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How To Litigate Successfully: Part 5 -- How To Select Litigation CounselNovember 13 2008
The Metropolitan Corporate Counsel
Jill Owens Moderates Panel Discussion On Jury SelectionNovember 13 2008
On November 12, 2008, Jill served as moderator of a Westchester Women's Bar Association CLE program entitled "How To Pick A Jury," in which the Honorable Barbara Zambelli, the Honorable Gilbert Rabin and two seasoned trial lawyers presented on the nuts and bolts and tips and strategies for jury selection in civil and criminal cases. The program was co-sponsored by WWBA's Litigation Committee and its Corporate & Commercial Committee, of which Jill is Co-Chairwoman.
Ken Citarella InterviewNovember 11 2008
Ken Citarella was recently inerviewed by Michael Krigsman of ZDnet regarding best practices to ensure security awareness and compliance in the workplace. Ken frequently lectures on white collar and computer crime issues and related topics.
Appellate Division Sustains Gift Card Class Action Against Shell OilOctober 29 2008
MDPCE recently prevailed in the New York State Appellate Division, Second Department in obtaining a reversal of a trial court's order dismissing a class action complaint against Shell Oil. In this action, the firm seeks to represent a class of consumers who were denied the full value of their gift cards as a result of Shell's failure to disclose adequately the existence of "dormancy fees" on its gift cards in violation of New York's General Business laws. Dormancy fees result in the diminution of value of a gift card if the card is not used for a defined period of time. The Supreme Court, Rockland County, erringly dismissed the complaint on the grounds that such an action was allegedly preempted by New York State gift card laws and thus must be brought by the New York Attornety General. After full briefing and oral argument, the Appellate Division reversed and held that the action was not preempted and remanded the case for further proceedings.
Jeffrey I. Carton and Russell M. Yankwitt will continue to handle the case on behalf of the firm. Jill Owens Elected District LeaderOctober 22 2008
In September 2008, Jill Owens was elected District Leader and serves on the White Plains Democratic City Committee and Westchester Democratic County Committee representing White Plains’ Battle Hill (District 32).
Ken Citarella to Lecture for the New York State Judicial InstituteOctober 22 2008
Ken Citarella will present two lectures for the New York State Judicial Institute in Rochester, New York, on October 29: "Emerging Issues in Cybercrime" and "Digital Evidence in Matrimonial Cases." Ken pioneered computer crime prosecution in New York State during his 27-year career with the Westchester County District Attorney's Office and lectures frequently on related topics. These are part of a series of lectures Ken has presented for the Judicial Institute before judges and their law secretaires from across New York State.
David Meiselman, James Denlea, Myra Packman, Jeffrey Carton and James Eberz Selected to 2008 "Super Lawyers"September 25 2008
Congratulations to our partners David J. Meiselman, James R. Denlea, Myra I. Packman, Jeffrey I. Carton and James G. Eberz who have been chosen by an independent review process as amongst New York's "Super Lawyers". Their selection was recently featured in Westchester magazine and the New York Super Lawyers, Metro Edition.
How To Litigate Successfully: Part 4 -- How To Monitor Ongoing LitigationSeptember 17 2008
The Metropolitan Corporate Counsel
Firm Prevails On Behalf of ObstetriciansSeptember 9 2008
The firm successfully exonerated three obstetricians from claims of medical malpractice brought by a patient who contended that she was not sufficiently informed concerning the potential risks and complications associated with a vaginal delivery, as compared to a caesarian section, and whose baby sustained an Erb’s palsy during delivery.
Firm Obtains Dismissal of Malpractice Claims Against NeurologistAugust 26 2008
The firm successfully defended a charge of medical malpractice against a prominent Orange County neurologist who was accused of failing properly to treat a 43 year old woman who presented to the emergency room with critically low sodium levels.
