Chief Administrative Judge Lawrence K. Mark’s December 29, 2020 Administrative Order includes several new rules that will be extended from the Commercial Division to other civil courts, including Supreme Court, the...more
Chief Administrative Judge Lawrence K. Mark’s December 29, 2020 Administrative Order includes several new rules that will be extended from the Commercial Division to other civil courts, including Supreme Court, the...more
Two recent New York Appellate Division Second Department decisions articulated the standards of review for appeal of orders entered upon the default of the appealing party for its failure to oppose a motion in two different...more
The First Department has limited the role of testimony as to custom and practice in establishing what a defendant physician did in a specific instance in medical malpractice cases in Guido v. Fielding, 190 A.D.3d 49 (2020)....more
In recent rulings, New York’s Second Department has clarified the standard to strike pleadings for violation of Court Orders. Contrasting the Tolkoff and Onyenwe cases shows how the Court distinguishes between a violation of...more
The Second Department of the Appellate Division, New York State Supreme Court, has limited the role of testimony as to custom and practice in establishing what a defendant physician did in a specific instance in medical...more
A New York Supreme Court allowed a Plaintiff to assert a statutory fraud claim in the context of deceptive business practices under New York General Business Law (“GBL”) § 349 against Plaintiff’s neurologist in conjunction...more
A risk retention group (RRG) is a state-chartered insurance company that insures commercial businesses and government entities against liability risks, including medical malpractice. In 2017, Oceanus Insurance Company, RPG,...more
12/24/2019
/ Appeals ,
Automatic Stay ,
Comity ,
Due Process ,
Full Faith and Credit Clause ,
Insolvency ,
Insurance Industry ,
Liquidation ,
Personal Jurisdiction ,
Public Policy ,
Stays
Recent outcomes in New York state underscore the need for defendants to challenge plaintiff’s novel causation theories and pursue a Frye hearing when applicable, particularly in the medical malpractice context when plaintiffs...more
Across the country each June, communities come together to celebrate Lesbian, Gay, Bisexual, Transgender and Queer (LGBTQ) Pride Month. This month of events honors the 1969 Stonewall Uprising in Manhattan while also...more
6/27/2019
/ Assault ,
Civil Rights Act ,
Constitutional Challenges ,
DOMA ,
Due Process ,
Employee Restrooms ,
Employment Discrimination ,
Equal Protection ,
Fifth Amendment ,
Gender Identity ,
Harassment ,
Hate Crimes ,
Historical Landmarks ,
Homosexuality ,
Legal History ,
LGBTQ ,
Murder ,
Obergefell v. Hodges ,
Restroom Legislation ,
Same-Sex Marriage ,
School Restrooms ,
SCOTUS ,
Sexual Orientation Discrimination ,
Title VII ,
Transgender ,
US v Windsor