Melito & Adolfsen P.C. Legal Articles
Nursing Home Lawsuits – The Need to Ensure Best Practices in Clinical Record Keeping
As more and more lawyers focus their attention on bringing claims against Skilled Nursing Facilities in the State of New York, we cannot underestimate the importance of ensuring best practices in clinical record keeping. Because most claims against Skilled Nursing...
In New York, when is a Nursing Home or Hospital liable for the malpractice of a doctor who treats one of its patients? — Mduba and the question of agency.
In New York, some courts have held that "the person who avails himself of hospital facilities has a right to expect satisfactory treatment from any personnel who are furnished by the hospital." Mduba v. Benedictine Hospital 52 A.D.2d 450, 384 N.Y.S.2d 527 (3rd Dept....
In Front, Inc. v. Khalil, NY Court of Appeals refuses to extend absolute immunity from defamation claims accorded litigation communications to pre-litigation communications, like cease-and-desist letters, granting them qualified immunity instead
Answering the open question of whether pre-litigation communications by attorneys are entitled to the same absolute privilege from defamation claims as litigation communications, the Court of Appeals has just held that they are protected by a qualified privilege...
Federalism and States’ Rights — A Never Ending Battle
Is Alabama Chief Justice Roy Moore out of touch with reality? How can a State Supreme Court Judge defy the ruling of a United States District Court? Because he feels he can. Remember Little Rock, Arkansas in 1954 and the marchers in the streets chanting, "2, 4, 6, 8...
New York Judge weighs in on the need for a Right to be Forgotten law in the U.S. in a libel case by allowing service via the internet on an anonymous defendant.
A New York State Trial Court Judge granted a default judgment in a libel case after allowing the plaintiff to serve his lawsuit on the defendant on the website where the anonymous libel occurred.In Anonymous v. Anonymous Jane Does', 151769/2013, Justice Milton...
Second Circuit to address case of first impression by Plaintiffs against U.S. charities supporting violent fringe settler groups in West Bank
In a case of first impression, on April 15, 2015, the United States Court of Appeals for the Second Circuit will hear the case of Ahmad v Foundation for International Research and Education, DBA Christian Friends of Israeli Communities, where 13 residents of the West...
NY Court of Appeals rules that insurer responding to tendering insurer instead of to purported additional insured violates Insurance Law §3420(d) invalidating disclaimer
In Sierra v. 4401 Sunset Park, the Court of Appeals affirmed a ruling by the Second Department that Scottsdale's disclaimer to GNY, which had tendered an additional insured claim on behalf of its insured, 4401 Sunset Park, was invalid under 3420(d) because the...
New York Court of Appeals rules that the cyber-bullying law was too broad and vague
Cyber bullying is a painful concern to parents all across America. In New York, a county enacted a cyber-bullying law intended to stop these electronic communications. The law defined cyber-bullying as electronic communications intended to inflict harm on children...
Beware of the possibility that jurors may be tweeting and blogging during trial–ignoring admonitions from the trial judge. One federal judge concludes posting tweets about the case during trial does not constitute talking about the case with others.
Many people cannot control their social media impulses and this is now becoming an issue during trials. Disregarding the court's instructions that jurors are not to discuss the case with anyone during the trial, there are reports of jurors blogging about their...
Addressing an issue of first impression, Connecticut Supreme Court concludes that Insurance Guaranty Association is not estopped by the sins of its insolvent charge
In Connecticut Ins. Guaranty Association v. Joshua Drown, the Connecticut Supreme Court addressed, as an issue of first impression, whether an insurer's pre-insolvency breach of its duty to defend a claim during an underlying litigation estopped the plaintiff...