Recent News - Barry I. Levy


53 Rivkin Radler Attorneys Named 2023 New York Metro Super Lawyers®/Rising Stars
September 22, 2023 | Professional Liability | Real Estate, Zoning & Land Use | Trusts & Estates | Compliance Investigations & White Collar | Appeals | Bankruptcy | Commercial Litigation | Construction | Employment & Labor | Health Services | Insurance Coverage | Tax

Rivkin Radler LLP is pleased to announce that 36 attorneys were named to the 2023 New York Metro Super Lawyers List and 17 attorneys were named 2023 New York Metro Rising Stars. Following is a list of attorneys and the practice areas for which they were recognized.

Being named a Super Lawyer is an honor

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3 Rivkin Radler Attorneys Recognized by Best Lawyers as 2024 “Lawyers of the Year”
August 23, 2023

The 2024 edition of Best Lawyers recently recognized Rivkin Radler partners Jill F. Bechtold, Evan H. Krinick and Barry I. Levy as “Lawyers of the Year.” Only a single lawyer in each practice area and designated metropolitan area is honored as the “Lawyer of the Year,” making this a significant and coveted accolade. These lawyers

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Levy and Henesy Speak at Fraud Seminar
April 17, 2023 | Insurance Fraud

On April 13, 2023, Barry Levy and Steven Henesy took part in a half-day Joint Medical Fraud Seminar hosted by the New York Anti Car Theft and Fraud Association and the National Insurance Crime Bureau. The seminar, “Medical Receivable Funding in No-Fault and the Evolution of Mallela,” presented medical fraud trends to law enforcement and

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4 Members of Rivkin Radler Receive Leadership in Law Awards
November 18, 2022

Rivkin Radler is proud to announce that four members of the law firm, Rivkin Radler LLP, received Leadership in Law awards from Long Island Business News. The awards recognize individuals who demonstrate dedication, hard work, skill, tenacity and excellence, along with leadership qualities in both the legal profession and in the community.

The following honorees

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Rivkin Radler Attorneys Named 2022 New York Metro Super Lawyers®/Rising Stars
September 22, 2022

Rivkin Radler LLP is pleased to announce that 32 attorneys were named to the 2022 New York Metro Super Lawyers List and 14 attorneys were named 2022 New York Metro Rising Stars. Following is a list of attorneys and the practice areas for which they were recognized.

Being named a Super Lawyer is an honor

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46 Rivkin Radler Attorneys Included in the 29th Edition of The Best Lawyers in America/Best Lawyers: Ones to Watch
August 18, 2022

The Best Lawyers in America has recognized Rivkin Radler LLP’s attorneys in its 2023 edition.

Two Rivkin attorneys, both of whom are based on Long Island, have been named Lawyer of the Year: William Cornachio for his work in Real Estate Law and William Savino for his work in both Insurance Law and Litigation-Insurance.

In

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Rivkin Radler Joins Coalition Against Insurance Fraud
February 18, 2022 | Insurance Fraud

We are pleased to announce that Rivkin Radler has become the newest member of the Coalition Against Insurance Fraud.

The organization’s mission is to “leverage the combined energy and resources of consumers, government organizations and insurers. Fostering an environment and forum where collaboration thrives to: 1) combat all forms of insurance fraud, 2) reduce costs

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35 Rivkin Radler Attorneys Named to Best Lawyers in America©/ Best Lawyers: Ones to Watch for 2022 – 24 Practice Areas Recognized
November 4, 2021

The prestigious Best Lawyers in America has again included Rivkin Radler LLP in its U.S. rankings for 2022. For the first time, the firm was recognized in the areas of tax and technology.

One Rivkin attorney, based in Albany, has been named Lawyer of the Year: Richard A. Frankel, for Trusts and Estates.

In addition,

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Rivkin Radler Attorneys Named 2021 New York Metro Super Lawyers
October 1, 2021

Rivkin Radler LLP is pleased to announce that 30 attorneys were named to the 2021 New York Metro Super Lawyers List and 13 attorneys were named 2021 New York Metro Rising Stars. Following is a list of attorneys and the practice areas for which they were recognized.

