Higgins, Hopkins, McLain & Roswell, LLC (“HHMR”) is excited to announce several significant developments as the firm transitions into an exciting new chapter of growth and innovation. Sheri Roswell, one of the firm’s founding members, is stepping out of ownership to serve as “Of Counsel,” continuing her vital work with clients and strengthening relationships that
Civil Litigation
PENDENTE LITE MOTION BRINGS RELIEF TO SPOUSE
This decision highlights the main issues that come up in a pendente lite hearing.KO v. MO, 2024 NY Slip Op 51754 – Kings Co. NY Supreme Court 2024:”JEFFREY S. SUNSHINE, J.
The parties were married in June 2013. The plaintiff-mother commenced
this action for divorce by filing a summons with notice on January 12,
2023,…
More Thoughts on Temporary Restraining Orders
The start of a lawsuit is a stressful time for everyone. Something terrible just happened or is about to happen, and also the lawyers and the parties are largely in the dark about the facts and, sometimes, the applicable law. I wrote a post a few years ago about the work lawyers do in these…
The Not Well Known Offset Exception to the Statute of Limitations
There is a not-well known exception to the statute of limitations found in CPLR 203(d) which is explained by the Appellate Division, Second Department in Getzel Schiff & Pesce, LLP v Shtayner 2024 NY Slip Op 06186 Decided on December 11, 2024.
“In November 2021, the plaintiff, Getzel Schiff & Pesce, LLP (hereinafter GSP), commenced…
NEW ADR APPOINTMENT
I was recently appointed to be a panel member of the Alternative Dispute Resolution (ADR) Advisory Council for the Eastern District of New York. The mission of the ADR program is to provide federal litigants with an opportunity to resolve their disputes expeditiously through court mediation and arbitration. From http://jmpattorney.blogspot.com/
COURT OF APPEAL SUMMARIES (JANUARY 6 – JANUARY 10, 2025)
Jump To: Table of Contents | Civil Decisions | Short Civil Decisions
Good afternoon.Following are our summaries of the civil decisions of the Court of Appeal for Ontario for the week of January 6, 2025. There were only two substantive decisions.
Continue Reading
In Marmora and Lake (Municipality) v. Ontario, the Court denied leave to…
HIPAA Security Rule Revamp Is on the Horizon
On January 6, the Department of Health and Human Services (HHS) Office for Civil Rights (OCR) published significant proposed amendments (proposed rule) to the Security Rule under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). Key drivers for the proposed rule include the dramatic increase in cyberattacks, including ransomware, the rapid…
Oregon Issues AI Guidance for Businesses
As one of her last acts in office, on December 24, 2024, Oregon Attorney General (AG) Ellen Rosenblum issued guidance for businesses deploying artificial intelligence (AI) technologies. The guidance highlights the risks associated with the commercial use of AI, and underscores that, despite the absence of a specific AI law in Oregon, a company’s use…
A Judiciary Law 487 Claim Revived
Ostrander v Mullen 2024 NY Slip Op 06461 Decided on December 20, 2024Appellate Division, Fourth Department is an example of what really sounds like a JL 487 kind of claim. It concerns allegations of a “forged” deed and attempts to use it in litigation.
“We agree with plaintiffs that Supreme Court erred in dismissing the…
Try Eagles Try
In the case of Philadelphia Eagles Limited Partnership v. Factory Mut. Ins. Co., No. 2:21-CV-01776-MMB (E.D. Pa. Dec. 13, 2024 Baylson, J.), the court denied a Motion for Reconsideration filed by the Plaintiff, Philadelphia Eagles, relative to the court’s previous decision to dismiss its Complaint in this coverage action related to the COVID-19 pandemic.According…