Jennifer Cheong Successfully Obtained Dismissal for Commercial Client

Associate Jennifer Cheong successfully obtained summary judgment on behalf of BMM client, a commercial tenant with dismissal against the plaintiff, a convenience grocery store in West New York, NJ. The suit was filed by two longtime residential tenants alleging severe personal injuries and property damages due to a catastrophic fire at the four-story building. While it was alleged that the fire originated in our client’s store, the official investigation deemed the cause and origin of the fire as “undetermined.” At the close of discovery, Ms. Cheong moved for summary judgment arguing the plaintiffs failed to establish their case; specifically, they failed to show that our client was negligent or that the plaintiff could rely upon doctrine of res ipsa loquitur. After reviewing the motions and hearing oral argument, the court dismissed the complaint in favor of our client. This successful result prior to trial garnered a positive outcome for our client.

Partner, Patrick Kenny Achieves Excellent Result For Owner and Landlord Who Risked Personal Exposure

Partner, Patrick W. Kenny, obtained a dismissal of plaintiff’s complaint and contractual indemnification from co-defendant tenants in an alleged trip and fall action in Kings County (Brooklyn), a difficult jurisdiction for defendants. Plaintiff alleged that he tripped and fell due to a defective condition located on the border of a sidewalk and parking lot. He sustained a fractured ankle which required surgery and also underwent surgery on his lower back.

BMM represented the owner and landlord of the premises, and filed an appearance despite the client being in default for almost two years. After addressing the default and filing an appearance, Patrick pursued discovery expeditiously despite delays caused by the pandemic. Once he completed discovery, Patrick filed a motion for summary judgment which the Court permitted despite the earlier delays and untimeliness of the motion. Patrick argued that plaintiff had failed to identify the cause of his fall and therefore could not prove proximate cause as a matter of law. In addition, Patrick argued that the leases required the tenants to indemnify the owner-landlord. The court agreed and dismissed plaintiff’s complaint against the owner, and also awarded indemnity in the owner’s favor from both tenants.

Through his aggressive work on this case, Patrick was able to achieve an excellent result for the client who risked personal exposure given the earlier default. By careful analysis of the facts and contracts, as well as strategic motion practice, Patrick was able to turn a problem file into a victory.

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.

Dismissal Obtained for Client in Asbestos-Related Cancer Case

(New York, NY)- BMM Of Counsel, Jason Riemer, and Executive Partner, Suzanne Halbardier obtained a dismissal for a client after filing a motion for summary judgment.  After reviewing the motion filed by the firm, plaintiff’s counsel conceded they would not succeed and agreed to a dismissal.

Plaintiff alleged that he was exposed to asbestos at a powerhouse where he performed repairs.  He alleged exposure to equipment at the facility because of others working in his presence.  While he claimed that our client had equipment present at the site, the firm conducted extensive research from publicly available records to demonstrate that we did not sell or ship equipment to plaintiff’s worksite.  The client also submitted proof that it did not ship any equipment to plaintiff’s worksite. 

After submitting the motion, we were contacted by plaintiff’s counsel.  Having reviewed the documents submitted in support of our motion, counsel acknowledged that we would likely succeed at summary judgment.  A dismissal was signed in our client’s favor, thus avoiding a lengthy and costly trial.

NY Legislators to Consider Significant Expansion of Wrongful Death Statutes

Written by Patricia Sullivan

Bills seeking to amend and expand New York’s Estates, Powers and Trusts Law (E.P.T.L.) have been introduced in the Senate and Assembly with significant proposed changes as to the wrongful death statute of limitations, the nature of the awards, and those eligible to bring the actions.

If passed, the time period within which to commence the litigation would be enlarged from the current two-year statute of limitations to a period of three and one-half years after the date of death. The change is said to be aimed to bring wrongful death actions in line with New York’s three-year personal injury statute of limitations, with an extra six months added to reflect the time needed for Surrogate’s Court to approve an estate representative with standing to commence the action.

In terms of damages, they would no longer be limited to pecuniary losses. In addition to compensation for items such as funeral expenses and medical care costs, the proposals now include, as compensable items, “grief or anguish caused by the decedent’s death, and for any disorder caused by such grief or anguish,” as well as awards for the loss of “love, society, protection, comfort, companionship, and consortium,” and for the loss of “nurture, guidance, counsel, advice, training, and education” resulting from decedent’s death.

