Melito & Adolfsen

Common Misunderstandings about “The One Motion Rule” In New York Practice

In discussing the timing of a motion for summary judgment, lawyers will often refer to “the one motion rule.” There is no such rule as to summary judgment. “The one motion rule” is a statutory rule that applies only to motions…more
| Civil Procedure

Clinton’s e-mails and a Lesson in Prosecutorial Discretion

“Although there is evidence of potential violations of the statutes regarding the handling of classified information, our judgment is that no reasonable prosecutor would bring such a case” Statement by FBI Director James B…more
| Criminal Law, Elections & Politics

The Supreme Court did not Condone the Conduct when it Vacated the Virginia Governor’s Conviction for Bribery

“There is no doubt that this case is distasteful; it may be worse than that. But our concern is not with tawdry tales of Ferrari’s, Rolex’s and ball gowns. It is instead with the broader legal implications of the government’s…more
| Criminal Law, Elections & Politics

Proposed Federal Anti-SLAPP Legislation -- Is “Big” Media Trying to Repress the Rights of Everyone to Sue for Defamation by Seeking Nationwide Legislation that Purports to Protect Ordinary People but is really for Big Media?

On May 13, 2015, The SPEAK FREE ACT of 2015, H.R. 2034, was introduced in the House of Representatives. The SPEAK FREE ACT is intended “to create a special motion to dismiss strategic lawsuits against public participation…more
| Communications & Media Law

New York’s First Department Holds That Classification Limitation Endorsement Is Part Of The Coverage Grant, Not An Exclusion, Meaning It’s Not Waivable Under Insurance Law

In Black Bull Contracting, LLC v. Indian Harbor Insurance Company, 2016 NY Slip Op 00002, New York’s Appellate Division, First Department recently concluded that a classification endorsement barred coverage, holding in the…more
| Civil Procedure, Commercial Law & Contracts, Insurance

The Second Circuit Swims Alone Against the Tide in Tossing ATS Claims against the Arab Bank

On December 8, 2015, the United States Court of Appeals for the Second Circuit upheld the District Court’s dismissal of claims by plaintiffs against Arab Bank, a corporation, under the Alien Tort Statute (the “ATS”) 28.U.S.C…more
| Business Organizations, Civil Procedure, Finance & Banking, International Law & Trade

The Connecticut Supreme Court, the U.S. Supreme Court and Pope Francis all address the death penalty

Are alleged sentencing arbitrariness in death penalty cases and a shift in public opinion setting the death penalty on the road to the U.S. Supreme Court? Last year, of the 31 states that allow capital punishment only seven…more
| Civil Rights, Constitutional Law, Criminal Law

Since when do Plaintiffs Class Action Firms shy away from a data hacking case? When the victims were pursuing extramarital affairs

AshleyMadison.com is a Canadian-based on-line dating service for the married or others in a committed relationship. Its slogan is “Life is short. Have an affair.” In July, hackers stole its customer data, including names,…more
| Communications & Media Law, Privacy, Science, Computers, & Technology

What’s the big hoopla in the City during the dog days of summer? Can the City arrest the topless women in Times Square for indecency.

For years, the Naked Cowboy, dressed in nothing but his underwear, hat, and boots and with a guitar has been posing with tourists in Times Square—causing barely a ripple in the news. This summer the women have joined in on the…more
| Art, Entertainment, & Sports Law, Civil Rights, Constitutional Law

Be Careful whom you friend on Facebook. When things go south, your next message may have a summons and complaint attached.

The few decisions addressing the propriety of service via social media reportedly are split on the issue. In a situation that is likely to become more common, a New York County Supreme Court Judge, Matthew Cooper, ruled…more
| Civil Procedure, Communications & Media Law, Family Law

NJ Court says no double recovery for alleged injuries in Nursing Home

On post trial motions, based on recent decisions of the NJ Appellate Division, a private plaintiff cannot assert a cause of action against a nursing home for failure to comply with statutes, rules and regulations, but only for…more
| Civil Procedure, Civil Remedies, Personal Injury

A mere reservation or rights by an insurer does not require the insurer to supply independent counsel to its insured

A bill recently introduced in the Illinois State Senate known as the Insureds Independent Counsel Act, while, if enacted, will only apply in that State, is instructive as to when an insurance company must supply independent…more
| Insurance

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
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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
  • Criminal Law
  • Debtor/Creditor
  • Insurance
  • International Law & Trade
  • Litigation
  • Personal Injury
  • Products Liability
  • Toxic Torts
See more
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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