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On June 19, 2018, a restaurant operator filed suit in Manhattan against the law firm of Seyfarth Shaw for missing time sensitive deadlines on the disclosure of experts resulting in the preclusion of their experts at the time of trial. During legal proceedings before the trial the Judge allegedly ...
On June 19, 2018, the appellate court covering Manhattan upheld the pre-trial dismissal of a wrongful death claim filed by the family of a 23 year old female who was electrocuted and burned to death when she came in contact with a downed live power line during Superstorm Sandy. Simply summarized,...
On May 7, 2018 a Queens County jury awarded $3,920,000 to the family of a 63 year old woman who died in 2012 as a result of malpractice in failing to promptly treat a post operative infection caused by a leaking colon. The patient had been diagnosed with uterine carcinoma and underwent a total ab...
Last week a United States Federal Court Judge from the Southern District of New York dismissed a legal malpractice claim of a woman who had been convicted of "misbranding drugs, conspiracy, mail fraud and wire fraud" and sentenced to three years in prison.She sued the law firm that unsuccessfully...
On June 15, 2018, a Manhattan jury held five property owners who managed the facilities at East River Plaza Shopping in East Harlem, responsible for the devastating brain and neck injuries suffered by Marion Hedges, age who was standing outside a Costco retail store with her son when she was struck in the head and neck by a shopping cart thrown off a roof at shopping mall in East Harlem.
Yesterday, a Boston jury sided with the Red Sox team and its owner who were sued by a female fan who was seriously injured when she was struck in the face by a foul ball hit by slugger David Ortiz. The Red Sox fan sued for $9.5 million claiming that she suffered multiple facial fractures and perm...
On June 11, 2018 former NYS Town of Guilderland Justice Richard Sherwood (voluntarily resigned when caught) pleaded guilty to money laundering, tax crimes and grand larceny. Sherwood provided estate planning for the estate of Warren Bruggeman, a top executive of General Electric who died in 2009....
On June 7, 2018, New York's highest appellate court clarified a longstanding rule regarding the liability of a municipality for failing to promptly install a recommended four-way stop sign at an intersection in the Town of Ontario. A motorcyclist with the right of way traveling north on Route 350...
On May 30, 2018 the appellate court covering Queens County refused to overrule a trial court Judge who had reduced a jury verdict from $2,251,663 to $1,200,000. The plaintiff construction worker was in the process of removing the fourth floor of a commercial building when a coworker requested his...
Earlier this month, the appellate court covering Brooklyn agreed with a trial court who refused to grant the motion of a workers compensation law firm to dismiss a legal malpractice claim. The plaintiff was injured on the job and hired the Polsky law firm to handle his claim for workers compensat...
Earlier this month the appellate court covering Brooklyn reduced a Brooklyn jury verdict of $9.5M in favor of a then 20 year old lady who was struck by a bus in Brooklyn while crossing Benson Avenue by 20th Avenue. The pedestrian crossed Benson Avenue in the cross walk with the light in her favor...
On Wednesday, a federal court jury found that Dr. Michael Belfiore, an osteopathic family medicine physician,who practiced in Merrick, New York had illegally prescribed oxycodone to two Nassau County residents. These two patients of Belfiore, (one of which was a combat veteran who served in Iraq)...
Two weeks ago the appellate court covering Queens County drastically cut a jury verdict from $5,000,000 to $575,000 to a 9 year old child for an injury which occurred shortly after birth. The question presented was the value of an injury that occurs when a portion of the small intestine is surgic...
On May 16, 2018, the appellate court covering Kings County overturned a lower court Judge who had dismissed a legal malpractice claim as being too speculative. In a nutshell, the client building owner hired a law firm to evict residential tenants on four floors. The law firm successfully vacated ...
Earlier this week, an intermediate appellate court covering the Bronx, granted a pre-trial motion which declared that a painter who fell from a ladder should win the case as a matter of law. A jury trial will determine how much to compensate the victim. There is a strict worker safety rule in New...
In a recent decision by Manhattan Supreme Court Justice Helen Madden, the defense in a delayed diagnosis of colon cancer filed a motion for summary judgment arguing that a radiologist should not be held responsible for failing to communicate the results of a Cat scan. The Court held that a jury s...
A Nassau County Supreme Court Justice wisely ruled on February 13, 2018, that a law firm representing the husband in a divorce action cannot hire the associate attorney from the wifes law firm without disqualifying the husbands law firm. Imagine divulging your secrets to an attorney in the mids...
This month, a Michigan Supreme Court threw out a $20 million verdict awarded to the Estate of a woman who died after a surgeon operated on her brain by mistake and without consent. The family of the victim suffered two tragedies-death and a zero for a recovery caused by carelessness of a hospital and an attorney.
On February 15, 2018, the Court of Appeals ruled in favor of a medical malpractice plaintiff and refused to dismiss a late filed lawsuit saying a jury should decide the issue. The plaintiff was treated by the defendant orthopedist for chronic shoulder problems beginning in 1998. The patient under...
Yesterday, the Manhattan District Attorneys Office reported that Paul Richard Karan, age 81, had pleaded guilty to grand larceny from multiple families trusts accounts. He admitted stealing over $2.6 million dollars from his unsuspecting clients who trusted him. Manhattan DA Cyrus Vance Jr. stat...
On February 6, 2018, the United States Court of Appeals, Second Circuit (which handles appeals from federal court trials in Connecticut and New York) upheld a jury verdict of $41.5 million to a 15 year old female high student. The students parents sued their daughters High School for failing to...
Today, the New York Court of Appeals issued a ruling allowing broad disclosure of photographs and messages posted on Facebook. Moreover, it allowed the disclosure of the data revealing the timing and number of characters in posted messages (which) would be relevant to plaintiffs claim that she ...
Last week an upstate appellate court upheld the dismissal of a hospital resident from a medical malpractice suit on the ground that he was in training and did not exercise independent medical judgment during the operation. However, the orthopedic surgeon who was supervising the resident must now stand trial.
On February 6, 2018, Boston Scientific lost its appeal to the Fourth Circuit in an attempt to over turn a favorable jury verdict which awarded $14.5 million to 4 women who were injured by a defectively designed pelvic mesh. The jury awarded each of the 4 women punitive damages in the aggregate am...
On January 18, 2018, a Manhattan Judge declared that the MTA was responsible for the injuries suffered by a sandhog who fell off an unsecured 8 foot straight metal ladder. The sandhog proved that while attempting to gain access to an elevated height (where he was required to spray concrete) in a ...
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