Anyone injured in an accident allegedly caused by the negligence of another can sue for pain caused by the injury. The increasing number of surgeries injuries from accidents is now a major focus of defendants and the...more
As the Age of AI dawns, there is concern that it will take over much of the work we all do and make us less important and perhaps useless. We even fear it will be intelligent enough to overpower us all. But let us not...more
How did the fate of Brittney Griner, an American professional basketball player for the Phoenix Mercury of the Women’s National Basketball Association, cross paths with Viktor Bout, a Russian arms dealer serving a twenty-five...more
When a resident of a nursing home suffers from severe pressure ulcers any claim against the facility may initially seem indefensible. But careful evaluation of the record may very well show that not to be the case. If there...more
The defamation cases brought by Johnny Depp and Amber Heard against each other, entertaining as they were to many Americans, involved complex issues of law as applied to the facts alleged by the parties. For the jury to reach...more
6/3/2022
/ Defamation ,
Federal Rules of Civil Procedure ,
Insurance Litigation ,
Interrogatories ,
Johnny Depp ,
Jury Instructions ,
Jury Trial ,
Jury Verdicts ,
Model Jury Instructions ,
Negligence ,
Proximate Cause
COVID-19 has caused many restaurants in the City of New York to close or greatly limit their service, preventing them from paying some or any of the rent to their landlords. In a case involving a restaurant on the upper east...more
Many businesses and other organizations have been forced to rely on an exclusively remote workforce. Consequently, conducting in-person interviews and on-site visits, as well as access to original documents, is more...more
For businesses that were shut down by COVID-19 a common question is whether there is coverage for business interruption. In New York, the answer is no. This should be the answer nationwide. Coverage for business interruption...more
9/3/2020
/ Business Interruption ,
Civil Authority Coverage ,
Commercial General Liability Policies ,
Commercial Insurance Policies ,
Commercial Property Owners ,
Coronavirus/COVID-19 ,
Denial of Insurance Coverage ,
Infectious Diseases ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
Loss Coverage ,
Personal Property ,
Policy Exclusions ,
Property Damage ,
Property Insurance
The other night the President tweeted: "In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens," "I will be signing an Executive Order to temporarily suspend...more
"Whatever the outer limits of that sovereignty may be, one thing is clear: The Federal Government may not compel the States to enact or administer a federal regulatory program." New York v. United States, 505 U.S. 144, 188,...more
In a case against a nursing home alleging bodily injury or personal injury, it is common to allege three causes of action. The first is medical malpractice. The second is negligence. And the third is a violation of Article 28...more
In Xiang Fu He v. Troon Management, Inc., et al. decided on October 24, 2019, the New York Court of Appeals held that section 7-210 of the Administrative Code of the City of New York "unambiguously imposes a nondelegable duty...more
Many commentators have noted that proving that a President committed "high crimes and misdemeanors" is not the same as proving that the President committed a crime. The history of the drafting of the Constitution shows that...more
Anyone who hires someone to do construction should ask the contractor to name them as an additional insured on the contractor's policy. The contractor may agree to provide the coverage but then may fail to follow the rules in...more
What You Need to Know about forming a company in the United States -
Many foreign businesses want to sell their services or their products in the United States. This article is intended to provide an overview of the issues...more
As Forrest Gump, said in the 1994 film: "My mom always said life was like a box of chocolates. You never know what you're gonna get." ...Life is a box of chocolates." The same thing can be said about picking Supreme Court...more
To start to Impeachment proceedings, a majority of the House of Representatives must vote to impeach the President. There's been a lot of talk lately about how the Democrats may immediately vote to impeach the President Trump...more
Children of recently deceased residents are often shocked at the condition of their parent's skin. Commonly, the nursing home is blamed. In most instances this blame is misplaced....more
In 2004, a physician specializing in pain management, opened a clinic. The prosecution asserted that the clinic was nothing more than a "pill mill" catering to people who were hopelessly addicted to pain medicine, primarily...more
Americans who travel abroad are sometimes injured in accidents, just like at home. Perhaps the most common accident is a slip and fall at a hotel or resort. Upon returning to the United States for treatment, the injured party...more
The Concealed Carry Reciprocity Act of 2017 amends the federal criminal code to allow an individual, eligible to carry a concealed firearm in his or her state of residence, to carry that handgun in another state, even in a...more
Everyone Has the Right to Refuse Life Saving Medical Treatment But New York Statutes Prohibiting Assisted Suicide Are Constitutional -
Kirk Kekorian, a medical doctor, brought nationwide attention to the idea of assisting...more
The Supreme Court and President Trump Agree -- Nursing Homes Plaintiffs May Be Required to Arbitrate -
A provision in a contract providing for care of a resident in a nursing home may require the parties to arbitrate any...more
Reversing First Department, New York Court Of Appeals Concludes "Act Or Omission" Language In Blanket Additional Insured Endorsement Requires Proximate Cause
Now For The Hard Part-Identifying The Claims Potentially...more
New York's Highest Court, the NY Court of Appeals, issued a decision holding that the phrase "caused by your acts or omissions" in the additional insured endorsement requires that the named insured wrongful actions be a...more