By Michael J. Spithogiannis, Esq. Email Michael The New York Court of Appeals, by a unanimous bench, decided a question that has been highly contested throughout New York State emanating from the sale and demutualization of Medical Liability Mutual Insurance Company (“MLMIC”), a mutual insurance company in the business of issuing medical malpractice policies to […]
Continue reading…AVOID LITIGATION DISASTER – KNOW THE LAW
By Michael J. Spithogiannis, Esq. & Floyd Grossman, Esq.Email MichaelEmail Floyd Federal and state governments regularly pass laws to protect consumers. It is up to private businesses to adapt. This requires a thorough, well-counseled understanding of legislative objectives. Two recent foreclosure cases illustrate how common sense and extra postage might have averted litigation disaster for the […]
Continue reading…Weiss Zarett Defeats Motion To Dismiss Fraudulent-Conveyance Complaint
By Michael J. Spithogiannis, Esq.Email Michael Fundamentally, a judgment is a decree determining a lawsuit. If the plaintiff is awarded damages, the judgment will direct the defendant to pay. If the defendant refuses, it’s up to the plaintiff to find assets to seize. But what if the defendant hid or transferred assets to avoid paying? […]
Continue reading…WEISS ZARETT WINS REVERSAL ON APPEAL AND DISMISSAL OF TORTIOUS-INTERFERENCE CLAIMS
By Michael D. Brofman, Esq. & Michael J. Spithogiannis, Esq.Email Michael BrofmanEmail Michael Spithogiannis Imagine winning litigation after being a defendant in a contract dispute and then having the plaintiff start another suit arising out of the same contract but on a different theory. That is essentially the issue that Weiss Zarett faced recently in its […]
Continue reading…Weiss Zarett Defeats Preliminary Injunction Application Related To Client’s 11 Year Use Of Trade Name
By Michael D. Brofman, Esq. & Joshua D. Sussman, Esq.Email MichaelEmail Joshua The motion, called a preliminary injunction application, was heard Tuesday before the United States District Court for Eastern District of New York within three days of lawsuit being commenced. At argument before the Judge, after the Court noted that the competitor had not […]
Continue reading…Commercial Litigation: Enforcing Employee Non-Compete Clauses
By Joshua D. Sussman, Esq.Email Joshua Your Director of Sales suddenly quits and announces they are joining a direct competitor up the road. The new opportunity is in direct breach of their non-compete agreement, which prohibits them from competing with your company within ten miles of your office for two years after the end of […]
Continue reading…Weiss Zarett Wins Dismissal of Hospital’s Complaint in MLMIC Litigation
As discussed in a prior client alert, in late-2018, MLMIC – a mutual medical malpractice insurance company – was sold to Berkshire Hathaway and “demutualized,” meaning it was converted from a mutual insurance company owned by its physician-policyholders to a stock insurance company owned by conventional shareholders. As part of that transaction, physicians covered by […]
Continue reading…New York Supreme Court Dismisses Employer’s Complaint in MLMIC Litigation
By David A. Zarett, Esq. Email David In a prior web alert, we discussed the sale and demutualization of Medical Liability Mutual Insurance Company (“MLMIC”), and how physician-policyholders insured by MLMIC between 7/2013 and 7/2016 were entitled to the proceeds arising from that transaction. We also discussed that MLMIC had an “objection” procedure for certain […]
Continue reading…Debtors Not Entitled to Automatic Stay Under the Bankruptcy Code in False Claims Act Litigation
By Michael D. Brofman, Esq. On March 13, 2017, the United States District Court for the Middle District of Tennessee issued a ruling that the defendants in a pending civil action brought by the government under the False Claims Act (“FCA”) were not entitled to an automatic stay of proceedings as provided for in the […]
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