In keeping with MMP&S’ approach of zealously pursuing RICO and fraud related issues in New York State Labor Law actions, Todd Shaw, a partner in our Purchase, NY office, prevailed on his motion to compel Plaintiff to return to deposition to answer questions about litigation funding as well as to provide litigation funding documentation.

At Plaintiff’s original deposition, Plaintiff’s counsel blocked all questions related to litigation funding and loans.  Through subsequent motion practice, MMP&S successfully argued that Plaintiff’s counsel’s conduct was improper since litigation funding may have provided Plaintiff with a financial motive to fabricate his alleged accident and was relevant to MMP&S’ affirmative defense of fraud, which affirmative defense was added after Plaintiff repeatedly changed the date of his alleged accident in pleadings and bills of particulars.  MMP&S demonstrated for the Court how Plaintiff’s deposition testimony regarding his work history and accident circumstances were suspicious. This included presenting to the Court testimony and documentary evidence that all of Plaintiff’s known associations had left the country and that Plaintiff was recruited to come to the United States by his brother who had his own New York State Labor Law action, which Plaintiff testified he was unaware of despite working with and living with his brother.

The Court’s decision highlights the importance of asserting appropriate affirmative defenses of fraud, conducting intensive investigations into Plaintiff’s and their known associations, and aggressively pursuing motion practice when plaintiff’s counsel improperly block questions at deposition.

Practice Area: Construction Accidents and NY Labor Law