Recent News - Barry I. Levy


17 Rivkin Radler Attorneys Named Among Best Lawyers® in America
September 29, 2017 | Insurance Fraud | Insurance Coverage | Health Services | Employment & Labor | Construction | Commercial Litigation | Trusts & Estates
Uniondale, New York – October 2, 2017 – 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, …
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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 | Insurance Fraud | Employment & Labor | Commercial Litigation
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 | Insurance Fraud | Insurance Coverage | Health Services | Employment & Labor
Uniondale, New York – Aug. 15, 2016 – 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. …
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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 | Insurance Fraud | Commercial Litigation
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 | Health Services | Appeals
UNIONDALE, NY – 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 | Corporate | Health Services | Directors & Officers Liability | Appeals
UNIONDALE, NY ? 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 …
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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 | Insurance Coverage | Appeals
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 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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Rivkin Radlers Obtains Significant Victory on behalf of Olympic Gold Medal Winning Basketball Coach Geno Auriemma
April 16, 2014 | Employment & Labor | Appeals
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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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 | Insurance Coverage | Appeals
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 | Employment & Labor | Appeals | Real Estate, Zoning & Land Use
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 | Insurance Coverage | Employment & Labor | Appeals
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 | Insurance Fraud | Appeals
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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