Melito & Adolfsen

Nursing Home Lawsuits - The Need to Ensure Best Practices in Clinical Record Keeping

As more and more lawyers focus their attention on bringing claims against Skilled Nursing Facilities in the State of New York, we cannot underestimate the importance of ensuring best practices in clinical record keeping. …more
| Personal Injury, Health, Professional Malpractice

In New York, when is a Nursing Home or Hospital liable for the malpractice of a doctor who treats one of its patients? -- Mduba and the question of agency.

In New York, some courts have held that “the person who avails himself of hospital facilities has a right to expect satisfactory treatment from any personnel who are furnished by the hospital.” Mduba v. Benedictine Hospital 52…more
| Civil Procedure, Health, Professional Malpractice

In Front, Inc. v. Khalil, NY Court of Appeals refuses to extend absolute immunity from defamation claims accorded litigation communications to pre-litigation communications, like cease-and-desist letters, granting them qualified immunity instead

Answering the open question of whether pre-litigation communications by attorneys are entitled to the same absolute privilege from defamation claims as litigation communications, the Court of Appeals has just held that they are…more
| Civil Procedure, Law Practice Products & Services, Personal Injury

Federalism and States' Rights -- A Never Ending Battle

Is Alabama Chief Justice Roy Moore out of touch with reality? How can a State Supreme Court Judge defy the ruling of a United States District Court? Because he feels he can. Remember Little Rock, Arkansas in 1954 and the…more
| Civil Rights, Conflict of Laws, Constitutional Law, Criminal Law

Second Circuit to address case of first impression by Plaintiffs against U.S. charities supporting violent fringe settler groups in West Bank

In a case of first impression, on April 15, 2015, the United States Court of Appeals for the Second Circuit will hear the case of Ahmad v Foundation for International Research and Education, DBA Christian Friends of Israeli…more
| Civil Procedure, Personal Injury, International Law & Trade, Taxation, Nonprofit Law

NY Court of Appeals rules that insurer responding to tendering insurer instead of to purported additional insured violates Insurance Law §3420(d) invalidating disclaimer

In Sierra v. 4401 Sunset Park, the Court of Appeals affirmed a ruling by the Second Department that Scottsdale’s disclaimer to GNY, which had tendered an additional insured claim on behalf of its insured, 4401 Sunset Park, was…more
| Civil Procedure, Commercial Law & Contracts, Insurance

New York Court of Appeals rules that the cyber-bullying law was too broad and vague

Cyber bullying is a painful concern to parents all across America. In New York, a county enacted a cyber-bullying law intended to stop these electronic communications. The law defined cyber-bullying as electronic communications…more
| Communications & Media Law, Criminal Law

Beware of the possibility that jurors may be tweeting and blogging during trial—ignoring admonitions from the trial judge. One federal judge concludes posting tweets about the case during trial does not constitute talking about the case with others.

Many people cannot control their social media impulses and this is now becoming an issue during trials. Disregarding the court’s instructions that jurors are not to discuss the case with anyone during the trial, there are…more
| Civil Procedure, Communications & Media Law, Science, Computers, & Technology

Addressing an issue of first impression, Connecticut Supreme Court concludes that Insurance Guaranty Association is not estopped by the sins of its insolvent charge

In Connecticut Ins. Guaranty Association v. Joshua Drown, the Connecticut Supreme Court addressed, as an issue of first impression, whether an insurer’s preinsolvency breach of its duty to defend a claim during an underlying…more
| Bankruptcy, Civil Remedies, Commercial Law & Contracts, Finance & Banking, Insurance

NY Court of Appeals upholds $44 million contingency fee for 5 months work, concluding that to assess fairness would be “dangerous business”

The New York State Court of Appeals has ruled that a contingency fee agreement that netted Graubard Miller $44 million for five months' work was valid and enforceable. According to the court, the law firm took substantial risks…more
| Civil Procedure, Civil Remedies, Commercial Law & Contracts

NY Court of Appeals holds that a client’s failure to appeal bars a legal malpractice action only where the client was likely to have succeeded on appeal in the underlying action.

Addressing a question of first impression in Grace v. Law, et al., the Court of Appeals adopted the plaintiff-client’s contention that a “likely to succeed” standard should be applied, rejecting the defendant-attorneys’…more
| Civil Procedure, Professional Malpractice

NY Court of Appeals wrestles with whether insurer that responds to tendering insurer instead of to purported additional insured violates Insurance Law §3420(d) invalidating disclaimer

On 10/22/14, the Court of Appeals heard argument in Sierra v. 4401 Sunset Park. The Court had granted Scottsdale leave to appeal from the Second Department’s ruling that Scottsdale’s disclaimer to GNY, which had tendered an…more
| Civil Procedure, Commercial Law & Contracts, Insurance

Do Lawyers Professional Liability Policies fall within the “no prejudice” amendments to New York’s Insurance Law for late notice?

The New York State Insurance Department has issued an ambiguous opinion taking the position that the amendment to Insurance Law §3420(a)(5), changing the “no prejudice” rule, applies to all liability policies, which arguably…more
| Administrative Law, Civil Procedure, Commercial Law & Contracts, Insurance, Professional Malpractice

Defendant has counsel at trial but appellate court says trial judge's evidentiary ruling denied him his right to counsel

Sometimes the legal result in a case just seems to make no sense. Here is one of those instances. A defendant was on trial. Another defendant had pled guilty in connection with the same crime. The defendant who was on trial…more
| Civil Procedure

Judge in NY County Supreme Court encourages insured to appeal her decision, following Mighty Midgets case, ruling that insured is not entitled to recover attorneys’ fees in affirmative DJ action

In a highly unusual decision, Judge Shirley Kornreich in Madison 96th Associates v. 17th East Owners Corporation, 43 Misc.3d 1210(A), denied an attorney-fee award to a prevailing plaintiff-insured in a declaratory judgment…more
| Civil Procedure, Civil Remedies, Insurance
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Contact

233 Broadway
New York, New York 10279-0118, United States

Contact: Louis G. Adolfsen

  • (212) 238-8900
  • (212) 238-8999

Areas of Practice
  • Appellate Practice
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Insurance
  • International Law & Trade
  • Litigation
  • Personal Injury
  • Products Liability
  • Toxic Torts
Locations
Other U.S. Locations
  • New Jersey
Number of Attorneys

11-24 Attorneys

This profile may constitute attorney advertising. Prior results do not guarantee a similar outcome. Any correspondence with this profile holder does not constitute a client/attorney relationship. Neither the content on this profile nor transmissions between you and the profile holder through this profile are intended to provide legal or other advice or to create an attorney-client relationship.

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