News You Can Use
Look What We Found: Legislature Revises Immunity Provisions for Health Care Facilities
By Thomas M. Bona. We recently told you about a limitation of liability provision for hospitals and nursing homes that was inserted into the last New York State budget. This provision granted immunity from civil and criminal liability for any harm or damage alleged...
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...
Look What We Found: Liability Shield Added Into New York State Budget for Hospitals and Nursing Homes for COVID-19
By Thomas M. Bona. Although every industry wants immunity from liability, the hospital and nursing home industry got just that in the latest New York State budget bill. After months of lobbying and with the investment of hundreds of thousands of dollars in fees to...
PMT Delivers a Win – Exaggerated Claims Doom Plaintiff’s Case
By Shawn M. Weakland and Thomas M. Bona. Court: Supreme Court, Kings County Judge: Hon. Wayne P. Saitta Case Type: Automobile – Rear-end Accident Caption: Jerry Gonzalez v. Jaquan Hinson Index No.: 1108/2015 Decision Date: March 6, 2020 Decision: Jury 6 – 0 /...
PMT Delivers a Win – Forcing Plaintiff to Prove Her Case Results in Dismissal of Case
By Thomas M. Bona. Court: Supreme Court of the State of New York – Orange County Judge: Maria S. Vasquez-Doles Case Type: Slip and Fall / Premises Liability Caption: Estelle Brown, Individually, and Estelle Brown as Executrix of the Estate of et al v. Patriot...
Case by Case: Expert Witness Disclosure of Peer Review Doctor Can Be Made at The Last Minute
By Lawrence N. Rogak. Brand Medical Supply v. Unitrin Advantage Ins. Co., 2020 NY Slip Op 50687 (App Term 2d Dept) Many kinds of lawsuits require, or at least employ, expert witnesses on a wide variety of topics, and indeed it seems that for every topic there is an...
COVID-19 Litigation Concerns Resulting from Businesses Reopening
By Thomas M. Bona. As states begin to reopen, some businesses are choosing to delay opening their doors. Business owners are considering the risk of a wave of lawsuits that may be filed as a result of deciding to begin work. Employers face potential liability not only...
Supreme Court Extends Civil Rights Protections to LGBTQ Workers in Landmark Decision
Title VII of the Civil Rights Act of 1964 (“Title VII”) is one of the primary federal statutes prohibiting employment discrimination. Title VII prohibits employment discrimination on the basis of race, color, religion, sex, and other protected class characteristics....
PMT Delivers a Win – Aggressive Litigation Rules the Day
Court: Pennsylvania Workers’ Compensation Appeal Board Judge: Commissioner James Zurick, Concurred by Commissioners Robert A. Krebs, Sandra D. Crawford, and David Wilderman Case Type: Claim Petition in Philadelphia County, Philadelphia, PA. Caption: Angelina...
Employee Privacy during COVID-19 in Pennsylvania, New Jersey, and New York
By Anthony M. Napoli, Charlene Stewart Barnaba and Thomas M. Bona. As America starts to get back to our new “normal”, some employers have already been taking precautions for the reopening of America’s businesses. Such precautions have included mask requirements,...