Being named a Super Lawyer is a tremendous

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35 Rivkin Radler Attorneys Named to Best Lawyers in America®/ Best Lawyers: Ones to Watch for 2022
August 19, 2021 | Real Estate, Zoning & Land Use | Trusts & Estates | Compliance Investigations & White Collar | Commercial Litigation | Construction | Employment & Labor | Health Services | Insurance Coverage | Insurance Fraud | Intellectual Property | Corporate | Tax

The prestigious Best Lawyers in America has again included Rivkin Radler LLP in its U.S. rankings for 2022. For the first time, the firm was recognized in the areas of tax and technology.

One Rivkin attorney, based in Albany, has been named Lawyer of the Year: Richard A. Frankel, for Trusts and Estates.

In addition,

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Rivkin Radler Attorneys Named As 2020 New York Metro Super Lawyers
October 28, 2020 | Professional Liability | Real Estate, Zoning & Land Use | Trusts & Estates | Compliance Investigations & White Collar | Appeals | Bankruptcy | Commercial Litigation | Construction | Employment & Labor | General Liability | Health Services | Insurance Coverage | Medical Malpractice Defense

Rivkin Radler LLP is pleased to announce that 23 attorneys were named to the 2020 New York Metro Super Lawyers List and 13 attorneys were named 2020 New York Metro Rising Stars. Following is a list of attorneys, the practice areas for which they were recognized, and the years they were included in Super Lawyers.

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18 Rivkin Radler Attorneys Named to Best Lawyers in America© – 4 Named ‘Lawyer of the Year’
August 26, 2020 | Real Estate, Zoning & Land Use | Trusts & Estates | Appeals | Commercial Litigation | Construction | Employment & Labor | Health Services | Insurance Coverage

The prestigious Best Lawyers in America has included Rivkin Radler LLP in its U.S. rankings for 2021. For the first time, four Rivkin attorneys, all based in the firm’s Long Island office, have been named Lawyer of the Year:

Attorney                                Practice Area

Barry I. Levy                           Litigation-Health Care

Brian S. Conneely                  Employment Law-Management

Wendy H.

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Rivkin Team Scores Victory in the Appellate Division, Fourth Department
August 23, 2019 | Appeals

In an action involving the assignee of certain claims for no-fault benefits, the Appellate Division, Fourth Department reversed the lower court’s decision and dismissed plaintiff’s sole cause of action for prima facie tort against our insurance client. Specifically, the Court concluded that the complaint was devoid of facts to support two critical elements of prima facie

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18 Rivkin Radler Attorneys Named to Best Lawyers in America®
August 15, 2019 | Real Estate, Zoning & Land Use | Trusts & Estates | Appeals | Commercial Litigation | Construction | Employment & Labor | Health Services | Insurance Coverage

Uniondale, New York – August 15, 2019 – The prestigious Best Lawyers in America has included Rivkin Radler LLP in its U.S. rankings for 2020.  Attorneys from the firm’s Albany, Hackensack and Uniondale offices were included. The lawyers listed, their offices and the categories of law in which they are listed, are as follows:

Albany,

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New York’s highest court decides Carothers case, holding that a finding of fraud is not required for an insurer to withhold payments to a medical service corporation that violates material licensing requirements
June 11, 2019 | Appeals | Insurance Fraud

Andrew Carothers, M.D., P.C. v. Progressive Insurance Company, et. al.

