Governor Cuomo Signs Legislation to Repeal COVID-19 Immunity

Categories: Blog

Legislation-to-repeal-COVID-19-immunity

On April 7, 2021, Gov. Andrew M. Cuomo signed legislation that repealed the COVID-19 malpractice immunity enjoyed by the New York healthcare profession since early in the COVID-19 crisis. This grant of immunity has been controversial since its inception. Proponents claimed it protected patients by ensuring the willingness of the healthcare profession to treat them….

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New York State’s New Nursing Home Legislation

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Elderly people in nursing home.

No area of the United States, or perhaps even in the world, has been hit as hard as New York was by the coronavirus crisis. New York City was hit far harder than even Wuhan, China, where the pandemic originated. New York’s nursing homes, unfortunately, were the hardest hit of all. If the allegations leveled…

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Campus Sexual Harassment and the New Title IX Regulations

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In 2011 the Obama administration released its now-famous “Dear Colleague” letter that issued new guidelines to institutes of higher education, primarily colleges and universities, concerning their handling of sexual harassment and sexual assault complaints filed by students. Failure to comply with the new guidelines could result in a loss of federal funding, a consequence few…

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Coronavirus Fraud Prosecutions by the Department of Justice

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covid-19-with-a-law-gavel

Every time calamity strikes, there will be people seeking to profit from it by diverting relief funds from the needy to the greedy, for example, and by exploiting the climate of fear and uncertainty that a disaster always creates. Although the US Department of Justice (DOJ) is strongly committed to cracking down on this type of…

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COVID on Campus and Student Conduct Issues

Categories: Blog

A-student-with-mask-in-campus

Covid-19 has changed the way we work, play, and study. Indeed, there may never be any ”getting back to normal,” if by “normal” we mean the way life used to be. Colleges, no less than any other social institution, have been forced to adapt to the new reality of a dangerous, contagious virus that isn’t…

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The Impact of the COVID-19 on New York Federal and State Cases and Inmates

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Covid-19 has affected the New York state and federal justice system in a variety of ways, including the manner in which court hearings are held, the enforcement of a defendant’s right to a speedy trial, and plea bargains. It has also resulted in the release of a number of prison inmates due to humanitarian and…

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Governor Cuomo Grants Healthcare Workers Legal Immunity from Most COVID-Related Medical Malpractice Lawsuits

Categories: Blog

In March 2020, New York Governor, Andrew Cuomo, responded to the COVID-19 crisis by issuing an executive order granting legal immunity to many healthcare workers, which protects them from negligence and malpractice lawsuits. The state legislature followed up by passing legislation, which Governor Cuomo signed, that extended and broadened the scope of this immunity.  The…

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Police Brutality, Qualified Immunity, and The Killing of George Floyd

Categories: Blog

On May 25, 2020, George Floyd, a 46-year-old black man, died in the custody of the Minneapolis police when a white police officer, Derek Chauvin, knelt on his neck for nine minutes while Floyd was handcuffed and lying face down on the street. Officer Chauvin continued kneeling on Floyd’s neck for at least three minutes…

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Motorcycle Accidents in Upstate New York

Categories: Blog

Your mother was right: Motorcycles are dangerous, even if you wear a helmet. This danger, however, has failed to blunt the enduring popularity of motorcycle riding. Upstate New York, for example, attracts riders from all over the nation, and sometimes from all over the world. Unfortunately, some of these riders end up in the hospital,…

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