No fiduciary breach without respondeat superior
Court of Appeals, in a 6-1 decision arising from a certified question from the U.S. Circuit Court of Appeals, has held that an upstate health clinic is not liable for…
New York County Judge Rules Against the Joint Trial of Asbestos Cases
Within a recent decision, Judge George Silver of Supreme Court, New York County, held that since not all asbestos plaintiffs are created equal, the joint trial of several, bundled asbestos…
Beginning of the End for Medicaid Liens?
As recently reported, the United States Supreme Court recently heard oral argument in Delia v. EMA (briefs can be found here) on the issue of States recovering Medicaid expenses from the proceeds…
First Department Finds That Quantification of Environmental Contaminants Necessary for Plaintiff To Survive Summary Judgment
In Cleghorne, et. al. v. The City of New York, et. al., 2012 NY Slip Op. 06648 (1st Dept., October 4, 2012), the Appellate Division, First Department, dismissed Plaintiffs’ claims,…
New York Courts Continue to Deem Social Networking Sites Discoverable
As reported in the New York Law Journal, more and more New York courts have applied a liberal standard to the discoverability of a plaintiff’s social media information in personal…