Author: dev_admin

Success Stories

Success Stories Comprehensive Benefit Consultants, Inc. v. Spitz,, 2014 N.Y. Slip Op. 07321 (2d Dep’t. Oct. 29, 2014) Our client was sued by his former employer for allegedly violating a covenant not to compete.  The former employer filed a motion for a preliminary injunction.  While our client was being represented by other counsel, the Supreme […]
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Ask Your New York Commercial Litigation Lawyer About Alternative Dispute Resolution

If you are involved in a New York commercial litigation dispute, you may choose to resolve your claim through the traditional route of a courtroom trial, or you may choose an alternative means of dispute resolution. The two most common forms of alternative dispute resolution (“ADR”) are mediation and arbitration. In comparison to a trial, both arbitration […]
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Coerced Confessions Unconstitutional: Florida v. Chambers (1940)

Seventy-five (75) years ago today, the United States Supreme Court ruled in Florida v. Chambers that confessions obtained through coercion are inadmissible at trial. The circumstances of the coercion in Chambers weren’t especially brutal; there was no evidence of beatings, threats, deprivation of food or water, water-boarding or other misconduct which is often associated with confessions brought about by […]
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I Am Disabled. What Do I Do?

Imagine that you suffer an injury, or experience the onset or exacerbation of an illness, that makes it difficult for you to do your job.  You visit your doctor who informs you that, due to your condition(s), you cannot work.  Worse, you may never be able to return to your prior occupation, because the condition(s) […]
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10 Signs that You Have Been Targeted for Termination by Your Disability Insurer

Disability insurance carriers terminate/deny long-term disability insurance claims routinely. Most insureds are in the dark regarding their insurers’ intentions and are left to wonder whether theirs will be the next claim to be terminated. Having practiced in this area for many years, we’ve come to recognize those red-flags that signify that an insured’s claim has […]
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Leland v. Oregon – Insanity Defense

53 years ago today, the US Supreme Court decided Leland v. Oregon, ruling that requiring a criminal defendant to bear the burden of proving insanity beyond a reasonable doubt does not violate the Constitution.  That may not seem important or even complicated, but it is.  Why?  Because the Supreme Court has consistently ruled that the prosecution is obligated under our Constitution […]
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110 Years Later and We Are Still Arguing Over Compulsory Vaccinations: Jacobson v. Massachusetts (1905)

Over the last several weeks, the country has, once again, been in the throes of a national debate over the cost-benefit analysis of vaccination.  The medical community is universal in its conclusion that vaccination vastly reduces (and, in many instances, eliminates) the spread of certain diseases.  A vocal minority of citizens, however, has argued that, […]
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54 Years Later: How Much Has Really Changed?

54 years ago today, Irving Feiner learned that his conviction for disorderly conduct would be upheld. In Feiner v. New York, the Supreme Court ruled that potentially hostile crowd reactions to unpopular speech permitted the police to intervene and direct a speaker to stop his public address.  The refusal to stop speaking by Mr. Feiner, who […]
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Roe v. Wade – 42 Years Later – You Might Be Surprised At How Few Protections Are Left

42 years ago today, the US Supreme Court decided Roe v. Wade, which, at the time, established a woman’s unqualified constitutional right to choose whether to terminate a pregnancy during the first two trimesters — the generally accepted period during which the fetus is not viable outside the womb.  Do the same protections established in Roe still exist […]
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