Barry McTiernan & Moore Promotes Four Attorneys to Senior Associates

We are pleased to announce the promotions of Ashley Johnston, Ryan Rayder, Rafael Soto, and Melissa Wolin to the position of Senior Associate, in recognition of their professionalism, dedication, and hard work. During their time at Barry McTiernan & Moore, they all have consistently demonstrated a solid understanding of the law and legal skills to achieve positive outcomes for our clients. They have collectively exhibited leadership skills in mentoring and guiding junior members of the team, fostering an environment of collaboration that reflects BMM's core values. Their promotion not only recognizes their individual achievements but also reflects our firm's commitment to nurturing talent and providing growth opportunities.  

“On Ashley’s work for a major account, she has shown true leadership in guiding other attorneys and paralegals in performing timely and quality work for the client,” commented Executive Partner Suzanne Halbardier.  “I’m excited to watch Ashley build her career here at Barry McTiernan & Moore as a zealous advocate for our clients.”

“Rafael is an asset to Barry McTiernan & Moore. He has made a valuable contribution to our firm with his vast trial experience. His ability to quickly think on his feet and confidently solve problems has been a big part of the success of the firm’s New Jersey branch” says New Jersey Managing Partner, Lynda Liebhauser.  

“Ryan is an insightful litigator who has learned to cut to the chase, seeking potential risk transfer options at every opportunity.  His sharp mind and pleasant personality provide quite a challenge for his adversaries. We are pleased to celebrate his success" said Partner Patricia Sullivan.  

“It has been such a pleasure watching Melissa grow from her days as a Law clerk in school into the intelligent, forward-thinking litigator that she’s become. The promotion is well deserved. “Alex Malino, Managing Partner, expresses.

Congratulations to Ashley Johnston, Ryan Rayder, Rafael Soto, and Melissa Wolin, we look forward to your continued professional growth at the firm.  

Moya O’Connor Obtains a Unanimous Defense Verdict in Supreme Court, Kings County

Moya O’Connor recently obtained a unanimous defense verdict in Supreme Court, Kings County. The case involved a motor vehicle accident in which the plaintiff alleged that the defendant rear-ended her vehicle, but the client alleged that the cause of the contact was a result of the plaintiff making an illegal U-turn in front of his vehicle. The plaintiff alleged neck and back soft tissue injuries with three injections, a right leg injury with no surgery, face lacerations, and knocked-out teeth. The parties agreed to a unified summary jury trial with a high/low of $95,000/$5000. The jury delivered the unanimous defense verdict within 15 minutes.

Congratulations to Moya and her team, as well as the BMM 2023 summer associates, for helping to achieve a favorable verdict.

BMM Sponsors Worthy of Love

On June 16th BMM sponsored and volunteered at the Worthy of Love event hosted by Project Kind. The Worthy of Love event brought residents without addresses to Giants Stadium to participate in a fun filled day of services.

In the morning, the BMM team assisted in setting up the giveaway stations. Once the friends arrived, volunteers partnered in buddy groups and guided them through the Giants Stadium different areas and stations, which included meeting Giants football players, collecting hygiene supplies, clothing and other essentials, offering spa services, motivational speakers and so much more in an effort to let the friends know they were cared for. A health check station was also available, as well as information about health services, housing, mental health, job search, and training.

Thanks to everyone who attended and contributed to such a great cause.

Partner Claire Rush Obtains Defense Verdict in High Stakes Damages Case

Partner Claire Rush recently obtained a defense verdict in New York County in a high stakes damages case. Plaintiff was a passenger in a car driven by her son that had a minimal policy. Plaintiff sued her son and the Authority claiming that our client’s bus caused the accident because the defendant bus driver pulled out from a mid-block bus stop on Madison Avenue and struck the co- defendant's car.   Plaintiff argued that the bus crossed into the car’s lane, striking the right-side rear door causing the car to turn in front of the bus which resulted in the car being pushed 20-30 feet. The Authority maintained that the accident occurred in the intersection and was caused by plaintiff making an illegal right turn.   

