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May 14, 2019
NY Courts Finds ‘Outrageous’ ICE Conduct Revives Activist’s Removal Suit

By Michael H. Joseph

Attempts to deport Ragbir, a leader of New Sanctuary Coalition of New York City, have driven headlines since a high-profile confrontation with ICE officials at their office in Manhattan in March 2017.  The Second Circuit Court of Appels in Manhattan considered whether attempting to deport someone as retaliation for their advocacy, in this case, public speech about ICE tactics, was a vilation of the individual’s First Amendment Rights. The majority found the actions taken against immigration activist Ravidath Ragbir qualified for a special exception to review his constitutional claims against being deported. Immigration officials’ deportation actions taken toward an outspoken… Read More

May 14, 2019
NY Court of Appeals Set to Eye Alleged Withholding of Evidence in Murder Trial

By Michael H. Joseph

The New York Court of Appeals, the state’s highest court will hear arguments on whether a Brooklyn man convicted more than a decade ago of murdering a New Jersey college student, should be granted a new trial based on arguments that prosecutors withheld evidence. Our New York City malicious prosecution and police misconduct lawyers, know how unfair the criminal system can be to those accused of a crime and when prosecutors withhold evidence, that causes an injustice in an already flawed system. Attorneys for convicted man, have argued and continued to argue in a brief to the state Court of… Read More

May 4, 2019
New Law Allowing Reduction in Drug Sentences

By Michael H. Joseph

For years our New York City Criminal defense attorneys have known that the federal drug laws have draconian and excessive sentences. If a loved one is serving a long Federal sentence for a drug crime involving crack cocaine in New York, a new law may help get them out sooner. On April 22, 2019 a federal judge in Brooklyn became one of the first in the country on to use a new federal law to order the immediate release of a man who served more than a decade in prison for his role in a drug trafficking conspiracy. In this… Read More

April 27, 2019
Will New York soon have a Criminal Law Prohibiting Rough Sex

By Michael H. Joseph

New York State has pending that may prohibit rough activity during consensual sex. The law was  introduced in response to allegations of violent behavior of former New York Attorney General Eric Schneiderman toward women with whom he had sexual relationships that would make those actions eligible for criminal penalties and even jail. The bill would add a definition of criminal sexual harassment to the state’s penal code, which would define the charge as a class A misdemeanor punishable by up to nearly a year in jail. It was inspired by the alleged acts of AG Schneiderman, who was accused of… Read More

April 22, 2019
New York City promises to implement safety law after rash of construction worker deaths

By Michael H. Joseph

Our Midtown Manhattan construction accident  lawyers know all too well how seriously injured a worker can become as a result of an unsafe work site. The latest death is prompting politicians to accelerate the implementation of a construction safety law passed in 2017. On April 8, 2019 a Manhattan construction worker was killed after a crane counterweight fell on him around 3:15 a.m. at the site of 570 Broome Street. At least one other worker was injured in the accident and taken to hospital, according to the city’s Department of Buildings (DOB). Records show there were at least two complaints… Read More

April 22, 2019
Bus Crashes Into Bagel Store leaving passengers injured

By Michael H. Joseph

On April 7, 2019, a city bus crashed into a Woodside Queens bagel store early morning at around 5 am, hurting five people. The Q18 bus was traveling on 58th Street near Woodside Avenue in Sunnyside just after 5 a.m. when a Honda blew “the red light at a high rate of speed and struck the side of the bus,” which then barreled into Bagels Plus on the corner, according to the cops. The driver of the Honda reported that he was making a left turn when the bus struck him. Police say that the bus collided with a Honda,… Read More

April 13, 2019
What Can I Do If My Attorney Cheated Me or Stole my Money

By Michael H. Joseph

A lot of lawyers shy away from bringing lawsuits against their fellow attorneys, but our New York City commercial lawyers know that there is both good and bad in every profession, including our own. While mere dissatisfaction with the result isn’t. a reason to sue a Lawyer, where a lawyer has cheated or swindled their client or taken an unfair advantage of a client, the attorney shouldn’t be held accountable. A brief but non-exhaustive list of some common scenarios and remedies are as follows. Judiciary Law § 487 applies to situations where a lawyer engages in dishonesty and deceives a… Read More

April 6, 2019
Lawmakers to limit Civil Asset Forfeiture in NY Budget Proposal

By Michael H. Joseph

Contrary to the belief of most New York City Police officers it is not illegal to possess thousands of dolllars in cash and merely having cash does not mean that the person is engaged in criminal activity. Too often police have just taken the cash of innocent people and then those people who have had their money seized by the government have to jump through cumbersome hurdles to get their money back. Our New York City civil forfeiture Attorneys know that this is fundamentally unfair. To stop some of the abuses by law enforcement, there are three major proposals to… Read More

April 6, 2019
New York to Increase Minimum Insurance Limits for For-Hire Vehicles including Limousines

By Michael H. Joseph

Following the horrific tragedy involving a modified stretched limousine in Schoharie County in 2018, the New York State lawmakers committed to enacting essential safety reforms into law. Our  New York City car accident lawyers know all too well how tragic it can be when a careless limousine driver causes an accident with catastrophic injuries and the the limo is owned by a shell company that has minimal insurance limits which under present law is only $25,000. On March 30, 2019, the New York State Legislature released annual budget legislation for the upcoming fiscal year. As part of the final agreement,… Read More

March 23, 2019
Malpractice for over prescribing Opioids needs serious attention!

By Michael H. Joseph

Our New York City medical malpractice attorneys know all too well the damage that can be caused by over prescribing opoids. Opioids are commonly prescribed for pain. An estimated 20% of patients presenting to physician offices with noncancer pain symptoms or pain-related diagnoses (including acute and chronic pain) receive an opioid prescription. In 2012, health care providers wrote 259 million prescriptions for opioid pain medication, enough for every adult in the United States to have a bottle of pills. Opioid prescriptions per capita increased 7.3% from 2007 to 2012, with opioid prescribing rates increasing more for family practice, general practice,… Read More

 
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