Chipping Away at Fraud Article
This battle has been going on for several years and continues. We previously told you about a recent First Department case “Is the Tide Turning” where the Appellate Division allowed a plaintiff to be questioned at his deposition about RICO suits.
Aggressive Defense Provides a Win
Knowing and applying key jurisdictional issues can mean the difference between an early dismissal of a case against a client or having to defend a case for years and incur mounting legal fees.
Trending: Court of Appeals Slams Door on Expanded Liability
It is a never-ending battle. Plaintiffs seek new ways to expand liability, and defendants resist and urge courts to hold the line on expanding liability. Recently, the New York Court of Appeals declined an invitation to expand liability to allow recovery for emotional suffering in medical...
The Jury Spoke: Give Them Every Single Penny They Spent
A Minnesota county jury recently returned a verdict of almost $1 million, in favor of a Gerber Ciano Kelly Brady client, represented by Partners Frank Ciano and Michael Brophy, who sought recovery of its litigation defense costs and attorney’s fees under a contractual indemnity agreement...
Is the Tide Turning? Appellate Division Allows Plaintiffs to Be Questioned About Civil RICO Suits
Since 2020, insurers have instituted civil RICO lawsuits against doctors, medical providers, and plaintiffs’ firms to combat potentially fraudulent personal injury claims.
Good News for Judgement Creditors: No New York Ties? No Problem
Obtaining a judgment in a case is one thing, but knowing what to do with that judgment is equally important. Knowing what to do with a judgment can make the difference between satisfying that judgment with assets or having a worthless paper judgment.
Trending: Courts Push the Envelope to Find Liability in Tragic Situations
Two recent cases demonstrate how courts can expand liability to find responsibility. While these cases are in the preliminary stages, they provide insight into how the plaintiffs’ bar is using novel theories to attempt to establish liability.
Not Even Time for Lunch: Jury Delivers Defendant's Verdict in 50 Minutes
Everyone knows that getting people to agree is difficult and it is even harder to get six people sitting on a jury to agree on a verdict, let alone in short period of time.
Untying a Knot: Securing Summary Judgement in a Complex Chain-Reaction
Chain-reaction motor vehicle collisions often raise complex and contested questions of liability, but a laser-focused investigation and a determined defense can make the difference.
Client Alert: New York Commercial Division Formalizes Process for Amicus Curiae Briefs -What Business Litigants Need to Know
Attention to changes with court rules is essential, as they can alter litigation dynamics. The New York State Unified Court System’s new rule concerning amicus curiae briefs in the Commercial Division formalizes a uniform process for third-party input in high-stakes commercial disputes.
