Appellate Updates

Legislative Alert: Governor Cuomo Vetoes 2 Proposed Bills Which Would Have Significantly Expanded Liability in Medical Malpractice and Other Personal Injury Actions

On June 21, 2019, the New York State Assembly passed two proposed bills (both which had previously passed the Senate), which if signed into law would have significantly expanded exposure in medical...

Appellate Update: The Court Of Appeals Rules That There Is No Private Right Of Action Under Public Health Law §230(11)(b) For Bad Faith Reporting To The Office Of Professional Medical Conduct

In Haar v. Nationwide Mutual Fire Insurance Company, orthopedic surgeon Dr. Haar treated four patients who were injured in automobile accidents and insured by Nationwide Mutual Fire Insurance...

Legislative Update: New York State Legislature Advances Two Proposed Bills Which Can Significantly Expand Liability In Medical Malpractice And Other Personal Injury Actions

On June 21, 2019, the New York State Assembly passed two proposed bills (both of which had previously passed the Senate), which if signed into law can significantly expand exposure in medical...

Appellate Update: In re B.L. v. Lawsky

Infant Allowed into Medical Indemnity Fund Where Alleged Malpractice Occurred in Prenatal Period In re B.L. v. Lawsky: The Appellate Division, First Department Reaffirms that Enrollment In the...

Appellate Alert: Hernandez-Ortiz v. 2 Gold LLC

Appellate Division Upholds Order Granting Summary Judgment to Defendants In Hernandez-Ortiz v. 2 Gold, LLC, one of several class action lawsuits seeking damages for property damage and related...

Appellate Update: Revival Under Lavern’s Law Of Previously Dismissed Claims Is Not Appropriate Absent Strict Compliance With 2017 NY Senate Bill 7588 §4  By Barbara DeCrow Goldberg and Gregory...

MCB Appellate Alert: Forman v. Henkin: New York’s Highest Court Allows For Discovery of Materials Contained In the “Private” Section of a Plaintiff’s Facebook Account

On February 13, 2018, a unanimous panel of the Court of Appeals held that a discovery request for certain photographs and other information contained in the “private” section of a plaintiff’s...

Appellate Update: Governor Cuomo Signs Lavern’s Law

Appellate Update:  Governor Cuomo Signs Lavern’s Law Tolling the Statute Of Limitations For Malpractice Actions Alleging A Failure To Timely Diagnose Cancer       On January 31, 2018, Governor...

Appellate Update: B.F. v. Reproductive Medicine Associates of New York

On December 14, 2017, a 5-1 majority of the Court of Appeals held that although the 2 ½-year statute of limitations for medical malpractice actions normally runs from the malpractice, a new...

Gregory A. Cascino, Esq. joins MCB’s Appellate Practice Group

Martin Clearwater & Bell LLP is happy to announce that Gregory A. Cascino, Esq. has joined the Firm’s Appellate Practice Group. Prior to joining MCB, Greg worked at two law firms where he...

Legislative Alert: A Step Backward

By: Thomas A. Mobilia and Barbara D. Goldberg In April 2020, as COVID-19 infections and deaths were surging exponentially, the New York Legislature enacted the Emergency or Disaster Treatment Protection Act (EDTPA). That legislation conferred broad immunity on health...

Appellate Update: In re B.L. v. Lawsky

Infant Allowed into Medical Indemnity Fund Where Alleged Malpractice Occurred in Prenatal Period In re B.L. v. Lawsky: The Appellate Division, First Department Reaffirms that Enrollment In the Medical Indemnity Fund is Open to Infants Who Are Injured In The Couse Of...

Appellate Alert: Hernandez-Ortiz v. 2 Gold LLC

Appellate Division Upholds Order Granting Summary Judgment to Defendants In Hernandez-Ortiz v. 2 Gold, LLC, one of several class action lawsuits seeking damages for property damage and related expenses caused by Hurricane Sandy, Hon. Ellen Coin of the New York County...

Appellate Update: Revival Under Lavern’s Law Of Previously Dismissed Claims Is Not Appropriate Absent Strict Compliance With 2017 NY Senate Bill 7588 §4  By Barbara DeCrow Goldberg and Gregory Cascino Click here to read On January 31, 2018, after months of...

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