Category: News

Mario C. Giannettino authored an article featured in McKnight’s Long-Term Care News addressing the subject of Quality Assurance privilege in skilled nursing facilities.

The article, “Making Sense of Two Approaches to the Skilled Nursing Quality Assurance Privilege,” explores the complexities of skilled nursing Quality Assurance privilege and provides insights into this critical issue. Mario dissects two distinct approaches to the Quality Assurance privilege and their implications for providers in navigating this intricate legal and regulatory terrain. Read the… Read more »

KBR partner Michelle Benedetto adds another victory to the record!

Congratulations to Michelle on a fantastic win in a declaratory judgment and defamation action involving First Amendment issues in Kings County! Michelle filed a pre-answer motion to dismiss arguing that the court lacks subject matter jurisdiction over the matter as the action involves issues of religious doctrine in which the First Amendment to the United… Read more »

A recent article on Bloomberg Law discusses a decision by a federal court finding coverage under a private company D&O policy for an opioid litigation.

The article details the court’s rejection of the application of the contractual liability and professional services exclusions to the opioid litigation and comments on the potential implications of the decision. Notably, the article quotes KBR partner Paul Curley, who notes the broad scope of the professional services exclusion and comments that “[a]n appeals court could… Read more »

Congratulations to KBR partner Dianna D. McCarthy on obtaining an impressive appellate win in a potential class action suit in the Second Department!

Plaintiff contested a ruling by the Supreme Court of Suffolk County New York which largely granted Defendant’s motion to dismiss a breach of contract and unjust enrichment claim made by a fourth-year student because classes were changed from in-person to online during the COVID-19 pandemic roughly six weeks prior to the end of the semester…. Read more »

Celebrating our accomplished attorneys for their inclusion in the 2024 editions of Best Lawyers in America!

6 attorneys were named to the 2024 Best Lawyers in America list and 21 attorneys to the 2024 Best Lawyers in America: Ones to Watch list. We’re proud to highlight our attorney’s dedication and outstanding reputations across 9 practice areas: Appellate Practice, Commercial Litigation, Construction Law, Health Care Law, Labor and Employment Litigation, Insurance Law,… Read more »

On August 10, 2023, the Appellate Division, First Department, reversed a lower court’s grant of a defendant nursing home’s motion to change venue based on a contractual venue selection clause.

In a 3-2 decision, the appellate court held that questions surrounding the authenticity of the plaintiff’s decedent’s electronic signature renders a contractual forum selection clause unenforceable.  KBR partners David Bloom and Mario C. Giannettino authored an article, “Failure to Authenticate Resident’s Signature Leads to Denial of Motion to Change Venue”, dissecting a recent ruling that… Read more »

Congratulations to KBR attorneys Patrick A. Dolan and Lindsey Nourse on obtaining summary judgment in a Medical Malpractice case in Kings Supreme!

Plaintiff alleged the co-defendant general surgeon improperly performed medical procedures and the KBR defended hospital was responsible for his conduct. KBR moved for summary judgment arguing that the plaintiff was a private patient of the general surgeon and there was no basis for vicarious liability. Further, all care by the staff and residents was appropriate… Read more »