Partner Alex Malino will be a Panelist at CLM Alliance Annual Conference

CLM Alliance (Claims and Litigation Management Alliance) Annual Conference – April 4th – 11:45 am – 12:45 pm.

You'll find Partner, Alex Malino from our Barry McTiernan & Moore LLC team in San Francisco this April unleashing claims and litigation management insights at the CLM Alliance (Claims and Litigation Management Alliance) Annual Conference. Join him at this session: “Just Because You Demand the Limit, DOESN'T Mean We Have to Pay!”

This engaging roundtable will focus on how to protect the interests of the insured and the carrier when a plaintiff’s attorney presents the carrier with a policy/time limit demand.

Alex Malino (Partner, Barry McTiernan & Moore LLC)
Julie Beaumont, AIC (General Manager Claims, Acuity Insurance)
Jaion Chung (Partner, Kahana Feld, LLP)
Dawn J. Krigstin (CEO, Envoy Specialty - Boutique Claims Services Provider, LLC)
Bharat Varadachari (Attorney, HeplerBroom LLC)

BMM Sponsors Saint Dominic’s Family Services

Once again, Barry McTiernan & Moore LLC is a proud sponsor of the 43rd Annual Friends of Saint Dominic’s event benefiting Saint Dominic's Family Services! Their mission is to empower children, adults, and families facing challenges to thrive in their communities by addressing their needs with compassion, dignity, and care. 

The event was hosted by the Archbishop of New York, Timothy Michael Cardinal Dolan. The event chairman, Eugene Peter White, Executive Vice President, Client Relations for STO Building Group has been a longtime supporter and client of the firm. The event brings together those active in the NY construction community to raise funds for this great cause. We are always proud and honored to sponsor such a wonderful event and partner with our long-standing client who continues to do great things in our community.

Brendan Moynihan, Vice President of Claims for STO Building Group along with BMM Attorneys Alex Malino, William Joyce, Daniel Voronin, Esq., and Edoardo Maffia attended the organization's annual networking event where $1.2 million was raised!

Managing Partner Alex Malino Obtained Dismissal in Snow and Ice Case.

Managing Partner Alex Malino obtained a dismissal in a snow and ice “storm in progress” case where the plaintiff alleged severe personal injuries when he fell on ice at the smelting facility of one of the firm’s clients. The plaintiff, a trucker, had arrived early for a delivery to our client’s facility.  Slightly after sunset, the plaintiff exited his vehicle and slipped and fell on an icy condition causing severe personal injuries and fractures.  The case presented significant exposure given a lien in the mid-six figures.

During the deposition, Alex questioned the plaintiff, who admitted there was a black ice condition present, which by its definition, cannot serve as notice of a dangerous condition. Aiding the defense was an expert meteorologist who evaluated all weather conditions through an affidavit with accompanying certified meteorological reports to conclude the weather had changed minutes before the sun had set and any potential freezing just occurred.  As such, the ‘storm in progress’ rule was argued which holds a landowner is not liable for any icy condition until an adequate period of time has passed following the cessation of the storm, giving the owner the opportunity to ameliorate the hazards. Additionally, the plaintiff’s meteorologist affidavit could not raise a triable issue of fact, as it didn’t identify with specificity or detail what records were relied upon to draw his conclusions.

 The court agreed with our arguments and dismissed the plaintiff’s complaint in its entirety.  We take pride in working with our clients on identifying resolution strategies early on and pursuing them aggressively using the best experts and technology available.

Associate Samantha Perlowitz and Managing Partner Alex Malino Achieve Rare Case Dismissal for Tenant and General Contractor in NY State Labor Law Claim.

