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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.
Links:Attorneys: More News:MDPCE Wins in Arbitration ProceedingAugust 23 2010
MDPCE represents an internationally renowned author, advisor, trader, and entrepreneur who speaks and teaches on trading financial instruments for a living.
Complex Commercial Case Against Major National BankAugust 17 2010
MDPCE is prosecuting a complex commercial case against a major national bank. The suit was brought on behalf of a family trust that sustained multi-million-dollar losses in an extraordinarily complex and highly leveraged transaction.
Major Metropolitan Hospital Sued for Aids PhobiaAugust 16 2010
The law firm was recently retained by a major metropolitan hospital to defend it against allegations of "Aids Phobia".
Appellate Division Sustains Dismissal of Claims Against Defendant Thoracic SurgeonAugust 13 2010
Plaintiff, a 54 year-old female, sustained a brachial plexus injury in the course of a right upper lobectomy for bronchogenic carcinoma. Immediately postoperatively, the patient had complained of weakness and tingling of her right arm and she was referred for a neurological consultation and treatment.
Firm Secures Costco Class Action SettlementAugust 13 2010
In April 2010, MDPCE won Federal Court approval of a multi-million dollar class action settlement against Costco Wholesale Corp. The firm challenged Costco's policy of backdating membership renewals.
Kroger Class Action Regarding GlucosamineAugust 12 2010
The firm recently commenced in Orange County, California a consumer fraud, class action lawsuit challenging Kroger's sale of a Glucosamine supplement which can allegedly "help build cartilage."
Trident Xtra Care Consumers File Class ActionAugust 13 2010
Cadbury Adams USA, LLC, the maker of Trident chewing gums, represents that its Trident Xtra Care chewing gum "Strengthens and Rebuilds Teeth". Alleging that this claim is deceptive and misleading because no chewing gum can rebuild teeth once decay or other tooth damage has occurred, the firm has filed a lawsuit in the Supreme Court for the State of New York (Queens County) on behalf of all consumers who purchased Trident Xtra Care from July 7, 2007 to the present in the State of New York.
Samsung's Misleading Advertising ChallengedAugust 12 2010
The firm recently commenced an action in federal court in New Jersey, challenging Samsung's misleading advertising of its line of "LED" flat screen televisions separate and apart from the conventional LCD or plasma technology by which flat screen televisions are typically grouped.
Dutchess County Supreme Court Dismisses Case Against Radiologist Charged With Failing To Read Mammogram ProperlyJune 14 2010
The Supreme Court, Dutchess County recently dismissed all claims against a radiologist charged with failing to read the plaintiff's mammogram properly.
Appellate Division Sustains Orders Regarding Propriety of ServiceMay 10 2010
On March 9, 2010, the Appellate Division, Second Department affirmed a trial decision denying dismissal and granting the firm's cross-motion to extend time to serve an estate.
Sony Playstation 3 Consumers File Nationwide Class ActionApril 30 2010
The firm has filed a lawsuit against Sony Computer Entertainment America, Inc., for Sony's decision to force users of its Playstation 3 console to either install an update that would disable the console's "Other OS" feature or lose the ability to play games with other users in the network.
David Meiselman and Barry Cepelewicz Speak At FCMA EventApril 20 2010
Meiselman Denlea, General Counsel to the Fairfield County Medical Association (FCMA) offers educational seminars to physicians on how to protect their practices from liability and increase their practices' profitability.
Effective Use of Physician Assistants By: Barry B. Cepelewicz, M.D., Esq. and Richard J. Nealon, Esq.April 19 2010
Published in the "News Capsule" of the Fairfield County Medical Association
Emailing Patients? BE CAREFUL By: Barry B. Cepelewicz, M.D., Esq.December 15 2009
Published in the "News Capsule" of the Fairfield County Medical Association
Firm To Prosecute Birth Control Products Yaz, Yasmine and OcellaNovember 20 2009
The Firm is currently preparing to prosecute more than two dozen personal injury mass tort matters involving the birth control products Yaz, Yazmine and the generic version named Ocella.
Westchester Magazine Features New York "Super Lawyers"October 1 2009
Six Partners Honored As Distinguished Practitioners. Congratulations to our litigation partner Jeff Carton for being recognized as one of Westchester County's Top 25 "Super Lawyers."
