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Disability Advocates, Inc. v. New York Coalition for Quality Assisted Living, Inc., 10-235(L)
Publication Date: 2012-04-10
Practice Area: Civil Rights
Industry:
Court: U.S. Court of Appeals, Second Circuit
Judge: Before: Cabranes and Parker, C.JJ., and Korman, D.J. **
Attorneys:
For plaintiff: For Plaintiff-Appellee Disability Advocates, Inc: Andrew G. Gordon (Julie E. Fink, Geoffrey Chepiga, Elizabeth Seidlin-Bernstein, Lindsey Weinstock, and Francine Murray, on the brief), Paul, Weiss, Rifkind, Wharton & Garrison LLP, New York, NY; Cliff Zucker (Timothy A. Clune, on the brief) Disability Advocates, Inc., Albany, NY; Ira A. Burnim, Bazelon Center for Mental Health Law, Washington, DC; Mara A. Kuns, Urban Justice Center, New York, NY; Roger Bearden (Aditi Koethekar, on the brief), New York Lawyers for the Public Interest, New York, NY; and Jeannette Zelhof (Jota Borgmann, on the brief), MFY Legal Services, Inc., New York, NY. For Plaintiff-Appellee United States of America: Samuel R. Bagenstos, Principal Deputy Assistant Attorney General (Thomas E. Perez, Assistant Attorney General, Jessica Dunsay Silver and Terese Kwon, Attorneys, on the brief), Department of Justice, Civil Rights Division, Appellate Section, Washington, DC. For amici curiae States of Connecticut, Arkansas, Tennessee, Utah and Wyoming, in support of New York State Appellants: Hugh Barber, Assistant Attorney General of Connecticut (on behalf of Richard Blumenthal, Attorney General of Connecticut, Dustin McDaniel, Attorney General of Arkansas, Robert E. Cooper, Jr., Attorney General of Tennessee, Mark L. Shurtleff, Attorney General of Utah, Bruce A. Salzbury, Attorney General of Wyoming), Hartford, CT. For amici curiae Americare Certified Special Services, Inc. et al., in support of Appellants: Christopher Murray (Matthew F. Didora, on the brief), Ruskin Moscou Faltischek, PC, Uniondale, NY. For Movant Empire State Association of Assisted Living, in support of Appellants: David T. Luntz (Lori A. Sievers, on the brief), Hinman Straub, PC, Albany, NY. For amicus curiae Families of Current Adult Home Residents, in support of Appellants: Jordan W. Siev (Christopher A. Lynch, Cameron G. Van Tassell and David J. De Jesus, on the brief), Reed Smith LLP, New York, NY. For amici curiae American Association of Community Psychiatrists et al., in support of Appellees: Carla Christofferson (Justine M Daniels and Christopher A. Adams, on the brief), O'Melveny & Myers LLP, Los Angeles, CA. For amici curiae Dick Thornburgh (former United States Attorney General) and 30 former state mental health commissioners, in support of Appellees: Steven J. Schwartz (Mollie Richardson, on the brief), Center for Public Representation, Northampton, MA; and Robert J. Alessi (Gregory G. Nickson and Jeffrey D. Kuhn, on the brief), Dewey & LeBoeuf LLP, Albany, NY. For amici curiae C.C. et al. (current and former residents of Adult Homes), in support of Appellees: Elizabeth B. McCallum, Howrey LLP, Washington, DC. For amici curiae The National Disability Rights Network et al., in support of Appellee Disability Advocates: Antony L. Ryan (Rebecca R. Silber and Alejandro H. Cruz), Cravath Swaine & Moore LLP, New York, NY. For amici curiae The Coalition of Institutionalized Aged and Disabled et al., in support of Appellees: Peter K. Vigeland (Michael Bongiorno, David F. Olsky, Omar Kahn, Natalie Rastin, Leizel A. Ching, on the brief), Wilmer Cutler Pickering Hale and Dorr LLP, New York, NY.
For defendant: For Movant-Appellant New York State Coalition for Quality Assisted Living: Patricia A. Millett (Steven M. Pesner, Robert H. Pees, James P. Chou, and Christopher M. Egleson, on the brief), Akin Gump Strauss Hauer & Feld LLP, Washington DC. For New York State Defendants-Appellants: Barbara D. Underwood, Solicitor General of the State of New York (Andrew M. Cuomo, Attorney General, Benjamin Gutman, Deputy Solicitor General, Cecilia C. Chang, Laura R. Johnson, Steven C. Wu, Assistant Solicitors General, on the brief), New York, NY.
Case number: 10-235(L)

