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The Current State of the Opioid Crisis and Opioid Litigation

August 26, 2023

Introduction     The United States of America is experiencing a widespread and prolonged crisis of opioid abuse, drug addiction and overdoses and death.  Unlike other drug abuse crisis of the past, the opioid crisis knows no racial, socioeconomic, gender or age boundaries.  It is claimed to have its genesis in the manufacture and distribution of…

“Insurance Examination Under Oath: Trap for the Unwary” Revisited

August 26, 2023

It’s been nearly 19 years since Mark Ian Binsky, Counsel to Abrams, Gorelick, Friedman & Jacobson, LLP, wrote the preceding article as a contributor to the Outside Counsel column of the New York Law Journal. So what, if anything, about the EUO has changed over the course of those 19 years?  For starters, all property…

Court denies request to add defendants to FDCPA Complaint; cites lack of diligence, inordinate delay and substantial prejudice

February 26, 2020

Zucker v. Porteck Global Services, Inc., et al., 13-CV-2674 (E.D.N.Y. October 23, 2015) Officers of two health care companies defeated Plaintiff’s attempt to amend a Class Action Complaint to name them as defendants. United States District Judge Joanna Seybert denied Plaintiff’s motion to amend due to Plaintiff’s lack of diligence and inordinate delay, and the…

The Court of Appeals Revisits and Upholds the Trivial Defect Defense

February 26, 2020

Hutchinson v. Sheridan Hill House Corp., __ N.Y.3d __ (October 20, 2015) After almost twenty years, the New York Court of Appeals has revisited the trivial defect defense. Rather that break new ground, the Court reinforced its holdings in the seminal trivial defect case, Trincere v. County of Suffolk, 90 N.Y.2d 976 (1997). The Court…

Amendment to CPLR limits judge’s discretion in rejecting expert affidavits

February 26, 2020

A recent amendment to New York Civil Practice Law and Rules 3212 (b) makes it easier to use affidavits of previously undisclosed experts in motions for summary judgment. The amendment, which was signed into law by Governor Cuomo and went into effect on December 11, 2015, provides, “Where an expert affidavit is submitted in support…

New NYS Laws Add Protection for Women in the Workplace

February 26, 2020

By Steven M. Berlin, Esq. and Kamilah Mitchell, Esq. Five new laws that will have significant effects on employers throughout New York State take effect January 19, 2016. Signed by Governor Andrew Cuomo with some fanfare, they are further efforts designed to achieve pay equity for women, remove barriers to remedying discrimination, end family status…

New York Appellate Court Pokes Defendants’ Entitlement to Facebook Posts

February 26, 2020

By James E. Kimmel, Esq. In an important decision on the discoverability of information posted to social media the Appellate Division, First Department, reversed a lower court order directing production of certain information from a Facebook account. However, a dissent may portend a future re-examination of the Court’s decisions in this area. In Forman v.…

New Year Brings New Sick Leave for New Brunswick

February 26, 2020

By Steven M. Berlin, Esq. and Michael Goldwasser Effective this New Year, the growing community of New Brunswick, in the central part of New Jersey near Edison and Woodbridge, enacted its own paid sick leave ordinance with the aim of reducing public and private health care costs, promoting preventative health care and preventing opportunities for…

NLRB Panel Rules Policies Barring Workplace Recordings Unlawful

February 26, 2020

By Steven M. Berlin, Esq. and Karen Hart, Esq. It was not until the start of the New Year, when employers began to learn about an unprecedented Christmas Eve gift-to workers-from the National Labor Relations Board. Building upon its activity in recent years of striking down employer’s handbook policies, the NLRB found certain policies that…

Final Regulations Issued for New Jersey’s Ban-the-Box Law

February 26, 2020

By Steven M. Berlin, Esq. and Karen Hart, Esq. The New Year started off in New Jersey with final regulations intended to clarify the Opportunity to Compete Act (OTCA), better known as New Jersey’s “Ban-the-Box” law. The regulations were released on December 7, 2015 by the New Jersey Department of Labor and Workforce Development. OTCA…