Header graphic for print

New York Civil Litigation Review

Public Tweets Can Be Subject to Subpoena

Posted in e-Discovery and Social Media

According to Criminal Court Judge Matthew Sciarrino, Jr., users of Twitter who post public tweets may find their user information can be obtained in a case against them.

As reported in The New York Law Journal:

“The Constitution gives you the right to post, but as numerous people have learned, there are still consequences for your public posts. What you give to the public belongs to the public. What you keep to yourself belongs only to you,” Criminal Court Judge Matthew Sciarrino Jr., sitting in Manhattan, wrote in People v. Harris, 2011NY080152. Continue Reading

Five ARFD defense verdicts in five weeks!

Posted in Announcements

Congratulations to Barry Schreiber, Robert Deutsch, Daniel NessimPhil Lerner and Craig Fenno for obtaining five defense verdicts in four different New York counties over a period of five weeks in June and July!

  • Barry obtained a defense verdict in a wrongful death matter in Kings County, NY;
  • Robert then achieved a defense verdict in 30 minutes in New York County, NY;
  • Dan completed the ‘hat trick’ by obtaining ARFD’s third defense verdict of June in a wrongful death matter in Bronx County, NY;
  • Phil received a defense verdict in Queens County, NY 6/20/12, making four defense verdicts in the month of June for ARFD.
  • Shorty thereafter, in early July, Craig achieved ARFD’s 2nd Kings County DV, the 5th ARFD defense verdict since June 1st, in a malpractice matter where the plaintiff asked the jury to award three million dollars.

To put this in perspective, in 2011 there were a total of only 126 malpractice cases tried to veridct in the entire New York City Region.

Claims & Litigation Management Alliance – Women’s Leadership Forum, NYC 10/4/12

Posted in Announcements

We will be a national sponsor for the Claims & Litigation Management Alliance’s (“CLM”) annual Women’s Leadership Forum, to be held in New York City on October 4, 2012.  We encourage our followers to sign up for this informational forum and network with claims management professionals and panel counsel from all over the country.

ARFD is a firm member of CLM and Lawrence W. Rosenblatt sits on its Professional Liability Committee.

FDA considering expanding role of pharmacists and reducing role of physicians…really?

Posted in Regulation/Legislation

It appears the Food and Drug Administration (“FDA”) is seriously considering new regulations that would expand the role of pharmacists, while reducing the role of physicians, in the management and prescription of patients’ medications for chronic conditions, such as asthma.  As you can imagine, this is being seriously questioned by the AMA and other physician and patient advocacy groups. Continue Reading

Against Medical Advice – Remember CPLR Article 14.

Posted in CPLR

A recent article highlights why, when a patient signs out of a hospital ‘against medical advice,’ (“AMA”) counsel defending malpractice and personal injury lawsuits must raise culpable conduct/comparative negligence as an affirmative defense when interposing Answers on behalf of their clients. Continue Reading

Forces of Labor Defense in Erb’s Palsy cases…to be continued?

Posted in Birth Injuries

Over the last several months, personal injury plaintiff blogs have been all agog over a recent 4th Department case in New York that precluded, based on pre-trial motions, obstetrical defendants from utilizing a ‘forces of labor’ defense at trial, commenting on same as a “novel theory.”  The plaintiff blogs have been far less kind, labeling such defense as ‘junk science.”  Not so fast. Continue Reading

Clients stressed by lawsuits? Communicate!

Posted in Client Relations

I came across a New York Times article that stated what, to most, would appear obvious – that litigation is stressful!  While the author, a physician, oriented her thoughts towards physicians sued in medical malpractice matters, the premise holds true for any defendant dragged unwillingly into litigation.  While we as litigators are comfortable ‘operating’ in an adverse environment, litigation to a physician can be as foreign as an operating room is to an attorney.  The key to alleviating this angst, is communication.   Continue Reading

Posting personal information on the internet can be hazardous…if you are a litigant!

Posted in e-Discovery and Social Media

Everyone that has watched a ‘cop’ television show or movie has heard the following phrase: “you have the right to remain silent…anything you say can and will be used against you”. Most of us can also probably recall the origin of that phrase; for those who cannot, I will remind you. The phrase comes from Miranda v. Arizona (384 U.S. 436), a landmark 5-4 decision of the United States Supreme Court handed down in 1966. As relevant to this blog post, the case basically states you can, if you so choose, remain silent when the police interrogate you. For that matter, anything you say to the police can be used to prosecute you. Now for the fun part, the new developments in the law that keep us attorneys on our toes. The new adage, more relevant to the internet age is as follows: “anything you post online can and will be used against you”.

Continue Reading