Associate Samantha Perlowitz obtained a tremendous result for BMM clients, in a labor law case where we represented a top 40 Corporation in the US as a tenant as well as the general contractor for the construction project. The plaintiff alleged severe personal injuries and violations of NY Labor Law Sections 200, 240, and 241(6) when he was caused to be injured when a ladder fell, striking him in the head and upper torso and causing neurological injuries as well as personal injuries to his head and shoulders. The owners also sought indemnification against our clients. Working with partner Alex Malino, Samantha successfully argued that given the plaintiff was an employee of a subcontractor, the requisite control or notice did not exist for liability under Labor Law 200 against our clients.  Samantha successfully argued plaintiff’s claim was not covered under the ambit of Labor Law 240 as the plaintiff did not fall from a height nor did anything fall from a height onto the plaintiff which should have been secured.  Finally, the argument was made that the 241(6) claims weren’t properly pleaded as the plaintiff only alleged a violation of industrial code 23-1.21 which dealt with ladders and ladderways. Samantha argued the plaintiff was not using a ladder at the time and as such this industrial code was not applicable.

The court agreed with all of Samantha’s arguments and dismissed the plaintiff’s complaint in its entirety while also dismissing the owner’s indemnification claims as academic. This was aggressive lawyering in a case where the plaintiff wanted a significant six-figure settlement and thought this was a 240 case.  Knowledge of the law and its application is something we pride ourselves on at BMM.   

Congratulations to BMM’s 2023 Super Lawyers and Rising Stars.

Barry McTiernan and Moore is excited to congratulate 7 of our lawyers who were recognized as 2023 Super Lawyers and Rising Stars!

BMM’s 2023 Super Lawyers are, Executive Partner, Suzanne Halbardier was selected for her fourteenth consecutive year for Environmental defense. Managing Partner, Alex Malino was selected for his second consecutive year in Constructional Litigation defense. Partner, Claire Rush was selected for her eleventh consecutive year for Personal Injury defense. Of Counsel, Roger "Paul" McTiernan Jr. was selected for his tenth consecutive year for Construction Litigation defense. Of Counsel, Richard Wedinger was selected for his tenth consecutive year for Civil Litigation defense.

We are also excited to announce BMM’s 2023 Rising Stars! Senior Associate, Ryan Rayder was selected for his first year for Personal Injury defense, and Associate, Edoardo Maffia was also selected for his first year for Civil Litigation defense.

Barry McTiernan and Moore’s dedicated and award-winning attorneys truly make us unique as a firm and well-known to the Tri-state legal community. They continue to show their enthusiasm, great work ethic, and individuality on a daily basis which puts BMM on the path to legal success.

Barry McTiernan & Moore Obtains Pre–Discovery Dismissal, Twice

Managing Partner Alex Malino of Barry McTiernan & Moore represented a staffing company that was first sued in an action where the plaintiff claimed severe injuries to the back, hands, shoulders, and spine. Plaintiff asserted claims under New York Labor Law against the owner and general contractor, then the owner sued our client based on contractual and common law indemnity claims.

Initially brought in as a third-party defendant, BMM was able to effectively convince the third-party plaintiff that our client had no contractual privity, owed no contractual indemnity, and could not be sued as we were the plaintiff's employer in accordance with Section 11 of the Workers Compensation Law. As a result, pre-discovery, the third-party plaintiff agreed to discontinue with prejudice.

Nearly a year later, BMM’s client was brought in as a fifth party defendant when the party we were contracted with claimed we owed them contractual indemnification. In the fifth third-party lawsuit, the plaintiffs were operating under the wrong contract. Discovery was provided to the 5th party plaintiff in advance of serving an answer and we succeeded in persuading them that our proofs were accurate and true. Thus, BMM received the second stipulation of discontinuance on the case, the client remained dismissed with zero indemnity and a nominal legal spend.

The case illustrates how collaboration with the insured and the insurance company can lead to quick, pre-discovery, resulting in cost efficiency for all parties. Due to the fact that BMM was able to present the necessary evidence to counsel early and efficiently to get out of the case twice before further discovery was required, no indemnity was spent, and the legal spend was significantly below budget.

Barry McTiernan & Moore’s metric-based approach to litigation differentiates from other firms that churn through files. Our team is always seeking opportunities for a loss transfer or an opening out of a case pre-discovery and pre-legal spend. By following this strategy, Barry McTiernan & Moore’s clients and insurance partners are very pleased, with their loss runs remaining low. The firm’s commitment to providing strategic and efficient legal representation benefits all parties involved.