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Five Recent Workers’ Comp Cases You Should Know About (10/7/2011) – Workers Comp Denied Where Claimant Was Chased At High Speed and Shot By Co-worker's Friend

Larson's Spotlight on Unilateral Termination of Benefits, Going and Coming Rule, Pre-Authorization of Medical Care, Settlement Proceeds Not Subject to Lien, Date of Development of Injury. Larson's surveys the latest case developments that you need to know about. Thomas A. Robinson, the staff...

The Dearly Deported—Illegal Alien Status Does Not Work a Forfeiture in Delaware

It is good to be back. For those who have been out of the loop, Young Conaway moved its office from the Brandywine Building to the Courthouse on Rodney Square. Beautiful new digs, all the better to inspire the muse. Unpacking the 25 box Case Law Library has been no small task and as such, I have been...

The Dearly Deported—Illegal Alien Status Does Not Work a Forfeiture in Delaware

It is good to be back. For those who have been out of the loop, Young Conaway moved its office from the Brandywine Building to the Courthouse on Rodney Square. Beautiful new digs, all the better to inspire the muse. Unpacking the 25 box Case Law Library has been no small task and as such, I have been...

Workers' Comp Fraud Blotter (3/29/2012) – Labor Investigator Forfeits Gold Bars, Coins, Lexus, and Homes On Way To Federal Prison

Each week we'll be surveying what the media, state agencies, insurance companies, and others report in terms of workers' comp fraud. Just like a police blotter, our workers' comp fraud blotter lists recent arrests, charges, convictions and investigations. Workers' Comp Fraud Blotter...

SNR Denton LLP on Maxwell v. Hartford Union High School District: Wisconsin Supreme Court Rejects Broadening Coverage by Estoppel but Approves Forfeiture of Coverage Defenses for Breach of Duty to Defend

By William T. Barker, Partner, SNR Denton Most jurisdictions hold that a liability insurer that assumes control of its insured's defense without reserving a right to deny indemnity can be estopped from asserting indemnity coverage defenses that it knew or should have known about but failed...

The Dearly Deported, Take Two…..DE Superior Court Affirms IAB Decision In Favor Of Illegal Aliens

If you have already read today's News Journal or my colleague Molly DiBianca's Delaware Employment Law Blog, then I am a little late to the party. Perhaps you recall my post of 2/9/12 titled "The Dearly Deported-Illegal Alien Status does not work a Forfeiture in Delaware" which highlighted...

The Dearly Deported, Take Two…..DE Superior Court Affirms IAB Decision In Favor Of Illegal Aliens

If you have already read today's News Journal or my colleague Molly DiBianca's Delaware Employment Law Blog, then I am a little late to the party. Perhaps you recall my post of 2/9/12 titled "The Dearly Deported-Illegal Alien Status does not work a Forfeiture in Delaware" which highlighted...

Jay Shapiro on United States v. Kaley: The Supreme Court Examines Challenges to Pre-conviction Forfeiture Seizures

It is not uncommon for the defense of a white collar prosecution to require substantial legal fees. Nor is it unusual for government to seek to seize and forfeit assets held by the defendant in cases in which the prosecution claims that the defendant has obtained significant sums of money illegally....

Ohio House Bill 72: Revisions to Procedures Under ORC § 5301.332 (Lease Forfeiture)

On October 31, 2013, Ohio Governor Kasich signed Substitute House Bill 72 (HB 72) [ enhanced version available to lexis.com subscribers ], into law. HB 72 amends various Sections of the Ohio Revised Code (the Code), in part, to modernize the county recorder requirements. Regarding Sections of the Code...

$16M Forfeiture Sought in Ohio Restaurant Indictments

"A grand jury returned a 23-count indictment charging six people for their roles in a conspiracy to hire undocumented workers at a chain of restaurants in Stark and Summit counties and pay them less than minimum wage and sometimes only in tips, said Steven M. Dettelbach, United States Attorney for...

Should Corrupt Politicians Keep Their Government Pensions? Manhattan US Attorney Says No

Suppose an elected government official is convicted of corruption. Should the official be able to receive his or her government pension – perhaps while in prison? Many people think not. Apparently, the U.S. Attorney for the Southern District of New York agrees with that view. Preet Bharara has...

Corporate Audit Director Charged with Securities Fraud for Allegedly Engaging in Insider Trading

A certified public accountant who was involved in the auditing process at a publicly traded company based in Chicago has been indicted on federal fraud charges for allegedly engaging in insider trading of the company’s securities that made him an illegal profit of more than $286,000 in 2012. ...

