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Blog Editor: Nicole A. Callahan

Written by:  Nicole Callahan, Esq. and Daniele DeZago, Esq. I.          INTRODUCTION The New York Legislature recently passed Bill S74A, also called the Grieving Families Act, which would amend sections of the EPTL that provide for the types of damages that may be awarded in wrongful death actions.  Governor Hochul is expected to sign this bill into law as written, thereby significantly expanding the damages available and,

Author: Jeffrey T. Wolber The First Department reversed a Bronx County Supreme Court order denying the defendants’ motion to dismiss pursuant to the statute of limitations in Ford v. Lee, 2022 NY Slip Op 01414 (1st Dept Mar. 8, 2022). The case involved allegations of delayed diagnosis of lung cancer following an abdominal/pelvic CT scan on May 16, 2014, after which the reviewing radiologist recommended a dedicated chest CT

Written by: Joshua T. Reece, Esq. Edited by: Nicole A. Callahan, Esq. New York's governor closed 2021 by signing into the law the Comprehensive Insurance Disclosure Act (CIDA), which placed onerous new insurance disclosure requirements on defendants. The most onerous provisions of CIDA were struck when the law was amended on February 24, 2022. Given this rapidly shifting landscape, we summarize and propose several strategies to successfully manage the brave

Written by: Joshua T. Reece, Esq. Edited by: Nicole A. Callahan, Esq. At the end of 2021, the Appellate Division, Second Department revisited disclosure and New York's Quality Assurance ("QA") privilege in Siegel v. Snyder, No. 6612/2016, 2021 WL 6057821 (2d Dept. Dec. 22, 2021). The long-standing privilege shields from disclosure certain materials and statements related to hospital, medical/psychiatric facility, and nursing home programs intended to promote quality of care

In a Reuters’ article examining a decision by Citigroup Inc. to terminate U.S. employees not vaccinated by January 14, 2022, Hall Booth Smith Partner Jacqueline Voronov said it is well within the company’s right to do so, citing the courts’ upholding of private employer mandates in a tidal wave of claims from staff refusing to have a shot. “A private employer is allowed to mandate its own policy.

NEW YORK, NY – January 6, 2022 – Hall Booth Smith, P.C. is pleased to welcome experienced attorney Stewart G. Milch as Of Counsel to its growing office in New York City. For almost 30 years Stewart has concentrated his practice on appeals to safeguard hard-fought victories and overturn unfavorable outcomes in lower courts. He has briefed and argued more than 100 appeals in New York, New Jersey, Texas,

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). The law, codified at Public Health Law § 2828, imposes an annual profit cap for residential

In an article in Healthcare Risk Management, Drew Graham, a Partner and leader of Hall Booth Smith’s Aging Services Practice, explains how a decision from the 3rd Circuit U.S. Court of Appeals holding that nursing homes were not protected by the 2005 Public Readiness and Emergency Preparedness (PREP) Act in the way they thought, may result in long-term care facilities being subject to far more COVID-19 claims than

In a New York Law Journal article evaluating the application of the Public Readiness and Emergency Preparedness Act (PREP) to claims of healthcare provider liability related to medical countermeasures against the COVID-19 pandemic, Drew Graham and Teresa Tomlinson, Partners at Hall Booth Smith, explain why the PREP Act may finally get the review it is due following the remanding by district courts of more than 100 cases claiming

Author: Benjamin Youssef Editor: Nicole A. Callahan, Esq. The scope of New York Vehicle and Traffic Law (VTL) §1104 has been reaffirmed in a decision issued by the Honorable Judge Evan Inlaw of Yonkers City Court, who issued a decision in State Farm Fire & Cas. Co. v. City of Yonkers, granting the defendants’ motion for summary judgment regarding police emergency operations and the level of reckless disregard necessary for