By Ronald C. Burke, Esq on Feb 14, 2019 | 0 Comments
On January 29, 2019 a New York County Supreme Court Justice, in a ten page plus decision, dismissed a most unusual claim for personal injuries. Even assuming it is true as claimed, that a poster advertising the Showtime series show about a serial killer "Dexter" was so scary and startling that it...
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By Ronald C. Burke, Esq on Feb 21, 2019 | 0 Comments
On February 21, 2019 the New York Law Journal reported that 255 patients of an orthopedic surgeon from Poughkeepsie, Spyros Panos were awarded an aggregate of $140 million for claims related to unnecessary surgeries and lack of proper treatment. The 255 lawsuits were pulled from the Court system ...
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By Ronald C. Burke, Esq on Feb 25, 2019 | 0 Comments
On February 20, 2019, the appellate court hearing appeals from Nassau County agreed that a jury should decide whether a law firm had engaged in a widespread fraudulent marketing campaign aimed at the Hispanic community on Long Island. The plaintiff who was a struggling homeowner with an escalatin...
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By Ronald C. Burke, Esq on Feb 05, 2019 | 0 Comments
On January 30,2019, the appellate court covering Manhattan granted a law firm's motion to dismiss a legal malpractice action because there was a limited retainer agreement. The client had been expelled from the New York College of Osteopathic Medicine. The law firm agreed in writing to represent ...
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By Ronald C. Burke, Esq on Feb 08, 2019 | 0 Comments
On February 6, 2019 the appellate court for Richmond County reversed a trial Judge who denied a motion for summary judgment to an opthalmologist sued for failing to refer his patient to a neurologist. The patient presented to the opthalmologist complaining of pain in his right eye and a droopy ey...
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By Ronald C. Burke, Esq on Feb 11, 2019 | 0 Comments
On February 7, 2019, a Chicago Circuit Court Judge denied the motion of a hospital and obstetrician to set aside a jury verdict of $50.3 million awarded by a jury on October 9, 2018 to a baby born with profoundly disabling brain injuries. The 43 year old mother came to the hospital when she was fi...
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By Ronald C. Burke, Esq on Feb 19, 2019 | 0 Comments
The Appellate Division, Second Department issued two rulings this month arising out of motions to dismiss legal malpractice claims: one case from Rockland County favorable for attorneys and the other from Brooklyn favoring clients. In the Rockland County case the plaintiff claimed that they retai...
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By Ronald C. Burke, Esq on Feb 27, 2019 | 0 Comments
Yesterday, Judge John F. Keenan of the United States District Court for the Southern District of New York dismissed a wrongful death claim brought against JP Morgan Chase alleging that it caused a Senior Managing Director, on sick leave for severe depression, to take his own life. The Director ha...
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By Ronald C. Burke, Esq on Feb 22, 2019 | 0 Comments
On February 21, 2019, the appellate court covering Bronx County refused to reduce the largest jury award ever in New York for an ankle fracture. The jury awarded $6.1 million to a woman in her early 30's for past and future pain and suffering and another $2,547,054 for future medical expenses. Th...
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