This case was last updated from U.S. District Courts on 09/30/2025 at 06:29:45 (UTC).

Union Mutual Fire Insurance Company v. Liakas Law, P.C. et al

Case Summary

On 04/03/2025 Union Mutual Fire Insurance Company filed a Public and Administrative - Racketeer Influenced & Corrupt Organizations Act lawsuit against Liakas Law, P C. This case was filed in U.S. District Courts, New York Eastern District. The Judges overseeing this case are Frederic Block and Clay H. Kaminsky. The case status is Open.

 

Case Details

  • Case Number:

    1:25-cv-01857

  • Filing Date:

    04/03/2025

  • Case Status:

    Open

  • Case Type:

    Public and Administrative - Racketeer Influenced & Corrupt Organizations Act

Complaint

Plaintiff UNION MUTUAL FIRE INSURANCE COMPANY (hereinafter referred to as “Union”) by and through their attorneys THE WILLIS LAW GROUP, PLLC, allege as follows:

I. JURISDICTION AND VENUE

1. This is a civil action arising out of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1961 , et seq. This Court has subject matter jurisdiction pursuant to 18 U.S.C. § 1964 , and 28 U.S.C. § 1331 in that certain of the claims arise under the laws of the United States and over other claims herein under its supplemental jurisdiction pursuant to 28 U.S.C. § 1367 .

2. Venue is proper in this District under and pursuant to 18 U.S.C. § 1965 , and pursuant to 28 U.S.C. § 1391 , in that numerous of the acts, practices, and events giving rise to the claims alleged in this Complaint occurred in this District, and many of the Defendants reside in this District.

II. PARTIES

A. Plaintiff

3. UNION MUTUAL FIRE INSURANCE COMPANY is an insurance company duly organized and existing under the laws of the State of Vermont and maintains its office in that state.

B. Defendants

i. Legal Service Defendants

4. Defendant LIAKAS LAW P.C. (“Liakas Firm”) is a professional corporation duly organized and existing under the laws of the State of New York. At all times relevant herein, the Liakas Firm maintained its principal place of business in the State of New York and is authorized to and does conduct business in New York.

5. Upon information and belief, Defendant DEAN N. LIAKAS (“Dean Liakas”) resides in and is a citizen of the State of New York. He is also the managing partner of Liakas Firm. At all times relevant, Dean Liakas was licensed or otherwise authorized to practice law in the State of New York.


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6. Liakas Firm and Dean Liakas are collectively referred to herein as the “Liakas Defendants” or the “Legal Service Defendants.”

ii. Runner Defendants

7. Defendants JOHN DOE NOS. 1-25 (collectively “Runner Defendants”) are persons of unknown citizenship who participated in the fraudulent scheme described below by recruiting potential claimants into staging and/or perpetuating fake trip and fall accidents at various sites throughout New York.

8. Similar to the scheme set forth in United States v. Rainford et al., 110 F.4th 455 (2d Cir. 2024 ), Runner Defendants typically have their own claims, which may be presented before, after, or in conjunction with their recruiting activities.

9. Upon information and belief, defendant Liakas Firm employs or has employed at least two individuals purportedly as “paralegals” or employees retained to perform “client relations” who were in fact tasked with recruiting potential claimants in order to further the fraudulent scheme.

10. The Liakas Firm further conspired with another law firm (“Co-Conspirator Firm 1”), Co-Conspirator Firm 1’s investigator, and Co-Conspirator Firm 1’s paralegal, to recruit potential claimants in order to further the fraudulent scheme, and further split the proceeds from such scheme through payments disguised as referral fees, “trial counsel” fee arrangements, and as case-related expenses.

11. Co-Conspirator Firm 1 and its investigator are related to several similar schemes utilizing additional affiliated law firms.

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Judge Details

Presiding Judge

Frederic Block

Referral Judge

Clay H. Kaminsky

 

Party Details

Plaintiff

Union Mutual Fire Insurance Company

Defendants

Liakas Law, P.C.

Dean N. Liakas

John Doe Nos. 1-25

Prime Case, LLC

XXY Corporation Nos. 1-25

Vadim Lerman, D.O.

Dante Leven, D.O

Kenneth Mcculloch-Otero, M.D

David R. Capiola, M.D

24 More Parties Available

Attorney/Law Firm Details

Plaintiff Attorneys

William Clay

Michael A Graves

Daniel A. Johnston

Aaron Eitan Meyer

Defendant Attorneys

Brianna Walsh

Peter M. Birzon

Other Attorneys

Evan S. Schwartz

Matthew J. Conroy

Sarah McMahon

Stephen Henry Broer

14 More Attorneys Available

 

Court Documents

#116

(#116) Letter MOTION for pre motion conference by Anders Cohen, D.O, Jean Paul Errol Toussaint, M.D., Gotham Neurosurgery, P.L.L.C.. (Morgenstern, Rachel) (Entered: 09/22/2025)

#115

(#115) Letter MOTION for pre motion conference in anticipation of filing a motion to dismiss Plaintiff's amended complaint by David R. Capiola, M.D, Mcculloch Orthopaedic Surgical Services, P.L.L.C., Kenneth Mcculloch-Otero, M.D. (Birzon, Peter) (Entered: 09/22/2025)