June 11, 2019 – Albany, NY – In a major victory for the insurance industry, the New York Court of Appeals, the highest court in New York, has affirmed the 2017 order of the Appellate Division upholding the trial verdict and judgment in favor of

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Rivkin Radler Attorneys Named Among Best Lawyers® in America
September 10, 2018 | Trusts & Estates | Appeals | Commercial Litigation | Construction | Employment & Labor | Health Services | Insurance Coverage

The prestigious Best Lawyers® in America has included Rivkin Radler LLP in its U.S. rankings for 2019. Attorneys from the firm’s Albany, Hackensack and Uniondale offices were included. The recognized lawyers and the categories of law in which they are listed, are as follows:

Brian Bank – Insurance Law

Brian S. Conneely – Employment Law

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16 Rivkin Radler Attorneys Named to Best Lawyers in America®
August 15, 2018 | Trusts & Estates | Appeals | Commercial Litigation | Construction | Employment & Labor | Health Services | Insurance Coverage

The prestigious Best Lawyers in America has included Rivkin Radler LLP in its U.S. rankings for 2018.  Attorneys from the firm’s Albany, Hackensack and Uniondale offices were included. The lawyers listed, their offices and the categories of law in which they are listed, are as follows:

Albany, N.Y.

Michael J. Cunningham – Litigation-Construction

Richard A.

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MRI Supplier Granted Dismissal with Prejudice
July 30, 2018 | Commercial Litigation

In a bench trial in the Superior Court of New Jersey, Hudson County, Barry Levy and John Robertelli persuaded the Hon. Jeffrey R. Jablonski to dismiss Plaintiff’s claims against our client, Monarch Medical, with prejudice.

The Plaintiff, North Jersey Imaging Center, filed a complaint against our client, an MRI equipment supplier, following the sale of

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Levy, Bank and De La Hoz Secure Pre-Answer Dismissal
April 26, 2018 | Employment & Labor

Barry Levy, Brian Bank, and Catalina De La Hoz secured pre-answer dismissal, with prejudice, of all claims against their client, a labor union, brought by a former union member.  The case arose after the union declined to file an Article 75 proceeding to vacate an arbitration award sustaining the termination of the former member’s employment

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17 Rivkin Radler Attorneys Named Among Best Lawyers® in America
September 29, 2017 | Trusts & Estates | Commercial Litigation | Construction | Employment & Labor | Health Services | Insurance Coverage | Insurance Fraud

The prestigious Best Lawyers in America® has included Rivkin Radler LLP in its U.S. rankings for 2018.  Attorneys from the firm’s Albany, Hackensack and Uniondale offices were included. The lawyers listed, their offices and the categories of law in which they are listed, are as follows:

Albany, N.Y.

Brian Culnan – Commercial Litigation

Michael J.

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Levy, Gershenoff, Robertelli and Kang Obtain Federal Decision Striking Pleadings
September 25, 2017 | Barry I. Levy | Max Gershenoff | John J. Robertelli | Gene Y. Kang | Insurance Fraud

Barry Levy, Max Gershenoff, John Robertelli, and Gene Kang of Rivkin Radler obtained a federal decision in New Jersey striking the pleadings of two Defendants alleged to be involved in a fraudulent insurance scheme in an action seeking more than $3 million in damages.

The decision, by Judge Anne E. Thompson of the United States

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Rivkin Radler Attorneys Named As 2017 New York Metro Super Lawyers
September 19, 2017

Rivkin Radler LLP is pleased to announce that 20 attorneys were named to the 2017 New York Metro Super Lawyers List and 10 attorneys were named New York Metro Rising Stars.

*Brian Bank – Business Litigation

Todd M. Belous – Professional Liability: Defense

*Michelle Bholan – Business Litigation

Jonathan B. Bruno – Professional Liability:  Defense

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Levy, Bank, & Bholan Obtain Summary Judgment Dismissing All Claims Against Client
July 11, 2017 | Employment & Labor

Barry Levy, Brian Bank, and Michelle Bholan obtained summary judgment dismissing all claims asserted by local union officers against AFSCME International in an action brought in the Southern District of New York.  The action challenged AFSCME International’s imposition of an administratorship over the local union.

