News

New Yorkers post hundreds of Google reviews every day.  A downstate couple who posted an unfavorable review of an orthodontist after the dentist treated the couple’s child were sued by the orthodontist for defamation.  A claim for defamation requires proof that the defendant made a false statement;  and a defamation claim can be defeated by showing the statement was an opinion and/or criticism (which are generally protected under the First Amendment of the U.S. [...]

At long last, New York’s “wrongful death” law may be changed to allow family members and loved ones of those killed by another person’s negligence to recover money damages for the grief and anguish of the survivors.  Both the New York Senate and Assembly have passed a bill known as the “Grieving Families Act”, and the legislation now awaits the signature of Governor Kathy Hochul to become law.  New York law has always limited recoverable damages in [...]

New York Governor Kathy Hochul has signed legislation making New York the 25th state in the country to grant nurse practitioners (NP) full authority to practice medicine.  NPs are now able to evaluate, test, diagnose, and prescribe medications for patients without having to sign a contract with a “supervising physician”.  That requirement, which was waived by New York and several other states when the COVID-19 pandemic drastically changed accessibility to medical care, has [...]

Did you know that creation or possession of a falsified COVID-19 vaccination card is now a crime under New York law?  Governor Kathy Hochul has signed what’s called the “Truth in Vaccination” law, which amended the New York Penal Law (Sec. 175) to include vaccine cards within the definition of “written instruments” – meaning a person in possession of a fake COVID-19 vaccination card can be charged with criminal possession of a forged instrument, a crime [...]

Attorney Christopher Lemire presented at the New York State Association of Self-Insured Counties – Fall Conference in Corning, NY.  Mr. Lemire’s topic was “New York Workers’ Compensation – The Injured Worker’s Point of View. How do work related injuries impact injured workers, their families and employers and how providing prompt medical care and payment for lost wage benefits leads to quicker recovery and a successful return to work.”