MOODK’s Pittsburgh Office Secures a Dismissal in a Medical Malpractice Claim

Ashley Rodgers, Esq. and Jacob Holden, Esq. of MOODK’s Pittsburgh office were successful in obtaining an Entry of Judgment Non Pros for an anesthesiologist, related to a medical malpractice claim filed in Erie County. The anesthesiologist was acting as a temporary anesthesiologist at a hospital where Plaintiff was admitted to undergo a cesarean section. The temporary anesthesiologist provided anesthetic services during the procedure. Plaintiff filed a Writ of Summons two years after the procedure, naming the temporary anesthesiologist, the hospital and other physicians, however a Complaint was not filed. Counsel for the Plaintiff withdrew their appearance prior to the filing of a Complaint, and the Court stayed the proceedings for 60 days to allow Plaintiff to obtain other counsel or otherwise file a Complaint. At the expiration of the stay, attorneys Rodgers and Holden filed a motion for Entry of Judgment Non Pros. After Plaintiff failed to respond, the Court granted the motion, entered judgment for the defendants and dismissed the case with prejudice.

Third Circuit Affirms Dismissal of Medical Providers in Wrongful Death Action

Melissa Brown of MOODK’s New Jersey Office represented a medical entity and six medical and mental health providers in a wrongful death action arising from care and treatment of an inmate.  Plaintiff claimed that the medical negligence and deliberate indifference of defendant medical providers resulted in the decedent’s suicide.  Following years of discovery, Melissa was successful in obtaining summary judgment on behalf of all the medical entities and providers she represented. Thereafter, Plaintiff appealed the ruling of the United States District Court for the District of New Jersey to the Third Circuit.  Melissa briefed the matter before the Third Circuit outlining the appropriateness of the District Court’s ruling and the deficiencies in Plaintiff’s case.  The Third Circuit agreed and affirmed the dismissal.

MOODK’s NYC Office Secures a Dismissal in Legal Malpractice Claim

Karen M. Lager of MOODK’s New York City office secured dismissal of a complaint in its entirety which alleged legal malpractice and breach of fiduciary duty in New York State Supreme Court, New York County.  Hon. Lynn R. Kotler ruled in favor of attorney-defendants in an action brought by a former client in connection with an underlying business dispute and several ensuing underlying litigations.  The Court found that Plaintiff released the attorney-defendants from liability and failed to establish that the release should be set aside, and that plaintiff failed to plead the breach of fiduciary duty claim with the particularity required by the CPLR.  The Court also denied Plaintiff’s motion to amend the complaint on the ground that it was futile in light of the pleading deficiencies.  


Melissa Brown and Jonathan Stuckel of Marks, O’Neill’s New Jersey office obtained an early dismissal of all claims against a home inspector.  It was alleged that the negligent conduct of the home inspector resulted in the leak of an above ground storage tank causing an oil spill onto neighboring properties and contaminating Lake Hopatcong.  A Third Party Plaintiff alleged that the home inspector  committed professional negligence and was in violation of the Spill Act resulting in damages in excess of $414,000 for remediation.  MOODK Attorneys Brown and Stuckel argued that the negligence claims against the home inspector were too tenuous and that the Spill Act did not apply to a home inspector who performed a visual inspection of the above ground storage tank.  The Court agreed and dismissed all claims against with prejudice.


Melissa J. Brown and Amanda A. King of Marks, O’Neill, O’Brien, Doherty & Kelly, P.C.’s New Jersey office secured the dismissal of a lawsuit against a commercial landlord for bodily injuries.  The Plaintiff claimed liability on the part of the landlord for an alleged dangerous condition inside the premises.  Citing triple net provisions in the lease agreement, Attorneys Brown and King were successful in obtaining a dismissal of all claims with prejudice.