Judge Rakoff of the Southern District of New York Applies State Pleading Requirements to Grant Motion for Remand in Favor of Products Liability Plaintiff in Resnik v. Rite Aid of New York, Inc., et al. – Determining that Plaintiff did not Fraudulently Join Codefendants
Written by: Evan M. O’Hara, Esq. Editor: Nicole A. Callahan, Esq. On July 12, 2021, the Honorable Jed S. Rakoff, United States District Judge for the Southern District of New York, issued a decision granting the plaintiff’s motion to rem
Healthcare Risk Management: Allison Averbuch on Employer Considerations Behind Mandating COVID-19 Vaccines
In an article published by Healthcare Risk Management on July 27, 2021, Associate Allison Averbuch is quoted discussing considerations for employers deciding whether to mandate the COVID-19 vaccine for employees. While recent Equal Employment Op
Physicians Practice: James Embrey Reviews Liability Issues Related to Telemedicine & Telehealth
In an article published online in Physicians Practice on June 26, 2021, Partner James Embrey discusses liability issues related to telemedicine and telehealth, as demand for both continues to increase. “Telemedicine and telehealth services wer
Florida Employers Cannot Be Required to Pay For an Evaluation by a Health Care Provider That Has, As Its Sole Purpose, a Recommendation for Marijuana Treatment
Written by: Rayford H. Taylor, Esq. The First District Court of Appeal in the case of Patrick Sean Jones v. Grace Health Care, ______ So.2d ______, (1D19-1684, June 30, 2021) was presented with the question of whether an employer/carrier should
July 2021 Immigration Updates
Written by: Ashik R. Jahan Esq. and Navroz Tharani F-1 Change of Status & The B-1/B-2 Bridge the Gap: In an effort to reduce costs, U.S. Citizenship and Immigration Services announced a new policy that eliminates the need for individuals who
Part B News: Mariel Smith on How Physician Practices May Limit Liability Related to Patient Violence
In an article published by Part B News on July 19, 2021, Partner Mariel Smith is quoted discussing considerations for physician practices to limit liability related to patient violence. Recent news that a psychiatry resident at Penn Hospital in
Florida Court Rules Receipt of Unemployment Compensation Benefits are Primary and Employer/Carriers Are Not Required to Affirmatively Assert an Offset Defense Prior to Payment of Any Temporary Partial Disability Benefits
Written by: Rayford H. Taylor, Esq. The First District Court of Appeal in the recent case of N. Hannoush Jewelers, Inc. v. Bly, 1D20-2432, (Fla. 1st DCA June 30, 2021) addressed the effect of an employee’s receipt of unemployment compensat
Orlando Business Journal: Ryan Rivas Discusses Employer-Mandated COVID-19 Vaccines
In an article published by the Orlando Business Journal on July 19, 2021, Tampa Partner R. Ryan Rivas is quoted discussing employer mandated COVID-19 vaccines. “’I think mandatory vaccination is not a popular position to take. But it mig
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 “subscrib
Qualified Settlement Fund: An often overlooked and underutilized tool to ensure final resolution and client protection from third-party lien holders
Written by: Ryan M. Donihue, Esq. Defense attorneys in medical malpractice or catastrophic injury cases often overlook and do not utilize the important and available tool of a Qualified Settlement Fund in order to ensure full protection for a cl