Cite as: Disability Advocates, Inc. v. New York Coalition for Quality Assisted Living, Inc., 10-235(L), NYLJ 1202548402238, at *1 (2d Cir., Decided April 6, 2012)p class="

April 01, 2002 |

Hospitals May Be Liable for Outpatient's Assault

Mental health care providers may be sued for breach of duty to the general public following the violent act of an outpatient, a federal judge in New York has ruled. In a suit involving a deranged patient who pushed a man in front of a subway train, U.S. District Judge Denny Chin said there's no "bright-line rule" holding that mental health care providers owe no duty of care to the public.
4 minute read
Medina v. New York City Health and Hospitals Corp., 31938/02
Publication Date: 2007-12-31
Practice Area: Torts
Industry:
Court: Supreme Court, Kings County
Judge: Sylvia Hinds-Radix
Attorneys:
For plaintiff:
For defendant:
Case number: 31938/02

Justice Sylvia O. Hinds-Radix KINGS COUNTY Supreme Court Attorney for Defendant Young H. Hyun M.D. Gordon & Silber, P.C. By: Edward M. Do

April 24, 2003 |

5 minute read
November 17, 2003 |

Fen-Phen Settlement Trust Sues Second Doctor for Fraud

A second doctor was accused of fraud last week in a federal lawsuit filed by the AHP Settlement Trust, the entity created to process claims related to the $3.75 billion fen-phen settlement. The suit alleges that New York City cardiologist Richard L. Mueller conspired with an unnamed law firm to submit fraudulent claims "in order to earn substantial additional fees being offered by the law firm in exchange for VHD [valvular heart disease] certifications."
3 minute read
Jacob v. Bon Secours Charity Health System Inc., 02 Civ. 1398
Publication Date: 2008-06-06
Practice Area: Civil Practice
Industry:
Court: U.S. District Court for the Southern District
Judge: Ronald Ellis
Attorneys:
For plaintiff:
For defendant:
Case number: 02 Civ. 1398

Magistrate Judge Ronald L. Ellis U.S. DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Magistrate Judge Ellis OPINION & ORDER I. INTRODU

March 28, 2012 |

Big Suits

U.S. v. Countrywide et al.; Novartis Wage and Hour Litigation; Irving H. Picard, Trustee v. Sonja Kohn et al.; Texas v. Janssen; Parmalat Capital Finance v. Grant Thornton et al.; Silverman v. Motorola, Inc. et al.
14 minute read
August 29, 2005 |

VerdictSearch

Ultrasound technician claimed she was fired for being pregnant. Defense admitted to not checking blind spot but claimed injuries overstated. Motorist awarded $1.12 million for soft-tissue injures. DuPont argued it was proactive about asbestos safety.
3 minute read
January 13, 2006 |

Estate Tries to Link Benihana Incident to Diner's Death

A trial opened Wednesday in the case of a New York man who died 10 months after dining at Benihana, the popular Japanese steakhouse chain. Jerry Colaitis injured his neck while dodging a piece of hot shrimp playfully tossed at him by a table-side hibachi chef, his attorney told the jury. The injury led to an operation and Colaitis ultimately died of a blood-borne infection. "Benihana set in motion a chain of events," the attorney said. The physicians who treated Colaitis were not joined by either side.
4 minute read
John Doe v. Jane Doe, 20786/12
Publication Date: 2012-12-17
Practice Area: Internet Law
Industry:
Court: Supreme Court, Kings County, Part 9
Judge: Justice Debra Silber
Attorneys:
For plaintiff:
For defendant: *1
Case number: 20786/12

Cite as: John Doe v. Jane Doe, 20786/12, NYLJ 1202581502165, at *1 (Sup., KI, Decided December 12, 2012)Justice Debra SilberDecided

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