Plaintiff, 48 years old at the time of this incident, alleged significant injuries, including left shoulder surgery, a right knee arthroscopy, a cervical fusion, and a lumbar laminectomy. Plaintiff allegedly developed failed back syndrome and experienced chronic unremitting pain.  She claimed that the pain rendered her unemployable. Since the lumbar discectomy plaintiff had 4 lumbar electrical stimulator devices inserted. Plaintiff’s demand was $17M. A future life care plan alleged up to $5M in future medical costs.  

Plaintiff identified one of her sons as damages witness on the eve of trial.  Ms. Rush took the son's deposition and elicited testimony that the plaintiff and her defendant son had made declarations against interest that undermined plaintiff's liability position. Through testimony from our client’s bus operator, the responding Police Officer, a passenger on the bus and cross-examination of the codefendant, plaintiff and the non-party witness son, Ms. Rush successfully argued that it was the plaintiff’s son who was the cause of the accident.  

After hearing the evidence, the jury found in favor of our client.  Congratulations to Claire Rush for another phenomenal result.

Shorav Kaushik Elevated to Of Counsel

BMM is pleased to announce Shorav Kaushik has been elevated to Of Counsel, a testament to his over ten years of experience, diligence, and dedication. Shorav has repeatedly obtained favorable results for our clients, achieving the best possible outcomes for their objectives.  

Shorav is a member of the South Asian Bar Association of New York. Additionally, he is admitted to the Bars of the States of New York, New Jersey, Pennsylvania, and Connecticut. Shorav is repeatedly called upon to represent the interests of general contractors in New York State Labor Law matters, as well as the interests of transportation companies in catastrophic motor vehicle accidents and argued in the Courts of both New York and New Jersey. Shorav’s ability to independently handle and assess matters in a unique and aggressive manner makes him the perfect fit for a lengthy career at BMM. “Shorav has a great legal mind. He is intelligent, hardworking, and always willing to step up to the plate,” says Alex Malino, the firm’s Managing Partner.  

Celebrating Caribbean American Heritage Month: Employee Spotlight - Moya O’Connor

June is Caribbean American Heritage Month. This month gives us an opportunity to learn and celebrate the cultural and historical contributions of Caribbean Americans.

In celebration we are spotlighting Barry McTiernan & Moore's Trial Attorney, Moya O'Connor, whose practice focuses on defending complex litigation in State, Appellate, and Federal Courts.

Jamaican-born, Moya is the founder and CEO of Caribbean Attorneys Network, Inc. (CAN), a professional organization dedicated to developing legal professionals of Caribbean descent. Recently, Moya was chosen as an honoree for the Schneps Media 2023 Manhattan Power List.

When interviewed, she responded as follows:

When did you realize you wanted to become a lawyer, and what inspired you to pursue this career?

I love to debate, and always wanted to be a lawyer because I participated in mock trials since the seventh grade. I participated in mock trials in high school and college, as well as moot court in law school. I always shined in the courtroom. My inspiration is my sister who is also an attorney.  

How has being of Caribbean descent influenced your career in the legal field? 

Being Caribbean catapulted my career!! It pushed me to create CAN. My Jamaican background and passion for my culture pushed me to create the bar association, Caribbean Attorneys Network, which has been a home for attorneys, law students, and legal professionals of Caribbean descent since 2014.

 What advice would you have given yourself at the start of your career? 

“You are here because you deserve to be here.” I battled imposter syndrome for the majority of my legal career, and it took me a long time to believe that I had what it takes to be a successful attorney.

 A favorite mantra or quote. 

“It is not what they call you. It is what you answer to. Keep going.”

Patrick Whitford Obtains an Early Discontinuance in Labor Law Case

Attorney Patrick O'Haire Whitford obtained an early discontinuance on behalf of our client in a Labor Law case where the plaintiff allegedly sustained serious injuries from a defective/dangerous piece of machinery.

