Hurwitz Fine Attorney Eric Andrew offers insight to the New York Law Journal on May 15, 2023, on the revised "Grieving Families Act" slated for legislative review.

After suffering a veto this past January, a revised version of the Grieving Families Act was just introduced to the New York legislature on May 2, 2023.  The Grieving Families Act that would completely overhaul wrongful death claims in New York by permitting recovery for emotional damages and expanding the class of persons who can seek recovery for a fatality.  The recent iteration of the bill seeks to remedy perceived pitfalls from the prior legislation by more clearly defining who can assert a claim for emotional damages, narrowing the expansion of the statute of limitation, and placing limits on its retroactivity.  The new bill however does not implement a cap on damages, nor carve out an exception for medical malpractice claims.  

Hurwitz Fine P.C. had three victories published in The Harmonie’s Group's annual significant cases publication for 2022.

The bill was delivered to the Governor at the very end of 2022, and expired on January 30, 2023, without the Governor signing the bill into law. 

On December 16, 2022, Hurwitz Fine attorneys Scott D. Kagan and V. Christopher Potenza were published in the New York State Bar Association's Torts, Insurance & Compensation Law Section Journal for their comprehensive article, “The Ups and Downs of Elevator and Escalator Litigation.”

In  Nemeth v. Whittaker, Clark, & Daniels, Inc., the New York Court of Appeals overturned a $15 million asbestos verdict, finding plaintiff’s trial proof on causation was insufficient as a matter of law.  This decision took a more stringent approach to assessing the requirements of experts in establishing specific causation between alleged asbestos exposure and the cancer diagnosis.  The First Department recently followed suit in a series of cases, including the vacatur of what was initially a $325 million jury verdict.  No longer will conclusory assertions of experts linking asbestos to mesothelioma and lung cancer provide sufficient proof on specific causation for individual products and exposures.

On February 1, 2021, substantial changes in the form of 29 revisions to the Uniform Civil Rules (22 NYCRR 202.1 et seq.) went into effect.  These new rules were designed to promote judicial efficiency (e.g., moving cases to resolution, cooperation of counsel to avoid unnecessary court intervention, and cleaner paper submissions) and can be broken down into three general categories: (1) Conduct of Counsel/Interaction with the Courts, (2) Motion and Trial Papers/Type and Content, and (3) Discovery Rules and Limitations.

Insurance Coverage Associate Katherine A. Fleming’s Comment was published in the April 2022 edition of the Buffalo Law Review. 

Insurance Coverage and Litigation attorney Eric Boron's article, "Tips for Conducting Virtual Depositions," was published in the Spring 2022 edition of The Brief this week.  

Hurwitz & Fine had three victories and four attorneys published in The Harmonie’s Group's annual significant cases publication for 2021.

Hurwitz & Fine's Chris Potenza and Alice Trueman were recently published in the New York State Bar Association's News Center for their analysis on the expansion of damages in cases of emotional pain and anguish in wrongful death suits.

The amended version of the New York Comprehensive Insurance Act (CIDA) has now been signed into law, known as Chapter 136 of the Laws of 2022.  It amends CIDA as adopted on December 31, 2021, Chapter 832 of the Laws of 2021.  While the amendments take out some of the sting of CIDA, as first adopted, it still has some significant obligations placed on defense counsel, with the participation of liability insurers.

The New York State Legislature recently expanded the “party admission” exception to the rule against hearsay to permit the admission of adverse statements of any employee if the statement was made about a matter within the scope of employment and made during the existence of the employment relationship.  Litigation attorney Nicholas J. Heintzman advises that employers carefully structure their accident response measures to mitigate the impact of this new rule.

Hurwitz & Fine Insurance Coverage Attorneys Dan Kohane and Ryan Maxwell are closely monitoring the new Comprehensive Insurance Disclosure Act (“CIDA”), which took effect on December 31, 2021. They have assembled a helpful, one-page summary of these disclosure requirements, available for download.

With social media being a dominant force in our lives today, that desire for likes and followers can have a drastically negative impact on a plaintiff’s claim.  Our Long Island attorney Jesse Siegel provides some guidance on how to maximize social media discovery in defending your claim.

On October 7, 2021, the New York Court of Appeals addressed the issue of whether a foreign corporation consents to general jurisdiction by registering to do business in the State of New York and designating a local agent for service of process as required by Article 13 of the NY Business Corporation Law in order to be authorized to transact business in the state. Litigation associate Cara M. Pascarella advises.

Litigators Christopher Potenza and Nicholas J. Heintzman were published in the May 2021 issue of Hearsay, a monthly e-newsletter published by the Canadian Defence Lawyers.

Governor Cuomo announced yesterday that New York’s COVID state of emergency, in place since March 7, 2020, has expired as of today, June 24, 2021.  What this means in terms of remote notarization of documents is unclear as the Governor had issued Executive Order 202.7 providing for remote notarization of documents, which had been extended through and including July 5, 2021.  In essence, we have conflicting guidelines as to how to treat this issue. 

Attorney Brian M. Webb provides a short Automobile Liability primer, which highlights several of the key issues to keep in mind when analyzing motor vehicle claims that are venued in New York State.