Melito & Adolfsen P.C. Legal Articles
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...
NY Court of Appeals upholds $44 million contingency fee for 5 months work, concluding that to assess fairness would be “dangerous business”
The New York State Court of Appeals has ruled that a contingency fee agreement that netted Graubard Miller $44 million for five months' work was valid and enforceable. According to the court, the law firm took substantial risks by making the agreement with Alice...
NY Court of Appeals holds that a client’s failure to appeal bars a legal malpractice action only where the client was likely to have succeeded on appeal in the underlying action.
Addressing a question of first impression in Grace v. Law, et al., the Court of Appeals adopted the plaintiff-client's contention that a "likely to succeed" standard should be applied, rejecting the defendant-attorneys' contention that a malpractice claim should be...
NY Court of Appeals wrestles with whether insurer that responds to tendering insurer instead of to purported additional insured violates Insurance Law §3420(d) invalidating disclaimer
On 10/22/14, the Court of Appeals heard argument in Sierra v. 4401 Sunset Park. The Court had granted Scottsdale leave to appeal from the Second Department's ruling that Scottsdale's disclaimer to GNY, which had tendered an additional insured claim on behalf of its...
Do Lawyers Professional Liability Policies fall within the “no prejudice” amendments to New York’s Insurance Law for late notice?
The New York State Insurance Department has issued an ambiguous opinion taking the position that the amendment to Insurance Law §3420(a)(5), changing the "no prejudice" rule, applies to all liability policies, which arguably would include Lawyer Professional...
Defendant has counsel at trial but appellate court says trial judge’s evidentiary ruling denied him his right to counsel
Sometimes the legal result in a case just seems to make no sense. Here is one of those instances. A defendant was on trial. Another defendant had pled guilty in connection with the same crime. The defendant who was on trial wanted the jury to be informed that the...
Judge in NY County Supreme Court encourages insured to appeal her decision, following Mighty Midgets case, ruling that insured is not entitled to recover attorneys’ fees in affirmative DJ action
In a highly unusual decision, Judge Shirley Kornreich in Madison 96th Associates v. 17th East Owners Corporation, 43 Misc.3d 1210(A), denied an attorney-fee award to a prevailing plaintiff-insured in a declaratory judgment action but encouraged the insured to appeal...
How one family’s horrific loss of their daughter is shedding light on the complexities of establishing “the right to be forgotten” on the internet
An 18-year-old woman was decapitated when she drove her father's sports car into the side of a concrete toll booth in California. The California Highway Patrol (CHP) secured the scene and took photographs. It was so horrific that the local coroner did not allow the...