How To Litigate Successfully: Part 3 -- How To Reduce Litigation CostsAugust 25 2008
The Metropolitan Corporate Counsel
Federal Court Certifies Lawsuit To Proceed On Behalf Of A Nationwide Class of Hollywood Tans ConsumersAugust 20 2008
On August 11, 2008, the United States District Court for the District of New Jersey granted the Firm's motion for class certification, paving the way for the firm to represent hundreds of thousands of Hollywood Tans consumers across the country in a consumer fraud lawsuit against the popular operator of indoor tanning salons.
Firm Wins Dismissal of Negligence Claims Against Comstock MarinaAugust 15 2008
On August 15, 2008, the firm obtained summary judgment successfully dismissing negligence claims of a maritime customer who alleged that he had been injured while stepping off a boat moored at Comstock Marina in Brick, New Jersey.
Ken Citarella to Lecture in Atlantic CityJuly 22 2008
Ken Citarella is lecturing on "Admitting Digital Evidence at Trial" at the International Training Conference of the High Technology Crimes Investigation Association in Atlantic City, New Jersey on October 20-22, 2008. Ken has been a member of the HTCIA since 1987 and founded its Northeast Chapter in 1990. A pioneer in computer crime prosecutions, Ken lectures frequently to professional, academic, corporate and public audiences on related topics.
Lending Tree Sued for Exposing Customers to Fraud and Identity TheftMay 20 2008
NEW YORK (May 20, 2008) – Millions of customers have been potentially exposed to fraud and identity theft by the nation’s largest online lending institution, Lending Tree, LLC, according to a class action lawsuit filed in U.S. District Court.
How To Litigate Successfully: Part 2 -- How To LitigateMay 19 2008
The Metropolitan Corporate Counsel
Spanish Broadcasting System Sued Over 97.9 La Mega’s Fake Contest and Travel ScamMay 14 2008
New York (May 14, 2008) – A class action lawsuit has been filed in U.S. District Court against the owner of one of New York City’s top-rated radio stations, 97.9 La Mega (WSKQ-FM), accusing the station of running a phony radio contest last month that fronted a travel scam.
MDPCE Wins Reversal of $3.2M Judgment in U.S. Court of Appeals for the Second CircuitApril 14 2008
MDPCE was successful in obtaining reversal of a judgment entered against our physician client in the United States Court of Appeals for the Second Circuit.
Myra Packman Recognized by Westchester Business JournalApril 14 2008
How To Litigate Successfully: Part 1 -- When To LitigateMarch 6 2008
The Metropolitan Corporate Counsel
Firm Prevails on Summary Judgment Motion: Allegations of Fraud Against Company DismissedMarch 31 2008
The Firm is pleased to have won summary judgment on behalf of a corporate client and its individual owners, concerning claims of fraud and other wrongdoing brought against them by the company's prior owner from whom the company was acquired. The case had a complicated set of facts and emotions ran high on both sides of the lawsuit, but we were able successfully to argue that the terms of the contract of sale of the business precluded the claims which the prior owner was seeking to litigate. The Court agreed with all of our legal arguments and dismissed the case against our clients in its entirety. The victory not only prevents the case from going forward to trial against our clients based upon fabricated allegations of fraud and wrongdoing, but also allows our clients to move forward with their business without the burden of continuing to defend against an unwarranted lawsuit.
David Meiselman Serves in Moot CourtMarch 6 2008
On March 6, 2008, partner David Meiselman was honored to serve as Judge in the 32nd annual Wagner Moot Court competition hosted by New York Law School. Mr. Meiselman's alma mater. This competition is the nation's largest student run Moot Court. As many as 50 law schools from across the country have participated in this prestigious competition.
Barry B. Cepelewicz to Speak at Fairfield County Medical Association SeminarMarch 20 2008
Barry Cepelewicz, M.D., J.D. lectured on "Medical Record Requirements and Protection" on Thursday, March 20, 2008 in Norwalk, Connecticut. This program, presented by the Fairfield County Medical Association, is designed for both physicians and their office staff.
