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

Case No. ADJ8984860
Regular
Dec 30, 2020

AMADOR ORTIZ GARCIA vs. ISEC, INC., LIBERTY MUTUAL

The Workers' Compensation Appeals Board granted removal of the WCJ's order quashing the deposition of Dr. Mouradian, an Agreed Medical Examiner. The Board found the record insufficient to evaluate the defendant's due process claim regarding the quashed deposition. Consequently, the order quashing the deposition was rescinded, and the case was returned to the WCJ for further proceedings. This decision allows for a proper review of the issues and evidence.

Petition for RemovalAgreed Medical ExaminerWCJDue ProcessQuashed DepositionReport and RecommendationDiscovery ClosureMandatory Settlement ConferenceFindings of FactAdmitted Evidence
References
2
Case No. MISSING
Regular Panel Decision
Jul 13, 2000

Bordeau v. Village of Deposit

Plaintiffs Brian K. Bordeau, Francis Laundry Jr., and Jeffrey S. Laundry initiated a civil rights action under 42 U.S.C. § 1983, alleging violations of their First, Fourth, Fifth, and Fourteenth Amendment rights, as well as New York State common law claims, against the Village of Deposit, its Police Chief Jon Bowie, and Village Justice Peter McDade. The lawsuit arose from an incident in May 1997 involving alleged unlawful arrest, excessive force, and malicious prosecution. Defendants moved for summary judgment on several causes of action. The court denied summary judgment for claims of false arrest, false imprisonment, malicious prosecution against Chief Bowie, and a state law assault and battery claim against Justice McDade. However, it granted summary judgment dismissing claims against the Village related to an alleged pattern of unconstitutional conduct and claims against Justice McDade based on judicial immunity. Additionally, all claims against the New York State Troopers, the Village Police Department, and punitive damages against the Village were dismissed. The case will proceed to trial on the remaining federal and state law claims.

Civil RightsSection 1983False ArrestFalse ImprisonmentMalicious ProsecutionMunicipal LiabilityJudicial ImmunityExcessive ForceSummary JudgmentConstitutional Law
References
36
Case No. ADJ1443437 LAO 0869505 ADJ2073136 LAO 0859208 ADJ2254995 LAO 0869595 ADJ4428071 LAO 0869514 ADJ4561708 LAO 0859207
Regular
Oct 25, 2018

JACQUELINE STELLY vs. VERIZON COMMUNICATIONS, AMERICAN HOME ASSURANCE

The Appeals Board granted the applicant's petition for removal, finding that the WCJ erred in quashing the deposition of Dr. Majcher. The Board determined that the defendant violated a stipulation by seeking a trial date from a different judge without notice. Additionally, the defendant failed to comply with procedural requirements for quashing a deposition notice and the applicant's due process rights necessitate the opportunity to depose Dr. Majcher. Therefore, the WCJ's order was rescinded, and the matter was returned for further proceedings, including the deposition of Dr. Majcher.

Petition for RemovalQuash DepositionStipulation ViolationDue ProcessEx ParteMeet and ConferWCJQualified Medical EvaluatorSupplemental ReportDiscovery
References
6
Case No. ADJ7621876
Regular
Jan 05, 2012

DAVID ESPINOZA RODRIGUEZ vs. WEST COAST PAINTING, INC., CNA CLAIMS SERVICES

This case concerns defendant West Coast Painting's petition to remove an order quashing their Notice of Deposition for applicant David Espinoza Rodriguez. The defendant argued the quashing occurred in a non-noticed walk-through and asserted new circumstances, including potential back surgery and treatment outside the MPN. However, the Appeals Board denied the petition, adopting the WCJ's reasoning that the defendant failed to demonstrate good cause for a subsequent deposition and that no irreparable harm would result from denying it. The denial is consistent with Code of Civil Procedure section 2025.610, which generally limits parties to one deposition per deponent without good cause shown.

Petition for RemovalWorkers' Compensation Appeals BoardQuashed DepositionSubsequent DepositionGood CauseSignificant PrejudiceIrreparable HarmWCJ ReportMedical Provider NetworkBack Surgery
References
2
Case No. MISSING
Regular Panel Decision
Nov 29, 2005

Federal Deposit Insurance v. Hurwitz

This case involves the Federal Deposit Insurance Corporation (FDIC) being sanctioned for egregious misconduct in its decade-long pursuit of Charles Hurwitz. The court found that the FDIC's litigation was driven by political motives, specifically a "debt-for-nature" swap scheme to acquire redwood forests from Hurwitz's company, Pacific Lumber. Despite internal and external legal advice indicating the claims lacked merit and were time-barred, the FDIC persisted, engaged in discovery abuse, misrepresented facts, and lied to the court. The administrative judge ultimately rejected all OTS claims against Hurwitz. The court ordered the FDIC to pay Maxxam, Hurwitz's indemnitor, $72,255,147.51 in sanctions for its abusive and unlawful conduct, aiming to compensate the victim and deter future institutional malfeasance.

