Melito & Adolfsen P.C. Legal Articles
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...
The Backstory on the Second Circuit Dismissal of Sokolow v. The PLO for Lack of Personal Jurisdiction and the Plan to “Economically Destroy” the PA
On August 31, 2016, the United States Court of Appeals, ruling on an issue the PLO and PA had been making since Sokolow was commenced in 2004, dismissed the case for lack of personal jurisdiction. But there is more to the Sokolow case than what can be found in the...
Dismissing Lawsuits Against Owners of New York Nursing Homes
There are many state and federal statutes which provide personal liability against the owners of businesses that are operated through corporate or other legal forms such as Limited Liability Company's ("LLC's"). One such statute is New York's Public Health Law...
Common Misunderstandings about “The One Motion Rule” In New York Practice
In discussing the timing of a motion for summary judgment, lawyers will often refer to "the one motion rule." There is no such rule as to summary judgment. "The one motion rule" is a statutory rule that applies only to motions to dismiss on the pleadings.Under Civil...