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JHCB
PRACTICE AREAS:
(Click
the practice area listing below for
further information.)
>Administrative
and Regulatory Matters
>Appellate
Practice
>Automobile
Liability
>Aviation
Law
>Commercial
Litigation
>Construction
Accident Litigation
>Dental
Malpractice
>Employment
Law
>Directors and Officers Litigation
>Entertainment
Litigation
>Environmental/Toxic
Tort
>General
Liability
>Insurance
Coverage Counseling
>Insurance
Law
>Maritime/Admiralty
Litigation
>Medical
Malpractice/Managed Care Litigation
>Premises
Liability and Security Litigation
>Products
Liability Litigation
>Professional
Liability Litigation
>Property
and Subrogation Litigation
ADMINISTRATIVE
AND REGULATORY MATTERS
We are often asked to guide our
clients through the increasingly
complex landscape of federal, state
and local regulations in a number
of different areas of administrative
law, including insurance regulation,
health care and business and securities
licensing. The firm has appeared
before such diverse agencies as
the United States Securities and
Exchange Commission, the National
Association of Securities Dealers,
the New York State Division for
Human Rights, the United States Equal Opportunity Commission, the New York State
Insurance Department, the New York
State Liquor Authority and the United
States Occupational Safety &
Health Administration.
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APPELLATE
PRACTICE GROUP
Our appellate practice group represents
the firm's clients on appeals to
New York's Court of Appeals and
Appellate Divisions as well as to
the federal appellate courts. The
issues on appeal span the gamut
of all of the firm's practice groups,
as well as matters referred to us
based solely on the appellate expertise
of the unit's attorneys. Among other victories,
we obtained a decision by the New
York Court of Appeals expanding
the scope of discovery available
to defendants in personal injury
actions.
Our appellate group comprises more
than 75 years of combined appellate
practice experience.
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AUTOMOBILE
LIABILITY
The firm currently handles extensive
automobile defense programs for
national carriers as well as
trucking programs for additional
carriers and several self-insured
corporations. In addition, the firm
has demonstrated expertise in automobile
coverage matters and the arbitration
of issues arising out of no-fault
disputes and inter-company agreements.
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AVIATION
LAW
The firm's aviation practice group
is recognized for its expertise
in this highly specialized field
and provides legal services to all
segments of the aviation community,
including underwriters, airport
owners and managers, fixed-base
operators, owners and pilots of
business and pleasure aircraft,
aviation product manufacturers and
scheduled air carriers. Our attorneys
represent underwriters and their
insureds in all trial and appellate
courts and are experienced in multi-district
litigation. Issues litigated by
the firm include: airport and aircraft
owner/operator liability; airport
security and associated federal
regulations; choice of forum; choice
of law; application of federal treaty,
statutory and common law; design
and manufacturing defects; and breach
of warranty.
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COMMERCIAL
LITIGATION
The firm has extensive experience
in complex commercial litigation,
ranging from antitrust and RICO
actions, through securities and
First Amendment litigation. We regularly
appear in state and federal trial
and appellate courts representing
the interests of major corporate
and business entities. Most recently,
we obtained a decision by the Appellate
Division, First Department, strictly
limiting the circumstances under
which non-client third parties can
sue accountants for professional
malpractice.
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CONSTRUCTION
LITIGATION
Our construction group is co-chaired by Scott Miller. The group is additionally comprised of six principal attorneys with twenty years or more experience, two principal attorneys who are licensed engineers, one principal attorney who is a licensed architect and an adjunct professor, and a second tier of principal attorneys with more than ten years' experience who lend their support in part-time capacities. The group has significant trial experience.
The firm has offices specializing in construction litigation in Manhattan, Mineola, Westport, Ct. and Wayne, N.J. The construction group regularly litigates cases concerning losses experienced both during and after major construction and capital project developments. Our construction and labor law clients include construction companies, project management firms, sub-contractors, government agencies and insurers.
The firm's appellate department is comprised of three principal attorneys, each of whom has been practicing for more than twenty-five years.
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DENTAL
MALPRACTICE
The firm currently represents the
largest dental school in the New
York metropolitan area in the defense
of allegations of professional negligence
surrounding dentists covered by
a large national carrier through
various private and professional
organization coverage plans.
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DIRECTORS AND OFFICERS LITIGATION
The firm has handled a wide variety of D&O matters, including defending corporations and their officers, directors, and employees, and providing coverage opinions and advice regarding complex issues in this area.
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EMPLOYMENT
LAW
The firm has extensive experience
in employment law issues, including
the negotiation of employment agreements,
severance agreements and collective
bargaining agreements. We defend
claims against employers in such
areas as age, race and sex discrimination,
sexual harassment, and sexual orientation
and claims made under Title VII, the Age Discrimination in Employment Act, the Americans
with Disabilities Act, the Family
and Medical Leave Act, the National
Labor Relations Act, the Fair Labor
Standards Act, and state and local
labor and employment laws.
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ENTERTAINMENT
LITIGATION
The firm has significant expertise
in both the prosecution and defense
of high-profile entertainment related
litigation matters. We have represented
theater owners, producers, and entertainers,
including musicians, music publishers,
journalists, and television personalities.
Additionally, we have litigated
on behalf of sports figures, promoters,
art dealers, photographers, and
museums. The firm’s expertise
includes copyright, trademark, and
trade dress infringement.
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ENVIRONMENTAL/TOXIC
TORT
We have represented a variety of
clients in toxic and occupational
tort cases across the country. The
substances involved have included
asbestos, mold, benzene and lead.
