Plaintiff and her husband filed suit against a home health care provider after she fell during her in-home physical therapy treatment session following hip surgery.  Later, the home health care provider joined the medical staffing company involved.

Although Plaintiffs initiated the lawsuit by filing a Certificate of Merit, no expert reports were ever submitted.  On behalf of the medical staffing company, MOODK filed a motion for Summary Judgment seeking dismissal of Plaintiffs’ claims for failing to submit expert reports regarding a deviation of the professionally accepted standard of care and causation of injuries.  Plaintiffs argued that the matter did not require an expert report.  The Court disagreed holding that Plaintiffs’ allegations amounted to professional negligence claims requiring expert support.  Having failed to submit an expert report, Defendants’ motion for Summary Judgment was granted.

MOODK proudly presented Women in Leadership: Inspiring a Generation of Emerging Leaders

MOODK proudly presented Women in Leadership: Inspiring a Generation of Emerging Leaders.  Through our virtual symposium, we hosted over 200 women for a discussion of entrepreneurship and impact across our industry.  We partnered with trailblazers in the industry who empowered our attendees by sharing authentic and insightful advice on women in leadership, authenticity and being one’s best self.  We remain committed to promoting a diverse and inclusive culture for our colleagues and business partners.

MOODK NJ Partner Honored by Temple Beth Sholom for Community Service

On June 1, 2021, Melissa Brown, a partner in our New Jersey Office, was honored by Temple Beth Sholom (“TBS”) for her volunteer work and service to the community.  Melissa serves as the Chair of the Life Long Learning Committee and a member of the Board of Directors at TBS.   Since March of 2020, Melissa has worked closely with the Director of Congregational Learning to imagine educational programming for the synagogue’s three schools to allow for continuity of education during COVID.  Melissa spearheaded taskforces for the early childhood center, the religious school and the high school working closely with the schools’ faculty and parents to implement remote learning.  During that time, the beloved Director of the Eric B. Jacobs Early Childhood Education Center advised that she would be retiring.  Through Winter and Spring of 2021, Melissa Chaired the Search Committee for the new Director.  We join TBS is congratulating Melissa on her community service.


James M. Skelly and Robert E. Fein of Marks O’Neill’s Westchester, New York office obtained a directed verdict regarding Plaintiff’s wrongful death claim and a defense verdict regarding Plaintiff’s chiropractic malpractice claim at an arbitration proceeding on behalf of a New York-licensed chiropractor.  The decedent’s estate alleged that Plaintiff’s Decedent suffered a debilitating stroke in a chiropractor’s office following a cervical adjustment and that Plaintiff’s Decedent subsequently died from his alleged injuries.

Attorney Skelly presented a persuasive and powerful multi-tiered defense calling board-certified experts in chiropractic, neurosurgery and neuroradiology on behalf of the defense.  Attorney Skelly successfully established that Plaintiff’s Decedent’s left vertebral artery dissection and infarcts predated his chiropractic care, and that Plaintiff failed to connect Plaintiff’s Decedent’s injuries to the alleged chiropractic malpractice.  Attorneys Skelly and Fein obtained a directed verdict on the wrongful death claim establishing the Plaintiff had not made out a prima facie case on causation.  In dismissing the case outright, the arbiter held that the alleged chiropractic malpractice was not a substantial factor in causing the decedent’s personal injuries.

MOODK Participates in Women’s History Month

In honor of Women’s History Month, the Diversity & Inclusion Committee of Marks, O’Neill, O’Brien, Doherty & Kelly, P.C. organized a monetary donation collection from the New York and Tarrytown offices for Bottomless Closet, a non-profit organization that empowers New York City women in need to enter the work force, by offering clothing, accessories, resume assistance and interview preparation.