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Case Law Database

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

Case No. 92 Civ. 4884 (RJW)
Regular Panel Decision

United States v. Terry

This opinion addresses and denies two motions filed by defendant Randall Terry in connection with his criminal contempt trial. Terry sought the recusal of Senior District Judge Robert J. Ward, alleging personal bias based on the judge's comments during prior civil contempt hearings. The Court denied this motion, asserting that its observations stemmed from judicial proceedings and did not indicate an extrajudicial source of bias or create an appearance of impropriety. Terry also moved to present constitutional arguments as a defense against the preliminary injunction he allegedly violated. This motion was similarly denied under the collateral bar rule, which prohibits collateral attacks on court orders in contempt proceedings unless the order is "transparently invalid"—a standard the Court found was not met.

Criminal ContemptMotion to RecuseJudicial BiasCollateral Bar RuleFirst Amendment RightsPreliminary Injunction ViolationFederal ProcedureDue ProcessDisqualification of JudgeExtrajudicial Source Doctrine
References
21
Case No. SDO 0335244
Regular

FREDDY GOMEZ vs. EL TORITO RESTAURANT, GALLAGHER BASSETT SERVICES

This case involved a petition to disqualify a Workers' Compensation Judge (WCJ) based on a prior declaration of bias and an alleged appearance of bias. The Workers' Compensation Appeals Board (WCAB) denied the petition. The WCAB found that while a previous case established a past appearance of bias, the current petition lacked specific evidence of present bias or appearance thereof. Furthermore, the WCAB concluded that sufficient time had passed since the prior proceedings, and the appearance of bias, if any, had sufficiently attenuated.

Workers' Compensation Appeals BoardPetition for DisqualificationAdministrative Law JudgeLabor Code section 5311WCAB Rule 10452Appearance of BiasActual BiasBlanket RecusalMandatory Settlement ConferenceIndustrial Injury
References
1
Case No. SDO 341698
Regular
Jul 23, 2007

EVA STERBA vs. CARDIFF SOFWARE, INC., CHUBB GROUP OF INSURANCE COMPANIES

Here's a concise summary for a lawyer: A petition to disqualify a Workers' Compensation Judge (WCJ) based on a past admitted bias against the applicant's law firm was denied. The Appeals Board found that the six-year-old declaration of bias had been sufficiently attenuated and lacked present evidence of actual or apparent bias. Future disqualification would require specific evidence demonstrating bias.

Workers' Compensation Appeals BoardDisqualificationAdministrative Law JudgeBiasTrovillion Inveiss Ponticello DemakisAppearance of BiasBlanket RecusalRobbins v Sharp HealthcareDeclaration of Readiness to ProceedMandatory Settlement Conference
References
1
Case No. SDO 339211 SDO 339212
Regular
Jul 23, 2007

RICHARD ESPINOZA vs. SAN DIEGO GAS & ELECTRIC

This case involved a petition to disqualify a Workers' Compensation Judge based on a prior admission of bias against the applicant's law firm. The Appeals Board denied the petition, finding that the applicant failed to present evidence of present bias or the appearance of bias. The Board reasoned that the prior admission of bias had been sufficiently attenuated by time and subsequent rulings, and that future disqualifications would require specific evidence.

Workers' Compensation Appeals BoardDisqualificationWCJBiasAppearance of BiasRecusalBlanket RecusalEthics ComplaintsCourt AdministratorMandatory Settlement Conference
References
1
Case No. ADJ3891253 (SAC 0350473)
Regular
Jan 20, 2010

, MAURICIO CASTRO vs. , RODOLFO GUTIERREZ; ALLSTATE INSURANCE c/o SPECIALTY RISK SERVICES

The Workers' Compensation Appeals Board granted the applicant's petition for removal due to the assigned judge's reported threat to refer him to the District Attorney if he continued testifying. While the judge did not deny the threat, she stated it was to ensure attorneys observed the applicant's demeanor. The Board found this action created an appearance of bias and prejudiced the applicant's right to a fair hearing. Therefore, the case was transferred to a new judge to ensure substantial justice and an unbiased determination of the merits.

