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New York Civil Litigation Review

Nine ARFD partners named to 2013 edition of The Best Lawyers in America

Posted in Announcements, Uncategorized

ARFD is proud to announce the inclusion of nine of its partners in the 2013 edition of The Best Lawyers in America in the areas of Medical Malpractice Defense; Personal Injury Defense; Product Liability Defense; and, Health Care Law.

Congratulations to:
Mark J. Aaronson (Medical Malpractice and Personal Injury Defense)
Jay A Rappaport (Medical Malpractice, Personal Injury and Product Liability Defense)
Robert S. Deutsch (Medical Malpractice, Personal Injury and Product Liability Defense)
Robert S. Melnick (Medical Malpractice and Personal Injury Defense)
Nicholas J. Marotta (Medical Malpractice and Personal Injury Defense)
Richard V. Caplan (Medical Malpractice and Personal Injury Defense)
Nancy L. Pennie (Personal Injury Defense)
Barbara A. Ryan (Health Care Law)
Robert J. Cecala (Personal Injury Defense)

Social Media and the Law – Evolving and Inconsistent

Posted in e-Discovery and Social Media

As of June 2012, Twitter had over 500 million users and Facebook had 955 million active users monthly. If you’re reading this blog, you likely have an account with either these services, or any number of other social networking sites. As technology progresses, more and more individuals use these sites daily. With the growing threat of identity theft, these services adapt their privacy settings to allow users to protect and shield their activity and personal information from the public at large. But what does that mean to the Courts? Continue Reading

Lawyers, Jurors and Social Media: Let’s Not Be Friends (New York City Bar Association Opinion)

Posted in e-Discovery and Social Media

The New York City Bar Association, within a recent ethics opinion, addressed the issue of whether an attorney is permitted to access social media websites to investigate the backgrounds of potential jurors and to monitor jurors’ activities during a trial.  In seeking to balance an attorney’s interest to conduct juror background research with the ethical prohibition against ex parte communication between lawyer and juror, the opinion strikes a reasonable compromise that satisfies both competing interests, yet takes into account the realities of today’s wired world. Continue Reading

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