Results

We successfully defended an insurance carrier in a New Jersey no-fault arbitration matter. The claimant, a pain management provider, filed an arbitration demand in the amount of $125,218 in connection with a baseline urine toxicology screen and subsequent presumptive and confirmatory testing performed on a monthly basis to monitor a patient’s medication regimen. We successfully argued that the extensive testing was being performed without regard to the needs of the patient.

We secured summary judgment and dismissal of nine claims brought by an individual employer against two former employees and their new place of employment. The plaintiff, who owned an insurance business and a tax preparation business, alleged claims of breach of contract, breach of the duty of loyalty, tortious interference, violations of the Pennsylvania Uniform Trade Secrets Act, and other related claims against two former employees, one at-will and one independent contractor, and their new employer.

We obtained summary judgment in a First Amendment retaliation claim where the plaintiff, an employee of the Borough, alleged that she was terminated by the president because of her affiliation with the minority of the supervisors. In granting summary judgment, the court found that the statements of one council member cannot constitute a policy of the council, unless she is delegated authority by the entire board. Summary judgment was entered in favor of the individual board member, as she did not have the authority to fire the plaintiff without approval from the majority of the board.

We successfully argued that a settlement agreement, based upon a binding and enforceable agreement reached via email between the parties, is enforced. The claimant had given her attorney authority to settle, but subsequently changed her mind. Based upon case law, there was unequivocal authority to settle and it was too late for the claimant to negate the agreement previously reached. The judge of compensation claims agreed and upheld the settlement.

We successfully defended an appeal in a complex series of legal malpractice actions arising out of an $11 million investment in an illegal venture in Brazil. In the initial trial, the plaintiff’s economic loss expert had offered a net opinion in connection with what plaintiff would have earned from the illegal venture in Brazil. We established the plaintiff’s knowledge of that illegality, which had been demonstrated in the previous legal malpractice action.

We successfully defended a chiropractor with a directed verdict on informed consent and a no cause, 7-0, on standard of care. The plaintiff claimed the defendant was negligent in failing to obtain an MRI before adjusting the lumbar spine with a differential diagnosis, which included a herniated or bulging disc.

We were granted a motion for summary judgment in a slip-and-fall case before a court in Queens County, New York. The plaintiff argued that she fell down the stairs located inside employer’s store. As she could not sue her employer, she instead sued the landlord. We successfully argued that our client was an out-of-possession landlord that held no liability to the plaintiff. Further, she successfully argued that our client was not contracted to maintain the premises.

We obtained summary judgment, dismissal and an award of attorneys’ fees for a condominium association. Judgment was entered in favor of our client against the plaintiff in an earlier action that sought unpaid assessments. In order to sell its property, the plaintiff sent the association a check in the amount of recorded liens. The association returned the check, demanding the full payoff amount, and claimed a statutory lien for all amounts owed.

We won a summary judgment motion in a failure to diagnose breast cancer case on behalf of an imaging company. The plaintiff had four mammograms over a four year period, all of which read as negative for abnormalities by four radiologists. At the end of the fourth year, the plaintiff was hospitalized as a result of a fall, during which she was diagnosed with Stage IV metastatic breast cancer. In the resulting lawsuit, our client was named for theories of corporate and vicarious liability.

We successfully defended a claim where a large cable provider (owner) hired a contractor to complete work at an out-of-state location, and various parts of the job were subcontracted to several different companies, one of which did not have New York workers’ compensation insurance coverage. The contested issues were whether the Board has subject matter jurisdiction over this claim, what company employed the claimant, and whether the claimant was a covered employee.