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March 20, 2001 | Law.com

HMOs Can't Be Sued for Bad-Faith Coverage in Denying Treatment

Health insurers and HMOs cannot be sued for bad-faith denial of coverage in refusing to authorize treatment, a New York appellate court ruled. However, the justices let stand a lower court decision allowing a class action to proceed on the issue of whether the plaintiffs' health plan breached contractual obligations by allowing non-doctors to make decisions on medical necessity of treatment.
5 minute read
September 02, 2004 | Law.com

Judge Directs Ire at Doctor, Clinic For Private Noncompete Contract

A Supreme Court justice in New York has accused a medical group and a physician of fraud for doctoring an employment contract. Justice Thomas J. Spargo said the doctor and his employer deliberately misled federal authorities so the physician, a citizen of India, could work in the United States without the proper visa. But the judge refused to enforce any part of a noncompete contract that brought the matter to light.
3 minute read
May 05, 1999 | Law.com

Consumer Fraud Suit Stands Against Clinic

Doctors and other health care providers who lure patients with false advertising or deceptive business practices are subject to the same consumer protection laws as any other commercial enterprise, New York's highest court ruled yesterday. In a unanimous opinion, the court said that when doctors "choose to reach out to the consuming public at large in order to promote business" they subject themselves to the same standards as other businesses.
5 minute read
June 27, 2006 | New York Law Journal

Judge Dismisses Whistleblower Suit

4 minute read
October 26, 2012 | New Jersey Law Journal

Ineligible Pro Hac Vice Attorneys, In-House Counsel and Multijurisdictional Practitioners

Notice to the bar.
128 minute read
July 05, 2006 | Law.com

Judge Dismisses Nurse's Whistleblower Suit

A New York judge has dismissed a whistleblower lawsuit filed by a nurse who alleged she was fired by a hospital after she complained about unsanitary surgical procedures. The judge relied on a state health department investigation of the hospital that found no legal violations. Under New York law, a whistleblower plaintiff must show that an employer policy or practice constituted a violation of the law and presented a substantial and specific danger to public or health safety.
4 minute read
April 18, 2013 | New York Law Journal

Questioning Entity's Corporate Ties, Court Denies Summary Judgment in Crane Collapse Lawsuit

Supreme Court Justice Manuel Mendez denied a summary judgment motion in which the Mattone Group Construction Co. claimed it was an improper party in ongoing litigation over the collapse of the Kodiak Tower Crane on East 91st Street during construction of the Azure, a 32-story residential tower of high-end luxury apartments.
5 minute read
February 24, 2006 | Daily Report Online

Pursuing Cases 'All the Way to the Supreme Court'

MOST OF US are familiar with the stereotypical, irate client who proclaims that he or she will pursue their case "all the way to the Supreme Court"In reality, however, the odds of that happening are small. According to the official Web site of the United States Supreme Court, each year, the Court receives thousands of petitions for certiorari, but grants plenary review, with oral argument, in only approximately 100 cases.
8 minute read
July 06, 2006 | The Legal Intelligencer

N.Y. Judge Dismisses Nurse Manager's Whistleblower Suit

A Nassau County judge has dismissed a whistleblower lawsuit filed by a nurse who alleged she was fired by North Shore University Hospital at Plainview in New York after she complained about unsanitary surgical procedures that were allegedly practiced at the hospital.
4 minute read
August 15, 2000 | Law.com

State Bias Ruling Estops Federal Suit

A federal judge in New York dismissed a claim under the FMLA, holding that a state agency's finding of non-discrimination carries over into the federal case. The state Department of Human Rights' conclusion that termination was the result of cost-cutting precluded relitigation of the employers' motive in terminating the employee's job.
3 minute read

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