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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. 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. ADJ9166524
Regular
Feb 24, 2015

MICHAEL GORBEA vs. LIMBACH COMPANY, LP, ARCH INSURANCE, GALLAGHER BASSETT SERVICES

The Workers' Compensation Appeals Board denied the applicant's Petition for Reconsideration. The Board adopted and incorporated the WCJ's report, giving great weight to the WCJ's credibility determinations due to observing the witnesses' demeanor. The WCJ found the applicant's testimony regarding the alleged injury was not credible and was rebutted by defense witnesses. Furthermore, the WCJ determined the post-termination defense was applicable as the applicant's notice of injury was not timely or contemporaneous with his layoff.

AOE/COEPetition for ReconsiderationWCJ credibility determinationpost-termination defenseDover v. Fresh Start Bakeriescontemporaneous notification exceptionpreponderance of the evidenceindustrial clinic diagnosislumbar sprainmuscle spasm
References
3
Case No. ADJ7016413
Regular
Jun 24, 2010

KEITH TRIGG vs. ASPLUNDH TREE EXPERT COMPANY, LIBERTY MUTUAL FIRE INSURANCE COMPANY

The Appeals Board granted defendant's petition for removal, rescinding the WCJ's order to obtain medical records. The Board found no abuse of discretion in the WCJ's decision to submit the case for decision on the existing record, emphasizing that parties presented witnesses and appeared satisfied with their evidence. The Board reasoned that the WCJ observed witness demeanor and credibility, and no reason existed to believe a determination could not be made on the presented testimony. The case was returned to the WCJ for submission on the current record.

Petition for RemovalWorkers' Compensation Appeals BoardWCJIndustrial InjuryMedical RecordsTrial StrategyDiscoveryLabor Code Section 5502(c)(3)Labor Code Section 5701Labor Code Section 5906
References
2
Case No. ADJ9999051
Regular
Apr 18, 2016

SUSANA VELAZQUEZ vs. SAN DIEGO UNIFIED SCHOOL DISTRICT

This case involves Susana Velazquez's petition for reconsideration after her claim for work-related injury against the San Diego Unified School District was denied. The Workers' Compensation Appeals Board denied the petition, adopting the WCJ's report. The WCJ found Velazquez's testimony not credible, citing witness testimony and evidence that she left work for personal reasons and had performance issues with a co-worker. The Board gave great weight to the WCJ's credibility determination due to observing the witnesses' demeanor.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibility determinationGarza v. Workmen's Comp. Appeals Bd.employment injurycourse of employmentchoking incidentwitness testimonyapplicant credibilitypoor performance
References
1
Case No. ADJ8039059
Regular
Aug 22, 2018

FARRHA ALAEDDIN vs. STATE COMPENSATION INSURANCE FUND, permissibly self-insured, administered by ACCLAMATION INSURANCE MANAGEMENT SERVICES

The Workers' Compensation Appeals Board denied the defendant's petition for reconsideration of an award to Farrha Alaeddin. The Board adopted the Workers' Compensation Judge's report, which found the applicant's stroke was industrial based on witness testimony and the opinion of an Agreed Medical Evaluator. The Judge gave significant weight to witness demeanor and found no substantial evidence to reject the credibility determinations. The defendant's contention that the finding of probable medication use was speculative was rejected, as the preponderance of the evidence supported an industrial causation.

ADJ8039059FARRHA ALAEDDINSTATE COMPENSATION INSURANCE FUNDACCLAMATION INSURANCE MANAGEMENT SERVICESPetition for ReconsiderationDENIEDWCJGarza v. Workmen's Comp. Appeals Bd.Agreed Medical Evaluator (AME)Power v. Workers' Comp. Appeals Bd.
References
0
Case No. MISSING
Regular Panel Decision
Jan 14, 2004

Vann v. Vann

The mother appealed an order from the Family Court, Orange County, which awarded custody of her two daughters to the father. The appellate court affirmed the Family Court's decision, emphasizing that custody determinations are discretionary and accorded great weight on appeal due to the hearing court's opportunity to observe witness demeanor and the children's desires. The court reiterated that the paramount concern in custody disputes is the child's best interests, considering factors like home environment, parental guidance, financial status, and parental fitness. The Family Court conducted a thorough hearing, including witness testimony and in-camera interviews with the children, and its decision was found to have properly weighed the relevant factors.

Child CustodyFamily LawBest Interests of the ChildAppellate ReviewParental GuidanceFinancial StatusWitness DemeanorDiscretionary DecisionHearing CourtAffirmed Order
References
6
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
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