By: Thomas A. Mobilia and Barbara D. Goldberg In April 2020, as COVID-19 infections and deaths were surging exponentially, the New York Legislature enacted the Emergency or Disaster Treatment Protection Act (EDTPA). That legislation conferred broad immunity on health...
Appellate Updates
Legislative Alert: Governor Cuomo Issues Executive Order Granting Qualified Immunity to Medical Professionals Responding to the COVID-19 Outbreak
Governor Cuomo Issues Executive Order Granting Qualified Immunity to Medical Professionals Responding to the COVID-19 Outbreak On March 23, 2020, Governor Cuomo signed Executive Order No. 202.10, which temporarily suspends and modifies numerous laws and regulations in...
Legislative Alert: Governor Cuomo Vetoes 2 Proposed Bills Which Would Have Significantly Expanded Liability in Medical Malpractice and Other Personal Injury Actions
On June 21, 2019, the New York State Assembly passed two proposed bills (both which had previously passed the Senate), which if signed into law would have significantly expanded exposure in medical malpractice and other personal injury matters by revising CPLR Article...
Appellate Update: The Court Of Appeals Rules That There Is No Private Right Of Action Under Public Health Law §230(11)(b) For Bad Faith Reporting To The Office Of Professional Medical Conduct
In Haar v. Nationwide Mutual Fire Insurance Company, orthopedic surgeon Dr. Haar treated four patients who were injured in automobile accidents and insured by Nationwide Mutual Fire Insurance Company. Dr. Haar submitted claims to Nationwide in connection with each...
Legislative Update: New York State Legislature Advances Two Proposed Bills Which Can Significantly Expand Liability In Medical Malpractice And Other Personal Injury Actions
On June 21, 2019, the New York State Assembly passed two proposed bills (both of which had previously passed the Senate), which if signed into law can significantly expand exposure in medical malpractice and other personal injury matters by effectively doing away with...
Appellate Update: In re B.L. v. Lawsky
Infant Allowed into Medical Indemnity Fund Where Alleged Malpractice Occurred in Prenatal Period In re B.L. v. Lawsky: The Appellate Division, First Department Reaffirms that Enrollment In the Medical Indemnity Fund is Open to Infants Who Are Injured In The Couse Of...
Appellate Alert: Hernandez-Ortiz v. 2 Gold LLC
Appellate Division Upholds Order Granting Summary Judgment to Defendants In Hernandez-Ortiz v. 2 Gold, LLC, one of several class action lawsuits seeking damages for property damage and related expenses caused by Hurricane Sandy, Hon. Ellen Coin of the New York County...
Appellate Update: Revival Under Lavern’s Law Of Previously Dismissed Claims Is Not Appropriate Absent Strict Compliance With 2017 NY Senate Bill 7588 §4 By Barbara DeCrow Goldberg and Gregory Cascino Click here to read On January 31, 2018, after months of...
MCB Appellate Alert: Forman v. Henkin: New York’s Highest Court Allows For Discovery of Materials Contained In the “Private” Section of a Plaintiff’s Facebook Account
On February 13, 2018, a unanimous panel of the Court of Appeals held that a discovery request for certain photographs and other information contained in the “private” section of a plaintiff’s Facebook account is subject to the same standard as any other discovery...
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