Those entitled to damages would no longer be solely one’s distributees, or decedent’s parents in certain circumstances, as the class of those entitled to bring wrongful death actions would now be specifically broadened to include “surviving close family members, which may include but are not limited to, spouse or domestic partner, issue, parents, grandparents, step-parents and siblings.” The sufficiency of the degree of “closeness” of the relationship is to be determined by the finder of fact.

The proposed amendments address E.P.T.L. Sections 5-4.1, 5-4.3, 5-4.4 and 5-4.6. The language reads that the Act shall “take effect immediately, and shall apply to all pending actions, and actions commenced on or after such date.”

The bills are being termed the “Grieving Families Act,” as proponents claim New York’s wrongful death laws, initially enacted in the mid 1800’s, perpetuate racial, gender and class disparities. While a provision may be in order reflecting the various family relationships which are now commonplace, there is no reason to disturb the prior wrongful death statute of limitations or to create such a vast expansion of types of claimed damages.

Notably, there is no proposed inclusion of a reconsideration of New York’s 9% interest rate on wrongful death verdicts, interest which runs from date of death per CPLR 5004, although that figure may be considered outdated, as it does not reflect current rates or offer ranges, as in other jurisdictions.

The proposed legislation would significantly increase the awards for verdicts in cases involving those with limited economic losses, including those involving the elderly, children, or persons with limited income. Such changes well may raise the cost of doing business in the State of New York.

Similar amendments have been attempted and failed in prior years. Now however we are coming out of a difficult year, filled with losses in many families. Emotions still are running very high. Particularly in light of the February 2021 Court of Appeals decision in Greene v. Esplanade Venture Partnership 2021 NY Slip Op 01092, where the zone of danger rule was expanded to include a grandparent-plaintiff (who was in close proximity to the decedent-grandchild,) such that grandparents are now deemed to be part of one’s “immediate family,” and where there is colloquy in favor of expanding damages for emotional damages, the proposed amendments should be taken seriously.

If anyone should wish to comment upon the bills, please note they are referred to as A-6770 and S-74-A and are still in the respective committees. They are to be considered in the 2021-2022 Legislative Session, so you may wish to find your senator and/or assemblyperson and express your views now.

Defense Association Of New York (“Dany”) Releases Ratings for The Judicial Vacancy on The New York State Court of Appeals

The Defense Association of New York (“DANY”), today released its ratings of the seven nominees recommended by the New York State Commission on Judicial Nominations to fill the Associate Justice seat on the New York State Court of Appeals that was vacated by the untimely passing of the Hon. Paul G. Feinman.

DANY’s 9-person Judicial Screening Committee was chaired by Barry McTiernan and Moore partner Claire F. Rush, current Vice President of the Defense Association of New York. Patrick W. Kenny, a partner at Barry Mc Tiernan and Moore and member of The Board of Directors of the Defense Association of New York also served on the panel. Other committee members included Glenn Kaminska of Ahmuty, Demers and McManus; Tom Liptak of Kenny Shelton Liptak Nowak; James Feretic, of Hannum Feretic Prendergast & Merlino, LLC; Andrew Zajac of McGaw, Alventosa & Zajac; Steven Dyki, Esq., Assistant Vice President of Litigation at Berkshire Hathaway Guard Insurance Companies; James M. Begley, Esq., recently retired Deputy General counsel for The Port Authority of New York and New Jersey; Orla Thompson of Cozen O’Connor; and Patrick Butler of Maroney O’Connor LLP.

The Committee rated the candidates after an extensive screening and interviewing process as follows:

HIGHLY QUALIFIED 

Hon. Anthony Cannataro – Administrative Judge of the Civil Court of the City of New York, and a Justice of the New York State Supreme Court, New York County.

