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On April 18, 2019 an appellate court covering Manhattan ruled that a pro se plaintiff's claims of excessive billing, churning and redundant fees to proceed to trial. The law firm sued had been provided a draft
Yesterday, an appeals court covering Manhattan found that a 69 year old man who fell down a defective NYC subway staircase was entitled to no more than $600,000 for 10 years of future pain and suffering.
Yesterday, the appellate court covering Brooklyn reversed Judge Gloria M. Dabiri and compelled Wyckoff Heights Medical Center to disclose the audit trail of a patient's hospital chart. The patient sued alleging malpractice in his post operative care leading to a below knee amputation. The audit t...
On March 7, 2019 a federal jury in Miami found that a physician employed by Royal Caribbean Cruises was negligent and caused the death of a man celebrating his 70th birthday with his family. It was claimed that a significant cardiac abnormality causing the passenger shortness of breath could have...
On March 6, 2019, an appellate court covering appeals from Westchester County jury trials agreed to uphold an award of $500,000 in punitive damages and $450,000 in compensatory damages to a female patient of a psychotherapist. The jury agreed that not only did the psychotherapist forcibly rape hi...
Yesterday a West Virginia jury awarded almost $17 million to a 52 year old woman injured during the chase to capture a fleeing shoplifter at a local Walmart's. It was claimed that Walmart failed to follow industry best practices and its own internal policies regarding the detention of shoplifters...
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...
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...
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...
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 ...
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...
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...
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...
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...
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 ...
On January 30, 2019, the appellate court covering Queens County reaffirmed a longstanding legal concept - you can't sue your adversaries attorney's for legal malpractice. The defendant law firm had represented the plaintiff's opponents in a prior action. The Court properly dismissed claims of leg...
On January 24, 2019, the appellate court covering Manhattan allowed a data mining company, retained by the defense in a personal injury case, to determine the date photos of plaintiff playing basketball were posted. Plaintiff was a semi-pro basketball player who claimed he could no longer play du...
On January 3, 2019, the appellate court covering civil trials in Manhattan, overruled a trial judge who declined to throw out a jury verdict awarding $530,000 to a woman who fractured her ankle because of a fall on a staircase. The defendant premises owner operated a restaurant with a staircase. ...
On January 11, 2019, Justice Peter Sweeney of the Kings County Supreme Court denied a motion to dismiss a legal malpractice claim against a personal injury attorney who neglected to file a Notice of Claim against the City of New York within 90 days of the accident. The plaintiff suffered injurie...
On January 17, 2019, a Manhattan attorney, Marla Stein, who was convicted of income tax fraud following a guilty plea, was declared to have paid for her crime and will not be disbarred, as per the decision of the Appellate Division, Second Department. This attorney's husband, a vascular surgeon n...
On January 11, 2019 Justice Paul Marx of the Orange County Supreme Court refused to authorize the payment of appellate fees and litigation funding expenses out of a brain damaged baby's malpractice settlement funds.The plaintiff's attorney arranged a sale of proceeds or loan of approximately $5,0...
Last week Suffolk County Supreme Court Justice Sanford N. Berland lambasted a local gynecologist for attempting to enforce an agreement his medical group demanded be signed by all their patientr estricting the right to sue and limiting their selection of medical experts. Dr. Benjamin Schwartz of ...
Earlier this week Nassau County Supreme Court Justice Denise Sher gave final approval to a $25,000,000 settlement that the Nassau County Legislature authorized to resolve the claims of a car accident victim. The plaintiff was 17 years old when while driving her car she was broadsided by another c...
On January 3, 2019 a disgruntled client filed suit against an attorney because his widely publicized racist rant was captured on video and the media publicly outed the names of his clients. In May 2018 Aaron Schlossberg, who practices law in Manhattan, was videotaped berating a restaurant employe...
An appellate court covering Ulster County upheld a jury verdict which awarded $500,000 for one month of pain and suffering to the family of a patient who died due to unrelated complications of cancer. The patient was admitted to Kingston Hospital for cancer care but the evidence revealed that the...
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