Utica National Assurance Company issued a liability policy to Bond Painting Company. Bond’s employee was injured working at a construction project at premises leased by Amazon.com Services Inc. and filed a bodily injury action…
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/ Commercial Law & Contracts, Construction Law, Insurance, Labor & Employment Law
Every conveyance of property or of an interest in property from one person to another is prompted, or at least influenced, by economic considerations. The parties to the transaction may swap properties, or one party may transfer…
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/ Business Organizations, Taxation, Wills, Trusts, & Estate Planning
We touch upon several issues in this month’s update.
Negligent breach of contract: Courts recognize that a CGL policy does not cover breach of contract claims. But where the insured is accused of negligently performing its…
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/ Commercial Law & Contracts, Environmental Law, Insurance
Just last week, we reported that the 2025/26 NYS Budget Bill did not include a provision that would have increased the requirements for seeking Department of Health (DOH) approval of a material healthcare transaction (which…
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/ Administrative Law, Health, Mergers & Acquisitions
The U.S. Court of Appeals for the Seventh Circuit recently rejected an effort by the federal government to extend the federal Anti-Kickback Statute (AKS) to a marketing company in the absence of influence by the company over…
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/ Criminal Law, Health
We recently wrote about proposed legislation that would have substantially increased the existing reporting requirements for material healthcare transactions in NYS that have existed since Public Health Law (PHL) Article 45-A…
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/ Administrative Law, Health, Mergers & Acquisitions
On Thursday, May 29 at 12:00 PM, Benjamin Malerba and Sean Simensky will present the webinar, “Practice Transitions for the Practicing Dentist.”
This lecture is designed to inform dentists of some of the legal and practical…
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/ Business Organizations, Commercial Law & Contracts, Health, Mergers & Acquisitions
May is mental health month, the perfect time to address this important topic. Mental health and substance abuse disorders affect many families. These issues need to be considered in estate planning.
Mental health and…
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/ Family Law, Health, Wills, Trusts, & Estate Planning
The Supreme Court recently issued an opinion, resolving a circuit split, narrowing the sovereign immunity exception by limiting a trustee’s ability to pursue avoidance actions against the government when such action invokes the…
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/ Bankruptcy, Civil Procedure, Civil Remedies
On May 1, a whistleblower filed a complaint under the federal False Claims Act (FCA) against Aetna, Elevance Health (formerly Anthem) and Humana alleging that the insurers paid hundreds of millions of dollars in illegal…
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/ Civil Rights, Health, Insurance
The U.S. Attorney’s Office for the Eastern District of Pennsylvania announced on April 23 that Genexe, LLC (doing business as Genexe Health) and its parent company, Immerge, Inc., along with two of their executive…
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/ Criminal Law, Health
The 12 regional Medicare Administrative Contractors (MACs) were recently audited by the U.S. Department of Health and Human Services’ Office of Inspector General (OIG). Each of the MAC jurisdictions was found by the OIG to have…
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/ Administrative Law, Government Contracting, Health
A Second Circuit U.S. Court of Appeals decision refused an attempt to expand the scope of an insurance policy’s arbitration provision, creating the need for extra caution when interpreting policies.
In Ehrenberg v. Allied…
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/ Alternative Dispute Resolution (ADR), Bankruptcy, Insurance
Last month, Bloomberg carried an article about a “small but growing trend” of states that are either cutting their individual income taxes or phasing them out entirely.
According to the article, the states adopting these…
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/ Business Organizations, Taxation
John H. Fisher and his P.C. represented a client in a medical malpractice action filed on February 15, 2019, alleging that the defendant medical providers failed to provide proper prenatal care to the client, causing the…
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/ Insurance, Professional Malpractice, Real Estate - Residential
