Bus Company Denied Blanket Access to Plaintiff's Social Media Accounts
Social media accounts are discoverable but there must be proof they exist and may lead to discovery of relevant evidence.
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J.G. Wentworth Denied Request To Purchase Proceeds of Structured Settlement at $105,000 Discount
When cases settle involving a plaintiff who is less than 18 years old, oftentimes their recovery is paid out thru an annuity or contract that stretches out the payment over many years into the future. One of the reasons for doing this is to protect a young person from impulsively spending the ent...
Urologist Who Pleaded Guilty to Felony Assault Wins Dismissal of Malpractice Claim
On August 9, 2017 an Appellate Court covering Brooklyn affirmed a urologists pre-trial motion to dismiss a malpractice involving the loss of a testicle. The urologist had performed a procedure on the patient called a hydrocelectomy to remove fluid which had formed around the right testicle. Afte...
Legal Malpractice Defendant Not Entitled To Client's Communications With Replacement Counsel
A federal court Judge in Manhattan was asked to allow an attorney defending a legal malpractice claim, to learn what advice the new attorney gave to the client after he was replaced. The attorney was retained to assist the client in disputes arising from the clients financing of life insurance ...
Court Dismisses Claim of Gym Patron Who Blamed a Faulty Bench For Severing Her Pinky
In a decision this summer, a Manhattan Supreme Court Justice dismissed the claim of a gym patron against New York Sports Club who fell off a work bench that allegedly tipped over while she was doing abdominal crunches with a 30 pound kettlebell. According to the plaintiff, the kettlebell crushed ...
Personal Injury Claimant Who Filed For Bankruptcy Not Entitled to Recover Monetary Award
This summer a United States Bankruptcy Court Judge ruled against a personal injury claimant who had been awarded lost wages. The claimant was injured in an auto accident and collected a settlement of the full auto policy from the other driver--all before she filed for bankruptcy. Since the other ...
Disbarred Nassau County Attorney Sent to Prison For Stealing $785,000 From Clients
It was reported in todays New York Law Journal that Nassau County attorney, Steven Morelli has been sentenced to 2 and a half to 7 and a half years in prison for stealing settlement funds from approximately 17 different clients. Upon pleading guilty to these crimes, which include a felony, More...
Client Lost $985,000 Deposit on Purchase of Manhattan Condo--Attorney Held Liable
On July 31, 2017 Manhattan Supreme Court Justice Billings ruled that an attorney was negligent for failure to advise plaintiff of the applicable statute and regulation (related to deposits on the sale of condos). The buyer had made a deposit of $985,000 on the purchase of a condo and as per the...
Saudi Arabia Moves To Dismiss 25 Lawsuits Concerning 9/11 Attack
According to Reuters, yesterday Saudi Arabia asked a federal court Judge to dismiss 25 lawsuits claiming it aided and abetted the attacks of September 11, 2011. Though a U.S. government commission found no evidence of a direct link between Saudi Arabia and al Qaeda, it left open whether individu...
Malpractice Suit For Wrongful Death Thrown Out Due To Attorney's Improper Paperwork
On July 17, 2017 Bronx County Supreme Court Justice Capella dismissed a wrongful death medical malpractice action against a local hospital and nursing home brought by a son on behalf of his dead mother. The Complaint in the first lawsuit referred to the son as a proposed administrator. The hosp...
New York Attorney Alleged to Have Called in a Bomb Threat To Dodge Sanctions Hearing
Yesterday, the American Bar Association (ABA) reported that a Syracuse attorney will appear in Court on August 4, 2017 to enter a plea to allegations that she phoned in a bomb threat to avoid a hearing on an opposing lawyers request for sanctions against her. The bomb threat was called into a ...
A Lawyer's "Continuing Wrong" Will Extend Time For Filing Client's Suit
Appellate Court extends the deadline or statute of limitations for a client's breach of fiduciary duty claim finding that "where there is a series of continuing wrongs, the continuing wrong doctrine tolls the limitations period until the date of the...last wrongful act."
Beth Israel Hospital Not Responsible For Claimed Sexual Assault On Patient by Mammography Technician
On July 12, 20017, Justice Manuel J. Mendez, of the New York County Supreme Court agreed with Beth Israel Medical Center (BIMC) that it could not be held liable to a patient who claimed that she had been sexually assaulted by a radiology technician during the course of a bilateral mammogram. BIMC...