The plaintiff’s alleged accident occurred as part of her work at a “project within a project”, where our client was the construction manager of a larger building renovation project, but the plaintiff was working on a separate, smaller restaurant renovation project, also taking place at the same location and time. It turned out that the plaintiff was under the supervision and control of a separate general contractor hired by the common owner/co-defendant. Even though our client was misidentified as having been involved in the work which allegedly caused plaintiff’s injuries, Patrick exchanged an affidavit to the other parties showing that our client did not belong in the case.  After reviewing the affidavit, the plaintiff and co-defendants agreed to a voluntary discontinuance in favor of our client.  The result was substantial time and cost savings for our client. In this matter the life cycle of the case was a key metric, and Barry McTiernan & Moore's proactive efforts resulted in an early resolution.

Liebhauser and Kaushik Secure Dismissal of Labor Law Claims and Contractual Indemnification in Favor of General Contractor Client

Lynda Liebhauser and Shorav Kaushik successfully secured dismissal of plaintiff’s Labor Law section 200 and 241(6) claims against our clients, the owner and general contractor of the project.   Plaintiff alleged he was injured when a dolly collapsed while moving a piece of a crane on the dolly.  Plaintiff argued the occurrence was caused by negligence on the part of employees, the general contractor, and its agents.  In addition to BMM obtaining the dismissal of plaintiff’s claims, the Court granted our motion for contractual indemnification and common law indemnification against the subcontractors who hired plaintiff’s employer.

This result was a team effort, our office expertly developed a strategy to obtain a successful summary judgment motion and achieve this excellent result for our clients.

Associate Ryan Rayder Successfully Obtains a Pre-Discovery Voluntary Discontinuance in Premises Liability Case

In an action where the plaintiff alleged to have tripped and fallen over a metal covering/plate in the roadway/street on a sidewalk in Kings County, Associate Ryan Rayder secured a voluntary discontinuance from all parties before any significant discovery occurred. Through early collaboration with our client, Ryan drafted an affidavit explaining that our client did not perform any work at or near the area where plaintiff alleged his accident took place.

After exchanging the signed affidavit on all parties, Ryan obtained a voluntarily discontinuance on all claims asserted against BMM’s client.  Because the discontinuance occurred before any significant discovery or depositions took place, Ryan was able to save our client significant time and expense in defending the case.

At Barry McTiernan & Moore, a case’s life cycle is an integral performance indicator, and this case is an example of the proactive measures the firm takes to resolve issues of law at an early stage.

Suzanne Halbardier and Claire Rush selected to the 2023 Top Women Edition of New York Metro Super Lawyers

BMM is proud to announce that Executive Partner Suzanne Halbardier as well as Partner and Senior Trial Attorney Claire Rush have been selected to the Thomson Reuters, 2023 Top Women Edition of New York Metro Super Lawyers. This recognition is a testament to their work, dedication, and decades of litigation experience.

Each year, the Super Lawyers list recognizes New York's top five percent of lawyers based on independent research, peer nominations, and peer evaluations.

Congratulations to Ms. Halbardier and Ms. Rush on receiving this recognition from their peers and being evaluated based on their professional achievements in their respective practice areas.

• Suzanne Halbardier is featured on the Environmental practice list

• Claire Rush is featured on the Personal Injury practice list

Claire Rush Named to the City & State NY 2023 Law Power 100 List

Barry McTiernan & Moore LLC is excited to announce that Partner and Senior Trial Attorney Claire Rush has been named to the City & State NY 2023 Law Power 100 List. This list recognizes the most influential legal professionals in the world of New York politics and government. The list includes high profile partners at prominent law firms who advocate for change and argue cases before our highest courts. As President of the Defense Association of New York, Ms. Rush vigorously urged Gov. Kathy Hochul's office to veto a Bill that would have radically expanded the class of persons and types of damages recoverable in wrongful death cases. She wrote op-ed pieces for newspapers and magazines and was quoted extensively in the New York Times and New York Law Journal regarding the myriad reasons why this bill would have undermined the stability of our civil justice system and denied civil defendants their due process rights. See,  https://www.cityandstateny.com/power-lists/2023/03/2023-law-power-100/384008/

