Business and Commercial
Andrew Carr and His Client Joe Insinga Mentioned in the New York Times
February 8, 2014: The New York Times has an article from Gretchen Morgenson entitled “Sounding the Tax Alarm, to Little Applause.” The article discusses the difficulty whistleblowers experience in receiving awards from their tips from the IRS. The article discusses Joe Insinga’s struggle so far, including Andrew Carr’s moves which forced the IRS to finally make a determination regarding Mr. Insinga’s claim. “Unlike other whistle-blowers, Mr. Insinga has gone public. On June 25, 2007, just two months after he filed his claim, he and his lawyer came to New York City and briefed three I.R.S. officials for several hours. Among other things, he handed over an internal audit from the bank identifying 94 dubious transactions set up solely to avoid taxes, court filings show.”
Andrew Carr Quoted in the Wall Street Journal
April 19, 2013: The Wall Street Journal has an article by Ben DiPietro about Joe Insinga’s Whistleblower case. In a rare case for Tax Court, Andrew Carr filed suit to force the IRS to make a determination on Mr. Insinga’s Request for a Whistleblower Award. “Whichever course of action is decided upon, Carr said Insinga will appeal the IRS rejection of his awards claim, which originally was filed in May 2007. ‘His claims are meritorious and we will pursue them,’ Carr said.”
Andrew Carr’s Work Appears in the Wall Street Journal
May 2, 2008: The Wall Street Journal has an article by David Armstrong and Jesse Drucker discussing the Whistleblower submission filed by Andrew Carr. The article is entitled “Dutch Bank Funded U.S. Tax Shelters: Rabobank Supplied Cash for Structures Under Investigation.”
State of Tennessee vs. Mary Winkler
Mary Winkler, the wife of a minister, was accused of first degree murder following the death of her husband. The case quickly became national news, appearing on CNN, Larry King, Nancy Grace, and Oprah Winfrey. Leslie Ballin, as one of Ms. Winkler’s attorneys, fought hard in the national spotlight. After a long trial, the jury refused to convict Ms. Winkler of murder, instead finding her guilty of the reduced crime of manslaughter. Ms. Winkler was sentenced to three years of prison, with only 67 days to serve.
Notable Cases – Personal Injury
Our cases make waves. We’ve selected a few news stories from cases our attorneys have worked on. Read about our work here:
Tim Edwards’ Clients Appear on the Today Show to Discuss Their Experiences with Defective Cochlear Implants
March 14, 2014: NBC’s Today Show has an article and videos by Michael Kosner and Lisa Myers interviewing Advanced Bionics patients.
National Media Discuss Tim Edwards’ and Kevin McCormack’s Verdict in Sadler v. Advanced Bionics
April 18, 2013: USA Today has an article by Andrew Wolfson discussing the $7.2 million medical device verdict in Sadler v. Advanced Bionics. “The Sadlers’ lawyers presented evidence that Advance Bionics executives delayed disclosing the defect so they could sell more devices and get more money when the company was sold. They ‘chose to ignore risks and focus on profits,’ the lawyers said in a brief. . . ‘[Breanna Sadler] lived in a cold, dark, deaf world while Advanced Bionics shareholders enjoyed millions of dollars in sales-based bonuses,’ her lawyers said in a pretrial brief.”
Notable Cases and Verdicts for Kevin McCormack:
- Sadler v. Advanced Bionics – As co-counsel with Tim Edwards, received a $7.2 million medical device verdict in a case involving a defective cochlear implant. Wrote briefs leading to the first published opinion interpreting the Biomaterials Access Assurance Act, which barred Defendant from blaming a component supplier for the defective device.
- Eggerling v. Advanced Bionics – Defeated Defendant’s Motion for Summary Judgment on causes of action for negligence and products liability in a case involving a defective cochlear implant. Defendant settled shortly after the judge ordered the case to go forward to trial.
- Denniston v. Advanced Bionics – Before the California Court of Appeals, represented Plaintiffs in an effort to reverse trial court’s judgment based on the statute of limitations. Defendant settled after parties filed their briefs.
- Insinga v. IRS – In a case pending before the United States Tax Court, representing Joe Insinga in his attempts to receive a whistleblower award for reporting tax fraud of multiple large corporations.
Representative cases for Joseph Horowitz:
- Ahrorgulova v. Dr. Melinda Sue Mann, 144 A.D.3d 953 (2nd Dept. 2016) – Represented physician’s assistant in medical malpractice matter. Plaintiff claimed to have sustained a perforated uterus and sued the doctor and physician’s assistant. Arguing that the relation back doctrine was not applicable, secured reversal of lower court ruling. Appeals court dismisses complaint and cross-claims as against physician’s assistant.
