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Jeffrey T. Wolber

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Jeffrey T. Wolber

Partner
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Biography

Jeffrey T. Wolber is a Partner in our New York City office. He is experienced in medical malpractice, aging services, and general liability litigation in both trial and appellate level courts. He has successfully obtained dismissals on substantive and procedural grounds and has also resolved claims through alternative dispute resolution. He is committed to providing excellent, efficient, and effective representation to clients.

As an active member of our Coronavirus Strategic Team, Jeffrey helps clients navigate a rapidly evolving legal landscape, and he has been a leader in developing nationwide litigation strategies in response to negligence and malpractice claims involving exposure to and treatment of COVID-19.

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He regularly assists with litigation across the country that involves the assertion of federal and state immunities for COVID-19 claims, including the Public Readiness and Emergency Preparedness Act (PREP Act) and New York’s Emergency or Disaster Treatment Protection Act (EDTPA).

Before joining HBS, Jeffrey was a litigation associate for two other firms in the New York City area, where he managed a variety of medical malpractice, dental malpractice, podiatric malpractice, and general liability cases.

Jeffrey graduated magna cum laude from New York Law School. He was a member of Law Review, a member of Moot Court Association, and a John Marshall Harlan Scholar. Before law school, he received his Bachelor of Arts from Utica University.

Credentials

Admitted

State Courts:

  • New York
  • Pennsylvania

U.S. District Courts:

  • U.S. District Court for the Northern District of New York
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York

Education

  • J.D., magna cum laude, New York Law School
  • B.A., Utica University

Memberships

  • New York State Bar Association

Recognition

In the Press

33 HBS Attorneys Named to 2025 Best Lawyers: Ones to Watch® in America

HBS is excited to announce that 33 lawyers have been included in the 2025 edition of Best Lawyers: Ones to Watch® in America.

Fifteen HBS Attorneys Appointed to Partner

HBS introduces fifteen attorneys as newly appointed partners in recognition of their exceptional client service and outstanding leadership

Jeffrey T. Wolber Named to Super Lawyers 2023 New York Metro Rising Stars List

HBS is proud to announce that New York City Attorney Jeffrey T. Wolber has been recognized on the Super Lawyers 2023 New York Metro Rising Stars list.

34 Hall Booth Smith Lawyers Named to 2024 Best Lawyers: Ones to Watch® in America

Hall Booth Smith is pleased to announce that 34 lawyers have been included in the 2024 edition of Best Lawyers: Ones to Watch® in America. The award recognizes associates and other lawyers who are earlier in their careers for their outstanding professional excellence in private practice in the United States.

Indiana’s Adams County Superior Court Dismisses Malpractice Claim for Treatment of COVID-19 under State Immunity Statute

Written by: Jeffrey T. Wolber, Esq. On February 1, 2022, Judge Samuel K. Conrad of the Superior Court of Adams County, Indiana, granted summary judgment on behalf of a hospital and EMS entity. (Anonymous Hospital v. Peterson, No. 01D01-2107-CT-000014 (Adams Superior Court Feb. 1, 2022)). The petitioners/defendants asserted immunity under Ind. Code §§ 34-30-13.5-1 and

Nursing Homes Challenge New York’s Profit Cap as Unconstitutional

Written by: Jeffrey T. Wolber, Esq. Edited by: Nicole A. Callahan, Esq. A group of over 200 nursing homes are challenging a New York law that sets a cap on their profits. The lawsuit was filed on December 29, 2021 in the U.S. District Court for the Northern District of New York (Case No. 1:21-cv-01384).

Orange County Supreme Court Dismisses Claims of Nursing Home Negligence related to Pressure Ulcers and Fungal Dermatitis without Prejudice under the EDTPA in Crampton v. Garnet Health

Written by: Jeffery T. Wolber, Esq. Judge Bartlett of Orange County Supreme Court granted a partial motion to dismiss under §3211(a)(7) (failure to state a claim) based on the civil immunity provided by New York’s Emergency or Disaster Treatment Protection Act (EDTPA). Although this is a trial court decision, its analysis will be helpful for

NY’s First Department Rules that Attorney’s Email Signature Block is Sufficient to Create Binding Settlement Agreement in Matter of Philadelphia Ins. Indem. Co. v. Kendall

Written by: Jeffrey T. Wolber, Esq. In a decision from New York’s Appellate Division, First Department, the court held that an email containing an attorney’s automatically-populated signature block was sufficient to constitute a “subscribed” writing within the meaning of CPLR 2104 for purposes of enforcing a settlement agreement. CPLR 2104 reads in pertinent part: An agreement

Judge Edwards of Kings County Grants Summary Judgment in Favor of Medical Malpractice Defendants in Moore v. Volokh—Holds Plaintiff’s Experts Failed to Refute Causation Arguments

Written by: Jeffrey T. Wolber, Esq. Editor: Nicole Callahan, Esq. On June 11, 2021, Kings County Supreme Court Justice Genine Edwards issued a decision granting summary judgment in favor of a radiology center and its radiologist.  In this action, the plaintiff claimed a failure to diagnose stomach cancer following an abdominal contrast study. The radiology defendants moved

Bronx County Supreme Court Rules on Applicability of New York’s EDTPA to Medical Malpractice Claim for Stroke Presentation

Written by: Jeffrey T. Wolber, Esq. On June 4, 2021 Judge Higgitt of the Bronx County Supreme Court issued a decision denying a motion to dismiss under CPLR 3211(a)(7) for failure to state a claim based on the civil immunity  provided by New York’s Emergency or Disaster Treatment Protection Act (EDTPA) and Governor Cuomo’s Executive

Bronx County Supreme Court Dismisses Medical Malpractice Claim Under the EDTPA and Executive Order 202.10 in Hampton v. City of N.Y.

Written by: Jeffrey T. Wolber, Esq.  On June 3, 2021 Judge Danziger of Bronx County Supreme Court issued a decision granting a motion to dismiss under CPLR 3211(a)(1) (documentary evidence) and (7) (failure to state a claim) based on the civil immunity  provided by New York’s Emergency or Disaster Treatment Protection Act (EDTPA) and Governor

Summary of the Landscape of Civil Immunity against COVID-19 Claims in New York

Written by: Jeffrey T. Wolber, Esq. With the repeal of the Emergency or Disaster Treatment Protection Act (EDTPA) by A.03397/S.5177, the New York legislature has effectively terminated its civil immunity for health care professionals against claims involving COVID-19. Because this repeal does not have retroactive effect, there are three main types of immunity left behind that

Civil Immunity for COVID-19 Claims in New York: Impact of the Repeal of the EDTPA

Written by: Jeffrey T. Wolber, Esq. On April 6, 2021, Governor Cuomo signed into law A.03397/S.5177, repealing Article 30-d of the Public Health Law, also known as the Emergency or Disaster Treatment Protection Act, or the EDTPA, which provided civil immunity to health care professionals and entities for certain claims involving COVID-19. The EDTPA was