Melito & Adolfsen

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

Contact: Louis G. Adolfsen

  • (212) 238-8900
  • (212) 238-8999

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

How one family’s horrific loss of their daughter is shedding light on the complexities of establishing “the right to be forgotten” on the internet

An 18-year-old woman was decapitated when she drove her father’s sports car into the side of a concrete toll booth in California. The California Highway Patrol (CHP) secured the scene and took photographs. It was so horrific…more
| Privacy

Judge Posner’s suggestion in his concurrence in U.S. v. Boyce to rewrite the hearsay rule and its exceptions is generating a lot of Debate

Judge Posner in the 7th Circuit, widely regarded as one of the more thoughtful judges, believes that “the ‘hearsay rule’ is too complex as well as being archaic.” In U.S. v. Boyce, Boyce was convicted of being a felon in…more
| Criminal Law

Connecticut Supreme Court addresses insurer standing to pursue DJ against another insurer, “known injury” exclusion, allocation and more in Travelers v. Netherlands

In Travelers Cas. & Sur. Co. of America v. The Netherlands Ins. Co., the Connecticut Supreme Court recently ruled on several significant insurance coverage issues, including whether an insurer has standing to pursue a…more
| Insurance

Whether faulty workmanship constitutes an "occurence" continues to be revisited by courts across the country

Is there a shift in the longstanding majority view, including in New York, New Jersey and Connecticut, that construction defect claims do not constitute an occurrence when the damage is to the insured’s own work because it lacks…more
| Commercial Law & Contracts, Construction Law, Insurance, Real Estate - Residential

Are counsel’s coverage opinions privileged in a subsequent coverage action with the insured? NY’s first department indicates not necessarily.

On 7/31/14, the First Department held that any documents that pre-date National Union’s disclaimer are not protected from disclosure by the attorney-client privilege or the work-product doctrine or materials prepared in…more
| Civil Procedure, Commercial Law & Contracts, Insurance

The Executory Accord

A litigator knows how to assert breach of contract. There may be other theories of liability as well, like anticipatory breach, interference with contract or unjust enrichment. But how many of you have ever heard of an…more
| Civil Remedies, Commercial Law & Contracts
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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

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