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French & Casey has volunteered to judge the Spring Internal Negotiation Competition for the St. John’s University School of Law Dispute Resolution Society.

February 27, 2011 • Posted By • News

Barry Meade, Esq. volunteered to judge the Spring Internal Negotiation Competition for the St. John’s University School of Law Dispute Resolution Society.  He was thrilled to participate in this exciting and educational event.

French & Casey Attends NARTC Special Litigation Conference

February 24, 2011 • Posted By • News

Earlier this month, Douglas R. Rosenzweig, Esq. attended the National Association of Railroad Trial Counsel's Special Litigation Conference in Park City, Utah.  Mr. Rosenzweig was a featured speaker at the conference, giving a presentation entitled "Ethics and Social Media".  The Special Litigation Conference allows for railroad trial counsel throughout the country to meet and discuss matters affecting both liability and damages issues and to share experiences gained through mediations and trials in order to better represent the railroad injury.

Case Law Holds That Injury on a Scaffold Was Not “Gravity Related” and Therefore, Plaintiff’s Labor Law 240(1) Claim Was Dismissed

February 24, 2011 • Posted By Ruth A. Kavanagh • Construction Claims

Scaffolding

As discussed in our Blog of June 1, 2010, the Court in Runner v. New York Stock Exch., Inc., 13 N.Y.3d 599, 922 N.E.2d 865, 895 N.Y.S.2d 279 (2009), held that in Labor Law 240(1) matters, the “the relevant inquiry—one which may be answered in the affirmative even in situations where the object does not fall on the worker—is rather whether the harm flows directly from the application of the force of gravity to the object.”  A recent holding by the Court of Appeals, which confirmed an Appellate Division order dismissing plaintiff’s Labor Law 240(1) claim, may serve as a valuable tool in defense of certain 240(1) claims and as a means of distinguishing particular cases from Runner.

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How To Avoid Liability For Plaintiff’s Medicare Lien

January 28, 2011 • Posted By Jenna E. Elkind • Trial Practice

Medicare

After conclusion of settlement negotiations (or upon a decision of a binding arbitration), pursuant to CPLR § 5003-a, a defendant has twenty-one (21) days from tender of a duly executed release and stipulation discontinuing an action to provide the settlement check to plaintiff.  However, if plaintiff is a recipient of Medicare benefits, and Medicare had paid for any treatment underwent as a result of the subject accident, Medicare is entitled to receive repayment of the expended amounts pursuant to the Medicare, Medicaid and SCHIP Extension Act of 2007 (“MMSEA”).  Medicare will, therefore, hold a lien on any settlement or recovery proceeds. 

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Are you Protecting Your Business and Real Estate from a quick sale after your Death to Pay Estate Taxes? The Irrevocable Life Insurance Trust may very well be the answer.

January 20, 2011 • Posted By Moira E. Casey • Contracts

Moira Blog

The future of estate tax legislation is uncertain.  The $5 million per head exemption is only for two years.  We have no idea what will happen at the end of 2012 when President Obama and much of Congress runs for re-election.    The law could still revert back to $1 million per person starting in 2013.  The law could be extended one or two more years.  The law could be amended to pass what we all thought would happen-a $3.5 million per person estate tax exemption.  It is hard to know what the prospective estate tax exemption will be, but it appears likely that people in the future will continue to pay estate taxes.  Of course, in New York State, we have and will continue to have a state estate tax on estates worth over $1 million dollars.   Thus, many estates will be diminished by estate taxes if the proper planning is not put in place.

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Case Law Opens Door To Admissibility Of Plaintiff’s Rendition Of Accident Found In Medical Records

January 7, 2011 • Posted By Lance E. Benowitz • Trial Practice

Medical

During a plaintiff's medical treatment, there are many times that a hospital or medical care professional's records include a history of the accident and how it occurred. The history of the accident is at times in direct conflict with the accident description given by plaintiffs in their pleadings, Bill of Particulars and deposition testimony, or even at trial. These inconsistencies could prove a very valuable tool for defense counsel at trial to impeach plaintiffs and attack their credibility.

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Happy Holidays!

December 22, 2010 • Posted By • News

Firm Photo

French & Casey, LLP wishes all of our clients, colleagues, family and friends a Happy and Healthy Holiday Season and New Year!

French & Casey published in December 2010 issue of Scaffold Industry Magazine

December 15, 2010 • Posted By • News

Joseph French and Douglas Rosenzweig recently had an article published in the December, 2010 issue of Scaffold Industry Magazine.  The article is entitled, Overlooking Minor Details in a Contracted Job Can Result in Major Problems.  Please contact the firm if you would like a copy of the article.

French & Casey is a Proud Signatory to the NYCLA Diversity Statement

December 15, 2010 • Posted By • News

Together with firms some of the country's largest law firms, French & Casey, LLP is a proud signatory of the New York County Lawyers Association's ("NYCLA") Diversity Statement which states: "The undersigned law firm and law departments support efforts to increase diversity in the legal profession.  we call upon other law firms and law departments to join us in taking steps to implement such efforts.  We believe that law firms should not object to requests by their corporate clients that the firms report the number of hours devoted to the clients' matters by minority lawyers.  If our clients decide that they wish to publicly report the amounts of legal fees which they pay for services rendered by minority lawyers as emblematic of their commitment to increasing diversity in the legal profession, we would work with them to provide such numbers or estimates."

Social Networking Sites and Discovery in New York

December 10, 2010 • Posted By Douglas R. Rosenzweig • Trial Practice

facebook blog

Defense attorneys often suspect that plaintiffs exaggerate claims concerning the extent and nature of injuries in general and particularly how those injuries resulted in a significant loss of enjoyment of life.  In an attempt to confirm these suspicions, attorneys have long demanded authorizations for post-accident photographs, videotapes and home movies which demonstrate plaintiffs taking part in activities of daily living inconsistent with claims made in bills of particulars or during depositions.  The current battleground in attempts to obtain information which can be potentially devastating to a plaintiff’s credibility is the internet, particularly social networking sites such as MySpace and Facebook.  These sites have become such an integral part of daily life, particularly for plaintiff’s age 13-40, that plaintiffs will often post pictures of themselves without regard to the ramifications such posts may have on their lawsuit.  As such, it is critical that every effort be used to obtain this information.

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