#114

(#114) MOTION to Withdraw as Attorney by NJMHMC, LLC. (McCarthy, Dianna) (Entered: 09/18/2025)

#113

(#113) Letter MOTION to Adjourn Conference on October 1, 2025 by Union Mutual Fire Insurance Company. (Johnston, Daniel) (Entered: 09/18/2025)

#112

(#112) NOTICE of Appearance by Norman Rocco Cerullo on behalf of Anders Cohen, D.O, Jean Paul Errol Toussaint, M.D., Gotham Neurosurgery, P.L.L.C. (aty to be noticed) (Cerullo, Norman) (Entered: 09/16/2025)

#111

ELECTRONIC ORDER: Defendants McCulloch Orthopaedic Surgical Services PLLC, Kenneth McCulloch-Otero, M.D. and David R. Capiola M.D.'s letter application #111 is GRANTED. Defense counsel may participate by telephone at the in person pre-motion conference on October 1, 2025 @ 3:00 pm.. Mr. Birzon is directed to call toll free number 571 353 2301 and then enter ID# 698347 at the time of the in person pre-motion conference . Ordered by Judge Frederic Block on 9/9/2025. (MI) (Entered: 09/09/2025)

1 #20

Exhibit 11

1 #18

Exhibit 9

1 #17

Exhibit 8 Part 2

1 #13

Exhibit 6

1 #12

Exhibit 5

1 #10

Exhibit 4 Part 2

1 #9

Exhibit 4 Part 1

1 #8

Exhibit 3 Part 2

1 #5

Exhibit 2 Part 2

1 #3

Exhibit 1

1 #2

Proposed Summons

1 #1

Civil Cover Sheet

127 More Documents Available

 

Docket Entries

09/22/2025
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DocketTEXT ORDER: Defendants Anders Cohen, D.O, Jean Paul Errol Toussaint, M.D., Gotham Neurosurgery, P.L.L.C. letter application #116 is GRANTED and will be discussed at the in person pre-motion conference on October 22, 2025 @ 3:30 pm.. Ordered by Judge Frederic Block on 9/22/2025. (MI) (Entered: 09/22/2025)

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09/22/2025
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Docket(#116) Letter MOTION for pre motion conference by Anders Cohen, D.O, Jean Paul Errol Toussaint, M.D., Gotham Neurosurgery, P.L.L.C.. (Morgenstern, Rachel) (Entered: 09/22/2025)

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09/22/2025
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DocketTEXT ORDER: Defendants David R. Capiola, M.D, Mcculloch Orthopaedic Surgical Services, P.L.L.C., Kenneth Mcculloch-Otero, M.D letter application #115 is GRANTED and will be discussed at the in person pre-motion conference on October 22, 2025 @ 3:30 pm.. Ordered by Judge Frederic Block on 9/22/2025. (MI) (Entered: 09/22/2025)

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09/22/2025
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Docket(#115) Letter MOTION for pre motion conference in anticipation of filing a motion to dismiss Plaintiff's amended complaint by David R. Capiola, M.D, Mcculloch Orthopaedic Surgical Services, P.L.L.C., Kenneth Mcculloch-Otero, M.D. (Birzon, Peter) (Entered: 09/22/2025)

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09/18/2025
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DocketELECTEONIC ORDER: Granting Dianna D. McCarthy motion #114 to withdraw as counsel for defendant NJMHMC, LLC, d/b/a Hudson Regional Hospital, only. Attorney Dianna D. McCarthy terminated. Ordered by Judge Frederic Block on 9/18/2025. (MI) (Entered: 09/18/2025)

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09/18/2025
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Docket(#114) MOTION to Withdraw as Attorney by NJMHMC, LLC. (McCarthy, Dianna) (Entered: 09/18/2025)

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09/18/2025
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DocketELECTRONIC ORDER: Plaintiff's letter application #113 with the consent of most of the defendants is GRANTED. The in person pre-motion conference scheduled for October 1, 2025 is adjourned to October 22, 2025 at 3:30 P.M. Upon receipt of this email counsel shall confirm with each other the new date and time of this in person pre-motion conference. Ordered by Judge Frederic Block on 9/18/2025. (MI) (Entered: 09/18/2025)

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09/18/2025
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Docket(#113) Letter MOTION to Adjourn Conference on October 1, 2025 by Union Mutual Fire Insurance Company. (Johnston, Daniel) (Entered: 09/18/2025)

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09/16/2025
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Docket(#112) NOTICE of Appearance by Norman Rocco Cerullo on behalf of Anders Cohen, D.O, Jean Paul Errol Toussaint, M.D., Gotham Neurosurgery, P.L.L.C. (aty to be noticed) (Cerullo, Norman) (Entered: 09/16/2025)

