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Best Lawyers, the country’s original and most well-respected lawyer-rating directory, will honor the extraordinary accomplishments of Angelo G. Faraci, founding partner of Faraci Lange, LLP, in Rochester, New York, during its 25th Anniversary Event in Atlanta, Georgia, in April 2009. The Event will be celebrating the distinguished careers of the lawyers who have been listed in the publication since it began rating lawyers in 1983. More…

On March 4, 2009, the Supreme Court decided a case that has profound implications regarding the rights of consumers to sue prescription drug manufacturers for failing to properly warn of dangers of prescription drugs. In Wyeth v. Levine, ___ U.S. ___, 2009 U.S. LEXIS 1774 (U.S. Mar. 4, 2009) the Supreme Court ruled 6-3 that FDA approval of a prescription drug warning label does not always pre-empt state tort suits regarding the adequacy of such warnings. The decision comes as somewhat of a surprise because just last year, in Riegel v. Medtronic, 552 U.S. ___ (2008), the Supreme Court ruled 8-1 that FDA pre-market approval of Class III medical devices pre-empts state law negligence claims that challenge the safety or effectiveness of FDA-approved devices. The difference in outcome between Wyeth and Riegel is explained by an understanding of the different ways that Congressional actions can pre-empt state law. More…

Back in September of 2008, we posted an article about Kash v. Jewish Home & Infirmary of Rochester, a case scheduled to be heard by the Appellate Division, Fourth Department in its upcoming term. The appeal was argued in December and was recently decided by a 3-2 majority of the justices in favor of victims of neglect or abuse in nursing homes. The Appellate Division held that a nursing home resident injured due to the negligence of the staff could bring a medical malpractice claim against the nursing home together with a claim under New York Public Health Law §2801-d. See Kash v. Jewish Home & Infirmary of Rochester, N.Y., Inc., 2009 NY Slip Op 1041, 2009 N.Y. App. Div. LEXIS 1065 (4th Dept. 2009). (For more infromation about §2801-d, read the September 19, 2008 posting). More…

As the economic downturn worsens, many people will likely be looking for new ways to cut corners in every facet of their lives to try to make ends meet. One of the areas already being impacted is automobile liability insurance coverage. This is the insurance that covers you when you are in an auto accident and are injured because of the fault of another driver. In some states like California and Arizona, as many as 20% of drivers have no insurance at all. In New York, the estimated percentage of drivers without insurance is lower – estimates range from 3 to 8%. We can expect that number to grow as those affected by the economic downturn opt to pay rent or buy food rather than pay their automobile insurance premiums.

New York Drivers Need to Protect Themselves By Making Sure They Have Enough “SUM Coverage”

Even before the latest economic crisis began, drivers in New York could choose to register a motor vehicle and buy only the minimum $25,000 of liability coverage required by law. In fact, for people who have had multiple accidents, $25,000 is frequently all the liability insurance a company will sell to them. These people are in what the insurance companies refer to as the “high risk pool.” Not coincidentally, the people who cause the most accidents and injure the most people on the road are well-represented in this high risk group. More…

A central principle that governs pre-trial investigation or discovery in civil litigation is that much of it can be done informally through private interviews rather than through the formal discovery practices outlined in Article 31 of New York’s Civil Practice Law and Rules. In fact, the New York Court of Appeals, in a case called Nieseg v. Team I, 76 NY2d 363 (1990), expressed the public policy preference that such informal discovery be available to all litigants: 

Costly formal depositions that may deter litigants with limited resources, or even somewhat less formal and costly interviews attended by adversary counsel, are no substitute for such off-the-record private efforts to learn and assemble, rather than perpetuate, information. More…

Section 3420 of the New York Insurance Law, which sets forth requirements for liability insurance policies issued in New York State, was amended recently in two important ways that will help injury victims. Liability insurance policies, including automobile and homeowner’s insurance policies, typically require that the negligent party inform his or her insurance company of any possible claims within a particular period of time. These notice provisions are designed to ensure that the company has an opportunity to investigate claims right away, while witnesses can still be located and evidence has not been lost or destroyed. More…

The United Way of Greater Rochester presented the Award of Excellence to Faraci Lange, LLP and its employees for their significant investments in the 2008 United Way campaign. The amount they raised during the 2008 campaign constituted a 10% increase over the prior year. Faraci Lange’s investment in the Greater Rochester area community will be used to help enrich the lives of those in need. Programs and agencies ranging from youth related programs to senior support will aid thousands of individuals throughout the year thanks to their generosity.

John A. Falk has been listed in the Best Lawyers in America Directory for 2009. He joins, Angelo G. Faraci, Paul K. Lange, Stephen G. Schwarz, Brian M. Zorn, Matthew F. Belanger and Joseph A. Regan of Faraci Lange in this prestigious directory, which is the oldest and most respected peer-reviewed publication in the legal profession. Angelo Faraci has been listed for the past 25 years and Brian Zorn and Stephen Schwarz have been listed for more than ten years each. More…

On September 27, 2008 Faraci Lange partner Brian M. Zorn was inducted into the American College of Trial Lawyers at the organization’s annual meeting in Toronto, Ontario. Brian joins his partners Angelo G. Faraci and Stephen G. Schwarz as Fellows in the College. Also at the College’s annual meeting was United States Supreme Court Justice Samuel A. Alito, Jr., who was inducted as an Honorary Fellow of the College, joining all of the other justices of the United States Supreme Court and judges of Canada’s highest court. In addition, at the meeting Chief Judge of the New York Court of Appeals, Judith S. Kaye, already a Fellow in the College, received the Samuel E. Gates Award for her outstanding contributions to the profession during her long and distinguished judicial career. More…