Firm to Train Judges on Search & Seizure of Electronic MediaMarch 10 2008
On Monday, March 24, 2008, Ken Citarella, former Chief of the High Technology Crimes Bureau of the Westchester County District Attorney's Office, will be making a presentation on Computer Search Warrants for the NY Judicial Institute in Uniondale, LI, NY, training judges on the 4th Amendment issues relating to the search and seizure of electronic media
Federal Court Certifies Lawsuit to Proceed as Class Action Against CostcoFebruary 22 2008
A federal class lawsuit against Costco challenging its policy of backdating renewal memberships has been certified to proceed as a class action and the firm has been appointed as Class Counsel.
Ken Citarella To Present On "A Prosecutor's Perspective on Electronic Crime"February 12 2008
Ken Citarella, the former Deputy Chief of the Investigations Bureau of the Westcheter County Distrtct Attorney's Office, will be lecturing on "How to Present Digital Evidence in a Courtoom" on February 21, 2008 at the Office of the Chief Medical Examiner.
Document, Document, Document!October 31 2007
Typically, health-care providers approach documentation with the goal of effectively communicating with themselves. The reality, however, is that depending upon many different circumstances, numerous other individuals may one day review a health-care provider's records for many different purposes and from many different perspectives. Records may be reviewed by other health-care providers, billing personnel, patients, lawyers, insurance companies, governmental regulators (both federal and state) and in some instances, law-enforcement personnel.
Physician Lecture by Gary Sastow, Esq.October 31 2007
On October 19, 2007 Gary Sastow, a member of the firm's Health Law Group, lectured to a group of senior pediatric residents at New York Universtiy Medical Center/Bellevue Hospital on medicolegal and employment issues young doctors can anticipate facing when entering into the private practice of medicine after completion of their residency.
New Jersey Superior Court Upholds Firm's Consumer Fraud Claims Against the Makers of StriVectin-SD, A Purported Anti-Wrinkle CreamOctober 26 2007
A New Jersey court recently ruled that the firm could proceed with all of its consumer fraud claims against numerous Utah defendants including Dennis Gay and his companies, Klein-Becker US, LLC and others.
David Meiselman, Myra Packman, Jeffrey Carton and James Eberz Selected to 2007 "Super Lawyers"October 1 2007
Congratulations to our partners David J. Meiselman, Myra I. Packman, Jeffrey Carton and James G. Eberz who have been chosen by an independent review process as amongst New York's "Super Lawyers". Their selection was recently featured in Westchester magazine and the New York Times Magazine. In addition, David Meiselman and Jeffrey Carton were named to the Top 25 Lawyers in Westchester County.
Westchester County Detachment Marine Corps League Welcomes David MeiselmanOctober 3 2007
David J. Meiselman, Sgt. E-5, who served our Country with distinction from 1968-1970 has joined the Westchester County Detachment Marine Corps League. We applaud David's prior service and congratulate him on his association with the Westchester County Detachment.
David Meiselman Appointed to Airport Advisory CouncilOctober 2 2007
The Board of Trustees of the Village of Rye Brook has appointed David Meiselman to an Airport Advisory Council which has been formed to address the growing community concern over the frequency and flight plans of aircraft utilizing the Westchester County Airport.
Multi-Million Dollar Advocates Forum, The Top Trial Lawyers in America, Inducts 3 PartnersAugust 27 2007
David Meiselman, James Denlea, and Jeff Carton have each been inducted into the prestigious Multi-Million Dollar Advocates Forum, The Top Trial Lawyers in America, an organization of less than 1% of all lawyers nationwide. Membership in the Forum acknowledges excellence in advocacy and is restricted to attorneys who have acted as principal counsel in at least one matter in which their client received a multi-million award. Congratulations to David, Jim and Jeff for their well-earned accomplishment.
David Meiselman, Myra Packman and James Eberz Selected to 2007 "Best Lawyers"July 26 2007
July, 2007 - Congratulations to our partners David J. Meiselman, Myra I. Packman, and James G. Eberz who have been recognized by their peers as amongst the New York area's "Best Lawyers." Their selection was recently featured in New York Magazine.
