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Maynard, O'Connor, Smith & Catalinotto, LLP

November 29, 2017

Rob Rausch lectures at Continuing Legal Education program

Category: Community — admin @ 8:12 am

On November 17th, Rob Rausch lectured at Albany Law School, in conjunction with the school’s program to provide free Continuing Legal Education credit to recent graduates. Rob organized a panel of attorneys to speak on appellate practice, including Hon. Michael Lynch and two members of the Appellate Division, Third Department Clerk’s Office.  The panel provided insight and recommendations into appeals from the perspectives of the practitioner, Clerks Office, and Bench.  Rob discussed jurisdiction and procedural issues regarding taking an appeal to the Appellate Division.

Rob is a 1994 graduate of Albany Law School, and is a past President of its National Alumni Association.

November 16, 2017

Concetta Lomanto, Esq. of Maynard, O’Connor, Smith & Catalinotto, LLP Obtains another Successful Verdict in Oneida County

Category: Uncategorized — admin @ 4:48 pm

Concetta Lomanto, Esq. of Maynard, O’Connor, Smith & Catalinotto, LLP represented a local emergency medicine physician at a recent trial in Oneida County Supreme Court in Utica, New York and a defense verdict was returned, the physician was vindicated and justice prevailed. The case involved complications that resulted from prostate cancer following a radical prostatectomy, which resulted in the need for implantation of an artificial urinary sphincter. The case involved expert testimony in emergency medicine and urology. The key issue in this case was whether the emergency medicine attending physician met the accepted standard of care in approving the placement of a urinary catheter to relieve the patient’s urinary retention when the patient presented to the emergency department. After a two week trial, the unanimous verdict was returned in favor of the emergency medicine attending physician.

Concetta Lomanto, Esq. has over 30 years of experience in obtaining successful defense verdicts for physicians and hospitals who have been accused of medical malpractice.

September 14, 2017

Maynard Employees Step Up For School Supplies Drive

Category: Uncategorized — admin @ 8:00 am

On September 5th, Paralegal Melissa DeSanto dropped off 17 backpacks full of school supplies donated by the employees of the firm to the Van Rensselaer Elementary School. Thank you to Melissa for organizing this and to those at Maynard that contributed.

September 6, 2017

Attorney Rob Rausch Moderates Panel Discussion at Orientation for Albany Law School’s class of 2020

Category: Community,Firm News — admin @ 8:00 am

On August 18th, Rob Rausch moderated a panel discussion at the orientation for Albany Law School’s class of 2020.  The panel,  entitled “If I Knew Then What I Know Now”, included six attorneys from a variety of different practice areas, and included discussion on recommendations for succeeding in law school, developing legal and networking skills, increasing your marketability, reducing stress, and professionalism, among other topics.

Rob is a former President of the Albany Law School National Alumni Association and remains very active in volunteering at law school events.

August 25, 2017

Congratulations to our Super Lawyers!

Category: Community,Firm News — admin @ 8:30 am

Bruce Bell, Rob Rausch, Adam Mandell, Lia Mitchell, and Andrea Demers have all been selected as “Super Lawyers” in the current issue of the Upstate New York Super Lawyers magazine.  Bruce was recognized for the ninth time as a Super Lawyer in the field of “Personal Injury Defense: Medical Malpractice”. Rob was named again as a Super Lawyer in the category of Personal Injury Defense; he was also previously also recognized under the category of “Appellate Practice”.  Adam and Lia were named as “Rising Stars” in the field of Medical Malpractice Defense, and Andrea was named a “Rising Star” in “Personal Injury: Defense”.

Super Lawyers is an independent rating service of outstanding attorneys from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement.  The selection process is multi-phased and includes independent research, peer nominations and peer evaluations. The lists appear in the current issue of Super Lawyers and the September, 2017 issue of Hudson Valley Magazine.

