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Understanding What Needs to be Proved to Show Medical Malpractice, Negligence, or Violation of The Public Health Law in a Nursing...

In a case against a nursing home alleging bodily injury or personal injury, it is common to allege three causes of action. The first is medical malpractice. The second is negligence. And the third is a violation of Article 28...more

An Out-of-Possession Landlord Cannot Avoid Liability for a Fall on Snow and Ice Under a Statute Imposing Liability on an Owner...

In Xiang Fu He v. Troon Management, Inc., et al. decided on October 24, 2019, the New York Court of Appeals held that section 7-210 of the Administrative Code of the City of New York "unambiguously imposes a nondelegable duty...more

The Supreme Court and President Trump Agree -- Nursing Homes Plaintiffs May Be Required to Arbitrate

The Supreme Court and President Trump Agree -- Nursing Homes Plaintiffs May Be Required to Arbitrate - A provision in a contract providing for care of a resident in a nursing home may require the parties to arbitrate any...more

The Empire Strikes Back – Nursing Homes Enjoin Government’s Rule Barring Arbitration Clauses in Agreements with Residents

The way to stop a runaway train is to push the brake. The way to stop a runaway horse is to pull the reins. The way to stop a runaway jury is to demand arbitration. This September, the Centers for Medicare & Medicaid...more

The Supreme Court did not Condone the Conduct when it Vacated the Virginia Governor’s Conviction for Bribery

“There is no doubt that this case is distasteful; it may be worse than that. But our concern is not with tawdry tales of Ferrari’s, Rolex’s and ball gowns. It is instead with the broader legal implications of the...more

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