It is a fight to level the playing field to be able to compete for jobs and careers on the basis of skills and make available apprentice training to all. In 1973 Al Percy launched a class action lawsuit to give workers like him a chance to better their lot in life. It would also ensure the availability of skilled workers to build the infrastructure of the future.
Who is Al Percy? What is the lawsuit?
A short video follows below. there are also helpful and informative links on this website
ong>Caseong> 1:ong>21ong>-cv-014ong>21ong>-NGG ong>Caseong> ong>21ong>-ong>1564ong>, ong>Docong>ument 6, 1907/12/20ong>21ong>, Filed 05/27/ong>21ong> 3135847, Page Page22 14 ong>ofong> 27 ong>ofong> PageID 104 #: 2285 insurance policies in New York and (2) issue workers’ compensation policies outside ong>ofong> New York, when, in fact, it was not authorized to do either ong>ofong> those things. Id. at *6. On March 20, 2009, Kernan pleaded guilty to one count ong>ofong> knowingly permitting a convicted felon to be involved in the business ong>ofong> insurance, a felony in violationong>ofong> 18 U.S.C. § 1033(e)(1)(B). (See United States v. Kernan, N.D.N.Y. 08-cr-61 (“U.S. v. Kernan”), Mar. 20, 2009 Minute Entry); U.S. v. Kernan, Plea Agreement (Dkt. 82); U.S. v. Kernan, Change-ong>ofong>-Plea Hr’g Tr. (Dkt. 84).) He was sentenced to five years ong>ofong> probation and the court imposed a 0,000 fine, a 0 special assessment, and 400 hours ong>ofong> community service. (U.S. v. Kernan, Judgment (Dkt. 103).) After his conviction, Kernan asked the New York State Department ong>ofong> Financial Services (“NYSDFS”) for permission to engage in the business ong>ofong> insurance in New York again. See Oriska Ins. Co. v. Avalon Gardens Rehab. & Health Care Ctr., LLC, No. 18-cv- 1030 (DNH/DEP), 2018 WL 6074693, at *3 (N.D.N.Y. Nov. ong>21ong>, 2018). On May 26, 2011, the NYSDFS issued a preliminary denial. Id. It then held a hearing in late 2011 to consider “(1) whether Attorney Kernan ‘demonstrated untrustworthiness’ within the meaning ong>ofong> section 1506(c)(1)(A) ong>ofong> the New York Insurance Law, such that he should be prohibited from acting ‘as a controlling person’ ong>ofong> Oriska; and (2) whether the preliminary denial ong>ofong> Attorney Kernan’s application for consent pursuant to 18 U.S.C. § 1033(e)(2) should be made final on the grounds that he demonstrated untrustworthiness or incompetency.” Id. at *4. 4 Based on that hearing, the NYSDFS Hearing Officer submitted a recommendation that the Superintendent ong>ofong> the NYSDFS deny Kernan’s request to engage in the business ong>ofong> insurance and “issue an order pursuant to Insurance Law § 1506(c)(1)(A) finding 4 When quoting cases, and unless otherwise noted, all citations and quotation marks are omitted, and all alterations are adopted. 14
ong>Caseong> 1:ong>21ong>-cv-014ong>21ong>-NGG ong>Caseong> ong>21ong>-ong>1564ong>, ong>Docong>ument 6, 1907/12/20ong>21ong>, Filed 05/27/ong>21ong> 3135847, Page Page23 15 ong>ofong> 27 ong>ofong> PageID 104 #: 2286 that  Kernan, as a controlling personong>ofong> Oriska Insurance Company, has demonstrated his untrustworthiness” and “directing  Kernan to terminate his ownership capacity at Oriska Insurance Company, including but not limited to providing legal or engineering services, or insurance agency services, by himself or by any member ong>ofong> his family or relative, directly or indirectly, to Oriska.” Id. The Superintendent issued a final determination and order adopting the hearing ong>ofong>ficer’s recommendation. Id. (citing N.D.N.Y. 18-cv-1030, Dkt. No. 47-4 at 3-4). Despite these restrictions, Kernan went on to represent Oriska in a subsequent insurance action in the Northern District ong>ofong> New York. Id. The court terminated his representation in that actionon the grounds that he had violated both provisions ong>ofong> the NYSDFS’s order. Id. at *7-9. The Appellate Divisionong>ofong> the New York Supreme ong>Courtong>, Fourth Department, suspended Kernan from the practice ong>ofong> law in New York for a period ong>ofong> five years following his felony conviction or until the terminationong>ofong> his federal term ong>ofong> probation, whichever was longer. In re Kernan, 66 A.D.3d 1497, 1497 (4th Dep’t 2009) (initial order ong>ofong> suspension); In re Kernan, 73 A.D.3d ong>21ong>9, 220 (4th Dep’t 2010) (final order ong>ofong> suspension). In reaching its conclusion, the Fourth Department considered the fact that Kernan’s “misconduct was willful and appears to have been committed for personal gain, and that respondent has failed to express remorse for his misconduct.” 73 A.D.3d at 220. The Fourth Department reinstated Kernan on June 12, 2015. See In re Kernan, 129 A.D.3d 1556, 1556 (4th Dep’t 2015). Kernan was reinstated to practice law in the Eastern District ong>ofong> New York around the same time. (In re Kernan, 10-mc-351, Order Reinstating Kernan (Dkt. 3).) The Eastern District ong>ofong> New York then disbarred him again, after he was directed by ECF order on two separate occasions to provide the court with proong>ofong> ong>ofong> his admission to practice law and failed to do so. (In re Kernan, 15