Civil Litigation
PENDENTE LITE MOTION BRINGS RELIEF TO SPOUSE
This decision highlights the main issues that come up in a pendente lite hearing.KO v. MO, 2024 NY Slip Op 51754 – Kings Co. NY Supreme Court 2024:”JEFFREY S. SUNSHINE, J.
The parties were married in June 2013. The plaintiff-mother commenced
this action for divorce by filing a summons with notice on January 12,
2023,…
Superior Court Reaffirms The Law on Limitations To Scope of Expert Opinions By Treating Physicians
In the case of Kunkel v. Abington Memorial Hospital, No. 2024 Pa. Super. 298 (Pa. Super. Dec. 13, 2024 Stabile, J., Lane, J., and Lazarus, J.) (Op. by Stabile, J.) (Lazarus, J., concurring in the result), the Pennsylvania Superior Court addressed various issues regarding expert testimony in a medical malpractice case. On one issue,…
Chris Gelwicks to Join Law Firm Carolinas on February 3
Chris brings over 25 years of expertise in representing homeowners and condominium associations with their formation, operations, collections, and litigation. In addition, with 60+ jury trials, countless bench trials, and mediations across North and South Carolina, he offers impressive litigation experience.
Chris has represented clients in trial and appellate courts, including the North Carolina Supreme…
Judge Broderick Refuses To Stay Discovery in Suit Against Major League Baseball
On Thursday, Judge Vernon S. Broderick denied Major League Baseball’s motion to stay discovery in a sexual harassment and gender bias lawsuit filed by two aspiring umpires employed by MLB. The prospective umpires’ second amended complaint, filed in November, asserts hostile-work-environment, wrongful termination, and retaliation claims under the New York State Human Rights Law,…
Court Grants Summary Judgment on Recklessness and Punitive Damages Claims in a Trucking Accident Case
In an Opinion that is tersely worded at times in the case of Medina v. One Stop Center, Inc., No. 2:22-CV-01031-CB (Jan. 2, 2025 Bissoon, J.), the court granted a Defendant’s Motion for Summary Judgment on a claim for punitive damages in a trucking accident case. In so ruling, the court also reject the…
More Thoughts on Temporary Restraining Orders
By Will Newman
The start of a lawsuit is a stressful time for everyone. Something terrible just happened or is about to happen, and also the lawyers and the parties are largely in the dark about the facts and, sometimes, the applicable law. I wrote a post a few years ago about the work lawyers do in these…
The Not Well Known Offset Exception to the Statute of Limitations
There is a not-well known exception to the statute of limitations found in CPLR 203(d) which is explained by the Appellate Division, Second Department in Getzel Schiff & Pesce, LLP v Shtayner 2024 NY Slip Op 06186 Decided on December 11, 2024.
“In November 2021, the plaintiff, Getzel Schiff & Pesce, LLP (hereinafter GSP), commenced…
NEW ADR APPOINTMENT
I was recently appointed to be a panel member of the Alternative Dispute Resolution (ADR) Advisory Council for the Eastern District of New York. The mission of the ADR program is to provide federal litigants with an opportunity to resolve their disputes expeditiously through court mediation and arbitration. From http://jmpattorney.blogspot.com/
Oregon Issues AI Guidance for Businesses
As one of her last acts in office, on December 24, 2024, Oregon Attorney General (AG) Ellen Rosenblum issued guidance for businesses deploying artificial intelligence (AI) technologies. The guidance highlights the risks associated with the commercial use of AI, and underscores that, despite the absence of a specific AI law in Oregon, a company’s use…