Hon. Erin M. Peradotto, – Associate Justice, Appellate Division Fourth Judicial Department of the Supreme Court of the State of New York

Hon. Troy Karen Webber – Associate Justice, Appellate Division First Judicial Department of the Supreme Court of the State of New York

QUALIFIED

Michael S. Bosworth – Partner Latham & Watkins

Hon. Denise A. Hartman – Acting Justice of the Supreme Court, Albany County

Hon. Judith J. Gische – Associate Justice, Appellate Division First Judicial Department of the Supreme Court of the State of New York

Caitlin J. Halligan – Partner- Selendy & Gay

NJ Appellate Court Vacates $117 Million Talc Verdict Against J&J and Imerys

Johnson & Johnson (“J&J”) and its talc supplier, Imerys, obtained an enormous victory on Wednesday when a New Jersey appeals court reversed a $117 million verdict, arising from allegations that Stephen Lanzo’s mesothelioma resulted from the use of “asbestos-contaminated” baby powder. The appellate court ruled plaintiff’s expert testimony that non-asbestiform minerals could cause mesothelioma was inadmissible, warranting a new trial.

In its 70-page decision, the appellate court concluded that Judge Ana C. Viscomi erred in failing to apply the well-established judicial gatekeeping procedures, recently reinforced by the Supreme Court in In re Accutane Litigation (Accutane), 234 N.J. 340, 388 (2018). Specifically, the appeals court held both expert opinions failed to:

(1) acknowledge the contrary opinions of scientists and government agencies;

(2) provide evidentiary support for their opinion that non-asbestiform minerals can cause mesothelioma; and

(3) produce evidence that their theory that non-asbestiform minerals are harmful had been subject to peer-review and publication or was generally accepted in the scientific community.

J&J has long asserted that plaintiffs’ allegations in talc-based mesothelioma and ovarian cancer claims rely solely on “junk science” to prove causation. The appellate court’s decision is undoubtedly a major loss for plaintiffs as talc litigation continues to increase nationwide. While plaintiff attorneys have strategically been assimilating cosmetic talc claims within the purview of asbestos litigation, causation remains one of the most critical and contested issues. The impact of this decision will require plaintiff attorneys to develop “expert studies” proving a causal connection exists between non-asbestiform minerals and mesothelioma.

Barry McTiernan & Moore LLC Attorneys Recognized As 2021 Super Lawyers and Rising Stars

Barry McTiernan & Moore LLC is excited to announce six of our New York and New Jersey-based attorneys have been named 2021 Super Lawyers or 2021 Rising Stars across a wide range of practice areas.

The following attorneys were selected for Super Lawyers 2021 inclusion:

Suzanne M. Halbardier

Paul McTiernan, Jr.

Claire Rush

Richard Wedinger

Super Lawyers, part of Thompson Reuters is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates, and peer reviews by practice area. No more than five percent of total lawyers in a state are selected for inclusion in Super Lawyers.

The following attorneys were selected for Super Lawyers Rising stars 2021 inclusion:

Patrick W. Kenny

Cara E. Manz

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.

Successful Early Case Dismissal

Associate attorney Ryan Rayder successfully obtained an early dismissal on behalf of a landowner defendant. Plaintiff slipped and fell on a sidewalk and filed suit in Richmond County. However, he repeatedly failed to appear for his 50h hearing and a deposition despite the statutory requirement and numerous court orders requiring the plaintiff to appear. Plaintiff was alleging serious injuries, including a fractured fibula and cervical and lumbar radiculopathy. Rather than letting the plaintiff delay the case, Mr. Rayder aggressively pursued discovery and created a strong record to support the dismissal. It was through perseverance that the Court concluded that the plaintiff’s claim should be dismissed with prejudice.

Women’s Celebration – Things You Didn’t Know About Being a Female in Law

Barry McTiernan & Moore’s top female lawyers conducted a roundtable discussion as part of recognizing women’s history month and share their advice to young women.

The progression of female lawyers through the ranks continuously remains a topic among law firms across the country as a vast majority of the top firms still lag behind on gender balance within their partnerships.

At Barry McTiernan & Moore, our distinguished female trailblazers joined a Zoom conference and shared their journey as well as advice they wished to give to the junior women making their way in the legal industry.

Challenging misconceptions

Claire Rush:

I went to law school because I didn’t want to be a secretary. I grew up in a small town where there was this conception that women were to be either a teacher, nurse, or homemaker and I didn’t want to do that. I was literally told that because I wanted to be a lawyer something was wrong with me. I acknowledge that some female lawyers, may not want to progress through to partner ranks and may self-select out, but I hope there is no longer any doubt about a woman’s ability to progress, but uplift the women who want to.”

