- March 8, 2018Appellate Division First Department Weighs in on Spoliation Sanctions Against Defendants
Appellate Division First Department
- August 2017On the Edge: New York County Asbestos Litigation at a Tipping Point
U.S. Chamber Institute for Legal Reform
This paper explains the history and current state of NYCAL, including descriptions of the jurisdiction itself, the First CMO, the CMO revision process, and the Revised CMO.
- July 18, 2017NY Judge Rejects Delay in Implementation of New Asbestos Docket Rules
New York Law Journal
- July 15, 2017The Greater New York Paralegal Association
Rosanne Romano, Paralegal at Malaby, is a member and the Director of Publications of The Greater New York Paralegal Association. This newly formed non-profit organization has been a NY affiliate of the National Association of Legal Assistants (NALA) since 2016.
- July 12, 2017Announcement of the appointment of Judge Lucy Billings as the new NYCAL Coordinating Judge
It was announced that Justice Lucy Billings has been appointed as the New York City Asbestos Litigation (NYCAL) Coordinating Judge. The appointment is effective August 1, 2017.
- July 7, 2017Complex Litigation Scotus Speaks on ‘Specific’ Jurisdiction
New York Law Journal
On June 19, the U.S. Supreme Court issued its 8-1 decision in Bristol-Myers Squibb Co. v. Superior Court of California (No. 16-466, June 19, 2017) (BMS).
- July 2017The Importance of Jurisdictional Defenses for the Corporate Defendant Following Recent US Supreme Court Rulings
Jurisdictional defenses, once largely dormant due to sprawling “minimum contacts” standards have now been effectively revived and empowered. Recent decisions by the United States Supreme Court have significantly narrowed where an out-of-state defendant is subject to suit. As a result, motions based upon a lack of jurisdiction in the corporate context can now be powerful tools in obtaining dismissals for the out-of-state defendant and should be routinely considered as an integral part of the defense attorney’s arsenal when defending corporate clients.
- June 26, 2017Judges Speak Out Behind Closed Doors
Legal Writing Pro
by Ross Guberman
To help lawyers write better briefs, Ross Guberman recently surveyed thousands of judges, ranging from state trial-court judges to U.S. Supreme Court justices. Their anonymous responses showed surprising candor and consistency.
- June 21, 2017New Asbestos Court Rules May Draw Challenges From Defense, Plaintiff Bars
By Andrew Denney, New York Law Journal
New York City Asbestos Litigation Changes.
- June 14, 2016Malaby Firm Obtains Defense Verdict
We are pleased to announce, after a seven (7) week trial in New York City, our office was able to secure a full defense verdict on behalf of a residential boiler company, an extraordinarily rare, and significant outcome.
- June 10, 20165 Questions to Ask Before Taking a Deposition
Lawyerist.comby Evan Schaeffer
Reduce litigation costs by taking fewer depositions.
- May 2016University of Pittsburg Medical Center to pay $1.35 million in lawsuit over fatal mold infection
- April 23, 2016Moldy Classroom Lawsuit Nets Teacher $1.8M
Teacher Mary Alsina was convinced that her school’s leaky roof and moldy ceiling were a health hazard. She may have been right.
- November 25, 2015Richard Mendlehson and firm casework cited in New York Law Journal Article "Court Approval Needed to Tape Exams"