Kaufman Borgeest & Ryan

Attorneys, Accident & Property Damage Attorneys, Bankruptcy Law Attorneys

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Kaufman Borgeest & Ryan

Wrongful Death
Congratulations to Christine E. Fernandez Rockwel l on her second defense win in a row! After a short jury deliberation, Christine obtained a unanimous defense verdict for our clients, a nephrologist and an infectious disease expert, in a medical malpractice case involving a wrongful death claim in Kings County Supreme Court. It was claimed that our client deviated from the standard of care by failing to timely consider, diagnose, and treat a patient with a dialysis catheter infection. At the time of admission, the 71-year-old patient was diagnosed with End-Stage Renal Disease and was found to have uremia as a result of missed dialysis and bacteremia secondary to infected tunneled hemodialysis catheter. The plaintiff’s decedent died of septic shock just over 24 hours after the catheter was removed. We argued there was no delay in diagnosis or treatment. Antibiotics were administered in a timely matter, and that there was no indication to remove the infected catheter sooner, especially in light of the fact that decedent had severe vascular compromise, with limited hemodialysis access options. Due to other health issues, any earlier intervention would have been of no consequence.

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Phone: (973) 451-9600

Address: 9 Campus Dr, Parsippany, NJ 07054

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Kaufman Borgeest & Ryan

Wrongful Death
Congratulations to Christine E. Fernandez Rockwel l on her second defense win in a row! After a short jury deliberation, Christine obtained a unanimous defense verdict for our clients, a nephrologist and an infectious disease expert, in a medical malpractice case involving a wrongful death claim in Kings County Supreme Court. It was claimed that our client deviated from the standard of care by failing to timely consider, diagnose, and treat a patient with a dialysis catheter infection. At the time of admission, the 71-year-old patient was diagnosed with End-Stage Renal Disease and was found to have uremia as a result of missed dialysis and bacteremia secondary to infected tunneled hemodialysis catheter. The plaintiff’s decedent died of septic shock just over 24 hours after the catheter was removed. We argued there was no delay in diagnosis or treatment. Antibiotics were administered in a timely matter, and that there was no indication to remove the infected catheter sooner, especially in light of the fact that decedent had severe vascular compromise, with limited hemodialysis access options. Due to other health issues, any earlier intervention would have been of no consequence.
Sex Crimes
Sexual Molestation Claims Covered Under D&O Policy, Client Advisory (June 13, 2011) (discussing decision by U.S.D.C for S.D.W. Va. holding that allegations concerning sexual molestation by a nursing assistant were covered under a hospital's D&O policy)
Fraud
The D&O Diary featured an article by KBR partners Scott A. Schechter and Paul T. Curley entitled “Crypto is the New Frontier in Securities Fraud Litigation” on March 17, 2023. The cryptocurrency industry poses a big, but challenging, opportunity for D&O insurers. On one hand, the industry is huge, with many participants to underwrite. On the other, the industry is plagued by lack of clarity on regulation, which breeds litigation by the SEC, shareholders and digital asset owners. The article covers a discussion of the claims, how public and private company D&O policies might respond (or not), and how regulation could benefit all participants, including D&O insurers.

Business and Corporate Law

Corporate Law
Business Disputes
An integral part of KBR’s business litigation practices is our representation of insurers. We regularly represent insurers in business disputes ranging from complex declaratory judgment litigation under directors and officers policies and professional liability policies to arbitration, mediation and other alternative dispute resolution. KBR has years of experience representing insurers and has successfully articulated and advocated on behalf of the insurance industry. We litigate in federal and state courts across the country on issues of critical importance to the insurance industry and to our individual insurer clients. As authors of countless complex insurance policies, we are uniquely placed to articulate their relevance to a particular circumstance.
Unfair Competition
KBR represents businesses in disputes involving breach of contract, negligence, misrepresentation, tortious interference, breach of fiduciary duty, unfair competition, and a variety of business torts that arise out of commercial activities. Our clients range from Fortune 500 companies to small and medium-size companies, law firms, insurance companies, insurance agencies and brokers, partnerships, sole-proprietorships and entrepreneurs. We negotiate contracts and agreements in order to avoid disputes, but when disputes arise, we engage in alternate dispute resolution where that furthers our client’s interests. When necessary we litigate business disputes and our broad experience adds depth and understanding to the issues faced by our clients.

Wrongful Termination
Allison is an associate attorney whose practice focuses on employment law. She represents employers in a variety of matters, including claims of discrimination, sexual harassment, retaliation and wrongful termination. Allison has represented clients before the Connecticut Commission on Human Rights and Opportunities, Connecticut state and federal Courts, as well as the Mohegan Gaming Disputes Court.
Employment Discrimination
Second, we defend employers in all stages of employment disputes. Our Employment team represents for-profit companies, not-for-profit organizations, financial institutions, educational institutions, and municipal entities in cases brought in federal or state courts as well as cases before state and federal agencies. We also represent employers in industry arbitration and medical staff proceedings. Our litigation experience includes defending employers in employment discrimination and harassment lawsuits, wage and hour claims, family and medical leave claims, wrongful termination and retaliations claims, breach of contract and a variety of business torts. We are prepared to litigate an employment matter through trial, but also effectively pursue alternative dispute resolution mechanisms to keep our clients’ options open. We keep our clients informed on employment issues by issuing Client Advisories detailing important developments in employment law that may affect their business. Please visit KBR’s Publications page to read the latest employment law updates.
Employment Contract
Contractual matters, including employment agreements, physician contracts and contractual joint ventures, computer licensing and maintenance agreements and disputes, equipment purchases, residency and student agreements, and transfer agreements;
Employment Litigation
Employment disputes arise out of nearly every aspect of running a business. Myriad overlapping laws and ever-evolving case law can create a minefield for employers. Even decisions made before an employee submits an application may become the subject of litigation. In this complicated environment, we make employment practices a part of our business so that our clients may carry on their business as usual.
Sexual Harassment
Kristina is an associate attorney whose practice focuses on coverage matters involving Commercial General Liability, Professional Liability and Employment Practices Liability. She represents international and domestic insurers in claims handling and coverage issues, including gender discrimination, sexual harassment, wrongful termination, property damage and bodily injury.

Premises Liability
KBR has extensive experience in handling all types of general liability cases from inception, through trial and post-verdict appeals. These claims include all premises liability cases in which landlords, managing agents and business owners are sued. We defend personal injury cases involving fires, explosions, steam systems, radiators and hot water burns, as well as negligent security cases, claims involving falls on transitory conditions, and claims involving structural defects and property damage.
Construction Litigation
KBR has successfully litigated numerous other specialty cases, such as trucking and auto cases; dram shop claims; foster care agency cases; construction litigation against owners, general contractors, construction managers and subcontractors; alarm installers and monitoring cases; suits against investigators; sporting injury cases; gymnasium cases; and cases involving injuries at camps and places of amusement.
Property Damage

Personal Injury
Personal Injury Litigation - Defendants. In 2021, he was named Lawyer of the Year by Best Lawyers for Personal Injury Litigation in the NewYork City Region. And in 2022, he was named Lawyer of the Year by Best Lawyers for Medical Malpractice Law – Defendants in the New York City Region.
Medical Malpractice
KBR attorneys Mario C. Giannettino and Jessica Oliva successfully secured a summary judgment in a medical malpractice case on behalf of a Long Term Care facility last month. The claim involved allegations of failure to prevent, detect and treat numerous pressure ulcers which developed during the decedent’s admissions.

Trusts and Estates

Estate Planning
Trusts

Bankruptcy

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