Law Firm Charged With 13 Year Delay in Prosecuting Suit Denied Dismissal of Legal Malpractice Claim
A law firm that delayed the prosecution of a defective ladder case for over 13 years will have to appear for a jury trial.
Parents of Boy Lost At Sea File Suit Against Family of Son's Best Friend
It was reported today on Local 10 News in Palm Beach County, Florida, that the parents of one of the two 14 year old boys who disappeared at sea in 2015 while fishing, have sued the family of their sons best friend and boating companion. The Cohens are the parents of Perry Cohen who disappea...
Jury Awards Patient $950,000 Verdict Against Her Psychologist For Rape
Yesterday, a Westchester County jurys verdict of $950,000 in favor of a patient against her clinical psychologist was upheld by Supreme Court Justice Terry J. Ruderman. The patient claimed that she was at her psychologists office during a therapy session when he suddenly and forcibly raped her....
Car Accident Victims Be Aware - You May Lose Your Right To Sue If You Challenge Your Insurer's Denial of No-Fault Benefits
On June 30, 2017 an upstate Appellate Court agreed that a lower Supreme Court Justice properly dismissed a car accident victims lawsuit for a wrist injury because he unsuccessfully challenged his insurers denial of "no-fault" benefits.
Two More Long Beach Sunbathers Run Over By Cop
On Sunday two sunbathers lying on a blanket at the the beach, were run over by a Long Beach, N.Y. cop going less than 5 mph while he made a 3 point turn. Both sunbathers were taken to the hospital with serious injuries reported.
Pedestrian Struck By Car - Bronx Jury Awards $750,000 For Simple Fracture of Tibia (Shin Bone) Reduced By Court To $450,000
On July 13, 2017, an Appellate Court covering the Bronx found that a jury award for a simple fracture of the tibia (shin) bone was too generous and reduced it from $750,000 to $450,000. The Trial Court had wanted to knock the verdict down from $750,000 to $250,000 but the Appellate Court thought ...
Motorist Injured in Car Accident Entitled to Jury Trial Based on Reduced Spinal/Knee Range of Motion
On June 15, 2017 a New York County Supremem Court Judge upheld the right of a car accident victim to proceed to a jury trial. The plaintiff was driving a car that was rear ended by the defendant's vehicle and claimed he suffered serious and permanent injuries to his back, neck and knee. The defen...
Patient's Estate Allowed To Add New Claim Against Hospital For Hiring Surgeon With History Of Disciplinary Actions
On July 5, 2017 the Appellate Division covering appeals in Brooklyn ruled in favor of a family who filed a wrongful death medical malpractice suit against Wyckoff Heights Medical Center. They wanted to assert new theories of liability against the hospital and the lower court Judge refused to allo...
Appellate Court Reinstates Claim Against Gastroenterologist for Death of 77 yr Old Patient
On July 7, 2017 a New York Appellate Court reinstated a medical malpractice - wrongful death suit against a gastroenterologist that had been dismissed by a lower court. This means the patient's family get to have their case decided by a jury. The undisputed facts were that a work up of the patien...
Suffolk County Jury's Verdict for Pain & Suffering of $475,000 Found Inadequate-Increased to $3.5 Million
Last month the Appellate Court covering Suffolk County said that a Suffolk County jury had unfairly found that a 33 year old construction worker was 25% to blame for his accident and inadequately compensated him with only $475,000 for past and future pain and suffering.
Medical Device Manufacturer Assessed for $25 Million Punitive Damages Award Wins Reduction
On July 2, 2017 a California trial judge reduced a $25.1 million dollar punitive damages jury award against Cardiovascular Systems,Inc. (CSI) to $2.27 million. The plaintiff was a management level employee of CSI which manufactured coronary vascular disease products. He alleged that CSI retaliate...
8th Grader Assigned by School to Close Sliding Gate Severs Tips Of Fingers--$600,000 Jury Verdict
On June 14, 2017, an Appellate Court upheld a Suffolk Couty jury verdict which found an elementary school responsible for carelessly assigning an 8th grade student to close a sliding gate without any instructions, supervision or warning. The 8th grade boy was not informed to be careful even thoug...
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