PMT Special Report: Jeff Miller, Doing What PMT Does Best – 24 out of 25 Cases Settled at Mediation Days

PMT Special Report: Jeff Miller, Doing What PMT Does Best – 24 out of 25 Cases Settled at Mediation Days

By Thomas M. Bona and Jeffrey T. Miller. While some things in the Insurance industry slowed down during the pandemic, here at PMT we were racing ahead working on a challenge by one of our carriers.  Our carrier asked PMT to select from a portfolio of habitation cases those which were ripe for resolution, schedule mediation days and resolve as many cases as we could. Working with our carrier, we selected 25 slip and fall and ceiling collapse cases. The cases involved back, neck and knee injuries. As we all know, mediation has become a popular and effective way to resolve cases. The theory, in such a setting, is both parties are highly motivated to settle cases. However, experience teaches there is a long way between the initial demand by the plaintiff and an ultimate resolution. Like a ritual dance, there is a process to a successful mediation. The mediations were personally handled by PMT’s Executive Partner Jeff Miller, one of our founders. In our industry, Jeff is universally considered one of the best attorneys at mediation and with good reason. Not all attorneys have the skill set to succeed at mediation, but Jeff possesses that rare combination of steely determination and empathy which, when combined with his ability to see the case from multiple perspectives, allows him to zero in on the fulcrum of the case to successfully close the negotiations and achieve positive results for our clients. With this as a backdrop, Jeff settled 24 of 25 cases at the mediation days. The settlements ranged from $20,000 to $450,000 and were all within the authority given by...
Time Is Ticking for TikTok – The Countdown to Change In New York’s Privacy Laws.

Time Is Ticking for TikTok – The Countdown to Change In New York’s Privacy Laws.

By Amanda J. DeFeo and Jeffrey T. Miller. The right of privacy has been called the most esteemed right of a civilized man. This right however, as esteemed as it may be, is facing extinction due to the civilized man. In the late 90’s, the rise of the Internet changed the way society was able to obtain and share information on the “Info Highway.” By the dawn of the 21st Century, the switch from the Blackberry to the I-Phone started a revolution to the extent that technology is now an integral part of daily life. Even further, social media has transformed personal and professional interactions. Platforms such as Instagram, Facebook and Twitter have become a fundamental marketing tool for all businesses and have changed the realm of e-commerce and sales. In the wake of COVID-19, we have experienced communications, business meetings, classrooms, and legal hearings make an unprecedented shift to the digital platform. In our nation’s most desperate times, these advancements are most certainly a positive step towards a more effective and efficient future. However, every rose has its thorns. As technology continues to advance, there will be an increasing need for new privacy laws that keep pace with the changing times. This article will address the privacy issues we are currently facing today and how we can protect the esteemed right of privacy. In this digital age, we download, log-in, accept the terms and fail to consider the risk. That risk is the disclosure of personally identifiable information, or PII. PII can include your name, address, date of birth, employee data, login credentials, global positioning, financial information, and...
Social Media: Expanding Discoverability

Social Media: Expanding Discoverability

By Jamie V. Tarallo and Jeffrey T. Miller. Social media such as Twitter, Facebook, Myspace and LinkedIn have become major resources in the legal world. Lawyers have found that these resources can provide accurate information as to potential litigants’ background, history, the seriousness of injury or level of disability. The law around the discoverability and use of these social media platforms is recent and relevant as the world is continuously shifting to fast-paced social networking. The information sought on these social platforms cannot only be useful for finding litigants, but also for strengthening a defense as to the extent of personal injuries claimed. It is no longer the norm that only major companies have to preserve electronic data for litigation. Plaintiffs in personal injury actions now also have to preserve social media platforms as the information contained therein can be highly relevant and useful for the defense of a case. Use of E-discovery is broadening as society becomes more immersed in social media and the online world. Recent decisions have held that when a person puts their mental or physical health in question, social media platforms can be very useful and determinative in the outcome of a case. Counsel can use law mechanisms such as notices to admit, motions to compel, and discovery demands to extract such information that is necessary and relevant to the cause of action. In a recent ruling, Vasquez-Santos v. Matthew, Appellate Division, First Department, opened the door even further for Defendants and granted a motion to compel to allow an expert to dive through the plaintiff’s electronic devices, including through email accounts and other social...
Jeffrey Miller was selected as a featured guest on the Breakdown

Jeffrey Miller was selected as a featured guest on the Breakdown

The Breakdown is an informative and equally entertaining podcast discussion that addresses the insurance issues faced by NY contractors and developers today. Experts across multiple fields sharing their “insurance playbook” in a round table podcast format.   In this week’s episode Executive Partner of the PMT law Firm, Jeffrey Miller was selected as a featured guest because of his passion for the industry and his exceptional consultative skills delivering win/win solutions. Listen to Jeffrey Miller on the Breakdown https://pmtlawfirm.com/wp-content/uploads/Episode-2-Jeffrey-Miller-on-the-Breakdown.mp3 Visit the Breakdown...
Slip and Fall Scheme Rakes in Over $30m and The Five Men Behind it Have Been Charged with Defrauding NYC Area Businesses and Their Insurance Companies

Slip and Fall Scheme Rakes in Over $30m and The Five Men Behind it Have Been Charged with Defrauding NYC Area Businesses and Their Insurance Companies

By Jamie V. Tarallo and Jeffrey T. Miller. A fraudulent slip and fall scheme has led to the indictment of five New York residents being charged with defrauding New York City area businesses and their insurance companies of more than $30 Million Dollars. Peter Kalkanis, a former chiropractor, Bryan Duncan, Kerry Gordon, Robert Locust and Ryan Rainford make up the “defendants” who were charged with separate charges of conspiracy to commit mail and wire fraud, mail fraud, and wire fraud in connection with a “criminal slip and fall” scheme in order to obtain fraudulent insurance reimbursement and other compensation.  The above charges carry a maximum sentence of 20 years in prison. Peter Kalkanis, the alleged organizer and leader of the scheme, was also charged with one count of aggravated identity theft which carries a 2 year mandatory prison sentence. The indictment, which was unsealed on Thursday April 19, 2018, details how the five men set up and operated the slip and fall scheme. According to the indictment, the men started to recruit “participants/patients” in or about January 2013 to the present time. Kalkanis and his co-defendants would identify locations in the City and direct the “participants” to stage slip and fall accidents. In some instances, participants did not stage a slip and fall, but merely were provided with an address which they were instructed to claim was the location where they “slipped and fell”. The defendants then directed the participants to allege they were injured and to seek medical treatment. The defendants even went as far as to direct the participants to assert specific injuries to their bodies, “including...