Federal Court Sustains Consumer Fraud Claims Against Hollywood TansApril 24 2007
A federal judge has sustained nationwide consumer fraud claims asserted against Hollywood Tans concerning their alleged deceptive marketing.
New Jersey Superior Court Directs Insurer to Defend Apartment Building in Premises Liability ActionApril 19 2007
April 2007
We are pleased to announce that the Firm has won summary judgment in an insurance coverage dispute. The Firm represents the owners of a residential apartment building in New Jersey, and the management company for that property. A tenant was assaulted by an unknown and un-apprehended assailant, and she then sued the property owner and the management company. When the property owner and management company turned the claim over to their insurance company for defense and indemnity, the insurance company unlawfully denied coverage to them, wrongfully claiming that it had no coverage responsibility because of an alleged exclusion in the policy. The Firm succeeded in having the Court declare that the exclusion did not apply and that the insurer was obligated to defend and indemnify our clients against the tenant's claims.
Firm Obtains Dismissal of Defamation Claims Against the Nielsen CompanyApril 20 2007
On March 28, 2007, the Firm obtained summary judgment dismissing the defamation claims of two former employees who had alleged that they had been defamed by the Editor-in-Chief of one of the magazines published by The Nielsen Company (formerly VNU, Inc.). The plaintiffs' May 2005 Complaint alleged that the Editor-in-Chief, with the approval of Nielsen, made defamatory statements about them and their fledging trade show production company to clients and prospective clients of their company.
Electronic Health RecordsJanuary 10 2007
Medical Malpractice - Law & Strategy: A Discovery Landmine for Physicians and Counsel. By Barry B. Cepelewicz and James R. Denlea
RPI, contractor lose $4.5M lawsuitDecember 21 2006
Electrician sued after suffering serious injuries while on a high-voltage repair job at campus research center.
A new Battleground for Class Action WarOctober 10 2006
WESFACCA's LITIGATION & INSURANCE COMMITTEE and MEISELMAN, DENLEA, PACKMAN, CARTON & EBERZ P.C. present "LITIGATION: HOW TO ASSESS IT & WIN IT (and Save Money Doing So!)August 29 2006
Physician, Defend Thyself!July 10 2006
In the professional medical misconduct process, ignorance is not bliss for either doctors or their lawyers.
LEGAL TOOLS TO PROTECT DATAJuly 19 2006
GC New York: Security is an ongoing concern for everyone these days, and novel issues seem to be cropping up regularly. For in-house counsel, the questions of how to handle breaches of security in their companies’ information and computer systems are far from simple.
Cancer-Stricken Casino Worker Sues Over Secondhand Smoke ExposureJuly 17 2006
NEW JERSEY LAW JOURNAL, By Lisa Brennan - New Jersey's casinos, which won exemption from the state indoor smoking ban that took effect this spring, have new cause to rethink the wisdom of letting patrons puff away while they gamble.
Casino Worker in Smoke SuitJuly 14 2006
NEW YORK POST: A former casino floor supervisor diagnosed with lung cancer has filed suit against one of Atlantic City's biggest casinos, charging its owners with failing to protect him from the second-hand smoke that got him sick.
Casino worker sues over 2nd-hand smokeJuly 12 2006
PRESSOFATLANTICCITY.COM: A long-term casino employee who never smoked has filed suit against his employer, claiming a smoke-filled gaming floor caused his lung cancer.
Nonsmoker sues casino over cancerJuly 12 2006
ASBURY PARK PRESS: A nonsmoking casino worker diagnosed with lung cancer is suing the operator of the Tropicana, claiming the casino failed to protect its employees against secondhand smoke
Tropicana employee files suitJuly 12 2006
COURIERPOST ONLINE: A nonsmoking casino worker, diagnosed with lung cancer, is suing the operator of the Tropicana for failing to protect its employees against secondhand smoke.
