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By Lisa Giunta-Popeil, Esq. In February, Part 160 was added to the New York Rules of the Chief Administrative Judge and introduces a new framework for trial courts in approaching alternative dispute resolution. Despite seemingly minimal fanfare at the time of its...
By Michael J. Spithogiannis, Esq. Email Michael The New York Court of Appeals, by a unanimous bench, decided a question that has been highly contested throughout New York State emanating from the sale and demutualization of Medical Liability Mutual Insurance Company (“MLMIC”), a mutual insurance company in the business of issuing medical malpractice policies to doctors and other medical professionals…
By Michael J. Spithogiannis, Esq. & Floyd Grossman, Esq.Email MichaelEmail Floyd Federal and state governments regularly pass laws to protect consumers. It is up to private businesses to adapt. This requires a thorough, well-counseled understanding of legislative objectives. Two recent foreclosure cases illustrate how common sense and extra postage might have averted litigation disaster for the lender. The Home Equity Theft…
By Michael J. Spithogiannis, Esq.Email Michael Fundamentally, a judgment is a decree determining a lawsuit. If the plaintiff is awarded damages, the judgment will direct the defendant to pay. If the defendant refuses, it’s up to the plaintiff to find assets to seize. But what if the defendant hid or transferred assets to avoid paying? New York’s Debtor and Creditor…
By Michael D. Brofman, Esq. & Michael J. Spithogiannis, Esq.Email Michael BrofmanEmail Michael Spithogiannis Imagine winning litigation after being a defendant in a contract dispute and then having the plaintiff start another suit arising out of the same contract but on a different theory. That is essentially the issue that Weiss Zarett faced recently in its appeal to the Appellate Division…
By Michael D. Brofman, Esq. & Joshua D. Sussman, Esq. Email Michael Email Joshua The motion, called a preliminary injunction application, was heard Tuesday before the United States District Court for Eastern District of New York within three days of lawsuit being commenced. At argument before the Judge, after the Court noted that the competitor had not disclosed material facts…
By Joshua D. Sussman, Esq. Email Joshua Your Director of Sales suddenly quits and announces they are joining a direct competitor up the road. The new opportunity is in direct breach of their non-compete agreement, which prohibits them from competing with your company within ten miles of your office for two years after the end of their employment. What do…
As discussed in a prior client alert, in late-2018, MLMIC – a mutual medical malpractice insurance company – was sold to Berkshire Hathaway and “demutualized,” meaning it was converted from a mutual insurance company owned by its physician-policyholders to a stock insurance company owned by conventional shareholders. As part of that transaction, physicians covered by malpractice insurance policies issued by…
By David A. Zarett, Esq. Email David In a prior web alert, we discussed the sale and demutualization of Medical Liability Mutual Insurance Company (“MLMIC”), and how physician-policyholders insured by MLMIC between 7/2013 and 7/2016 were entitled to the proceeds arising from that transaction. We also discussed that MLMIC had an “objection” procedure for certain employers to have the money…
By Michael D. Brofman, Esq. On March 13, 2017, the United States District Court for the Middle District of Tennessee issued a ruling that the defendants in a pending civil action brought by the government under the False Claims Act (“FCA”) were not entitled to an automatic stay of proceedings as provided for in the U.S. Bankruptcy Code.[i] The case…
