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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
Nov 23, 2005

CARTIER, DIV. OF RICHEMONT v. Bertone Group

In a trademark infringement case, defendants moved to disqualify plaintiffs' litigation counsel, Tal Benschar, Esq., from serving as a 30(b)(6) deposition witness, citing New York Disciplinary Rule 5-102 which addresses the advocate-witness rule. The Court denied the defendants' motion, allowing Mr. Benschar to testify. The Court acknowledged the potential for confusion and conflicting loyalties when a lawyer acts as both a witness and an advocate, but found these dangers less likely in the pre-trial context. It also considered that Mr. Benschar was in the best position to provide the requested information, having supervised the investigation. However, the Court deferred its ruling on whether Mr. Benschar’s testimony would disqualify him from subsequently serving as trial counsel, noting that another attorney would be primary trial counsel.

Trademark InfringementDiscoveryFed.R.Civ.P. 30(b)(6)Attorney DisqualificationAdvocate-Witness RuleEthical RulesDeposition TestimonyPre-Trial ProcedureNew York LawCounsel Representation
References
2
Case No. MISSING
Regular Panel Decision
Aug 09, 2002

In Re the United States for Material Witness Warrant

This Opinion and Order addresses the Court's authority to investigate potential government misrepresentations in the case of Abdallah Higazy, a prospective grand jury witness. Higazy was detained as a material witness after a transceiver was allegedly found in his hotel room and he purportedly confessed during a polygraph test, both of which later proved false. The Court determined it lacked criminal contempt jurisdiction over the FBI agent's conduct but affirmed its inherent supervisory power to inquire into and publicize the truth of such misconduct. The Court ordered the Government to complete its internal investigation and report findings by October 31, 2002, while directing the unsealing of most case documents, subject to government-proposed redactions by August 9, 2002, to protect grand jury secrecy. The government's internal investigation reports were ordered to remain sealed.

Material WitnessGrand Jury InvestigationFBI MisconductFalse ConfessionJudicial Supervisory PowerCriminal ContemptUnsealing DocumentsGovernment MisrepresentationsPolygraph TestSeptember 11 Investigation
References
16
Case No. MISSING
Regular Panel Decision

National Surety Corp. v. Rushing

The defendant appealed a jury verdict granting the plaintiff workers' compensation for total and permanent disability. The primary contention was the trial court's admission of an expert chiropractor witness not timely disclosed in pretrial interrogatories, violating Tex.R.Civ.P. 168. The appellate court upheld the trial court's decision, finding no abuse of discretion given the court's offer of a recess to depose the witness, which the defendant declined, and the defendant's failure to show prejudice. The court also affirmed the trial court's ruling on an objection during cross-examination of the chiropractor, noting the defendant's failure to lay a proper predicate for the introduction of an authoritative treatise. The defendant's remaining points of error were found to be without merit.

Discovery RulesExpert Witness TestimonyInterrogatoriesRule 168 ViolationWorkers' CompensationChiropractic EvidenceAbuse of DiscretionAppellate ProcedurePrejudice RequirementEvidentiary Foundation
References
14
Case No. 21-mc-102
Regular Panel Decision

Socha v. 110 Church, LLC

Plaintiffs, Marek Soeha, Jerzy Muszkatel, Tadeusz Kowalewski, Wla-dyslaw Kwasnik, and Waldemar Ropel, sought to compel expert testimony from non-retained physicians associated with the Mt. Sinai World Trade Center Medical Monitoring Program and a Workers’ Compensation physician. These "Non-Retained Experts" possess unique knowledge regarding the effects of World Trade Center dust but were unwilling to provide data or serve as expert witnesses due to time constraints and concerns about compromising neutrality. District Judge Alvin K. Hellerstein denied the plaintiffs' motion to compel depositions and amended expert disclosures, finding a lack of "substantial need" as the information was not unique and comparable witnesses were available. However, acknowledging the unparalleled scope of the Mt. Sinai WTC Health Program's research, the court ordered Mt. Sinai to produce its data, with appropriate redactions, following an established protocol.

Expert Witness DepositionMotion to CompelFederal Rules of Civil Procedure 26Non-Retained ExpertsWorld Trade Center LitigationMedical Monitoring ProgramDiscovery DisputeSubpoena Expert WitnessCausation TestimonyData Disclosure Order
References
3
Case No. 02C01-9608-CR-00282
Regular Panel Decision
Dec 10, 1997

State v. John Knapp

The defendant, John Knapp, appealed his conviction for attempted second-degree murder, for which he received a ten-year sentence. Knapp raised several issues on appeal, including allegations that the trial judge improperly limited cross-examination of the victim, made inappropriate comments on the evidence, and violated the rule of witness sequestration. The appellate court found that any errors in precluding cross-examination on prior inconsistent statements were harmless given the context. The court also determined that the violation of the sequestration rule was harmless as the victim was not recalled to testify. Additionally, claims of judicial misconduct through comments and body language were deemed inconsequential or cured by jury instructions. Consequently, the appellate court affirmed the trial court's judgment.