Casino worker files smoking suitJuly 12 2006
Bridgewater Courier News: A casino worker, diagnosed with lung cancer, is suing the operator of the Tropicana for failing to protect its employees against second-hand smoke.
Aztar Sued Over Secondhand SmokeJuly 11 2006
CASINO CITY TIMES: A New Jersey man has sued the owner of Atlantic City's Tropicana Casino and Resort for failing to protect him and other individuals from the dangers of secondhand smoke.
Some Exciting New Cases and Clients Meiselman, Denlea has been Retained to Represent in the First Few Months of 2006June 21 2006
Representing a physician alleged to have missed a corneal abrasion leading to a corneal transplant in a young man;
Google Sued for Promoting and Profiting from Child Pornography Nassau County Legislator's Suit Charges Google as World's Largest Facilitator and Distributor of Child PornographyMay 10 2006
White Plains, NY, May 4, 2006 - Meiselman, Denlea, Packman, Carton & Eberz, P.C., acting on behalf of Nassau County Legislator Jeffrey Toback, has filed a lawsuit against Google, Inc. (NM: GOOG) charging the internet search giant with putting Child Pornography profits ahead of the well-being of children and community members.
Meiselman, Denlea Successful in Having Court Dismiss Case in Dutchess County TrialJune 15 2006
In a recent trial in Dutchess County, two of our pediatrician clients were charged with failing to diagnose and treat a coarctation of the aorta and ventricular septal defect in a timely fashion, resulting in the death of a newborn infant. At the conclusion of the testimony, Meiselman, Denlea was successful in having the court dismiss the case.
Meiselman, Denlea Files Suit Against Guidant Corporation Over Defective Cardiac Pacemaker Linked to Former Stamford City Manager's DeathMarch 24 2006
White Plains, NY, March 22, 2006 - Meiselman, Denlea, Packman, Carton & Eberz P.C., acting on behalf of the widow and estate of a Connecticut man who died due to a defective pacemaker, has filed suit against the manufacturer, Guidant Corporation (NYSE: GDT), and two of its subsidiaries. Donald R. Whitting passed away in September 2004 just two days after receiving a Guidant Model 1298 Insignia Pacemaker. Mr. Whitting had been the Risk Manager for the city of Stamford, CT.
David Meiselman, Myra I. Packman and James G. Eberz "Best Laywers" in 2007April 7 2006
Once again, MDPCE partners David J. Meiselman, Myra I. Packman and James G. Eberz have been selected by their peers to be included in the 2007 listing of New York's "Best Lawyers" as well as the 2007 edition of "The Best Lawyers in America". Best Lawyers in America is regarded as the preeminent referral guide to the legal profession. Lawyers are selected by a rigorous peer review based on thousands of confidential evaluations. Lawyers canot pay a fee to be included and no advertising is accepted. MDPCE is very proud of David, Myra and Jim for having once again achieved this professional honor and recognition.
Two "Borgata Babes" Sue Borgata Casino For Over $70 Million For Sex Discrimination Concerning Their Appearance. Suit Claims Workplace Performance is Secondary to the Size of Their Breasts and WaistlinesJanuary 29 2006
White Plains, NY, January 29, 2006 - Two former female cocktail servers have sued the Borgata Hotel Casino & Spa in Atlantic City, seeking at least $70 million in damages stemming from a workplace "polluted by rampant sexual stereotypes, a sexual and gender-hostile environment and sex discrimination." The two women were employed as "Borgata Babes," as the casino calls its "costumed beverage servers" or cocktail waitresses.
Jeffrey Carton spoke at Ortho Evra conference March 6February 9 2006
Jeffrey Carton was invited to speak at the Mealey's Birth-Control Patch Litigation Conference in Marina del Rey, California held on March 6, 2006. The conference focused on the risks to women who use the patch versus birth control pills. Jeffrey's topic was "Consumer Fraud Analysis".