Petition for RemovalWCJ ThreatDistrict Attorney ReferralAppearance of BiasDue Process ViolationCode of Civil Procedure Section 641(f)Labor Code Section 5310Robbins v. Sharp HealthcareWCAB Rule 10452Disqualification
References
1
Case No. MISSING
Regular Panel Decision

Fox Industries, Inc. v. Gurovich

The defendant, Leonid Gurovieh (also known as Leo Gore), filed a motion to compel Judge Platt to disqualify himself from the case, citing alleged partiality under 28 U.S.C. § 455(a). Gore's motion was based on remarks made by the judge during previous proceedings. The judge denied the motion for recusal, stating that his reactions, including expressions of disapprobation and anger, were a direct result of the "outlandish behavior" of both Gore and his counsel, Simon Schwarz, Esq. This behavior included violations of court orders, failure to appear, attempts to suborn perjury, and obstruction of court orders. The court found that no objective observer would reasonably question its impartiality and affirmed that its rulings were based on the facts presented, not on bias.

RecusalDisqualificationJudicial ConductJudicial ImpartialityBiasPrejudiceContempt of Court28 U.S.C. § 455(a)Federal JudgeMotion Denial
References
6
Case No. MISSING
Regular Panel Decision

People v. Johnson

This opinion from the Court of Appeals addresses the critical issue of juror impartiality in criminal trials, specifically concerning challenges for cause when prospective jurors express doubts about their fairness. The Court consolidated three cases: People v. Johnson and People v. Sharper, both robbery cases involving juror bias towards police testimony, and People v. Reyes, a drug sale case where jurors harbored biases related to drug abuse and a defendant's prior convictions. The Court reiterated that when potential jurors reveal a state of mind likely to preclude impartial service, they must provide unequivocal assurance of their ability to set aside any bias and render a verdict based solely on evidence. Concluding that the trial judges in these cases failed to obtain such unequivocal assurances, the Court affirmed the Appellate Division's reversal of convictions in Johnson and Sharper, and reversed the Appellate Division's affirmation of conviction in Reyes, ordering a new trial. This decision underscores the fundamental constitutional right to an impartial jury and clarifies the standard for excusing biased jurors under CPL 270.20.

Jury SelectionVoir DireJuror ImpartialityChallenge for CauseUnequivocal AssurancePolice Testimony BiasDrug Offense BiasPrior Conviction BiasCriminal Procedure LawAppellate Review
References
31
Case No. SAC 0290200 SAC 0352087 MON 0309956 MON 0326164
Regular
Dec 17, 2007

PATTY OLFATI (PARVIN OLFATI) vs. STATE OF CALIFORNIA, BOARD OF EQUALIZATION and STATE COMPENSATION INSURANCE FUND

The applicant sought to disqualify the workers' compensation judge due to alleged bias and intimidation by the judge and defendants. The appeals board denied the petition, finding no evidence of bias or the appearance of bias. The applicant failed to provide a proper affidavit and did not attend the conference where the alleged intimidation occurred.

Disqualification petitionWCJ biaspsychiatric injuryindustrial injuryex parte communicationaffidavit requirementLabor Code section 5311WCAB Rule 10452protective ordersubpoena duces tecum
References
4
Case No. ADJ2224397 (ANA 0397221)
Regular
Jul 27, 2018

MARK PAYNE vs. MBC CONSTRUCTION, REDWOOD FIRE & CASUALTY INSURANCE COMPANY

The applicant petitioned to disqualify Administrative Law Judge Angel Barnes, alleging bias and a prior reassignment due to such bias. The Workers' Compensation Appeals Board reviewed the petition and the ALJ's report. The Board found that testimony had already been taken, and there was no record of a reassignment based on bias. Therefore, the applicant's Petition for Disqualification was denied.

Petition for DisqualificationWCJ Angel BarnesLabor Code section 5311Code of Civil Procedure Section 641Cal. Code Regs. tit. 8 § 10452biasadministrative law judgeworkers' compensation appeals boardreassignmentaffidavit
References
0
Case No. SBR 0297153
Regular
Dec 16, 2007

KAREN SPARKS vs. RITE AID CORPORATION, TRAVELERS PROPERTY \& CASUALTY

Rite Aid sought to disqualify the Workers' Compensation Judge (WCJ) based on an alleged consanguinity or bias towards the applicant's law firm. The Board denied the petition because consanguinity with a law firm is legally impossible, and the petition failed to provide specific facts demonstrating bias. While the WCJ noted a personal relationship with someone represented by the firm, this alone, without evidence of actual bias, was insufficient for disqualification.

Workers Compensation Appeals BoardDisqualification petitionConsanguinityAffinityCode of Civil Procedure section 641(b)Administrative Law Judge (WCJ)Rose Klein & MariasBiasDeclarationWCAB Rule 10452
References
0
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