August 7, 2017

Attorney Ed Tobin Successful in Defense of a Municipality and its Police Officers

Category: Uncategorized — admin @ 8:52 am

Attorney Ed Tobin has concluded a 6 day trial in Federal Court, successfully defending a municipality and its police officers against claims of excessive force and the use of a Taser. It’s all about letting the jurors understand the standards of police practice and how a Taser actually has been demonstrated to reduce injuries. Ed has successfully defended several Capital District municipalities in police as well as other negligence claims for the last 25 years.

June 20, 2017

Maynard, O’Connor, Smith & Catalinotto, LLP Firm Participates in “Red Nose Day” Fundraiser

Category: Community — admin @ 7:27 am

On May 25, members of the firm donned red noses to show their support for Red Nose Day.  Red Nose Day is affiliated with Comic Relief and is held annually to help support poverty-stricken children in the US and throughout the world. Funds raised through donations and sales of red noses go to support a variety of charities which includes,  Boys & Girls Clubs of America, the Children’s Health Fund, and Feeding America, among others, and are used to help provide meals, education, medical care and vaccines, and clean water.   In addition to donating to the cause, the firm also collected food and monetary donations for to the Food Pantries of the Capital District and the Saugerties Food Pantry.

Maynard Red Nose Day 2017

May 23, 2017

Attorney Lia Mitchell Obtains Favorable Decision on Motion

Category: Firm News — admin @ 10:30 am

Attorney Lia Mitchell obtains dismissal of a negligence action arising out of a motor vehicle accident.  The plaintiff was claiming a crushing injury to his right leg after a truck owned by the defendant and operated by a friend/associate, rolled into plaintiff pinning his leg against a column.  The plaintiff was treated at the emergency room for hi s injuries, and received further care from a physical therapist, primary care physician, and neurologist.  The plaintiff claimed he had a disfigurement to his right thigh; permanent numbness, cramping and spasms in the right leg; and ongoing sleep problems.

After the close of discovery, defendants moved for summary judgment on the basis plaintiff had not suffered a serious injury, with plaintiff opposing and cross-moving on liability.

The Court found defendants established plaintiff had not suffered a serious injury through the submission of plaintiff’s medical records, plaintiff’s own deposition testimony, and the findings and opinions of the neurosurgeon who conducted an examination of the plaintiff. This evidence showed the plaintiff had been able to resume his normal activities, including his job, shortly after the accident; had normal strength, reflexes and range of motion in his leg; and at most had a soft tissue injury with mild associated symptoms.  In addition, the plaintiff had only a small area of atrophy on his leg which could not be considered a significant disfigurement.

The Court further found the evidence submitted by the plaintiff in opposition to defendants’ motion was insufficient, evidence which included medical records, affidavits from the plaintiff and his treating neurologist, and a video clip which purported to show the plaintiff’s spasms.  The evidence did not support plaintiff’s argument of a serious injury, and the Court was not persuaded by the video as it was not clear who made the video and if it was an accurate depiction.  As such, the Court dismissed plaintiff’s action against the defendants in its entirety.

The full Decision and Order from Hon. Victor G. Grossman, J.S.C. of Dutchess County Supreme Court can be read here.

May 22, 2017

Maynard, O’Connor Competes in Workforce Challenge

Category: Community — admin @ 7:11 am

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Congratulations to Rob Rausch, Bridget Schultz and Scott Adelmann who braved the record heat on May 18, 2017 to complete the 3.5 mile CDPHP Workforce Team Challenge running race.

May 10, 2017

Maynard Attorneys Attend Cares for Kids Radiothon

Category: Community — admin @ 8:00 am


On May 4, Andrea Demers and Rob Rausch volunteered at the “Cares for Kids Radiothon” to benefit  the Bernard & Millie Duker Children’s Hospital at Albany Medical Center.  Rob and Andrea spent several hours answering phones and making calls to help raise funds to support the work of the hospital.  The Children’s Hospital at Albany Medical Center provides comprehensive care for children in northeastern New York and western New England, and maintains round-the-clock pediatric emergency services, a Pediatric Intensive Care Unit, a Neonatal Intensive Care Unit, and a Perinatal Center, to provide care for critically care ill newborns and premature infants.

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