 Suzanne Halbardier:

“In the beginning of my career – I was questioned – I had clients that didn’t want to work with me because they thought I wasn’t able to handle depositions or the male Judges and lawyers in the room would try to undermine me. Therefore, we have to work ten times harder because we have to anticipate every scenario. I find it astounding that there could still be any misconceptions about a woman’s ability to progress in the legal industry.”

Shawnette Fluitt:

“It means a great deal to me to be counted in the number of female attorneys especially as a partner at Barry McTiernan & Moore. I hope that it shows other young women that they too can achieve their goals.  I did not come from a wealthy family. I am proud of my achievements and if I can inspire even one young woman then I consider myself truly successful. We as woman,  first must contend with those that think that we are not as intelligent as our male counterparts.  Then we must contend with stereotypes of being too sensitive or emotional.  Men are paid more in this industry and are often recognized more for their work. If you add being a woman of color, that adds yet another layer that women have to get through to be successful.”

 Cara Manz:

“I started working in the legal field as a legal secretary as I was finishing my college degree. I worked at a firm with all male partners and associates with the exception of one female attorney who was the wife of a male partner. The dynamic of that office made it seem as if that were the norm and at that time, I was young and didn’t know any better. The men had nice big offices, went to fancy lunches, and went to court while the women typed and wrote letters. There were no women in leadership roles of any type. For the first time, I saw some equality in the staffing at the prosecutor’s office which was largely female. While the bench at that time was overwhelmingly male, watching those female prosecutors handle their cases and win, it became clear to me that the practice of law didn’t have to be an all-boys club. I worked for a criminal defense firm as an associate at the time it was very challenging as I often dealt with violent criminals, persons accused of violence against women, and crimes against children. Going to prisons to speak with clients and going into the cells in the various courthouses was also difficult and challenging as a female. The sexual harassment was rampant, the inmates showed no respect for any females, attorney and corrections officers included and it was often frightening. I don’t regret any of my prior experiences as it only made me stronger and forced me out of my comfort zone. It gave me confidence and a voice, and made me unafraid to use it. When I started at Barry McTiernan in 2013, I had no experience in civil litigation. However, with the support and guidance of the more senior female attorneys at the firm who I can now call friends, I learned and persevered. I worked hard and often handled matters outside of my comfort zone which only made me stronger and more confident. I was honest and played fair and after seven years, the firm asked me to join as a partner. It has been a high point of my career and I could not be more honored or proud to join the ranks.  I only hope that I can offer the same support and guidance to younger/newer female attorneys that helped me to get where I am today.”

 Don’t be cutthroat, but be confident

Cara Manz:

“What works is relationships. Also having respect for everyone you interact with.  But when you’re in a deposition, for example, and there’s an objection, there may be some back and forth over the base for the objection. If it’s a male attorney making the objection, they’re, free to speak their piece – and maybe it’s more of a microaggression I just feel as a woman, you have to walk that line when you’re aggressive, but you’re not too aggressive.  There is no issue with being clear about what you want to achieve and having convictions. Cutthroat is a dying approach. Being true to the right values will beat cutthroat every day.”

 Patricia Sullivan:

“You need to have the confidence to back yourself and feel secure enough in your own abilities to open yourself up and learn from others. If someone does something that really impresses you, tell them and ask how they did it. It’s the best form of feedback for that person and you learn from it too.”

 Shawnette Fluitt:

“I want to encourage aspiring female lawyers to talk about their successes as this is an important part of winning work. I’ve joked from time to time saying that I suffer from imposter syndrome, I say this because I don’t celebrate successes as often as I should. By acknowledging our accolades, we are essentially helping them (other women) overcome the concern that, to do so, is unacceptable ‘bragging’.”

“I have always been one to believe that my work should speak for me.  I am always willing to prove myself through my work and dedication.  I believe that while we always hope that our efforts are appreciated, we have to be committed to doing the job and while there may not be immediate gratification sometimes, I believe that in the long run recognition will be given.”

