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Gold v. N.Y. Life Ins. Co., 653923/12

Publication Date: 2017-07-25
Practice Area:
Industry:
Court: Appellate Division, First Department
Judge: Justice Karla Moskowitz
Attorneys: For plaintiff: For appellants: John Halebian and Adam Mayes of counsel, Lovell Stewart Halebian Jacobson, LLP, New York, and Sanford F. Young of counsel, Law Offices of Sanford F. Young, P.C., New York.
for defendant: For respondents: Sean P. Lynch, and Richard G. Rosenblatt of the bar of the State of New Jersey and the Commonwealth of Pennsylvania, admitted pro hac vice, of counsel, Morgan Lewis & Bockius LLP, New York and Princeton, NJ.
Case Number: 653923/12

Arbitration of Disputes Cannot Be Compelled; Waiver of Collective Claims Violate

July 18, 2017 | New York Law Journal

Panel Weighs In on Contractual Arbitration Before SCOTUS Ruling

A Manhattan appeals court on Tuesday decided that a former insurance company agent cannot be forced to arbitrate with her employer despite her contract's arbitration provision, an issue the U.S. Supreme Court is set to decide in in a matter of months, leaving some lawyers wondering why the First Department weighed in at all.

1 minute read

June 19, 2015 | New York Law Journal

'At-Issue' Waiver of Attorney-Client Privilege

The Ne Court of Appeals has referred to the attorney-client relationship as "one of the most sensitive and confidential relationships in our society."1 As such, Ne

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June 18, 2015 | New York Law Journal

'At-Issue' Waiver of Attorney-Client Privilege

In their Commercial Division Update, George Bundy Smith and Thomas J. Hall write that a number of recent cases demonstrate that if reliance on privileged materials is needed to prove a claim or defense, the courts usually will find that the privilege has been waived. However, the relevance of privileged materials is not the determining factor in at-issue waivers; rather, the privileged materials must be directly at issue in the case.

1 minute read