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Oral arguments in the pending appeal of the Workers' Compensation Appeals Board's (WCAB) en banc decision in Ogilvie are likely to be delayed weeks if not months after the defense's lead counsel, Deputy City Attorney Peter Scherr, abruptly resigned his position with the city to accept a position in the private sector with the Law Offices of Joseph Waxman. If that name seems familiar it should, this is the firm representing injured worker Wanda Ogilvie in the case.
The Deputy City Attorney has requested that the court delay arguments until June at the earliest so that a new attorney can be brought up to speed. After months of waiting the court had finally set oral arguments for April 13. The fact that a new attorney will have to familiarize himself or herself with this complex case quickly is just one of the problems for the city attorney. As Deputy City Attorney Lechuga noted in a letter to the First District Court of Appeal, "Mr. Scherr had been the lead attorney for the City in this matter from its inception and had prepared and filed all of the City's motions before the Workers' Compensation Appeals Board, and all of the City's appellate briefs before this court. Mr. Scherr was also the only attorney who participated on behalf of the City in Amicus Committee conferences regarding this matter,"
The city is also considering filing a Motion to Disqualify Joseph Waxman from continuing to represent Ms. Ogilvie given the fact he is now partners with the former lead counsel and has access to all defense analysis, legal strategy, etc. It would be very surprising should such a Motion not be filed and approved.
More as details become available. . . |
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