 Cara Manz:

“Early on, I found one of the biggest obstacles was being judged by my appearance and not my abilities. This has extended into the way older male colleagues spoke to me and called me names like sweetheart or honey as opposed to counsel, Cara or Ms. Manz.  I’ve always found being a female attorney to be a bit of a balancing act as well. You want to be aggressive, but not too aggressive for fear of being labeled a “b*****, when you take the same actions as a male colleague being viewed as assertive, expressing justified anger, etc.,”

Start Networking Early

Marissa Steiner:

“I left the firm and came back – why? Because of the people. They really encouraged and mentored me on the ins and outs of being a lawyer. But this isn’t something that will be handed to you, you have to make an effort to network, both professionally and socially. Let people see your personality, it will make you happier and help you to build closer relationships.”

 Courtney Chadwell:

“Mentoring is invaluable in preparing the next generation of female attorneys for leadership roles.”

 Shawnette Fluitt:

“Get a mentor as soon as possible.  Preferably an experienced female attorney who can help to guide you.  Resources are invaluable. As women see more examples of female leadership, it will have the needed effect.  The leaders themselves must also reach back and be encouraging to those that are watching.”

 Cara Manz:

“Don’t worry so much about what other people think. Don’t be afraid to raise your voice, object or interrupt. Believe in yourself, be confident and don’t be timid.  Don’t wait for opportunities to come to you, seek them out and make them for yourself. Women supporting and mentoring each other can be a great catalyst for change. It’s crucial not just in the practice of law, but in all aspects of life. I think more women in leadership roles, more women’s networking events and more women owned law firms will go a long way in encouraging and mobilizing more women to step up and that these successful women can serve as role models for other women and future generations of female lawyers.”

Patricia Sullivan:

“Keep an ongoing list of professional contacts from the outset, now with LinkedIn and social media it is far easier than when I started my career, but also it is a great idea to note details about the individuals so you can continue to relate on a personal level. Keep an ongoing file of work product to not re-invent the wheel.

Develop a “thick skin,” the ability to just shake things off rather than take them to heart and be kind to yourself, accept that no one is perfect, set more reasonable goals/priorities – you cannot do it all.”

 Does the pandemic balance the gender playing field?

Patricia Sullivan:

“One way the pandemic may create a more balanced playing field is that Zoom (teleconferencing) offers fewer options for women to be ogled. I have been at many in-person professional mediations or conferences when I have seen the scanning of a female attorney’s appearance and heard the demeaning comments begin from the moment a young attractive female attorney walks into the room. Things may go her way, but at what expense? Appearing remotely takes away the opportunities for that kind of sexism.”

“There are opportunities now, for those who would like to start down a leadership path. All legal societies and committees need volunteers. If you have the time, pick one of interest and join up. Especially, when we are facing less court time in which to meet other similarly-situated young females (or males) attorneys, joining an organization will help create those connections for the leadership path later on, as well as to provide a support system, and perhaps some unexpected friendships among like-minded people, often making a difference in the world in some fashion.”

 Courtney Chadwell:

“I think that the pandemic might level the playing field if only because women have historically borne the brunt of the responsibility for child care and the pandemic has made working from home much more common. Normally, being an attorney is not really a job that can be done from home but that has changed now that the courts are closed.”

Taking some time for yourself

Claire Rush:

“Reflecting on my younger self, all I did was work, but when I take a look at some of our younger associates and partners – there is no longer a ‘one-size-fits-all’ mold. If you want to take your hand at experiencing another firm, I say, go for it because you will garner a new depth of knowledge, and if you want to come back, you’re always welcome to.”

 Patricia Sullivan:

“Take the time for yourself to sleep, to go to the dentist, keep your medical appointments, exercise, take lunch… whatever you need to be your best You. Do not let others make you feel you should not do so. Realize that you are very likely in this business, in some form, for the long haul and that both your office and family can deal with missing you for time spent on keeping yourself up. Do not let yourself be defined by being an attorney; it is something you do, not who you are.   Recall that there are ups and downs in everything – some days you are hungrier than others, some days you feel better than others, and similarly, some days you will be more productive than on other days. If you accept that there are  natural ebb and flow, and look at the long-term picture, there is less pressure and that’s the name of the game in this journey.”

