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BAR/BRI and Kaplan Antitrust Action: Ongoing and Looking Better for Class Members

If you took the bar exam, you probably took a course to prepare for it such as BAR/BRI, Kaplan, Pieper, or Ameribar. These courses provide sample test materials and live or digital legal education and practical advice for passing the test in each state. Over the years, BAR/BRI has been accused of entering into agreements … Read more BAR/BRI and Kaplan Antitrust Action: Ongoing and Looking Better for Class Members

New York State Budget Cuts Affect the Judicial System

The court system already was, by many accounts, backlogged, slow, and overburdened. In March, the governor and legislature cut the judiciary’s budget by $170 million. All aspects of the judicial process will likely be affected by the cuts. Now most courtrooms shut down a half hour earlier every day. Effective April 18, 2011, some small … Read more New York State Budget Cuts Affect the Judicial System

New York Settlement Conferences by Judges Supported by Obama Administration

New York State received a $3 million federal grant to implement a test program designed to encourage early (or earlier) settlement of medical malpractice cases. The program requires that a judge with training in medical issues be assigned at the beginning of a case and frequent settlement conferences be held. A nurse with legal training … Read more New York Settlement Conferences by Judges Supported by Obama Administration

Filing Tort Cases in the New York State Courts Electronic Filing System (NYSCEF)

It is impossible to deny that e-filing is becoming exponentially more prevalent in the lives of New York tort attorneys. Westchester County is a mandatory e-filing court for tort cases as of March 1, 2011 and some judges are calling for it in all city courts. For those who have not delved in, here are … Read more Filing Tort Cases in the New York State Courts Electronic Filing System (NYSCEF)

Limiting Recovery of Neurologically Impaired Infants in New York

The proposed $250,000 cap on medical malpratice cases was eliminated before the latest New York budget was adopted. But the neurologically impaired infant fund was not. The new statute, Public Health Law § 2999-5[1], qualifies “birth-related neurological injuries” as “an injury to the brain or spinal cord of a live infant caused by the deprivation … Read more Limiting Recovery of Neurologically Impaired Infants in New York

What Can Match.com do to Prevent Sexual Assaults Between Members?

Dating website Match.com has had its share of controversies circulated since it went live in 1995. To its credit, the United States District Court for the Central District of California dismissed the 2005 class action lawsuit which alleged that Match.com “secretly employs people as ‘date bait’ to send bogus enticing E-mails and to go on … Read more What Can Match.com do to Prevent Sexual Assaults Between Members?

Former New York Client of Leav & Steinberg does right by his Community in Queens

Too often, lawyers representing clients forget that they should continue to maintain a relationship and contact with their clients long after they have closed the case. At Leav & Steinberg, LLP we always like to hear about client’s progress after their case has resolved. Very often we receive letters from clients who have used the … Read more Former New York Client of Leav & Steinberg does right by his Community in Queens

GEICO INSURANCE IN NEW YORK DOESNT CARE ABOUT ITS POLICYHOLDERS

Imagine this horrible scenario: You are operating your own car in New York and are hit by a car that runs a red light or disregards a stop sign. You have severe permanent injuries including a fracture to your leg which requires surgical intervention. The car that hits you carries, the New York minimum, $25,000 … Read more GEICO INSURANCE IN NEW YORK DOESNT CARE ABOUT ITS POLICYHOLDERS

Cuomo’s Proposed Budget Will Punish Injured Children and Their Families

Governor Cuomo has submitted as part of the proposed budget for New York State a cap on compensation for victims of medical malpractice for their pain and suffering of $250,000. This mandatory cap will kick-in only after a doctor or hospital has been found guilty of malpractice that caused an injury to the patient. Therefore, it will punish only those patients who have meritorious cases. Those who are most seriously injured will be forever barred from seeking reasonable compensation from the wrong-doer and their insurance company..

Cuomo also is attempting to force the State Legislature to pass the budget, on an up or down vote, which also includes a fund, paid for by taxpayers but administered by the insurance-industry, that will decide the amount and extent that brain-injured children can receive medical treatment. Essentially he is gutting New York’s civil justice system and forcing brain-injured children and their families to become perpetual litigants against a fund that will control all aspects of their financial lives. This is being done in the name of “budget cutting” and “Medicare reform.” In reality, the cap will have the result of forcing more brain-injured victims of malpractice into the Medicare system. Meanwhile private insurance carriers, who insure hospitals and doctors, will no longer bear any real burden in compensating victims of their clients’ malpractice.

The following is an excerpt that appeared on March 7th, 2011, in CounterPunch and articulates why Cuomo’s cap must not become the law of New York:

“Many in the health care and insurance industry seem to regard the civil justice system as a nuisance that threatens to destroy our economy and way of life. In reality, America’s civil justice system plays an indispensable role. When the rights of injured consumers are vindicated in court, our society benefits in countless ways: compensating victims and their families for shattering losses (with the cost borne by the wrongdoers rather than taxpayers); preventing future injuries by deterring dangerous health care and other practices, spurring safety innovation; and educating the public to risks associated with certain products and services. These legal rights provide society with its moral and ethical fiber by defining appropriate norms of conduct.

Read moreCuomo’s Proposed Budget Will Punish Injured Children and Their Families

Our Manhattan New York Office is Moving to 140 Broadway

Please note that, as of Monday, March 7, 2011, our Manhattan office will no longer be located at 120 Broadway, 18th Floor, New York, New York 10271. It will be located across the street at 140 Broadway, 36th Floor, New York, New York 10005 (image at right). We enjoyed our time at 120 but have outgrown … Read more Our Manhattan New York Office is Moving to 140 Broadway