The court, in granting the motion in its entirety, adopted

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Levy, Bank, & Smith Obtain Dismissal of Civil RICO/Antitrust Lawsuit Against Warren Buffett, Berkshire Hathaway, and GEICO
July 7, 2017 | Barry I. Levy | Joshua D. Smith | Brian L. Bank | Commercial Litigation

Barry Levy, Brian Bank, and Joshua Smith obtained a dismissal of a federal lawsuit brought under the RICO Act and federal anti-trust laws against the firm’s clients, Warren Buffett, Berkshire Hathaway, and GEICO. The Plaintiff, a formerly licensed New Jersey physician, alleged a vast conspiracy by the Defendants – including New Jersey Governor Chris Christie

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Levy and Tiscione speak at Liberty Mutual’s Insurance Fraud Week
October 31, 2016 | Commercial Litigation | Employment & Labor | Insurance Fraud

Barry Levy and Frank Tiscione spoke at Liberty’s Mutual’s insurance fraud week.  They discussed the epidemic of New York patients being shuttled to New Jersey, the impact of EUOs; kickback and runner schemes; and a variety of testing protocols being used such as MUAs, surgeries, and diagnostic tests.

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8 Rivkin Radler Attorneys Listed in Best Lawyers® 2017 – List Recognizes Lawyers in Uniondale and Hackensack Offices
August 15, 2016 | Trusts & Estates | Employment & Labor | Health Services | Insurance Coverage | Insurance Fraud

The prestigious Best Lawyers in America® has included Rivkin Radler LLP in its U.S. rankings.

The lawyers listed, and the categories of law in which they are listed, are as follows:

Brian R. Ade, partner – Insurance Law
John L. Rivkin, partner – Insurance Law
Christopher J. Kutner, partner – Health Care LawRead More

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Rivkin Radler Obtains First New Jersey Federal Decision Sustaining Insurers’ Declaratory Judgment Claim Regarding Pending No-Fault Billing
August 3, 2016 | Commercial Litigation | Insurance Fraud

Barry Levy, Max Gershenoff, John Robertelli, and Gene Kang of Rivkin Radler obtained the first-ever federal decision in New Jersey sustaining an insurer’s right to seek a declaratory judgment to the effect that it is not obligated to pay pending no-fault insurance billing that is alleged to be fraudulent.

The decision, by Judge Madeline Cox

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New York Court of Appeals Rejects Health Insurer’s Claim Seeking Reimbursement Against Automobile Insurer for Claim Payments Under New York’s No-Fault Law
June 16, 2016 | Commercial Litigation | Insurance Fraud

The New York Court of Appeals issued a decision yesterday that will have wide-ranging impact on issues of reimbursement between health insurers and automobile insurers.  In Aetna Health Plans v. Hanover Insurance Company, the court concluded, by a 5-2 vote, that Aetna, a health insurer, was not entitled to seek reimbursement from Hanover, a no-fault

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New York Court of Appeals Rejects Claim of Office-Based Surgical Practice Seeking Facility Fees Under New York’s No-Fault Law
April 1, 2016

In a unanimous decision, the New York Court of Appeals found that accredited office-based surgical practices (OBS) are not entitled to collect fees from automobile insurers for the use of medical facilities in providing surgical and other professional services. While this decision dismissed $1.3 million in disputed claims, the ripple effect will impact millions of

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Levy, Green & Mann Secure Dismissal for GEICO
March 24, 2016 | Employment & Labor

Barry Levy, Scott Green, and Greg Mann secured a pre-answer dismissal of an Americans with Disabilities Act action filed against GEICO by an automobile insurance policyholder.   In Kropp v. GEICO- Government Employees Insurance Company et al ., United States District Court Judge Paul Gardephe concluded that GEICO’s denial of Plaintiff’s lost earnings claim on the

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Rivkin Radler Attorneys Named As 2015 New York Metro SuperLawyers
October 1, 2015 | Appeals | Health Services

Rivkin Radler LLP is pleased to announce that sixteen attorneys have been named to the 2015 New York Metro Super Lawyers List and four attorneys were named as New York Metro Rising Stars.  Rivkin attorneys were named SuperLawyers in the categories of Appellate Law, Bankruptcy, Business Litigation, Construction Litigation, Health Care Law, Insurance Coverage and

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Levy, Gershenoff, Robertelli, Doran, and Smith Obtain Strategic Anti-Fraud Win for NJ Auto Insurance Industry
September 14, 2015 | Appeals