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09/09/2025
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DocketELECTRONIC ORDER: Defendants McCulloch Orthopaedic Surgical Services PLLC, Kenneth McCulloch-Otero, M.D. and David R. Capiola M.D.'s letter application #111 is GRANTED. Defense counsel may participate by telephone at the in person pre-motion conference on October 1, 2025 @ 3:00 pm.. Mr. Birzon is directed to call toll free number 571 353 2301 and then enter ID# 698347 at the time of the in person pre-motion conference . Ordered by Judge Frederic Block on 9/9/2025. (MI) (Entered: 09/09/2025)

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134 More Docket Entries
04/17/2025
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Docket(#9) NOTICE of Appearance by Aaron Eitan Meyer on behalf of Union Mutual Fire Insurance Company (aty to be noticed) (Meyer, Aaron) (Entered: 04/17/2025)

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04/17/2025
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Docket(#8) NOTICE of Appearance by Michael A Graves on behalf of Union Mutual Fire Insurance Company (aty to be noticed) (Graves, Michael) (Entered: 04/17/2025)

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04/09/2025
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Docket(#7) NOTICE of Appearance by Stephen Henry Broer on behalf of Michael Greene, M.D, Radnet, Inc. (aty to be noticed) (Broer, Stephen) (Entered: 04/09/2025)

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04/09/2025
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Docket(#6) NOTICE of Appearance by Matthew J. Conroy on behalf of Michael Greene, M.D, Radnet, Inc. (aty to be noticed) (Conroy, Matthew) (Entered: 04/09/2025)

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04/08/2025
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Docket(#5) NOTICE of Appearance by Daniel A. Johnston on behalf of Union Mutual Fire Insurance Company (aty to be noticed) (Johnston, Daniel) (Entered: 04/08/2025)

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04/04/2025
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Docket(#4) This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (CV) (Entered: 04/04/2025)

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04/04/2025
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Docket(#3) Summons Issued as to Accelerate Radiology, P.C., BL Pain Management, P.L.L.C., David R. Capiola, M.D, Anders Cohen, D.O, John Doe Nos. 1-25, Jean Paul Errol Toussaint, M.D., Gotham Neurosurgery, P.L.L.C., Michael Greene, M.D, Guatam Khakhar, M.D., Boleslav Kosharskyy, M.D., Vadim Lerman, D.O., Dante Leven, D.O, Dean N. Liakas, Liakas Law, P.C., Mcculloch Orthopaedic Surgical Services, P.L.L.C., Kenneth Mcculloch-Otero, M.D, Yan Moshe, NJMHMC, LLC, Orthopaedics Spine & Sports Medicine, LLC,, Pain Physicians of New York, P.C., Physical Medicine & Rehabilitation, P.C., Siddharth Prakash, M.D., Prime Case, LLC, Radnet, Inc., Leonid Reyfman, M.D., XXY Corporation Nos. 1-25. (CV) (Entered: 04/04/2025)

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04/04/2025
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Docket(#2) Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (CV) (Entered: 04/04/2025)

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04/04/2025

DocketCase Assigned to Judge Frederic Block and Magistrate Judge James R. Cho. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (CV) (Entered: 04/04/2025)

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04/03/2025
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Docket(#1) COMPLAINT against Accelerate Radiology, P.C. d/b/a Precision Accelerad, BL Pain Management, P.L.L.C. d/b/a Pain Management NYC, David R. Capiola, M.D, Anders Cohen, D.O, John Doe Nos. 1-25, Jean Paul Errol Toussaint, M.D., Gotham Neurosurgery, P.L.L.C., Michael Greene, M.D, Guatam Khakhar, M.D., Boleslav Kosharskyy, M.D., Vadim Lerman, D.O., Dante Leven, D.O, Dean N. Liakas, Liakas Law, P.C., Mcculloch Orthopaedic Surgical Services, P.L.L.C. s/d/b/a New York Sports and Joints Orthopaedic Specialists, Kenneth Mcculloch-Otero, M.D, Yan Moshe, Njmhmc, LLC d/b/a Hudson Regional Hospital, Orthopaedics Spine & Sports Medicine, LLC, s/d/b/a Total Orthopaedics & Sports Medicine, Pain Physicians Of New York, P.C., Physical Medicine & Rehabilitation, P.C., Siddharth Prakash, M.D., Prime Case, LLC, Radnet, Inc. S/D/B/A Lenox Hill Radiology, Leonid Reyfman, M.D., XXY Corporation Nos. 1-25 filing fee $ 405, receipt number ANYEDC-18920593 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Union Mutual Fire Insurance Company. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit 1, #4 Exhibit 2 Part 1, #5 Exhibit 2 Part 2, #6 Exhibit 2 Part 3, #7 Exhibit 3 Part 1, #8 Exhibit 3 Part 2, #9 Exhibit 4 Part 1, #10 Exhibit 4 Part 2, #11 Exhibit 4 Part 3, #12 Exhibit 5, #13 Exhibit 6, #14 Exhibit 7 Part 1, #15 Exhibit 7 Part 2, #16 Exhibit 8 Part 1, #17 Exhibit 8 Part 2, #18 Exhibit 9, #19 Exhibit 10, #20 Exhibit 11) (Clay, William) (Entered: 04/03/2025)

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