Thomas A Moore

February 01, 2005 | New York Law Journal

Thomas A. Moore, a senior partner, and Matthew Gaier, a partner, from Kramer, Dillof, Livingston & Moore, write that it is not uncommon that aliens who enter this country illegally in search of employment become injured on the job, or due to medical malpractice or some other tortious conduct.

By Thomas A. Moore And Matthew Gaier

14 minute read

April 04, 2006 | New York Law Journal

Thomas A. Moore, a senior partner at Kramer, Dillof, Livingston & Moore, and Matthew Gaier, a partner at the firm, write that, over the past two decades, medical groups have increasingly sought to cloak themselves and their members in the protections afforded by taking on the form of corporate entities, usually as professional service corporations, or PCs, as they are commonly known.

By Thomas A. Moore and Matthew Gaier

12 minute read

December 09, 2010 | Legaltech News

When a hospital fails to produce fetal monitor strips (or tapes) in a malpractice case, plaintiffs counsel have two potential avenues of recourse. The more common remedy is an adverse inference charge, which may be pursued as a sanction for spoliation on a motion brought during discovery.

By Thomas A. Moore and Matthew Gaier

13 minute read

August 02, 2011 | New York Law Journal

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier, partners at Kramer, Dillof, Livingston & Moore, discuss wrongful birth claims and a recent Court of Appeals decision that resolved a discrepancy between departments of the Appellate Division on whether recovery on such claims may be had when a child's extraordinary needs have been paid for by governmental programs.

By Thomas A. Moore and Matthew Gaier

12 minute read

October 02, 2007 | New York Law Journal

Thomas A. Moore, a senior partner at Kramer, Dillof, Livingston & Moore, and Matthew Gaier, a partner at the firm, analyze a recent Court of Appeals ruling that high-low agreements may not be entered into secretly between a plaintiff and a defendant in a multidefendant litigation without the knowledge of the nonparticipating defendants and that it is up to the trial court to exercise its discretion to determine the extent, if any, that the agreement may be disclosed to the jury.

By Thomas A. Moore and Matthew Gaier

12 minute read

June 02, 2009 | New York Law Journal

Thomas A. Moore, senior partner of Kramer, Dillof, Livingston & Moore, and Matthew Gaier, a partner at the firm, write: The statute of limitations regarding medical malpractice in this state is one of the most unjust in the country. The overwhelming majority of jurisdictions have a "discovery rule," which prevents the statute of limitations from expiring if patients do not have reason to know that they suffered injury as a result of malpractice. New York has no such rule. As a result, victims of malpractice often find that the statute of limitations has expired before they could ever have learned that there had been improper treatment, or that they suffered an injury.

By Thomas A. Moore and Matthew Gaier

13 minute read

September 07, 2004 | New York Law Journal

Thomas A. Moore, a senior partner, and Matthew Gaier, a partner, of Kramer, Dillof, Livingston & Moore write about opinions on claims of emotional distress by mothers.

By Thomas A. Moore And Matthew Gaier

11 minute read

August 03, 2010 | New York Law Journal

In their Medical Malpractice column, Thomas A. Moore and Matthew Gaier, partners of Kramer, Dillof, Livingston & Moore, review cases addressing the juxtaposition of exclusionary rules of evidence with a litigant's right to demonstrate a witness' bias in a malpractice action, either bias toward the plaintiff if the witness was a defendant who has since settled or toward the defense if the physician witness is insured by the same liability carrier as a defendant.

By Thomas A. Moore and Matthew Gaier

14 minute read

February 04, 2002 | New York Law Journal

A lthough it has been the law of this state for more than 15 years, it is only in recent years that the impact of CPLR Article 16 has begun to be felt. Hastily passed in the middle of the legislative morass of tort reform in the mid-1980s, Article 16 was posited as a limited encroachment on the common law rule of joint and several liability. 1 Section 1601 provides that a defendant may only be held jointly and severally liable for noneconomic damages if he is held more than 50 percent liable. Defendants rem

By Thomas A. Moore and Matthew Gaier

12 minute read

June 07, 2005 | New York Law Journal

Thomas A. Moore, senior partner of Kramer, Dillof, Livingston & Moore, and Matthew Gaier, a partner at the firm, write that women whose babies are injured by medical malpractice prior to birth may recover for their emotional distress if the malpractice results in a miscarriage or stillbirth, but not if the child survives and has his or her own viable cause of action for injuries.

By Thomas A. Moore and Matthew Gaier

11 minute read