Dismissal Secured in New York Legal Malpractice Matter

We secured a decision granting our motion to dismiss an attorney malpractice matter in Orange County, NY. The plaintiff and daughter of the co-defendants sued her parents and our client for breach of contract, breach of fiduciary duty denominated as promissory estoppel, and constructive trust and sought damages of $800,000. The co-defendants allegedly purchased a property for the plaintiff to live and work in and agreed to deed the property to the plaintiff once she paid the mortgage in full.

Directed Verdict Secured in Medical Malpractice Case After Eight-Day Trial

After an eight-day trial, we secured a directed verdict on behalf of his client, an orthopedic surgeon, who allegedly breached the standard of care as it relates to his performance of a reverse right shoulder replacement. The court found that the plaintiff failed to establish that the surgery performed by the orthopedic surgeon was unnecessary, as alleged.

Unanimous Defense Verdict Achieved in Hotly Contested Wrongful Death Case

We achieved a unanimous defense verdict in a hotly contested wrongful death case. The lawsuit included allegations of failure to do a workup and diagnose lung cancer. The plaintiffs claimed the patient’s symptoms were related to a Pancoast tumor that was undiagnosed, resulting in his death. We were able to establish with the jury the superiority of the defense experts by comparison. We also successfully explained there can be concurrent diseases and there was an objective reason for each and every one of the patient’s symptoms.

Summary Judgment Won in Nearly Decade-Long Slip and Fall Case

We won summary judgment on nine-year-old supermarket slip and fall case. The plaintiff claimed that she tripped and fell on the corner of a pallet/box of watermelons in the defendant's produce section in Newburgh, New York, where customers first walk in. The plaintiff admitted she did not see the pallet or its corner and was not looking where she was walking. After her fall, she underwent multiple surgeries, including cervical fusion. Her attorney’s demand was $4 million.

Successfully Obtained a Motion to Dismiss in A Data Breach Class Action Case

We obtained a motion to dismiss in a data breach class action arising out of a ransomware attack against a hospital network. The attack compromised personal information of over 90,000 patients. In state court, our motion to dismiss was granted for lack of standing. The state court also granted our motion as to each cause of action for failure to state a claim on the basis that no implied contract existed with the entities for privacy protection and the negligence claims were not available under Florida law.

Decision Secured Denying Wage Loss Benefits for an Accepted Work Injury

We secured a decision denying the claimant wage loss benefits for an accepted work injury. The claimant sustained a left wrist contusion and extensor carpi ulnaris peri-tendonitis injury when a 50-pound lid crushed his left arm in the course and scope of his employment. The claimant alleged that, as a result of the injury, he was unable to perform light-duty work as a system operator. Through medical evidence, we were able to establish that the claimant had non-work-related medical issues unrelated to the accepted work injury that caused him to be out of work.

Successfully Defended Our Client in Litigation Surrounding a Penalty Petition

We successfully defended a Philadelphia-based university in litigation surrounding a penalty petition filed by the claimant. The penalty alleged that the university unilaterally suspended indemnity benefits on an open and accepted work injury claim. We presented complex evidence from the insurer that Pennsylvania’s Workers' Compensation Automation and Integration System (WCAIS) electronic system has internal problems which result in unwanted and unrequested claim documents being issued when simple data changes are made to an open claim.

Successfully Defended an Appeal Before the Pennsylvania Workers’ Compensation Appeal Board

We successfully defended a Pennsylvania-based industrial linear actuator supplier on appeal before the Workers’ Compensation Appeal Board. The claimant appealed a termination order which found her to be fully recovered from work injuries to her low back and multiple other body parts. The claimant alleged on appeal that factors considered by the underlying workers’ compensation judge supporting the full recovery opinion (including a post-injury new slip and fall) were not supported by the evidence record.

Decision Affirmed in Decade-Long Legal Malpractice Case

We were successful at the trial and appellate levels in a high-profile legal malpractice action. The Appellate Division’s decision came after a decade of litigation in various courts stemming from a judgment a multinational conglomerate obtained against the plaintiff and his partners in which litigation ensued over debt collection. The plaintiffs alleged the attorneys committed fraud and misrepresentation that led to the plaintiffs’ damages, which they claimed were well in excess of $10 million.