Appellate Division Upholds Firm's VictorySeptember 30 2009
The New York Appellate Division, Second Department, has affirmed the dismissal of a fraud case brought against our clients, a corporation and its individual owners.
Firm Secures Dismissal of Marina in Premises Liability ActionSeptember 30 2009
The New Jersey Supreme Court has declined to hear an appeal in a case in which the Firm won summary judgment for its client, thereby sealing the Firm's victory in this case.
MDPCE Appointed to Executive Committee Leading National Consumer Fraud Class Action Against Bayer Healthcare LLCSeptember 30 2009
MDPCE has been appointed to the Executive Committee responsible for prosecuting the nationwide consumer fraud class action litigation concerning the deceptive sales practices committed by Bayer Healthcare LLC in connection with the marketing of "Bayer Women's Low Dose + Calcium" and "Bayer Aspirin With Heart Advantage" (collectively, the "Combination Aspirins”).
MDPCE To Lead National Consumer Fraud Class Action Against Ticketmaster and TicketsNow.comSeptember 30 2009
MDPCE has been appointed co-lead counsel by the federal judge overseeing the nationwide, consumer fraud litigation against Ticketmaster and TicketsNow.com alleging that defendants' deceptive practices misled consumers into paying well above face value for tickets when tickets were available at face value.
3 Chosen to Elite Lawyers of AmericaMay 15 2009
David Meiselman, Jim Denlea, and Jeff Carton have been selected as Members of the Elite Lawyers of America ("ELA").
David Meiselman and Barry Cepelewicz Speak at FCMA EventsMay 7 2009
Meiselman Denlea, General Counsel to the Fairfield County Medical Association (FCMA), offers educational seminars to physicians on how to protect their practices from liability and increase their practices' profitability.
Jeff Carton Selected to Become a Fellow in Trial Lawyer Honorary SocietyApril 13 2009
Jeff Carton has been selected by the Advisory Board of the Litigation Counsel of America ("LCA") to become a Fellow in this Trial Lawyer Honorary Society.
Fairfield County Medical Association presents: Medical Record Requirements & ProtectionApril 3 2009
Tuesday, April 7, 2009 - 1:00pm to 4:00pm - Norwalk Inn & Conference Center - 99 East Avenue, Norwak
Protect Your Company Against False Claims Act LawsuitsApril 1 2009
Despite the economic crisis that is plaguing corporate America, the United States government continues to earn significant revenues from prosecuting False Claims Act or Qui Tam litigation.
David Meiselman, James Denlea, and Jeffrey Carton Selected to 2009 "Super Lawyers", Corporate Counsel EditionFebruary 27 2009
Congratulations to our partners David J. Meiselman, James R. Denlea, and Jeffrey I. Carton who have been selected to be included in the 2009 Corporate Counsel Edition of "Super Lawyers".
RADIOLOGISTS: BEWARE OF THE REVISED ANTI-MARKUP RULE!February 23 2009
On January 1, 2009, the Centers for Medicare and Medicaid Services' ("CMS") revised anti-markup rule went into effect. The revised rule prohibits the markup of the professional component (PC) and/or technical component (TC) of a diagnostic test when the billing physician does not share a practice with the physician providing the test. Over the past several years, in an effort to derive additional income, many radiology practices (as well as other practices which provide diagnostic services) have entered into business arrangements with other specialty practices whereby the billing practice would markup the PC and/or TC fee when billing payors. These relationships have been scrutinized in the past, but with the revised anti-markup rule now in effect, many relationships which were not expressly prohibited before could very well be illegal today.
Successfully Defending Copyright Infringement SuitsFebruary 9 2009
The Metropolitan Corporate Counsel
MDPCE Presents at The 217th Annual Meeting of the Fairfield County Medical AssociationJanuary 30 2009
Thursday, April 30, 2009 at the Trumbull Marriot Hotel (180 Hawley Lane, Trumbull)
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".
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.
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).
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.
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.
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.
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.
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
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.
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.
Barry B. Cepelewicz Spoke 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.
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.
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".
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.
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.
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. 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.).
Electronic Health RecordsJanuary 10 2007
Medical Malpractice - Law & Strategy: A Discovery Landmine for Physicians and Counsel. By Barry B. Cepelewicz and James R. Denlea
MDPCE Wins $4.5M Lawsuit Against RPI ContractorDecember 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
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!)
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 ccompanies' 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".
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).
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).
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).
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.
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
MDPCE 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 |