Government SanctionsJudicial MisconductFDIC Abuse of PowerOTS Administrative ProceedingsCharles Hurwitz LitigationHeadwaters Forest ControversyPolitical ExtortionDiscovery ViolationsRule 11 ViolationsUnconstitutional Agency Actions
References
47
Case No. MISSING
Regular Panel Decision

Nadler v. Federal Deposit Insurance

Congressman Jerrold Nadler, the Tribeca Community Association, and the 67 Vestry Street Tenants Association sued the Federal Deposit Insurance Corporation (FDIC) under the Freedom of Information Act (FOIA) to compel the disclosure of a redacted joint venture agreement. The FDIC, acting as receiver for the failed American Savings Bank (ASB), withheld information related to ASB's subsidiary, Amore Holdings, Inc., citing FOIA Exemption Four for trade secrets and confidential commercial or financial information. The court, applying the National Parks test, determined that public disclosure would significantly impair the FDIC’s ability to maximize profits from its receivership assets and cause substantial competitive harm to Amore. Consequently, the court granted the FDIC’s motion for summary judgment, denied the plaintiffs’ cross-motion, and dismissed the complaint.

FOIAExemption FourCommercial InformationConfidentialityFDIC ReceivershipSummary JudgmentGovernment AgencyReal Estate DevelopmentFreedom of Information Act
References
12
Case No. MISSING
Regular Panel Decision

Fidelity & Deposit Co. of Maryland v. Concerned Taxpayers of Lee County, Inc.

This case concerns an appeal by Fidelity and Deposit Company of Maryland (Fidelity) against a summary judgment holding it liable, as a bonding agent, for attorney's fees. These fees were awarded in a prior lawsuit against its principals, the trustees of the Lee County Hospital District. The Concerned Taxpayers of Lee County, Inc. and Mike Cunningham had successfully challenged the hospital district's formation and the trustees' actions, leading to a judgment for attorney's fees which the defunct district could not satisfy. Fidelity argued that the bonds did not explicitly cover attorney's fees and that the trustees had not unfaithfully performed their duties because the district was void from inception. The court affirmed the trial court's decision, holding that Fidelity's bonds broadly covered damages from the trustees' unfaithful performance as de facto officers, which included violations of the Open Meetings Act. However, the court denied Concerned Taxpayers' request for attorney's fees in the current litigation.

Bonding Agent LiabilityAttorney's FeesPublic Official BondsFidelity BondsSummary JudgmentDe Facto OfficersUnfaithful PerformanceOpen Meetings ActHospital DistrictThird-Party Beneficiary
References
16
Case No. 3-90-281-CV
Regular Panel Decision
May 06, 1992

Fidelity and Deposit Company of Maryland v. Concerned Taxpayers of Lee County, Inc. and Mike Cunningham

This case concerns an appeal by Fidelity and Deposit Company of Maryland (Fidelity) against Concerned Taxpayers of Lee County, Inc. and Mike Cunningham regarding Fidelity's liability as a bonding agent for attorney's fees. The dispute originated from an earlier case where a newly formed hospital district in Lee County was deemed unconstitutional, and its trustees were found to have violated the Open Meetings Act, leading to an award of attorney's fees against them. As the hospital district had no assets, Concerned Taxpayers sued Fidelity as the surety on the trustees' public official bonds. The trial court held Fidelity liable for the attorney's fees from the prior case but denied Concerned Taxpayers' request for attorney's fees in the current litigation. The Court of Appeals affirmed the trial court's judgment in all respects, ruling that public official bonds broadly cover damages, including attorney's fees resulting from the unfaithful performance of duties, and that the trustees' Open Meetings Act violations constituted such unfaithful performance. The court also found Concerned Taxpayers to be incidental beneficiaries in the current suit, thus not entitled to attorney's fees.

Public Official BondsSurety LiabilityAttorney's Fees RecoveryDeclaratory Judgment ActOpen Meetings Act ViolationDe Facto Officer DoctrineStatutory ConstructionAppellate ProcedureSummary Judgment AppealHospital District Formation
References
17
Case No. ADJ3213121 (LBO 0361407)
Regular
Aug 30, 2010

GLENDA M. BRUCE vs. COMPTON COMMUNITY COLLEGE, KEENAN & ASSOCIATES

The Appeals Board granted defendant's petition for removal, reversing a prior order that quashed the applicant's deposition. The applicant amended her claim to include hair loss and a fall after her last deposition. The Board found good cause for an additional deposition, as the defendant did not have notice of these new claims prior to the previous depositions. Therefore, the applicant is required to submit to a fifth deposition specifically addressing the hair loss and fall allegations.

Petition for RemovalQuashed DepositionCompensable ConsequencesAmended ApplicationIndustrial InjuryHair LossFallPrior NoticeFifth DepositionRescinded Order
References
0
Case No. 03-06-00002-CV
Regular Panel Decision
Jul 20, 2007

Texas Court Reporters Certification Board and Michele Henricks, as Director of the Court Reporters Certification Board v. Esquire Deposition Services, L.L.C.

The Texas Court Reporters Certification Board (Board) initiated disciplinary proceedings against Esquire Deposition Services, L.L.C. (Esquire) for alleged violations concerning long-term volume discount arrangements for court reporting services. Esquire subsequently filed suit against the Board and its director, Michele Henricks, challenging the Board's statutory authority to regulate or prohibit such discounts and seeking declaratory and injunctive relief. The district court denied the Board's plea to the jurisdiction, prompting an appeal. The Court of Appeals held that the Board possesses exclusive jurisdiction over disciplinary claims and determined that Esquire's claims, which broadly questioned the Board's general authority over long-term discounts, were not ripe for judicial review as they depended on contingent facts and agency expertise. Consequently, the appellate court reversed the district court's order, dismissing Esquire's suit due to lack of jurisdiction.

Administrative LawJurisdictionPlea to the JurisdictionRipeness DoctrineExclusive JurisdictionStatutory InterpretationDeclaratory Judgment ActCourt Reporters Certification BoardCourt Reporting FirmsLong-term Volume Discounts
References
15
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