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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. ADJ7785257
Regular
Mar 30, 2015

JOHN HUTTMAN vs. SOLANO COUNTY PROBATION, INTERCARE HOLDINGS INSURANCE SERVICES, INC.

The Workers' Compensation Appeals Board denied reconsideration of an adverse ruling for John Huttman, applicant, against Solano County Probation. The Board adopted the judge's report, which found Huttman to be an incredible witness. Key evidence included the applicant's prior medical history, the impeachment of his witness, and proof that the alleged injury report to a supervisor was impossible. Therefore, the Board upheld the denial of the petition for reconsideration.

Workers' Compensation Appeals BoardPetition for ReconsiderationWCJ credibility determinationGarza v. Workmen's Comp. Appeals Bd.industrial causationadverse rulingdisputed claimwitness credibilityimpeached witnessjuvenile wards
References
3
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. 06-06-00223-CR
Regular Panel Decision
Sep 04, 2007

Alfonso Sanchez v. State

Alfonso Sanchez appealed his conviction for possession of a deadly weapon in a penal institution after a shank was found in his cell during a routine shakedown. The jury convicted him and assessed an eight-year confinement sentence, which was stacked on his prior sentence. Sanchez argued on appeal that the trial court erred by allowing the State to improperly impeach a defense witness's character and by questioning a witness concerning Sanchez's custodial silence. The Court of Appeals, Sixth Appellate District of Texas at Texarkana, affirmed the trial court's judgment. The appellate court found that Sanchez failed to preserve these alleged errors for review due to untimely and non-specific objections at trial.

Criminal LawAppellate ProcedurePreservation of ErrorImpeachment of WitnessCharacter EvidenceCustodial SilenceFelony ConvictionDeadly WeaponPenal InstitutionTexas Courts
References
22
Case No. MISSING
Regular Panel Decision

Jackson v. Granite State Insurance Co.

Eddie Jackson, the plaintiff in a workers' compensation case, appealed a take-nothing verdict concerning the extent of his disability. The trial court admitted evidence of Jackson's sole medical witness's felony conviction for dispensing non-narcotic drugs, which was used for impeachment. The court of appeals initially affirmed, reasoning that although the conviction was inadmissible under prior law, the error was harmless as new rules of evidence (Tex.R.Evid. 609(a)) would make it admissible on retrial. However, Jackson argued that under Tex.R.Evid. 609(c), evidence of the conviction was inadmissible due to the witness's successful completion of probation. The Supreme Court reversed the judgments of the lower courts, agreeing with Jackson that Rule 609(c) clearly prohibits the admission of such evidence and that the error was not harmless, thus remanding the cause for a new trial.

Workers' CompensationEvidence AdmissibilityFelony ConvictionWitness ImpeachmentRules of EvidenceProbation CompletionAppellate ReviewReversalRemandMedical Witness
References
2
Case No. MISSING
Regular Panel Decision

Baynes v. Ruderfer

Harold Baynes, administrator of William Curlin Baynes' estate, initiated a Section 1983 action against New York State Trooper David Ruderfer, alleging excessive force resulted in William Baynes' death. Baynes sought to unseal Orange County grand jury minutes from an investigation that had previously declined to indict Ruderfer. After the Orange County Court denied his application, Baynes filed a motion with the federal court to unseal the grand jury transcripts of Ruderfer and other witnesses. The United States Magistrate Judge denied the motion, concluding that Baynes failed to demonstrate the "particularized need" required for disclosure under federal law. The court reasoned that Baynes already possessed witness statements and police reports, and merely desiring the transcripts for impeachment or to refresh memory was insufficient to overcome the strong public interest in maintaining grand jury secrecy, especially when the testifying officer was the subject of the investigation.

Excessive ForceGrand Jury Secrecy42 U.S.C. Section 1983Unsealing TranscriptsParticularized NeedPolice MisconductCredibilityWitness TestimonyImpeachmentFederal Civil Rights
References
29
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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