Moore

December 12, 2024 | New York Law Journal

The authors write "This column reports on several recent significant decisions from the United States District Court for the Eastern District of New York. Judge Brian M. Cogan dismissed a claim for lack of subject matter jurisdiction. Judge Eric R. Komitee denied a motion to withdraw a guilty plea. And Judge Joan M. Azrack designated a case as complex for the purposes of exclusion of time under the Speedy Trial Act."

By Samuel Butt and John Moore

9 minute read

December 09, 2024 | New York Law Journal

The authors write "Over the past two decades, this column has on three occasions addressed the issue of whether defendants may seek apportionment under CPLR Article 16 with respect to former defendants in the action who obtained merits based dismissals of the claims against them on summary judgment. It has been our steadfast position that such apportionment is prohibited by collateral estoppel and law of the case doctrine. It seems axiomatic that once a defendant has been adjudicated to be not liable as a matter of law, that finding is the law of the case, for all purposes. Nevertheless, efforts by defense counsel to defend their clients or limit their liability by blaming their former co-defendants continue to persist."

By Thomas A. Moore and Matthew Gaier

14 minute read

October 10, 2024 | New York Law Journal

This column reports on several recent significant decisions from the U.S. District Court for the Eastern District of New York.

By Thomas Kissane and John Moore

8 minute read

September 30, 2024 | New York Law Journal

"A decedent's emotional distress from the fear of impending death is very much a compensable aspect of post-injury pain and suffering," write Thomas A. Moore and Matthew Gaier.

By Thomas A. Moore and Matthew Gaier

16 minute read

September 12, 2024 | New York Law Journal

This column reports on several recent significant decisions from the U.S. District Court for the Eastern District of New York.

By Samuel Butt and John Moore

9 minute read

August 08, 2024 | New York Law Journal

"The statute begins to run under the discovery rule not when the patient was diagnosed with cancer, but when patient knew ... that there was negligence," write Thomas A. Moore and Matthew Gaier.

By Thomas A. Moore and Matthew Gaier

16 minute read

June 13, 2024 | Daily Business Review

Currently, Meta is facing more than 50 class action lawsuits. Moreover, Congress has begun an inquiry into telehealth companies sharing patients' answers to medical intake questions with social media providers, including Meta.

By Andrew Coffman, Blake Adams and Jeff Moore

9 minute read

June 13, 2024 | New York Law Journal

This column reports on several significant representative decisions from the Eastern District of New York. Judge Frederic Block denied a motion to dismiss a putative class action based on claims of false or misleading food labeling. Judge Joan M. Azrack denied a motion for a reduction in sentence. Judge Eric R. Komitee denied defendant's motion to dismiss the indictment against him.

By Thomas Kissane and John Moore

9 minute read

June 03, 2024 | New York Law Journal

Over the past few years, there have been numerous decisions of interest from the Appellate Division involving issues related to discovery in medical malpractice and personal injury actions. These decisions demonstrate the continuing evolution of decisional law pertaining to various discovery issues.

By Thomas A. Moore and Matthew Gaier

12 minute read

May 09, 2024 | New York Law Journal

This column reports on several significant representative decisions from the U.S. District Court for the Eastern District of New York. Judge Ann M. Donnelly denied a motion to dismiss a complaint alleging claims of forced labor and trafficking and, in a second, unrelated matter, denied a mother's petition under the Hague Convention to repatriate her child to England. Chief Judge Margo K. Brodie denied defendants' motion to dismiss the indictment against them or for an in camera review of the grand jury minutes.

By Samuel Butt and John Moore

8 minute read