Notarized affidavits will not be required for court submissions starting in the new year. As of January 1, 2024, New York CPLR Rule 2106 is amended to permit that an affirmed statement can be used in a New York action...more
Under the Patient Safety Act (PSA), a health care facility’s incident and investigative reports are “absolutely privileged”, says the New Jersey Appellate Division. Earlier this month, the court held in Keyworth v. Careone at...more
An affidavit of merit is required to prosecute a professional negligence claim against an assisted living facility in New Jersey. The recent appellate decision of Priolo v. Shorrock Garden Care Ctr., No. A-3032-20, 2022 N.J....more
On April 26, 2022, the New York Court of Appeals described that in toxic tort cases a plaintiff can only establish liability-creating causation for an adverse health effect with “expert testimony based on generally accepted...more
After significant pushback from insurers and defendants, in late February the New York Legislature made amendments that reduce the burden of some of the original disclosure requirements of the Comprehensive Insurance...more
Defendants in New York are now required to automatically disclose expansive insurance information at the beginning of a lawsuit. Beyond just providing evidence of an insurance policy, the new version of the discovery rule...more
Residents of an assisted living facility cannot maintain a private cause of action for breach of the facility’s statutory bill of rights, based upon a New Jersey appellate ruling of June 15, 2021. In Estate of Burns v. Care...more
Disruption caused by the novel coronavirus (COVID-19) could impact the way senior living communities, such as assisted living residences and nursing homes, run their facilities. Medical and legal issues should be considered...more
On January 23, 2020, the New Jersey Supreme Court issued a favorable decision to landlords regarding snow and ice removal liability between a tenant and a landlord. In the case of Baldwin Shields v. Ramslee Motors, No. A-53,...more
A federal court in New York recently construed the meaning of a total disability definition where the insurance policy language includes residual disability coverage. The January 3, 2020 decision came from the U.S. District...more
Cases brought under the Child Victims Act (CVA) in New York City are on a temporary hold. On December 11, 2019, the Deputy Chief Administrative Judge of the New York City Courts issued an administrative order to manage CVA...more
A New York appellate court recently addressed whether a voluntary or proposed administrator has standing to bring an action on behalf of a deceased individual. In Rodriguez v. River Valley Care Center, Inc., the court held...more
In Spandex House v. Hartford Fire Insurance Company, an insurer prevailed in a breach of contract and declaratory judgment action arising from an underlying suit against its insured, Spandex House Inc. In the underlying...more