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.