Michael Riccardi has been a reporter and editor at ALM publications for more than 20 years. A graduate of Villanova University's law school, he lives in Philadelphia. He can be reached at [email protected].
December 10, 1999 | Law.com
Film Star DiCaprio Escapes Most Claims in Assault SuitFilm star Leonardo DiCaprio cannot be sued for acting in concert with several cohorts who allegedly assaulted an individual, a judge in Manhattan ruled. But the actor still faces civil charges stemming from allegations that he encouraged his friends to beat a man outside a restaurant. The fight was over the man's girlfriend.
By Michael Riccardi
4 minute read
October 11, 1999 | Law.com
Russian Newspaper Cleared in Libel SuitAn author from the former Soviet Union now living in New York saw his libel suit dismissed in a case where he accused a Russian-language newspaper of insinuating he had been an agent of the former Soviet intelligence agency, the KGB. A Manhattan supreme court justice said pieces published in the world's largest Russian-language daily outside Russia were satirical and used hyperbole to illustrate their opinion of Lev Navrozov, who emigrated from the former Soviet Union in 1972.
By Michael Riccardi
3 minute read
November 24, 1999 | Law.com
Asbestos Defendant Stays in NYC School CaseA New York judge kept a key defendant in a lawsuit seeking reimbursement for asbestos abatement in New York City public schools. Basic Inc., according to Justice Stanley L. Sklar, is exposed to the potential liability faced by a manufacturer of a plaster containing asbestos since Basic bought the manufacturer in 1955. Sklar reasoned that Basic affected a "de facto merger" with its corporate predecessor, taking on its potential tort liability along with its assets.
By Michael Riccardi
4 minute read
December 16, 1999 | Law.com
Bronx Prosecutors Didn't Defame Ex-ColleaguesTwo former Bronx County Assistant District Attorneys who left the office before completing a four-year commitment have no cause of action for defamation when managers termed their departures as "firings," an appeals panel ruled. The court also said the ex-prosecutors had no valid complaint stemming from criticisms of the lawyers made by managers in the Bronx District Attorney's office and communicated to former colleagues, potential law partners and a bar admissions authority.
By Michael Riccardi
4 minute read
March 09, 2000 | Law.com
ADA Plaintiffs Have Burden of ProofPlaintiffs who claim that their employer has failed to make a required accommodation under the Americans with Disabilities Act have the burden of showing that a vacancy was available for a desired reassignment, the 2nd U.S. Circuit Court of Appeals ruled. Only when the plaintiff can prove that an available vacancy existed as a reasonable accommodation does the burden of persuasion shift to the defendant.
By Michael Riccardi
3 minute read
December 17, 1999 | Law.com
Diallo Trial Moves to AlbanyThe trial of four New York police officers accused of murder in the shooting death of Amadou Diallo was moved from the Bronx to Albany County by a unanimous state appellate court panel. In a per curiam opinion, the panel said it would impose the "extraordinary remedy" of a venue change because of the pretrial publicity. "...[T]his case has been deluged by a tidal wave of prejudicial publicity to such an extent that even an attempt to select an unbiased jury would be fruitless," the court said.
By Michael Riccardi
6 minute read
February 07, 2000 | Law.com
Judge Can't Order Child Welfare ActionSeparation of powers precludes a court from ordering New York's Administration for Children's Services (ACS) to file a neglect petition, a Queens, N.Y. Family Court judge said in an apparent case of first impression. In so doing, Judge Stephen J. Bogacz denied a motion by a child's law guardian that sought to compel ACS, an agency of the executive branch of the government, to file a child neglect petition.
By Michael Riccardi
3 minute read
April 06, 2000 | Law.com
Negligence Claim Against HMO StandsA health maintenance organization's unwarranted delay and confusion in processing requests for coverage may give rise to liability for negligence, a Manhattan judge ruled in a case of first impression. Judge Herman Cahn allowed negligence and gross negligence claims to go forward against an HMO in the case of a beneficiary seeking in-patient treatment for chemical dependency. Cahn said HMOs should be held to a high standard of care in performing their contractual obligations to consumers.
By Michael Riccardi
4 minute read
April 29, 1999 | Law.com
Court Approves Informed Consent Claims in Bone Screw CasesPlaintiffs who complain of injury as a result of receiving defective pedicle bone screws may press claims against doctors who did not inform them that federal regulators hadn't approved the medical devices as safe and effective for surgical implantation, a Pennsylvania appeals court panel announced late Tuesday. The long-awaited ruling in Southard v. Temple University Hospital overturns the decision taken in the coordinated litigation of dozens of cases.
By Michael Riccardi
9 minute read
April 15, 1999 | Law.com
Products Plaintiffs Entitled to `Heeding Presumption'In a case of first impression, a Pennsylvania appeals court has ruled that plaintiffs in products liability "failure-to-warn" suits are entitled to a rebuttable presumption that the absent warning would have been followed, if it had been given by the defendant. The ruling, announced Wednesday, favoring a "heeding presumption," makes it more feasible for plaintiffs to make the causation element of a claim for strict products liability.
By Michael Riccardi
4 minute read
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