New York Court Approves Service Of TRO Via Non-Fungible Token
With approval from the New York Supreme Court, Miami attorneys with Holland & Knight’s asset recovery team recently served a defendant with a temporary restraining order in the form of a non-fungible token (“NFT”). The underlying lawsuit is based on the unauthorized access to, and theft of, approximately $8 million worth of virtual assets on the Ethereum blockchain. The idea to serve the...Read More
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Missouri Court Affirms Arbitration Award For Damages For STI Contracted In Vehicle
In M.O. v. Geico General Insurance Company and Government Employees Insurance Company, a Missouri appellate court affirmed the confirmation of a large arbitration award stemming from a claim by a plaintiff that she sustained damages when she contracted HPV while having unprotected sex with her partner in his vehicle. Plaintiff submitted a settlement offer to her partner’s automobile insurer...Read More
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(Knock on Wood) — NY Courts Lift Facemask and 3-Foot Physical Distancing Requirements
Effective June 16, 2022, New York courthouse visitors, lawyers, judges, and staff will no longer be required to wear masks, with proof of vaccination, in light of receding COVID rates. Also being lifted in the courthouses is the three-foot physical distancing requirement. (The policy identifies a vaccination card or a New York State Excelsior Plus Vaccination Pass as proof of vaccination.)...Read More
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Defendant Slips On Storm In Progress Rule (NY)
In a recent case from the Second Department of the Appellant Division of New York, Fitzsimons v. N. Shore Univ. Hosp., the court affirmed an order granting summary judgment to a defendant parking garage owner on the basis of the storm in progress rule. The plaintiff in the case was walking to his car on the fourth floor of the defendant’s parking garage. After slipping and falling on ice, the...Read More
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Nazi Art Disputes Still Kicking 80 Years Later (NY)
In 2015, a suit known as Reif v. Nagy was filed in the Manhattan Supreme Court Commercial Division over the rightful ownership of two Egon Schiele paintings that were allegedly stolen by the Nazis. The suit commenced after the two paintings were spotted at a 2015 art show exhibit run by Richard Nagy, a London-based art dealer. The plaintiffs included the heirs of Fritz Grünbaum, a Jewish...Read More
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New Life For Failing To Waive Contractual Notice Requirement For Life Insurance Policy (NY)
On May 31, 2022, the Eastern District of New York issued a Memorandum & Order in Herman Brettler v. Allianz Life Insurance of North America. In 2016, Herman Brettler (“Herman”), as trustee of the Zupnick Family Trust 2008 (the “Trust”), commenced an action against Allianz Life Insurance Company of North America (“Allianz”), seeking a declaration that a life insurance policy issued by...Read More
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Insurer Wins On Anti-Stacking Provision In UIM Case (PA)
In a recent case from the Eastern District of PA, Meyers v. Travelers Ins. Co. the court granted the defendant insurance company’s motion for summary judgment consistent with the Motor Vehicle Financial Responsibility Law and focused on a secondary policy’s waiver of inter-policy stacking. The plaintiff in the case was in a car accident, in which she received the policy limit of the at fault...Read More
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Call Your Next Witness – Christon Halkiotis
Christon Halkiotis and I have a lot in common, in that we’re both former prosecutors who sought a change after a handful of years representing the government. Christon’s path took her to criminal defense, where she started her own practice in 2019 in Greensboro, North Carolina after 15 years as a prosecutor. Her practice flourished immediately, which is a testament to...Read More
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