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Maynard, O'Connor, Smith & Catalinotto, LLP

September 22, 2010

We are Warriors!

Category: Firm News — admin @ 1:51 pm

On September 18th, four employees of Maynard, O’Connor – Partner Rob Rausch, Systems Administrator Susan Dressler, Office Services Clerk Chad Brady, and Receptionist Natalie Nardacci – participated in the Warrior Dash, in Windham, NY. The Warrior Dash is a 3.23-mile race up and down Windham Mountain, and requires participants to complete a variety of obstacles, such as crawling through tunnels, climbing rope walls, running through a swamp, sliding down a slope, crawling through mud under barbed wire, and leaping over fire pits. Team Maynard finished muddy, bloody, and burnt, but with smiles on their faces. (This is the extent to which the “legal warriors” here are prepared to go for you!)

Partner Rob Rausch Braves Frigid Swamp Waters in September's "Warrior Dash"!

September 13, 2010

Maynard Attorneys Successful in Defense of Ulster County

Category: Firm News — admin @ 1:25 pm

Maynard O’Connor Partner Michael E. Catalinotto, Jr., and Associate Adam T. Mandell recently obtained a successful judgment on behalf of municipal defendant Ulster County, New York, in a lawsuit brought by a group of individuals claiming to be a Native American Tribe, and their financial backer, a Chicago based casino developer. The case, BGA, LLC and the Western Mohegan Tribe and Nation of the State of New York v Ulster County, New York, involved allegations of breach of a payment in lieu of taxes (PILOT) agreement. The plaintiffs claimed damages in excess of six million dollars arising from the Western Mohegans’ acquisition of land in Ulster County for a proposed casino, arguing that the property was exempt from local taxation based upon their alleged sovereignty as an Indian Tribe.

In addition to the breach of contract claims, the plaintiffs claimed a violation of the Nonintercourse Act, 25 U.S.C. § 177, stemming from the County’s prior attempt to foreclose on the property. The Nonintercourse Act renders land held by Indian Tribes inalienable absent Congressional approval. The plaintiffs also sought declaratory judgment from the Court acknowledging the Western Mohegans as a federally recognized Indian Tribe.

In his Memorandum Decision and Order, the Hon. Gary L. Sharpe, of the U.S. District Court for the Northern District of New York, granted the County’s motion for summary judgment finding there was no breach of the PILOT agreement. The Court also declined to exercise jurisdiction over plaintiffs’ declaratory judgment claim and deferred to the U.S. Bureau of Indian Affairs to determine whether the Western Mohegans should be recognized as an Indian Tribe. Accordingly, plaintiffs’ claims were dismissed and judgment was granted in favor of Ulster County.

September 1, 2010

Successful Medical Malpractice Defense

Category: Firm News — admin @ 8:48 pm

Maynard, O’Connor, Smith & Catalinotto partner, Thomas G. Daley, Esq. successfully defended a medical malpractice lawsuit venued in Albany County.  The case, Maloney v Kerner, involved an allegation that the infant plaintiff sustained a brachial plexus injury (Erb’s Palsy) as a result of a shoulder dystocia condition encountered at the time of birth.  The plaintiff contended that the defendant obstetrician improperly performed maneuvers at the time the shoulder dystocia condition was discovered so as to cause a permanent injury to the infant plaintiff.  The plaintiff produced expert proof that the injury sustained by the infant could only have occurred as a result of the obstetrician improperly placing lateral traction on the head of the child before the shoulder dystocia condition was relieved.   The defendant testified that no lateral traction was placed on the head of the child once the shoulder dystocia condition was diagnosed.  Also, the defendant obstetrician had delivered multiple children in the past with shoulder dystocia conditions, with none of those children sustaining any injuries.  Also on behalf of the defense, a board certified obstetrician testified that the management by the defendant of the shoulder dystocia condition, which is considered a life-threatening obstetrical emergency, was proper and in agreement with all accepted standards of care.  Further, the defense called a pediatric neurologist who testified that the birth injury sustained by the child occurred as a result of maternal propulsive forces.  The trial started on July 19, 2010 and a jury returned a unanimous verdict in favor of the defendant on July 26, 2010.