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Last week an appellate court held that a New York, Niagara County Supreme Court Justice violated the First Amendment rights of a family suing a hospital and physicians for prematurely declaring their father dead and delaying emergent heart surgery for hours. The decedent was brought to an emergen...
On August 7, 2019, an appellate court reversed a Nassau County Supreme Court Justice and agreed to dismiss a legal malpractice claim based on a claim that the attorney's malpractice compelled it to settle a lawsuit. The underlying case was a claim for damage to a commercial building in Port Washi...
Yesterday, the Child Victims Act became effective paving the way for thousands of victims to file suits for money damages arising out of sexual abuse. This legislation increases the time during which sexual predators may be held both criminally and civilly liable. Under this new law victims of se...
On August 21, 2019 an appellate court revived a medical malpractice claim that had been dismissed against a urologist and Huntington Hospital located in Suffolk County, New York. A 13 year old boy presented to the emergency room at Huntington Hospital complaining of pain in the lower right side o...
In a recent decision by a Supreme Court New York County Justice, the subject of sealing court filings from public disclosure was reviewed. The widow of a world famous celebrity--the late Glenn Frey, asked the Justice George Silver for an Order "sealing the entire file in this action" pursuant to ...
On July 31, 2019, a client suing an attorney for two different complaints of malpractice, lost one claim and the other survived to be scheduled for a jury trial. It was claimed that the attorney was negligent "during proceedings arising from plaintiff's operation of a biofuel business". The lower...
A plastic surgeon will have to stand trial on a patient's malpractice complaint that his surgery caused total vision loss in her left eye. The plaintiff/patient was a 35 year old woman who agreed to undergo multiple procedures in 2015 to ...
Yesterday, a real estate developer filed a legal malpractice complaint in New York County against Herrick Feinstein, LLP, claiming that his lawsuit against a former business partner was irreparably damaged because a federal court Judge won't allow expert testimony at the trial in November due to...
On July 24, 2019, an appellate court reviewed a Westchester County jury verdict that was claimed to be so low and inadequate as to "deviate materially from what would be [considered] reasonable compensation." The plaintiff was 30 years old at the time of trial and had fractured his ankle in a mot...
On June 11, 2019 an appellate court upheld the suspension of attorney for 18 months. During the course of representing a female client in a domestic relations matter, the client and attorney admittedly texted intimate photographs of each other along with sexually explicit messages. The client cla...
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