 Suzanne Halbardier:

“Create times when working and times when dealing with other life issues. Take breaks to stretch, relax.  Wake up at the normal time, take a shower and dress up like going to work to set the mood for the workday.  Change clothes at the end of the workday.”

Female attorneys are still under-estimated until they establish that they know what they are doing. Women lawyers need to continuously work to uplift, empower and mobilize working with each other to grow. It’s good to ask questions, especially as young attorneys – it builds relationships and a strong rapport about your desire to move up in your career. At Barry McTiernan & Moore, our partners and associate lawyers continuously work to provide mentorship and are team advocates for all those a part of the firm.  As a firm, Barry McTiernan & Moore achieves to respect and empower individuals at each stage of their careers.

Partner David Schultz Obtained Two Successful Decisions

Partner, David Schultz obtained two successful decisions on behalf of clients of the firm.  In the first case, the Appellate Division, Second Department reversed the lower court’s decision against the firm’s client.  David successfully argued that the trial judge committed reversible error in awarding summary judgment to a plaintiff on his Labor Law § 240(1) cause of action. The accident occurred at a Brooklyn-based school, owned and operated by our client. Over the course of the school’s seasonal break, the maintenance staff engaged in a project that included the painting of classrooms on the second floor. The plaintiff, a member of the school’s maintenance staff, was asked to come to the first floor and remove garbage bags from a raised shelf. In order the access the shelf, plaintiff leaned an unopened A-frame ladder against the wall. His accident occurred when the ladder slid out from underneath him.  The plaintiff testified that the shelf was going to be painted after he removed the bags. In contrast, his boss and two co-workers testified that no painting was going to take place on the first floor. In the appellate court, David was able to demonstrate that the lower court’s decision that the Labor Law applied because there was painting going on upstairs was in error.  Thus, the appellate court agreed that plaintiff’s motion should have been denied as there was an issue of fact as to whether he was simply engaged in routine maintenance that fell outside of the Labor Law.

In the second case pending in New York County, David obtained summary judgment based upon a primary assumption of the risk doctrine on behalf our client, the owner and operator of recreational sports league. The plaintiff, an experienced basketball player participating in our client’s recreational basketball league, struck his head on a concrete wall behind the backboard after being fouled in the midst of a game.   In addition to establishing that the primary assumption of the risk doctrine applied and that the distance between the concrete wall and the baseline of the court was an open and obvious condition, we demonstrated that the opinion of plaintiff’s expert concerning the alleged failure of the gym to comply with applicable standards was insufficient to raise an issue of fact. The Supreme Court agreed with our argument that our client was not liable as the plaintiff assumed the risk of his injuries through his voluntary participation in an athletic event whose risks were readily apparent.

Barry McTiernan & Moore Joins The Ranks of Women-Led Law Firms

Barry McTiernan & Moore, a leading insurance-defense litigation firm in the Tri-State area, is pleased to announce the role expansion of Suzanne Halbardier, who will now be the firm’s executive partner and majority stakeholder. The leadership continuity will bring even greater focus towards delivering outstanding service to our clients and protecting their interests.  

A well-known and accomplished litigator, Ms. Halbardier joined the firm in 1983 and became one of its owners in 2006. On January 1, 2021, Ms. Halbardier assumed the role of executive majority partner, transforming Barry McTiernan & Moore into a woman-owned business. The firm is excited to join the network of other women-owned businesses and looks forward to continuing its efforts to foster more opportunities and increased inclusion in the legal profession. 

For more than three decades, women have comprised more than 40 % of the law school population. However, as reported by the ABA Journal, women make up only 24 % of the lawyers achieving partnership and hold just 12 % of the top law firm leadership positions. While the presence of female attorneys in the legal profession has grown, women-owned law firms continue to be rarities. Despite equal numbers of women entering the practice of law, female attorneys still lag in equity partnerships and leadership positions.   

Ms.  Halbardier, a proud graduate of the University of Maryland (cum laude) and Georgetown University Law Center (JD), oversees the firm’s toxic tort unit and also specializes in high exposure discrimination, liability and molestation claims. She has tried many cases to verdict in New York state and federal court and her trial skills are continually recognized by the New York Times, who has named Ms. Halbardier one of their New York Super Lawyers as well as one of New York’s Top Women Lawyers for the past several years. 

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.