“Do what you do so well that they will want to see it again and bring their friends.” – Walt Disney
Our lawyers have litigated successfully in 25 states—a sample of our results is set forth below:
Kline v. Arriviello (M.D. PA. 2019) – Obtained dismissal of a physician on a second 12(b)(6) Motion where the Complaint alleged in an original and an amended complaint that the physician was making telephone calls to the plaintiff and others in a telemarketing scheme involving cancer screening tests, which was allege to be a violation of the Telephone Consumer Protection Act. The Court found that the plaintiff had not alleged sufficient facts to show that the physician directed telemarketing calls to be made to plaintiff. The Court also refused to allow plaintiff to amend his pleadings, noting that allowing plaintiff leave to amend his complaint would be futile, as plaintiff had notice of the flaws in his pleadings after the filing of the first 12(b)(6) Motion, yet failed to correct the flaws in the amended pleading.
Paul Yuri Samer v. Saili Desai et al (Appellate Division, Second Department) – In a complex and high exposure medical malpractice case, we moved to stay trial and successfully appealed and reversed a lower court’s decision denying Defendants’ motion for summary judgment dismissing the complaint and all crossclaims where our client’s duties did not extend to diagnosis and cure of Plaintiff’s condition. The lower court found questions of fact based on their respective experts’ opinions. However, we succeeded in arguing that Plaintiff’s expert did not make a sufficient showing of education and experience in the specialty of our client sufficient to render and admissible opinion as to the standard of care