In recognition of her advocacy work, Ms. Rush was appointed earlier this month by the Center for Law and Public Policy, a national defense think tank, to join their State Legislation and Rules Task Force.  On the State front Claire was tapped by the Supreme Court, Kings County to serve on a committee to develop a uniform discovery protocol for the handling of New York Labor Law § 200, 240 and 241(6) cases.  In addition to this advocacy work Ms. Rush maintains a busy trial schedule and has obtained 8 defense verdicts in the last year.

The firm congratulates Claire on her accomplishments, appointments, and honors.

Celebrating Women’s History Month: Employee Spotlight - Suzanne Halbardier

Written by Suzanne Halbardier

As March is Women’s History Month, I started to think about why I became a lawyer which was not always considered a career for women.  We all have heard about limited opportunities and the careers of Sandra Day O’Connor and Ruth Bader Ginsburg.  Those of us who came from a later generation still dealt with misperceptions about our abilities and commitment and struggled in the very old fashioned world of insurance defense litigation. 

Originally, I thought I’d become a lawyer because my parents told me I was good at arguing with them.  Perry Mason was an early hero.  When I went to law school, everyone was asked to identify the lawyer who made them decide to become a lawyer.  Classmates yelled out “Learned Hand” or similar names, but mine was always Perry Mason.  I never thought of myself as a woman lawyer.  I just wanted to be a good lawyer and represent clients to the best of my ability.  Like another childhood hero, Nancy Drew, I wanted to solve problems and be creative.  As I became more skilled as a lawyer, I took on cases in developing areas of the law – even those my boss at the time said would not be worth our time to handle.  It was tough not always getting support from my boss and fighting with adversaries.  But like Nancy, I thought I could do anything and would never be defeated in my goals.  So, I took on cases others thought were problematic and developed creative solutions to obtain great results for clients.  As the proud owner of our firm, I seek to instill that eagerness and optimism in our younger lawyers, both male and female. 

And as a woman lawyer, I use all my skills, knowledge and optimism to succeed as a lawyer.  In the end, being confident of my abilities has made me successful.  Developing confidence about my skills was something I developed from my childhood heroes.

Anthony Guidice Obtains Appellate Win on behalf of Insurance Client

The Superior Court of New Jersey Appellate Division recently affirmed the Trial Court's Order awarding summary judgment for our client, a premier insurance company, in a lawsuit over the denial of a policy claim.

In the lawsuit, Plaintiff alleged that the closure mandated by Governor Murphy's executive orders during the peak of the COVID-19 pandemic resulted in "a substantial loss of business and income". In Mr. Guidice’s argument, the New Jersey Appellate Division agreed that the executive orders barred plaintiff from operating its property but did not physically deprive plaintiff of its possession. Further, Mr. Guidice convinced the court to dismiss the additional claims of plaintiff asserting the virus exclusion and ambiguity of terms within the policy, citing Mac Prop. Grp. LLC v. Selective Fire & Cas. Ins. Co., 473 N.J. Super. 1 (App. Div. 2022); 278 A.3d 272 where policy language was virtually identical.

This resulted in a win for the client, with the New Jersey Appellate Division rejecting all claims, upholding Mac Prop. Grp. LLC v. Selective Fire & Cas. Ins. Co., 473 N.J. Super. 1 (App. Div. 2022); 278 A.3d 272.

Celebrating Women’s History Month: Employee Spotlight - Patricia Sullivan

Partner Patricia Sullivan has accumulated a wide range of expertise and experience over the course of her 42-year career. Ms. Sullivan describes herself as a "Lifer" at BMM, having started while still a law student, progressed as an associate, and then honored to be named a partner of the firm. According to Ms. Sullivan, with each case file assigned, she gained experience under the guidance of some very seasoned and respected members of the legal profession.