Attempted MurderSecond Degree MurderAppellate ReviewWitness SequestrationCross-ExaminationJudicial MisconductHarmless ErrorCredibilityCriminal Injuries CompensationWorkers' Compensation
References
13
Case No. 06-04-00100-CR
Regular Panel Decision
Nov 03, 2005

Jimmy Dee Wilson v. State

Jimmy Dee Wilson was convicted of murder for killing Butch Monday and sentenced to sixty years' imprisonment. On appeal, Wilson raised several points of error concerning the State's closing arguments, the trial court's rulings on objections, witness testimony exclusion, sufficiency of the evidence, jury charge, and admission of extraneous offenses. Wilson claimed self-defense or accidental discharge during an altercation with Monday. The appellate court affirmed the conviction, finding no reversible error in the trial court's decisions regarding prosecutorial arguments, witness sequestration, or jury instructions on sudden passion and apparent danger. Although finding error in the admission of testimony regarding Wilson selling prescription drugs, the court deemed it harmless given the strong evidence of guilt. The court upheld the legal and factual sufficiency of the evidence to support the murder conviction.

Criminal LawMurder ConvictionAppellate ReviewSelf-DefenseSufficiency of EvidenceJury InstructionsProsecutorial MisconductWitness SequestrationExtraneous OffensesHarm Analysis
References
37
Case No. ADJ7785733, ADJ7632939
Regular
Oct 01, 2012

JOHN SHEK vs. CHILDREN'S HOSPITAL AND RESEARCH CENTER OF OAKLAND, ZURICH AMERICAN INSURANCE

This case involves applicant's petitions for reconsideration and removal concerning administrative orders that sustained objections to witness subpoenas and excused a witness's appearance. The Workers' Compensation Appeals Board dismissed the reconsideration petitions as intermediate orders are not subject to such review. They also denied the removal petition, finding no showing of significant prejudice or irreparable harm. The Board upheld the WCJ's decision to exclude undisclosed witnesses and excuse the excused witness based on the applicant's failure to comply with discovery and witness disclosure rules.

Pro sePetition for ReconsiderationPetition for RemovalWCAB RulesSubpoena Duces TecumQuash SubpoenaExcuse Witness AppearanceMandatory Settlement ConferenceDiscovery ClosureNewly Discovered Evidence
References
2
Case No. MISSING
Regular Panel Decision

United States v. Jones

Corey Jones, indicted for murder of a government witness, previously had his application for bail denied. He renewed his application based on new evidence regarding his co-defendant and brother, Jason Jones. This evidence, including work and travel records, strongly contradicted the government's unidentified eye-witness testimony, which initially implicated both brothers. The Court noted that the eye-witness's identification of Jason Jones was proven inaccurate, which materially affected the credibility of the same witness's identification of Corey Jones, especially since the witness knew both brothers by name. After reviewing all evidence, including testimony from alibi witnesses and a secondary victim, the Court found that the weight of the evidence now overcomes the presumption of detention. Consequently, Corey Jones's renewed application for bail was granted, contingent on suitable conditions.

BailPretrial DetentionWitness CredibilityAlibiNew EvidenceMurder ChargeSouthern District of New YorkCriminal ProcedureFederal CourtRelease Conditions
References
2
Case No. MISSING
Regular Panel Decision
Nov 18, 1991

In re Lenny McN.

The Family Court in Bronx County issued an order on November 18, 1991, directing the disclosure of a social worker's entire casework file to an intervenor-respondent. This social worker was called as a witness by the law guardian for the infants. The appellate court unanimously reversed this order, finding the social worker's testimony regarding prior file use too equivocal to support a wholesale waiver of confidentiality and work product privileges. The court emphasized the protection against disclosure of mental impressions of a party's representative, classifying a social worker employed by a law guardian as such a representative. The case was remanded for a continuation of the dispositional hearing, with further discovery limited unless the law guardian seeks to elicit an adverse expert opinion from the social worker.

Family LawDisclosureConfidentiality PrivilegeWork Product ImmunitySocial Worker TestimonyChild CustodyFamily Court ProceedingDiscovery LimitationsAppellate ReviewWaiver of Privilege
References
2
Case No. MISSING
Regular Panel Decision

Emenhiser v. State

The appellant, John Paul Emenhiser, was convicted of two counts of indecency with a child, one count of aggravated sexual assault of a child, and one count of sexual performance by a child. He appealed the trial court's judgment, raising points of error regarding a quashed subpoena, the exclusion of a witness who violated the rule of sequestration, the denial of a motion to suppress evidence seized from a storage unit, and the denial of a challenge for cause to a veniremember. Additionally, he challenged the legal and factual sufficiency of the evidence for his convictions of sexual performance by a child and indecency with a child. The appellate court reviewed each point of error, found no abuse of discretion by the trial court, and determined that the evidence was legally and factually sufficient to support the convictions, thus affirming the trial court's judgment.

Indecency with a childSexual performance by a childAggravated sexual assaultSubpoenaExclusion of witnessRule of sequestrationSearch warrantProbable causeMotion to suppressVeniremember challenge
References
35
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