Melito & Adolfsen P.C. Legal Articles
Concealed Carry Reciprocity Act of 2017 — If you want to take your gun to New York, you could be facing criminal charges
The Concealed Carry Reciprocity Act of 2017 amends the federal criminal code to allow an individual, eligible to carry a concealed firearm in his or her state of residence, to carry that handgun in another state, even in a school zone, that allows individuals to carry...
In New York, It’s a Crime to Help Someone Commit Suicide
Everyone Has the Right to Refuse Life Saving Medical TreatmentBut New York Statutes Prohibiting Assisted Suicide Are ConstitutionalKirk Kekorian, a medical doctor, brought nationwide attention to the idea of assisting a terminally ill person to end his or life. For...
The Supreme Court and President Trump Agree — Nursing Homes Plaintiffs May Be Required to Arbitrate
The Supreme Court and President Trump Agree -- Nursing Homes Plaintiffs May Be Required to Arbitrate A provision in a contract providing for care of a resident in a nursing home may require the parties to arbitrate any dispute over injuries suffered by the resident at...
June 2017 Newsletter
New York • New Jersey • Connecticut 233 Broadway, NY, NY 10279 • 10th Floor • www.melitoadolfsen.com June 2017 REVERSING FIRST DEPARTMENT, NEW YORK COURT OF APPEALS CONCLUDES "ACT OR OMISSION" LANGUAGE IN BLANKET ADDITIONAL INSURED...
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 boundless interpretation of the federal...
New York’s Highest Court Limits Additional Insured Coverage
New York's Highest Court, the NY Court of Appeals, issued a decision holding that the phrase "caused by your acts or omissions" in the additional insured endorsement requires that the named insured wrongful actions be a proximate cause of the accident. The Court of...
The Empire Strikes Back – Nursing Homes Enjoin Government’s Rule Barring Arbitration Clauses in Agreements with Residents
The way to stop a runaway train is to push the brake. The way to stop a runaway horse is to pull the reins. The way to stop a runaway jury is to demand arbitration.This September, the Centers for Medicare & Medicaid Services (CMS), which is part of the U.S....
After United States v McDonnell: Can It Still be a Crime for a Politician to Try to Improve the Economy?
The New York Times provides the background for this fascinating question in its September 23, 2016 article, Physicist in Albany Corruption Case Was a Geek With Big Goals, by Vivian Yee. As Ms. Yee tells it:"For eight of the nine defendants charged on Thursday in the...
Home Grown Terrorism: The FBI and DEA Need to Drop “Sting Operations” and Focus on Americans Who Are Radicalized Here
A short while ago 49 people were killed in a club in Orlando Florida. Last week bombs exploded in NYC's Chelsea and Linden, New Jersey. These incidents reveal a very troubling issue for security in the United States. Each of the perpetrators of these crimes had been...
Dismissal of Charges Against Former Virgina Governor McDonnell is Another Lesson in Prosecutorial Discretion
On September 8, 2016, the United States moved to dismiss the charges against Robert F. McDonnell and his wife Maureen McDonnell. The reason given for the decision was short but thoughtful: "After carefully considering the Supreme Court's recent decision and the...