Barry Levy, Max Gershenoff, John Robertelli, Patricia Doran, and Josh Smith obtained a strategic victory for the New Jersey automobile insurance industry in Government Employees Ins. Co. v. Tawadrous, et al. when the United States District Court for the District of New Jersey denied the defendants’ motion to dismiss GEICO’s civil RICO, New Jersey Insurance

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Barry Levy and Ryan Goldberg obtain favorable judgment
December 22, 2014 | Appeals

Barry Levy and Ryan Goldberg obtained a Judgment in favor of GEICO in excess of $1,700,000.00, in a major federal RICO fraud case, against three lay-person “ringleaders” who spearheaded a massive fraudulent scheme to defraud GEICO.

Please click the link below to view the Decision. Adobe Reader is required to view the bulletin. If Adobe

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Rivkin Radler Prevails on behalf of Allstate in New York Court of Appeals
November 30, 2014 | Appeals

Lead by Barry I. Levy, Evan Krinick, Alan Eagle and Henry Mascia, Rivkin Radler’s Litigation and Appeals Group successfully represented Allstate Insurance Company in the most recent challenge launched against the Company in New York in the lead paint coverage arena.  Rivkin Radler was retained solely for the Court of Appeals briefing and argument, and

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Rivkin Radler Attorneys Named As 2014 New York Metro SuperLawyers
October 1, 2014 | Appeals | Directors & Officers Liability | Health Services | Corporate

Rivkin Radler LLP is pleased to announce that seventeen attorneys were named to the 2014 New York Metro Super Lawyers List and four attorneys were named as New York Metro Rising Stars.  Rivkin attorneys were named SuperLawyers in the categories of Bankruptcy, Health Care Law and Business Litigation. Below are the honorees from these categories:

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Barry Levy and Scott Green secure pre-answer dismissal
August 6, 2014 | Appeals

Barry I. Levy and Scott Green secured a pre-answer dismissal of a wage and hour class action claim filed against GEICO by a former automobile damage adjuster.  In a United States District Court Judge Joanna Seybert agreed with GEICO that plaintiff failed to properly allege that the company violated Federal or New York State wage

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Rivkin Team Scores Victory for GEICO in Second Circuit
June 17, 2014 | Appeals | Insurance Coverage

Barry I. Levy, Cheryl Korman and Merril Biscone successfully convinced the Second Circuit to affirm the dismissal of a former employee’s retaliation claim against GEICO. 

The plaintiff, a former New York based auto damage supervisor, asserted Federal and New York State claims against GEICO, alleging that the company had retaliated against him by terminating his

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Rivkin Radlers Obtains Significant Victory on behalf of Olympic Gold Medal Winning Basketball Coach Geno Auriemma
April 16, 2014 | Appeals | Employment & Labor

Cheryl Korman, Barry Levy and Ken Novikoff obtained a significant victory on behalf of Olympic Gold Medal Winning Basketball Coach Geno Auriemma when the Appellate Division affirmed the trial court’s summary dismissal of the complaint filed by an NBA employee, alleging violations by Mr. Auriemma of the State and City Human Rights Laws.

Please click

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Rivkin Radler Secures Complete Dismissal of Case Challenging Right to Use Peer Reviews to Evaluate MRI Claims
April 16, 2014 | Appeals

Barry Levy, Max Gershenoff, and Michael Schnepper, of Rivkin Radler’s Litigation & Appeals practice group, secured a major victory for New York no-fault automobile insurers in New York Diagnostic Medical Care, P.C. v. GEICO Casualty Insurance Co., Index No. 650766/2013, convincing the Supreme Court, New York County to grant a motion to dismiss a healthcare

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Krinick, Levy, and Bank help secure Appellate Division affirmation of decision invalidating Mayor Bloomberg’s Soda Ban
August 1, 2013 | Appeals