We have also been involved in occupational
hearing loss litigation. We have
represented construction managers
and building owners whose properties
allegedly contained mold or asbestos.
The firm has represented vessel
owners in Jones Act and negligence
cases by seaman for personal injury
and wrongful death from asbestos
exposure. We have also defended
manufacturers, vendors and other
entities whose products utilized
or businesses provided equipment
or manufactured goods that contained
asbestos. Our attorneys have actively defended personal injury cases
on behalf of maritime, construction
and educational entities. We have
also represented owners of property
and construction managers in cases
seeking recovery for property damage
and diminution of value.
We have
handled single plaintiff, single
defendant; multiple plaintiff,
multiple defendant; and single
plaintiff, multiple defendant
cases. The litigation has been,
in most instances, highly complex
due to factual or medical issues
or the number and types of parties
involved.
One of our national carrier clients
has retained our Environmental/Toxic
Tort Practice Group to represent
a boiler manufacturer and act
as its national coordinating counsel
in asbestos cases filed in a half-dozen
jurisdictions.
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GENERAL
LIABILITY
The firm’s involvement in
the litigation of general liability
issues is extensive, with representation
of both self-insured and carrier
clients. The firm’s experience
involves the resolution of issues
and cases as diverse as slip and
falls; security related matters
involving personal assault and homicide;
and construction cases representing,
in various instances, the owner,
general contractor or subcontractor.
The firm’s general liability
defense unit also has handled the
defense of cases alleging intentional
assault, libel, and slander for
self-insured clients.
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INSURANCE
COVERAGE COUNSELING
The firm’s attorneys regularly
respond to inquiries from insurance
companies and insurance brokers
concerning the scope and extent
of insurance coverage, insurance
policy drafting and interpretation,
contracts with third party administrators,
and the rights and liabilities of
insurance companies and their policyholders.
This expertise extends to reinsurance,
bad-faith and co-coverage matters,
and claims for indemnification and
contribution. Further, we are able
to offer counseling to corporations
wishing to review their present
liability coverage.
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INSURANCE
LAW
The firm's specialties include insurance defense,
and related litigation, representing
both insurance companies and their
policyholders, as well as reinsurance
companies and brokers. Our insurance
coverage litigation group is recognized
nationally, and regularly litigates
complex insurance policy interpretation
and coverage issues on behalf of
insurance companies and brokers.
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MARITIME/ADMIRALTY
LITIGATION
We have represented vessel owners and operators in the defense of personal injury and occupational/toxic torts (asbestos, benzene, hearing loss) suits brought by seamen, passengers and longshoremen, and in suits for cargo damage and loss, collision, pollution and commercial matters.
We have also defended stevedores in compensation (LHWCA) cases and suits seeking recovery for lost, damaged or misdelivered cargo, and tug and barge operators in collision, pier and equipment damage and oil spill/environmental suits.
In defending vessel owners and terminals, operators/stevedores, we have represented their interests and their insurance carrier or underwriter. In many cases, the underwriter has been either a single or consortium of protection and indemnity associations, and we have also handled such matters for land-based insurers.
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MEDICAL
MALPRACTICE/MANAGED CARE LITIGATION
The firm’s medical malpractice
group handles the defense of physicians
and related healthcare personnel
for assureds of the largest medical
malpractice carrier in New York
State, as well as some of the most
prestigious medical teaching institutions
in the New York metropolitan area,
and the defense of hospitals, clinics
and long-term care facilities. The
firm’s managed care division
has provided representation to managed
care organizations and preferred
provider organizations, both in
defense of allegations of malpractice
as well as those issues arising
out of claims of breach of covenant,
improper refusal to provide care
and ERISA related issues.
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PREMISES
LIABILITY AND SECURITY LITIGATION
The firm has vast experience in
the defense of commercial real estate
owners and managing agents and has
handled premises liability cases
ranging from exposure to environmental
hazards to security issues involved
in the protection of a large urban
student body, employees and
faculty, of one of the largest private
universities in the nation. The
firm has for more than 15 years
represented the interests of a prestigious
international hotel chain in claims
arising both domestically and abroad
and litigation involving the largest
commercial Mall in New York City.
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PRODUCTS
LIABILITY LITIGATION
The firm represents a wide variety
of manufacturers and distributors
and their licensees in product design,
product defect and failure-to-warn
actions. The range of products which
the firm has been called upon to
defend range from microprocessors
utilized in the aerospace industry
to complex industrial tooling machinery.
The firm has on staff attorneys
with engineering backgrounds and
experience to handle the most sophisticated
of product liability issues.
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PROFESSIONAL
LIABILITY LITIGATION
The firm is skilled in the litigation
of claims involving directors’
and officers’ errors and omissions
insurance and regularly handles
malpractice claims made against
professionals such as physicians
and other health professionals,
lawyers, accountants, investment
advisors, and insurance and real
estate agents and brokers.
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PROPERTY
AND SUBROGATION LITIGATION
The property and subrogation practice
group has extensive specialized
litigation experience in pursuing
property subrogation claims and
in representing liability insurers
in the defense of third party claims
related to property damage and casualty
losses of every variety in state
and federal courts. Cases are regularly
litigated involving property damage
due to fire, water, electrical and
gas service malfunctions, water
service problems, product liability/ manufactured
article malfunctions, and construction
activities. Warehouseman/bailment
and common carrier losses are handled
as well.
The property group also offers
defense of first party claims under
property insurance policies involving
homeowner’s, general liability,
fire and extended coverage, boiler
and machinery, business interruption
and jeweler’s block policies.
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