Entries by Phoebe Stonbely

1% responsible – you pay 100% of the verdict

New York’s current rule of joint and several liability means that in some cases a defendant who is only 1% at fault can be forced pay 100% of the judgment. If the defendant who is 99% at fault cannot pay, the financially solvent defendant must pay the entire award. This is often called the “deep pocket rule” as plaintiffs’ attorneys […]

Study Reconfirms Need for Medical Liability Reform

“A study in this month’s New England Journal of Medicine provides the most comprehensive analysis of the risk of liability claims by medical specialty in more than two decades, and reinforces the need to put an immediate end to medical lawsuit abuse. The study reports that in any given year, an average of 7.4 percent […]

WNY – Progress on malpractice reform

“Western New York is already home to drug courts and mental health courts that have attracted attention for achieving positive results. Now, patterned after an effort originating in the Bronx, Buffalo’s new medical malpractice court is handling cases involving hospitals affiliated with the Catholic and Kaleida Health systems and Erie County Medical Center. Eventually, it […]

Nutty lawsuit gets cracked

A California woman tried unsuccessfully to sue Nutella this year for false advertising.   She was shocked to find that the delicious hazelnut- chocolate spread wasn’t the healthiest breakfast food for her 4-year old.  The suit alleges that the commercials were misleading claiming that Nutella is part of a wholesome, balanced breakfast. At the end of June, the ASA rejected this lawsuit, on […]

Ohio obstetrician’s personal property to pay judgment

Plaintiffs prepare to seize Ohio obstetrician’s assets to collect $9.7 million judgment against her. While the attorneys have been debating for 11 months over pre-judgment interest for this case, the plaintiff received a writ of execution against the doctor. Her personal vehicle and other personal property are all being targeted.  A court hearing has been set to […]

Fox NY – Oversize Man Sues White Castle Over Seats

NANUET, N.Y. –  A 290-pound New York man is steaming mad at the White Castle fast-food chain, which he claims repeatedly broke promises to make the booths in his local eatery bigger. Martin Kessman, 64, filed a lawsuit against the fast-food giant last week in Manhattan federal court, claiming that the uncomfortable booths violate the […]

The extraordinary powers of New York’s AG

The Martin Act was established in Albany in 1921, it granted the Attorney General broad powers to investigate and pursue alleged wrongdoing associated with the purchase and sale of securities.  The Martin Act is one of the toughest securities laws in the nation as these powers of the AG are so extraordinary that this act does not […]