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The claimant violated N.Y. Workers’ Comp. Law § 114-a by knowingly making a material misrepresentation, which disqualified him from receiving future indemnity benefits, where surveillance videos showed him stooped over and walking very slowly...

The failure on the part of a workers’ compensation claimant to disclose that he and others had been involved in illegal gambling activities—bookmaking—constituted the sort of misrepresentation that warranted the mandatory penalty rescinding...

A New York appellate court affirmed a decision by the state’s Workers’ Compensation Board that had found a claimant’s failure to disclose that she had been involved in several prior motor vehicle accidents in which she had claimed to...

A decision by the New York Workers’ Compensation Board that found a claimant had made the sort of misrepresentations under N.Y. Workers’ Comp. Law § 114-a that would justify termination of her workers’ compensation benefits was...

By Robert J. Grace, Jr., Esq. & Lyle Platt, Esq. Since publication of our last edition of Dubreuil’s Florida Workers’ Compensation Handbook (LexisNexis), legislative activity was confined to a popularly supported bill regarding first...

Florida’s workers’ compensation fraud statute, § 440.105(4), Fla. Stat., does not require a physician to “interrogate” the claimant regarding what may have been false or misleading statements provided by the claimant to the...

In an interesting July 31, 2014 opinion ( here ), the Second Circuit vacated the dismissal of the securities class action lawsuit that had been filed against JinkoSolar Holdings Co. Ltd, and certain of its directors and officers, as well as against its...

The SEC and the U.S. Attorney’s Office for the District of Connecticut charged three senior traders with fraud by misrepresenting pricing information to clients regarding securities traded in opaque markets. In those markets clients often rely on...

The market crisis may have ended years ago, but not the SEC’s supply of cases from that time period. The agency filed a settled action in which those soliciting sophisticated investors misrepresented the risks of two funds, contrary to the warnings...

The Commission filed settled administrative proceedings against an investment adviser and its co-founder based on a claimed breach of fiduciary duty. The Order alleged violations based on negligence, citing Securities Act Section 17(a)(2) and Advisers...

by M. Norman Goldberger, John C. Grugan, and Tesia N. Stanley Last Thursday, the Securities and Exchange Commission (SEC) announced fraud charges against the City of Allen Park, Michigan (City), and two of its former officials—the former City...

He saw “death as a holiday.” He targeted the terminally ill and the elderly. He stole millions of dollars. Federal prosecutors say that Joseph A. Caramadre, the president, chief executive officer, and majority owner of Estate Planning Resources...

While much debate has centered around coverage for construction defects, the parties have at least known where the claims are coming from - a structure is set out to be built, something doesn't go right and repairs need to be made. But in IMG Worldwide...

By Daniel W. Gerber, Partner, Goldberg Segalla LLP Ivie v. Diversified Lending Group, Inc., Case No. 1:09-CV-751, 2011 U.S. Dist. LEXIS 27680 (W.D. Mich., Mar. 17, 2011) Plaintiff, Ivie, invested $2.2 million in a "guaranteed" 9% interest...

When a person obtains a policy of insurance by means of a material misrepresentation an insurer has two options available to it when it learns of the misrepresentation: (1) It can rescind the policy from its inception and return all premium collected;...