July 12, 2023 | New York Law Journal
Attempt to Block Unseal Names of Suretors Denied, Jurisdiction Under CAFA and Windfarm ConstructionJudge Joanna Seybert rejected Congressman George Santos's attempt to prevent unsealing the names of the suretors of a bond securing his release. Judge LaShann DeArcy Hall declined to exercise jurisdiction under the Class Action Fairness Act. And Judge Frederic Block denied a preliminary injunction motion that sought to halt construction on a windfarm off Montauk.
By Thomas Kissane and John Moore
10 minute read
June 05, 2023 | New York Law Journal
Certificate of Merit: Courts Continue to Grapple With RequirementAlthough it is a fairly simple procedure, it has occasionally necessitated litigation over the impact of a failure to so certify, as well as the nature of the certification required in certain types of cases. Thirty-seven years after the passage of this requirement, the courts continue to grapple with these questions.
By Thomas A. Moore and Matthew Gaier
15 minute read
May 09, 2023 | New York Law Journal
NYLL Claims Dismissed, Judicial Estoppel Denied and Compassionate Release GrantedThis column reports on several significant representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge LaShann DeArcy Hall dismissed the plaintiff's New York Labor Law claims against the Great Neck Park District. Judge Joanna Seybert denied the plaintiff's pretrial motion to preclude the defendant from making arguments assertedly inconsistent with those it had successfully made in five prior litigations. And Judge Allyne R. Ross granted the defendant's motion for compassionate release.
By Thomas Kissane and John Moore
8 minute read
April 04, 2023 | New York Law Journal
Update on COVID Issues: Court Decisions Regarding ImmunityIn their last Medical Malpractice column, Thomas Moore and Matthew Gaier discuss several court decisions related to immunity temporarily given to health care professionals and facilities during the COVID-19 pandemic.
By Thomas A. Moore and Matthew Gaier
15 minute read
March 08, 2023 | New York Law Journal
Section 1983 Claim, Motion for Protective Order and Electoral Abuses on Social MediaIn this edition of their Eastern District Roundup, Thomas Kissane and John Moore report on several significant representative decisions handed down recently in the U.S. District Court for the Eastern District of New York. Judge Edward R. Korman permitted a Section 1983 claim for prolonged detention to proceed against two Greenwich police officers.
By Thomas Kissane and John Moore
9 minute read
February 06, 2023 | New York Law Journal
Implied Physician-Patient Relationships in Obstetrical CasesIn their last Medical Malpractice column, Thomas Moore and Matthew Gaier reviewed several decisions relating to implied physician-patient relationships. In this column, they continue with that theme, exploring decisions addressing implied physician-patient relationships in the context of obstetrical care.
By Thomas A. Moore and Matthew Gaier
12 minute read
January 12, 2023 | New York Law Journal
Confession Suppressed, Vaccine Mandate Not Enjoined, Restitution Not TerminatedIn this edition of their Eastern District Roundup, Thomas Kissane and John Moore report on several significant representative decisions, including: granting a defendant's motion to suppress his confession; denying a motion for a preliminary injunction enjoining New York City from enforcing COVID-19 vaccine mandates; and denying a defendant's request to terminate his restitution obligation.
By Thomas Kissane and John Moore
8 minute read
December 16, 2022 | Daily Business Review
Goldman Sachs Set to Cut as Many as 4,000 WorkersGoldman Sachs' latest cuts appear to go beyond the firm's annual exercise of weeding out underperforming staff, which was the focus just months ago.
By Michael J. Moore
1 minute read
December 05, 2022 | New York Law Journal
Implied Physician-Patient RelationshipsAlthough there are limited circumstances in which a physician will be deemed to owe a duty of care to a non-patient, even in those cases the duty flows from a physician-patient relationship with someone else.
By Thomas A. Moore and Matthew Gaier
13 minute read
October 03, 2022 | New York Law Journal
Recent Appellate Decisions: Pretreatment Agreements, Ex Parte InterviewsAs demonstrated by recent cases, the law pertaining to 'Arons' authorizations is fairly well developed at this point.
By Thomas A. Moore and Matthew Gaier
12 minute read
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