Recent Publications - Barry I. Levy


The Fair Chance Act
October 31, 2015 | Employment & Labor
The Fair Chance Act, which imposes substantial restrictions and obligations on New York City employers, goes into effect on October 27, 2015. Generally, the ordinance prohibits an employer (with at least four employees) from inquiring about a candidate’s pending arrest or conviction record until after a conditional offer of employment has been extended.  Only a …
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Second Circuit Affirms Default Judgment In A Multi-Million Dollar RICO Action Stemming From Fraudulent Dental Practices
January 31, 2011 | Appeals | Employment & Labor
State Farm Mutual Automobile Insurance Company v. Barry Cohan, D.D.S. et al                        United States Court of Appeals For The Second Circuit A decision issued by the United States Court of Appeals for The Second Circuit on February 8, 2011 affirmed an order of the District Court, which denied defendants’ motion to set aside an entry …
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Fierce Litigation Battles Over Range of ‘Mallela’ Issues
March 5, 2010 | Appeals | Employment & Labor | Insurance Coverage
In State Farm Mutual Auto. Ins. Co. v. Mallela,[1] the New York Court of Appeals held that an insurer may withhold payment for medical services provided by “fraudulently incorporated” enterprises to which patients had assigned their no fault claims. As indicated in the Insurance Fraud column published here in January,[2] that ruling (in which the …
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Five Years Later, Issues From Mallela Continue To Be Litigated
January 8, 2010 | Appeals
It has been almost exactly five years since the New York Court of Appeals issued its decision in State Farm Mutual Auto. Ins. Co. v. Mallela,[1] establishing that a violation of a licensing requirement by a medical provider renders the provider ineligible to be reimbursed by an insurance company for no fault[2] claims that have …
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