Summary judgement secured on behalf of firm client Lincoln Center for the Performing Arts

Managing Partner Alex Malino obtained a dismissal of a claim where plaintiff had failed to include the lawsuit in his bankruptcy filing. Alex represented Lincoln Center for the Performing Arts in a Labor Law case where the plaintiff sustained severe injuries. During the course of discovery, a background investigation found the plaintiff had previously filed Bankruptcy in the U.S. District Court for the District of New Jersey. As a result of this information, Mr. Malino obtained the bankruptcy docket and determined that the claim he was defending had not been reported during the bankruptcy proceedings.

Mr. Malino promptly moved for leave to serve an amended answer incorporating the affirmative defenses of lack of standing, lack of capacity to sue as well as judicial estoppel for the plaintiff failing to report this claim during the pendency of his bankruptcy. The plaintiff's bankruptcy was closed before the suit was filed some 14 days later.

Once it was known that the underlying general liability case was not reported to the bankruptcy court, there was no need to conduct all the discovery, saving our client and our carrier tens of thousands of dollars in legal and medical fees while dismissing the case. A thorough investigation, such as bankruptcies sweeps, is very important when handling these claims.

Barry McTiernan & Moore focuses close attention on key performance indicators such as the life cycle process, aggressive defense, and moving prior to discovery whenever possible.

BMM Attorneys Have Been Named to the 2022 Super Lawyers and Rising Stars Lists

BMM is pleased to announce that six of our New York and New Jersey-based attorneys have been named 2022 super lawyers and 2022 rising stars for their excellence in a range of practice areas. Only 5% of attorneys in New York receive this distinction, reserved for those who have attained a high-degree of peer recognition and professional achievement.

The following attorneys are listed for Super Lawyers 2022:

Suzanne M. Halbardier

Alex Malino

Paul McTiernan, Jr.

Claire Rush

Richard Wedinger

Super Lawyers Rising Stars recognizes the top up-and-coming attorneys in the state who are 40 years old or younger, or who have been practicing for 10 years or less. No more than 2.5 percent of total lawyers are selected for inclusion in the Rising Stars list.

The following attorneys are selected for Super Lawyers Rising stars 2022:

Patrick W. Kenny

Managing Partner, Alex Malino will be presenting at the 2022 CLM Alliance Annual Conference

Barry McTiernan & Moore’s Managing Partner, Alex Malino will be presenting at the CLM Alliance Annual Conference on the session titled “The Early Bird.....Avoids Excessively High Settlements, Nuclear Verdicts, and Extra-contractual Claims!” The CLM conference will take place from March 23rd to March 25th., 2022 in Palm Desert, CA.

Session Description – “The Early Bird...Avoids Excessively High Settlements, Nuclear Verdicts, and Extra-Contractual Claims”

Most substantial exposures can often be mitigated at various stages throughout the claims process with aggressive, flexible handling. Learn the importance of effective claims handling right out of the gate. Presenters will share techniques to avoid a failure to discover material information while forecasting the multiple directions a claim can proceed. Recognize factors that could potentially turn what appeared to be a moderate exposure into something far more serious. These techniques will also assist in those cases where the claim turns into a significant one. This diverse panel will address different kinds of alternative dispute resolution and other strategies to create workable solutions to mitigate exposure.

Managing Partner, Alex Malino Presenting at the 2021 CLM Annual Conference

Barry McTiernan & Moore’s Managing Partner, Alex Malino will present at the 2021 CLM Annual Conference that will be held in Atlanta from August 11-13th. Mr. Malino will be presenting on the topic: Judging what matters in today’s tri-part relationship using KPI’s, BI, and other emerging measures in litigation management.  Joining Mr. Malino will be Mr. John McGann, Esq., Head of Litigation and Vendor Management for AXA XL and Mr. James Martin, JD, Director, Major Case Unit with Gallagher Bassett.

 This session will focus on the existing and emerging tools used to measure success in litigation management.  It will focus on vendor management-based selection of law firms and the metrics involved in decided what, who and when to use certain Law Firms.  The session will also discuss the analysis of Corporate, Law Firm and Insurance Company business intelligence considerations when evaluating the efficiency and long-term relationship of the three.

Mr. Malino regularly advises and speaks to personal corporate clients on various topics, such as New York Labor Law, federal preemption, indemnity and insurance coverage issues. He has successfully completed the CLM Litigation Management Institute and is a Certified Litigation Management Professional (CLMP).

Prior to presenting, he will join other CLM members for a day of service with Hearts to Nourish Hope.  Hearts to Nourish Hope is a non-profit dedicated to advancing opportunities for youth and young adults aged 16 – 24. By providing vital resources and programs, the group enables students to reinforce life skills, confidence and education to improve circumstances. Students at Hearts to Nourish Hope learn what it means to work hard and strive to create a better life today and for years to come.

Alex Malino Named Managing Partner at Barry McTiernan and Moore

Barry McTiernan & Moore, a leading insurance litigation firm in the Tri-State area is pleased to announce that Alex Malino has been named the firm’s new managing partner. This new role took effect on January 1, 2021.

Malino has practiced law since 2001 and spent his career at Barry McTiernan and Moore, serving in various leadership roles, building client engagement and growing the firm’s roster of business.

With his long-term dedication to the firm, Malino had a goal to move the firm in the direction of a metric based approach to litigation and has spent the last year defining a strategic vision to best serve the organization’s future in new ways. The adoption of the plan will put BMM on a path to effectively mentor young talent, better serve clients and increase efficiencies and overall profitability.

After having the privilege in working with and learning from Suzanne Halbardier throughout his career, Malino and Halbardier will now be the key leaders in the company. “I’m thrilled to partner with Alex as we move forward in 2021.  With such a great firm history we are excited to build off that strong foundation and execute our goals to help grow the firm in the years to come,” said Halbardier.

Malino is a skilled litigator in all areas of personal injury litigation, product liability, construction defect, and toxic tort litigation. He has developed his practice with a focus on defending New York State Labor Law claims, including complex indemnity and insurance issues often associated with these cases.  He is graduate of  William Paterson University and New York Law School.  He is also a Certified Litigation Management Professional after completing the Litigation Management Institute hosted at Loyola University Chicago School of Law.

He regularly advises and speaks to personal corporate clients on various topics, such as New York Labor Law, federal preemption, indemnity and insurance coverage issues. He has also spoken at various conferences including being selected to speak at the upcoming Annual National Conference of the Claims & Litigation Management Alliance being held in Atlanta, Georgia.

As managing partner, Malino will continue to serve and oversee the day-to-day management across the Barry McTiernan and Moore collective.