- Gunzburg v. Quality Building Services, Corp., 137 A.D.3d 424 (1stDept. 2016) – Plaintiff claimed injuries after slipping on rainwater gathered near an internal escalator in the Time Warner Mall in New York City. Represented the owner of the mall on this appeal. The lower court dismissed the complaint but found that the owner was not entitled to indemnity from the cleaning contractor, a co-defendant. Appeals court affirmed the dismissal of the complaint and reversed the ruling on indemnity, finding that the owner was entitled to contractual indemnity from the cleaning contractor.
- Torres v. Sander’s Furniture, 134 A.D.3d 803 (2nd Dept. 2015) – Appeals court affirmed dismissal of complaint. Plaintiff, who tripped over a sidewalk defect, sued the client –a tenant who leased the premises where the accident occurred. Appellate brief demonstrated that the tenant was not responsible for the condition causing the accident.
- Harris v. NYU Langone Medical Center, 615 Fed.Appx. 49 (2nd Cir. 2015) – Plaintiff’s suit against psychiatrist for alleged medical malpractice dismissed by Second Circuit Court of Appeals.
- Francis v. Plaza Construction Corp., 121 A.D.3d 427 (1st Dept. 2014) – Represented a general contractor, Plaza Construction Corp. Appeals court reverses the trial judge’s decision, and holds that the general contractor did not create the accident-causing condition. The general contractor was thus entitled to dismissal of the complaint as well as unconditional contractual indemnity from a subcontractor. The plaintiff had sustained career-ending injuries and the potential exposure to the client was over $4 million.
- National Union Fire Insurance Co. v. 221-223 West 82 Owners Corp., 120 A.D.3d 1140 (1st Dept. 2014) – Represented insurer in a declaratory judgment action in both the trial court and appeals court and successfully secured a reversal of the lower court’s order. As a result of the appellate victory, the employer’s liability insurer was absolved from defending or indemnifying its insured in an underlying bodily injury action.
- Fernandez v. Babylon Municipal Waste, 117 A.D.3d 678 (2nd Dept. 2014) – Reviewing court reverses the grant of summary judgment in favor of plaintiff motorist who was struck in the rear by the client, the driver of a garbage truck. Plaintiff stopped short in the middle of an intersection that was clear of obstructions. The appeals court found that questions of fact remained with respect to plaintiff’s comparative negligence, and thus plaintiff was not entitled to judgment as a matter of law.
- Vargas v. Scalamandre, Inc., 105 A.D.3d 454 (1st Dept. 2013) – Appeals court reverses order of the lower court and grants summary judgment to the client, finding that the client (a concrete contractor) did not create the condition causing plaintiff’s accident. Plaintiff, a construction site laborer, underwent career-ending back surgeries as a result of the workplace accident. The case was tried against the remaining defendants and the jury returned a $10.6 million verdict.
- Schiavone v. Bayside Fuel Oil Depot, Inc., 94 A.D.3d 970 (2nd Dept. 2012) – Plaintiff tripped and fell on gravel in a parking lot owned by the client. Affirming the dismissal order of the lower court, the reviewing court finds that the gravel condition complained of was open, obvious and not inherently dangerous.
- Dos Santos v. Power Authority, 85 A.D.3d 718 (2nd Dept. 2011) – The client performed maintenance work on a revolving door. Several weeks later, the door collapsed, injuring plaintiff. The lower court ruled that the owner was entitled to contractual indemnity from the client. The appeals court reversed, holding that the injury did not “arise out of” the client’s performance of its obligations under the contract.
- Thompson v. East Coast 6, LLC, 2017 NY Slip Op 06474 (2nd Dep’t 2017) – In this post-trial appeal, the court affirmed a jury verdict, finding that the verdict should not be disturbed. The appellate court panel ruled that there were valid reasons to doubt plaintiff’s credibility about how the accident occurred.
Representative Cases for John Timothy Edwards:
- Hodges v. S.C. Toof, 833 sw2d 896 (TN S. Ct. 1992)
- Batchelor v. Heiskell, 828 sw2d 388 (TN. Ct. App 1992)
- Rogers v. B F Shaw, 813 sw2d 397 (TN. S. Ct. 1991)
- Teamsters 515 v. Roadbuilders, 291 SE 2d 698 (GA. S. Ct. 1982)
*Disclaimer: No two cases are the same. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case undertaken by the lawyer.