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Advocate’s View: Assessing the transfer of risk and payments in personal injury and property damage claims
In construction disputes or other personal injury or property damage matters, counsel is often asked if the payment of alleged damages can be passed along to another entity or person. The typical legal avenues for passing along risk are contribution, indemnification and procuring of insurance clauses within contracts. “Contribution is available where two or more […]
Advocate’s View: Facing the issuance of out of state trial subpoenas
Two times during my career, I have witnessed opposing counsel issue traditional judicial trial subpoenas in a New York State Supreme Court proceeding outside New York state. The opposing attorneys did not avail themselves of the possible procedural avenues available for issuing a valid out-of-state subpoena. The presiding justices in the cases where I was […]
Advocate’s View: Advice to attorneys in preparation for a civil trial
Benjamin Franklin once said that “[b]y failing to prepare, you are preparing to fail.” While the saying is drastic, it is well recognized that in the context of preparing for a civil jury trial preparation is crucial to presenting a client’s best case. With reference to my own experience, as well as formal and informal […]
Advocate’s View: An update on non-recourse litigation loans
It has been three-and-a-half years since the publication of our last article on non-recourse litigation loans, which summarized the then-relevant legal and ethical implications of such loans when made to personal injury plaintiffs. At the time of the article’s publication in early 2012, proposed bills concerning regulation of non-recourse litigation loans had not managed to […]
Advocate’s View: Part 2: Accommodations for smaller employers
This is part 2 of a 2-part column. The first part was published in Thursday’s edition. Smaller employers not covered by the Family and Medical Leave Act are not required to provide the same protected unpaid leave. However, other statutes and protections may be implicated, including an employer handbook or policies. Furthermore, New York Executive […]
Advocate’s View: A look at employee requests for leaves of absence
This is part 1 of a 2-part column. The second part will be published in Friday’s edition. Employee requests for medical leaves of absence or accommodations to perform essential functions of a position often raise various issues of which both the employee and employer should be aware. This article focuses on various rights and obligations […]
Advocate’s View: Disclosure, interviews of corporate employee witnesses
CPLR 3101 requires the “full disclosure of all matter material and necessary in the prosecution or defense of an action.” Standard discovery demands almost always include a demand for the identification of witnesses and disclosure of the witnesses’ address or other contact information. Corporate parties will often disclose employee names, but refuse to provide contact […]
Advocate’s View: Court recognizes MAOs right of recovery
On Dec. 26, 2012, the Appellate Division, Second Department issued a decision holding that New York General Obligations Law (NY GOL) §5-335, insofar as it applied to Medicare Advantage Organizations (MAOs), was preempted by federal law since it would constrain contractual reimbursement rights under the Medicare Act, see Trezza v. Trezza, 2012 NY Slip Op […]
Case Digests
- Fourth Department – Bill of particulars: Harris v. Rome Memorial Hospital, et al.
- NYS Advisory Committee on Judicial Ethics – Accusations against co-judge: Opinion 22-148
- Fourth Department – Medicaid: Washington Center for Rehabilitation and Nursing Home v. NYS Dept. of Health
- Fourth Department – Criminal possession of a firearm: People v. Wilson
- Fourth Department – Promoting prostitution: People v. Watts
- Second Circuit – Class certification: Arkansas Teachers Retirement System V. Goldman Sachs Group Inc.
- Fourth Department – Show-up identification: People v. Waggoner
- Fourth Department – Association: Victory Village Tenants Assoc. v. Evergreen Communities, et al.
- Second Circuit – In personam jurisdiction: Kaplan v. Bank Saderat PLC
- Fourth Department – Labor Law: Verdugo v. Fox Building Group
- Fourth Department – Out-of-possession landlord: Truax v. M.D. Meyer’s Properties
- Fourth Department – Discovery: Sylvester v. Sanders
Law News
- Espinosa named general counsel at Greenlight Networks
- Barclay Damon hires attorney Matt Smith
- Rochester man sues Geneseo police, alleging false arrest, assault
- The Daily Record’s Power List for Intellectual Property 2023
- NY ethics panel says judges can join NRA
- Harter Secrest & Emery LLP names partner-in-charge of Buffalo office
- Banned professor sues SUNY Fredonia leaders
- Hochul signs law requiring unemployment insurance information from employers
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