A Divided Bench Revealed in Top Court’s Commercial Cases
February 23, 2021 | Evan H. Krinick | Henry M. Mascia | Appeals | Commercial Litigation
When discussing the U.S. Supreme Court, commentators spend considerable time reviewing the decisions of the Court to create “lineups” of conservative versus liberal Justices and to speculate which Justices, or group of Justices, are the deciding or so-called “swing” votes. In cases raising constitutional issues involving prominent social issues, legal philosophies can be observed that …
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NY Appellate Courts Cancel Oral Arguments and Suspend Filing Deadlines
March 18, 2020 | Henry M. Mascia | Appeals
The outbreak of COVID-19 presents the New York court system with unprecedented challenges.  New York’s appellate courts have responded by taking swift, decisive action.  Attorneys litigating in New York’s appellate courts should be aware of the modifications to oral argument and the deadlines established by court rules. The courts have made other temporary changes, and …
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The Broad Reach of the Medicare Fraud Strike Forces
January 3, 2020 | Appeals
It has been over a decade since the U.S. Departments of Justice and Health and Human Services (HHS) jointly created the federal government’s first Medicare Fraud Strike Force (MFSF) in South Florida. Their goal was to reduce and prevent Medicare and Medicaid fraud through enhanced interagency cooperation. Since then, the program has grown to 15 …
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N.Y. Court of Appeals Poised To Resolve Split Over Bad Faith Suits Against Insurers
October 31, 2019 | Evan H. Krinick | Appeals
After hearing oral argument earlier this month in Haar v. Nationwide Mutual Fire Ins. Co., 32 N.Y.3d 1211 (2019), the New York Court of Appeals is set to decide an important issue of insurance law and statutory interpretation that has divided the Appellate Division Departments. In Elkoulily v. New York State Catholic Heathplan, 153 A.D.3d …
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Common sense is key to staving off fraud
October 16, 2019 | Evan H. Krinick | Appeals
Two truisms: 1) smart people do stupid things; and 2) if something seems to be too good to be true, then it is probably not real. The first truism occurs when people forget the second truism. A persuasive salesperson, or a snappy marketing campaign, catches your attention. It sounds like something you have always wanted …
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Like true love, a general release lasts forever
August 26, 2019 | Evan H. Krinick | Appeals
Philosophically speaking, nothing lasts forever. Of course, romantics will tell you that true love lasts forever. In the world of litigation, the general release is the equivalent of true love – it never loses its power and force. A general release is a document that frees a person or business from ever being sued about …
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Late notice of a contract breach is a recipe for disaster
July 22, 2019 | Evan H. Krinick | Appeals
“Seinfeld” was a great television show, maybe the greatest of all time. I could make the case for “Taxi,” but I digress.  One of my favorite Seinfeld episodes is when Jerry makes a reservation for a car rental, only to get to the rental counter and find out that they have his reservation but do …
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An enforceable contract need not be in writing
June 24, 2019 | Evan H. Krinick | Appeals
Commentary: Dustin and Brooks have owned a business together for years. They have no agreement. Dustin wants to retire and work on his golf handicap. Brooks wants to keep working and expand the business. They agree that Brooks will buy Dustin’s interest in the business. They get together with Rory, the company accountant, and they …
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Business mediation can avoid the grind of litigation
May 20, 2019 | Evan H. Krinick | Appeals
My friends who own boats often share with me the famous adage that the best two days of boat ownership are the day that the boat is purchased and the day the boat is sold. The joys of boat ownership are quickly subsumed by the day-to-day grind of maintenance and other aggravations that come with …
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When it comes to attorneys on TV, it’s all fake news
May 6, 2019 | Evan H. Krinick | Appeals
Commentary: Television shows about lawyers are entertaining. “Law and Order,” in all its iterations, was a staple in my house forever. More recently, “Suits” has become an obsession. People of a certain generation will remember “L.A. Law,” and even before that, “Perry Mason.” All of these shows have memorable characters, smart dialogue, dramatic moments and …
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