Cases of Note

The following is a list of our cases of note. For more information about these important cases we’ve won for our clients, please email

Elaine W. v. Joint Diseases North General Hospital, Inc., 81 N.Y.2d 211 (1993)[New York Court of Appeals]. Representation in class action discrimination lawsuits involving claims of gender discrimination.

FedEx v. Staten Island Hospital, 304 A.D.2d 470, 758 N.Y.S.2d 314 (2d Dept. 2003). Representation of hospitals in the defense of class action litigation (alleged breach of Public Health Law limit on costs of medical records, discrimination in admission to detoxification programs).

Giacomazza v. Adams Hotel Associates, 90 CIV. 2330 (S.D.N.Y. Dec. 1991) (Hon. Louis J. Freeh)(Civil – Personal Injury/Premises Liability/Negligence; Jury Trial (Dismissed as against client at close of plaintiff’s case); attorney of record and trial attorneys for defendant ISS International Service System, Inc.).

Hibbs v. Marvel Enterprises, Inc., 19 A.D.3d 232, 797 N.Y.S.2d 463 (1st Dept. 2005). Counsel to plaintiffs-class of comic book retailers against major publisher for breach of terms of sale.

Johnson v. National Presto Industries, Inc., No. 91/15524 (Sup. Ct., Suffolk County Aug. 12, 1997) (Hon. Alan D. Oshrin)(Civil – Products Liability – Severe Burns; Jury Trial (Defense Verdict); trial attorneys for defendant National Presto Industries, Inc.).

Karlin v. IVF America, Inc., 239 A.D.2d 562, 657 N.Y.S.2d 460 (2d Dept. 1997). Counsel in major class actions against the infertility industry (allegations of discrimination in care, lack of informed consent, violation of Consumer fraud statutes).

McCormick v. Port Auth. of N.Y. & N.J., Index No. 104451/99 (Sup. Ct., N.Y. County May 7, 2001)(Hon. Louis B. York)(Civil – Labor Law Case – Amputated Thumb; Jury Trial (Defense Verdict); Trial Attorneys for defendants in plaintiff’s claim that he was struck by falling piece of scaffold he was dismantling on top of the Outer Bridge Crossing; violations of Labor Law 240 (1) & 241 (6) submitted to the jury).

Medtronic Sofamor Danek USA, Inc. v. RTI Biologics, Inc., 32 122 Y 00744 10 (Amer. Arb. Assoc., Mar. 16, 2012)(Irene C. Warshauer, Esq.) (Civil – Commercial – Contractual Indemnity; Trial before Arbitrator; Of Counsel to Attorneys for Respondent in $25 Million claim for reimbursement of attorneys’ fees and settlement costs incurred by Petitioner in mass tort litigation involving recalled human allografts; Award in favor of Respondent).

Moragne v. Port Authority of N.Y. & N.J., Index No. 9836/97 (Sup. Ct., Queens County Jun. 19, 2002)(Hon. Mark H. Spires)(Civil – Res Ipsa Loquitur – Fractured Ankle; Jury Trial (Defense Verdict); Trial Attorneys for Port Authority and construction companies for injuries sustained by INS officer allegedly arising out of renovation of JFK Airport).

Neher v. II Morrow, Inc., No. C94-1613WD, slip op. (W.D.WA. Jan. 15, 1997) (Hon. William L. Dwyer)(Civil – Products Liability – Musculoskeletal Disorders; non-jury trial before U.S. District Court Judge (judgment for defendants); lead trial attorneys and national coordinating counsel for defendant UPS and its subsidiaries).

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