panel Decision

Addei v. State Board for Professional Medical Conduct

A surgeon's medical license was revoked by the State Board for Professional Medical Conduct due to findings of moral unfitness from sexual harassment of co-workers and fraudulent practice on employment applications. The petitioner challenged this determination via a CPLR article 78 proceeding. The court upheld the Committee's jurisdiction and the findings of moral unfitness and fraud, dismissing claims of statutory vagueness. However, the court deemed the penalty of license revocation excessively harsh and "shocking to one’s sense of fairness" given mitigating factors, equivocal findings on the fraud charge, and no impact on patient care. Consequently, the court indicated that the severe penalty should not stand.

Professional MisconductLicense RevocationMoral UnfitnessFraudulent PracticeSexual HarassmentEmployment ApplicationsDue ProcessVague StatuteDisproportionate PenaltyCPLR Article 78
References
10
Case No. 13-01-00119-CV
Regular Panel Decision
Jun 06, 2002

McAllen Police Officer's Union and the City of McAllen, Texas v. Ricardo Tamez, Individually and as President of the McAllen Professional Law Enforcement Association, and McAllen Professional Law Enforcement Association

The City of McAllen and the McAllen Police Officers Union (appellants) appealed a district court order compelling an election to determine the exclusive bargaining agent for the city's police officers. The Thirteenth District Court of Appeals in Texas reversed the trial court's decision. The appellate court held that selection by petition is a proper method for designating a bargaining agent and found no evidence of coercion in the petition's circulation. It further concluded that the appellees, Ricardo Tamez and the McAllen Professional Law Enforcement Association, failed to provide 'substantial support' to warrant an election, thus denying their requests for a declaratory judgment and a writ of mandamus.

Collective BargainingPolice UnionLabor LawElectionPetitionSupervisor InfluenceMajority RepresentationTexas Local Government CodeNational Labor Relations ActAppellate Review
References
26
Case No. M2007-01589-COA-R3-CV
Regular Panel Decision
Nov 05, 2008

Anthony Sircy and Anethesiologists Professional Assurance Company v. Jerry Wilson

This case involves an appeal by Anesthesiologists' Professional Assurance Company (APAC), a workers' compensation carrier, challenging a trial court's decision to award one-third of a personal injury settlement as attorney fees to the injured employee's counsel. Anthony Sircy, the employee, suffered injuries in an automobile accident and received workers' compensation benefits. Sircy subsequently settled his personal injury claim against Jerry Wilson, the other driver, for $25,000. APAC, as an intervening plaintiff with a subrogation lien, disputed the apportionment of attorney fees from this settlement. The Court of Appeals affirmed the trial court's ruling, which granted Sircy's counsel $8,333.33 of the settlement as their fee, finding their efforts were solely responsible for securing the recovery and that the trial court's apportionment was proper under Tenn. Code Ann. § 50-6-112(b).

Workers' CompensationAttorney FeesSubrogationApportionment of FeesPersonal InjuryAutomobile AccidentTrial Court ReviewStatutory InterpretationAppellate PracticeUninsured Motorist
References
7
Case No. 2023 NY Slip Op 01193 [214 AD3d 735]
Regular Panel Decision
Mar 08, 2023

Matter of Long Beach Professional Firefighters Assn. v. City of Long Beach

This case concerns a dispute between the Long Beach Professional Firefighters Association (union) and the City of Long Beach regarding the terms of employment for paramedics. The City had unilaterally set these terms, leading the union to file a grievance and subsequently seek arbitration. The arbitrator found that the City violated the collective bargaining agreement. The Supreme Court confirmed the arbitration award, which the City appealed. The Appellate Division affirmed the Supreme Court's order, ruling that the City failed to provide clear and convincing evidence to vacate the arbitration award on grounds of irrationality, manifest disregard of law, arbitrator misconduct, or violation of public policy.

Collective Bargaining AgreementArbitration AwardCPLR Article 75 ProceedingJudicial Review of ArbitrationPublic Policy ExceptionManifest Disregard of LawAppellate ReviewMunicipal EmploymentParamedicsGrievance
References
20
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