Jeff Carton will begin hosting "Law Talk"January 6 2006
On January 9, 2006, litigation partner Jeff Carton will begin hosting "Law Talk," a weekly radio show on WVOX, 1460 AM. Jeff's first guest is the Honorable Francis A. Nicolai, Administrative Judge for the 9th Judicial District.
Barry Cepelewicz was named in 2005 as a Contributing Editor at Medical Economics Magazine.January 6 2006
David Meiselman, "Best Lawyers" in 2005January 6 2006
David was once again recognized as best in his profession in the Westchester and New York Magazines (2005) and United States Best Attorneys (2005). David, as well as Myra Packman and Jim Eberz were acknowledged as leading lawyers based upon selection by their peers.
Myra Packman, "Best Lawyers" in 2005January 13 2006
Myra was once again recognized as best in her profession in the Westchester and New York Magazines (2005) and United States Best Attorneys (2005). Myra, as well as David Meiselman and Jim Eberz were acknowledged as leading lawyers based upon selection by their peers.
James Eberz, "Best Lawyers" in 2005January 6 2006
James Eberz was once again recognized as best in his profession in the Westchester and New York Magazines (2005) and United States Best Attorneys (2005). James, as well as Myra Packman and David Meiselman were acknowledged as leading lawyers based upon selection by their peers.
Keynote presentation: Strategies for Negotiating with Managed Healthcare OrganizationsOctober 26 2005
Barry Cepelewicz and Jeff Carton gave the keynote presentation to the 213th Semi-Annual meeting of the Fairfield County Medical Association. Their presentation was entitled "Strategies for Negotiating with Managed Healthcare Organizations."
Firm Handles Acquisition of $27 Million Office ComplexOctober 16 2005
Class A White Plains Office Space Acquired By Core Plus Properties
ORIOLES' WIDOW SEEKS $600 MILLIONJuly 18 2003
The widow of Baltimore Orioles' pitcher Steve Bechler has retained MDPC&E to represent her interests in connection with a $600 million lawsuit filed against the makers of Xenadrine RFA-1, the ephedra-based dietary supplement linked to the pitcher's death this past winter in spring training.
NATIONAL CONSUMER CLASS ACTION LAWSUIT FILED AGAINST POPULAR DIET SUPPLEMENT CORTISLIMJuly 15 2004
Orange County, CA suit charges manufacturer with false, deceptive and unsubstantiated advertising claims
MDPC&E FILES SUIT ON BEHALF OF ESTATE OF SALSA LEGEND TITO PUENTEApril 11 2005
Firm files suit against restauranteurs who renege on licensing income owed to Estate
EMPIRE BLUE CROSS/BLUE SHIELD YIELDS TO NEW YORK STATE SURGEONS' DEMANDSFebruary 15 2005
Empire abolishes "single-incision" reimbursement policy in response to class-action lawsuit
FIRM TRIUMPHS IN COMMERCIAL REAL ESTATE ARBITRATIONJune 20 2004
Nearly $1.5 million awarded to our client.
DEFENDANT'S VERDICT FOR ULSTER COUNTY PHYSICANJune 20 2004
MDPC&E recently received a unanimous jury verdict on behalf of an Ulster County physician charged with failing to diagnose a squamous cell carcinoma of the nasal passages.
Representing members of the Fairfield County Medical Society, Dr. Cepelewicz is spearheading a class action lawsuit against UnitedHealthcare and Oxford Health PlansJanuary 27 2006
MDPC&E has been appointed as General Counsel to the Fairfield County Medical Society.June 20 2004
NO OVERTIME FOR LIVERY DRIVERS: MEISELMAN DENLEA WINS PRECEDENT-SETTING DECISIONApril 11 2005
U.S. Southern District Court Rules on Behalf of D.L.C. Limousine
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Meiselman, Denlea, Packman, Carton & Eberz P.C. Attorneys at Law 1311 Mamaroneck Avenue White Plains, NY 10605 Tel: (914) 517-5000 |