Evan Krinick, Barry Levy, and Brian Bank helped secure a victory in the Appellate Division, First Department on behalf of Soft Drink and Brewery Workers Union, Local 812, International Brotherhood of Teamsters, and others in a matter regarding the validity of the New York City Board of Health’s Sugary Drinks Portion Cap Rule, widely dubbed

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Appellate Court Upholds Insurers’ Defense Verdict Involving Approx. $20 Million In Pending Claims
July 5, 2013 | Appeals

The Appellate Term, Second Department, has upheld the trial verdict and judgment in favor of 53 NY automobile insurers and self-insurers in Andrew Carothers, M.D., P.C. v. Progressive Insurance Co.  Rivkin Radler partner Barry I. Levy successfully argued the appeal before the Appellate Term, with the rest of Rivkin Radler’s team – partners Evan H.

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Ken Novikoff, Barry Levy and Brian Bank Obtain Victory
April 17, 2013 | Appeals | Employment & Labor

Ken Novikoff, Barry Levy and Brian Bank, members in the firm’s Employment & Labor and Litigation & Appeals Practice Groups, obtained victory on behalf of Geno Auriemma, Head Coach of the 2012 United States Women’s Olympic Basketball Team in a nationally publicized employment discrimination lawsuit commenced by an employee of the NBA.  The New York

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Rivkin Radler Team Secures Dismissal of More Than $30,000,000 in RICO Claims Against The National Conference of Insurance Guaranty Funds, Inc.
August 21, 2012 | Appeals | Employment & Labor

Barry Levy and Max Gershenoff of Rivkin Radler LLP’s Litigation and Appeals practice group today secured the dismissal with prejudice of more than $30,000,000 in civil RICO claims against The National Conference of Insurance Guaranty Funds, Inc., in a Southern District of New York case entitled Petrosurance, Inc. v. National Association of Insurance Commissioners, et

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Litigation Team Scores Major Victory for Liberty Mutual
June 22, 2012 | Appeals | Insurance Coverage

Congratulations to Barry I. Levy, Michael A. Sirignano, Glenn Egor and Frank Tiscione who scored a major victory on behalf of Liberty Mutual Insurance Company in defeating a motion seeking to dismiss the client’s action against a series of individuals and entities alleging claims for violations of the federal RICO statute and NY Common Law

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Identifying and Combating No Fault Fraud
May 10, 2012

Members of Rivkin Radler’s Litigation & Appeals Practice Group presented a conference entitled, “Identifying and Combating No Fault Fraud.”  No Fault insurance fraud continually evolves, and presents new challenges every day. 

This half-day program and luncheon was a unique opportunity to hear experienced insurance company counsel discuss the latest trends in No Fault fraud, including medical

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Barry Levy and Michael Sirignano co-presenters at the NYACT’s annual state anti-fraud conference
November 14, 2011 | Real Estate, Zoning & Land Use | Appeals | Employment & Labor

Partners Barry Levy, Employment & Labor and Litigation & Appeals Practice Groups, and Michael Sirignano, Litigation & Appeals and Real Estate, Zoning & Land Use Practice Groups, co-present a seminar titled, “Affirmative Litigation Trends and Issues,” at the NYACT’s annual state anti-fraud conference in Garden City, NY.

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Rivkin Radler Team Wins Major Victory For New York Auto Insurers.
June 16, 2011 | Appeals | Employment & Labor | Insurance Coverage

Rivkin Radler LLP led the effort which today secured a major victory for the New York automobile insurance industry, after the Supreme Court, Nassau County dismissed a laundry-list of claims against a broad range of insurers by a No-Fault healthcare provider which contended that the insurers’ verification requests were improper. In MDJ Medical, P.C. v. Hertz

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Michael Sirignano and Barry Levy co-present a seminar entitled, “Sue or Be Sued…”
November 17, 2009 | Appeals | Insurance Fraud

On November 17, 2009, Michael A. Sirignano and Barry Levy co-presented a seminar entitled “Sue or Be Sued:  Using Affirmative Litigation to Combat Insurance Fraud” at the New York Anti-Car Theft and Fraud Association Annual State Education Conference.

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