Lawyer Gone Bad: Sentenced to Prison for Laundering Purported Stock Fraud Proceeds

Michael J. Scaglione, an attorney in Coral Gables, Florida, has been sentenced in federal court in Brooklyn, New York, to six months in prison, to be followed by four months of home detention with electric monitoring to be served during a two-year term of supervised release. As part of the sentence,...

Denver Paving Company Forfeits $185K in Criminal Immigration Case

"A Denver-based paving corporation was sentenced Tuesday to pay nearly $185,000 in forfeiture of criminal proceeds for its criminal practice of hiring illegal aliens. The forfeited money will go to the Department of Transportation federal highway fund. ... Premier Paving Inc. (PPI) was charged by...

U.S. Supreme Court Restricts Challenges to Pretrial Seizure of Defense Funds

The U.S. Supreme Court recently weakened a criminal defendant's ability to challenge the Government's pretrial seizure of assets that a defendant has allocated for mounting a defense. In Kaley v. United States , [1] the Court eliminated a defendant's right to challenge a grand jury's...

Jay Shapiro on Kaley v. United States: The Supreme Court Continues Limits of Probable Cause Challenges to Pre-conviction Forfeiture Seizures

Late last year, an Emerging Issue Analysis [ enhanced version available to lexis.com subscribers ] described the issues presented to the Supreme Court in Kaley v. United States [ enhanced version available to lexis.com subscribers ], an appeal that was argued on October 16, 2014. Kaley came before the...

Fail Safe…… and the Failure of a Section 2353(b) Forfeiture Defense in Delaware

You gotta love Nick Krayer. He initially came to us as “new hot guy” and then he was “newly engaged guy” and now he is a blogger wannabe and Gary Nitsche protégé. Heck, he may even be married by now…….Big thanks to Nick for this week’s post which...

7-Eleven Harboring Case Yields Big Gulp for ICE: $4.9M

"According to court filings and facts presented in court, the defendants, who owned, managed, and controlled fourteen 7-Eleven franchise stores during the course of the conspiracies, allegedly hired dozens of illegal aliens, equipped them with more than 20 identities stolen from United States citizens...

Attorney General Designate Leads Effort To Stop Illegal Trafficking of Fossilized Skull And Vertebrae Of Alioramus Dinosaur

French Importer Supplied Forged Mongolian Export Documents A complaint has been filed in federal court in the Eastern District of New York to forfeit the fossilized skull and vertebrae of an Alioramus dinosaur (the “Dinosaur Skull”). The Alioramus was a dinosaur that lived in the late...

Breach Of The Duty To Defend And Forfeiture Of Coverage Defenses: Not What You Are Thinking

There has been so much talk over the past couple of years about whether an insurer that breaches the duty to defend forfeits otherwise applicable coverage defenses. The talk has grown out of the New York Court of Appeals’s decisions in K2 and the ALI’s adoption of the forfeiture rule in its...

Section 2353 Extravaganza In Delaware: A Forfeiture Based On Both Intoxication and Failure To Use a Safety Device

It’s in the bag—urine that is. And can you even begin to guess why this claimant was wearing a bag of urine? I will let the ever-victorious Cheryl Ward tell it (eventually), but before I do, I just cannot contain myself--this case is a veritable trifecta of legal wonders: · No comp...

La. Mushroom Farm Forfeits $1M in Harboring Guilty Plea, Post-I-9 Audit: USA v. M.D. Basciani & Sons, Inc.

After an I-9 inspection resulting in the firing of many unauthorized workers, the company rehired workers under different names and/or using false documents. DOJ July 14, 2015 press release here . Factual Basis, Case 2:15-cr-00156-JCZ-JCW Document 16 Filed 07/14/15 here .

Breaching the Duty to Defend: Remedy for Recovering Peace of Mind

By Jill Berkeley , Partner, Neal, Gerber & Eisenberg LLP Given the American Law Institute’s recent discussion at its May 2015 meeting, regarding Preliminary Draft No. 1 of the Restatement on Liability Insurance , Chapter 2, Sections 20 and 21, I would like to add my voice to those who...

Proud Mary Rocks New Year’s Eve…..and the Intoxication Defense is Upheld in Delaware

Harken back to my post of 4/14/15- “Section 2353 Extravaganza….” . That was the Roger Johnson v. R.C. Fabricators case which dealt with a Section 2353(b) forfeiture defense by virtue of intoxication, involving an injured worker with a fondness for both cannabis and cocaine. Surely...

$7.4M Forfeiture in Student Visa Fraud Case

DOJ, Jan. 27, 2016 - "Preet Bharara, the United States Attorney for the Southern District of New York, announced that SURESH HIRANANDANEY, LALIT CHABRIA, and ANITA CHABRIA, who were senior executives of privately owned for-profit schools, were sentenced yesterday in Manhattan federal court for their...