Recent Publications - Appeals
October 31, 2014 | |
Circuit Court Upholds Decision Rejecting FMLA Claims Against Employer
The plaintiff in this case was employed by BT Americas, Inc., as a consultant for approximately three years. As a consultant, the plaintiff was assigned by BT Americas to work on telecommunications projects with client companies, and she often worked with employees of those companies.
The
Read MoreOctober 30, 2014 |
Max Gershenoff is quoted in a Bloomberg BNA Banking Daily Bulletin article entitled, “Second Circuit Seeks Guidance On NYC Regulation of Law Firms.” The law firms referred to in the article were represented by Mr. Gershenoff, Evan Krinick and Michael Versichelli.
Please click the link below to view the Article. Adobe Reader is required to view
Read MoreSeptember 30, 2014 | |
Job Applicant Fails in Suit Challenging Company’s Decision to Rescind Conditional Job Offer Based on His Medical Exam
The plaintiff in this case applied for a systems engineer position with Southern Nuclear Operating Company at one of its nuclear power plants. Southern Nuclear extended the plaintiff a job offer contingent on satisfactory completion of a
Read MoreSeptember 5, 2014 | |
It has been nearly a decade since the New York Court of Appeals ruled, in State Farm v. Mallela,[1] that a medical corporation was not entitled to be reimbursed by insurance companies under New York’s no-fault law and its implementing regulations[2] for medical services rendered by licensed medical practitioners where the medical corporation failed to
Read MoreAugust 31, 2014 | |
U.S. Supreme Court Rejects “Presumption of Prudence” for ESOP Fiduciaries
The plaintiffs in this case, former employees of Fifth Third Bancorp and participants in its employee stock option plan (ESOP), sued Fifth Third and various Fifth Third officers in a federal district court in Ohio, alleging that they knew or should have known by July
Read MoreAugust 25, 2014 | |
Insurance law is surely an area of the civil law that occupies more than its fair share of the docket of the New York Court of Appeals. This past term, the Court issued nine significant insurance law decisions, including one for which it heard reargument and vacated a unanimous – and highly controversial – ruling
Read MoreJuly 31, 2014 | | |
The plaintiff in this case was employed by BDP International as an air import coordinator. Her full time sedentary job required her to sit for most of an eight hour day and, occasionally, to lift or carry a small amount of weight.
After she was diagnosed with relapsing-remitting multiple sclerosis (“MS”) in the late 1990s,
Read MoreJuly 7, 2014 | |
Insurance companies in New York continue to expend considerable time and effort to fight no-fault automobile insurance fraud. Toward that end, one of the most effective tools is the filing of lawsuits in federal court against health care providers who have received payment for services they contend they have provided to injured policyholders. As has
Read MoreJune 30, 2014 | | |
The plaintiff in this case worked for Knight Facilities Management-GM, Inc., as a janitor for several years, during which time she alleged that she developed a sensitivity to cleaning products.
After she went to her family physician with symptoms, the doctor recommended that the plaintiff miss work for a week and wear a mask when
Read MoreMay 31, 2014 | | |
Before and after voluntarily entering bankruptcy, Quality Stores, Inc., an agricultural-specialty retailer, terminated thousands of employees. The employees received severance payments that were the result of a reduction in work force or a discontinuance of a plant or operation pursuant to two different termination plans.
Under the first plan, terminated employees received severance pay based
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