Legal Alerts

Elizabeth G. Adymy and V. Christopher Potenza were published in Law360 on December 9, 2022 for their expert analysis article on "NY Panel's COVID Nursing Home Case Order Spurs Questions."

A defense verdict was obtained by Hurwitz Fine Member David R. Adams for a general contractor and masonry contractor in a three-week unified jury trial. The case involved an accident at a construction site with allegations of negligence and violations of New York Labor Law § 241(6) and § 200. The importance of this victory is that this statute is considered, in many cases, to establish close to strict liability in construction accidents against the contractor and subcontractors. 

On November 24, 2022, New York’s Adult Survivors Act’s one-year lookback window opened for individuals who were sexually assaulted as adults to file claims against their abusers, even if the statute of limitations has already expired.  Businesses must be proactive in preventing future abuse claims, and assessing and investigating potential past liability.   

Best Lawyers® and U.S. News & World Report have announced the release of the 2023 U.S. News – Best Lawyers® "Best Law Firms" rankings. Hurwitz Fine P.C. is proud to have Buffalo Metropolitan Tier One rankings in eight practice areas.

Hurwitz Fine participated in the Eighth Annual James Otis Lecture this week, held at the Robert H. Jackson Courthouse in Buffalo, NY, and sponsored by the Buffalo Chapter of ABOTA.

This year’s honorees are composed of business leaders from some of WNY’s largest companies and nonprofit organizations, who have been nominated as innovators within their company, trailblazers who effectively navigate the complexities of their field, role models for their staff and among their peers, and standard-setters within their industry.

In an important and precedential decision released on October 7, 2022, New York’s Appellate Division, Fourth Judicial Department, unanimously held that the statute repealing[1] New York’s Emergency or Disaster Treatment Protection Act (EDTPA)[2], is to be given prospective, rather than retroactive, effect. As argued to the Court by Hurwitz Fine’s nursing home litigation team in Ruth v Elderwood at Amherst[3], the text of the repeal statute itself and the legal principles governing statutory interpretation could lead only to that conclusion.

Maxwell C. Radley, Associate at Hurwitz Fine P.C., was recognized for his Pro Bono services to the United States District Court in the Northern District of New York on September 27, 2022. 

Despite the legalization of adult-use cannabis in New York State, challenges remain for business owners looking to be a part of the new industry due to conflicts between state and federal law. Hurwitz Fine attorneys provide an update on this area and what’s ahead.

On September 15, 2022, Hurwitz Fine Business & Commercial Litigation Member Andrea Schillaci was honored at Buffalo Business First's 16th annual Women of Influence awards.

We are excited to announce that 35 attorneys from Hurwitz Fine have been selected for inclusion on the 2022 Upstate New York Super Lawyers and Rising Stars lists.

In the beginning of August, the Safety & Wellness Committee here at Hurwitz Fine partnered with KidsPeace to organize a school supply drive in our Buffalo office to help children in need receive the school supplies they need for the 2022 – 2023 year.  

Firm President/Managing Partner Jody E. Briandi, has been named the 2023 Best Lawyers® Litigation –Insurance “Lawyer of the Year” in Buffalo.

Hurwitz Fine is pleased to announce that 22 of the firm’s attorneys have been selected by their peers for inclusion in the 2023 edition of The Best Lawyers in America^©. Among this list, six Hurwitz Fine attorneys were named to the Best Lawyers: Ones to Watch in America™ list.

Mark S. Nemeth joins Hurwitz Fine P.C. as a Member in the firm’s Toxic Tort/Environmental Law practice group. He brings significant experience representing manufacturers, distributors, and contractors with liability for asbestos-related claims. Mark also represents a wide variety of insureds including spray fireproofing contractors, pipe coverers, pump and valve manufacturers, and boiler and furnace manufacturers.

The Daily Record and Rochester Business Journal have selected Ann E. Evanko as a 2022 Legal Excellence honoree for "Lifetime Achievement."

The Daily Record and Rochester Business Journal have selected Hurwitz Fine P.C. as a 2022 Legal Excellence honoree for "Law Firm Diversity."

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 July 21, 2022, Hurwitz Fine Business & Commercial Litigation Member Andrea Schillaci was named a Woman of Influence by Buffalo Business First.