Ms. Sullivan’s practice specializes in professional liability, Labor Law, and other construction-related matters. Her representation of nationwide restaurant chains has included premises liability, as well as corporate compliance and attendance at hearings before the Environmental Control Board, OATH, and Criminal Courts. When recently interviewed, she responded as follows:

What is your favorite aspect of practicing law?

The practice of law involves conquering new intellectual challenges every day, interacting with all kinds of personalities, and encountering new fact patterns. My favorite aspect of being an attorney is being able to end the day knowing that the best possible outcome has been achieved.

In your career, what have been the most significant obstacles, and how did you overcome them?

My greatest obstacles have been sexism and gender bias. Throughout my career, I have faced pre-judgment, bullying, and harassment by male colleagues in the profession. It was necessary to work harder than the fellows in order to gain professional respect and acceptance by being extra-prepared and willing to take the lead.

As a new attorney, I was younger in age and appearance than many of my peers, such that there were times I felt my presence was summarily dismissed. Fortunately, I had already interned at BMM for three years, had been mentored by an excellent attorney in the handling of complex medical malpractice cases, and "knew my stuff" for someone my age.

It was common for male attorneys to direct me toward the stenographic equipment, thinking I was the court reporter. One, in particular, could not even fathom that I was his adversary, despite being informed by his receptionist that I was there as counsel, not a stenographer. In my younger days, I was physically shoved, fondled, and on the receiving end of derogatory remarks. As were some other female attorneys at the time, we were kept in Chambers as “eye candy” by a certain judge; such obstacles made it difficult to establish comradeship as an equal.

I quickly learned that I had to take immediate measures to inspire confidence by others in my abilities, whether I was working with co-workers, clients, or the courts. It took energy, time, and effort to address the sexism and prejudice. However, if left unaddressed, it could easily have resulted in low self-esteem, depression, or other negative effects which would just feed into the ignorance of those who were close-minded.

What advice would you give future attorneys?

I encourage those contemplating a career in law to work on developing skills rather than simply amassing knowledge, as those abilities will always support any future endeavors.

No matter the field of law, detailed reading, confident speaking, and persuasive writing are essential. There are also more subjective skills to be developed, including how to evaluate an adversary, identify the essence of a situation, negotiate, argue strong points, listen deeply, stay strong, or fold appropriately when the cards are against you. Empathy, honesty, and professionalism will always serve you well.

Name a woman in history that has inspired you.

I remain inspired by the life of Mary Teresa Bojaxhiu (1910-1997), more commonly known as “Mother Teresa,” who won the Nobel Peace Prize in 1979. She founded a missionary order, and her/their charitable works were simply amazing: tending to those suffering from HIV/AIDS, leprosy, tuberculosis, etc., when others would not do so, working with and living among those known as “the poorest of the poor,” and establishing innumerable soup kitchens, clinics, counseling programs, orphanages, and schools around the world.

She spoke five languages and was open to various religions, assisting the dying with respect and according to their faiths:  Muslims were read the Quran, Hindus received water from the Ganges, and Catholics received their “Last Rites.” Although herself a Catholic nun, as to her calling, she stated, “I belong to the world.” According to former U.N. Secretary-General Javier Perez de Guellar, “She is the United Nations. She is peace in the world.” One cannot help but be inspired by her determination and then her successes.

She is quoted as having said, “Discipline is the bridge between goals and accomplishments.” She was humble despite her achievements, but encouraged all to do something to make this world a better place: “Not all of us can do great things, but we can do small things with great love.” She valued collaboration: “I can do things you cannot, you can do things I cannot; together we can do great things.” This one, small, diminutive person was not easily dissuaded: “Do not allow yourselves to be disheartened by any failure as long as you have done your best.” Her strong resolve, her ability to lead by words and example, and her resiliency are all to be admired. Her “Do It Anyway” words are truly motivational, as summed up, in part, by, “The good you do today may be forgotten tomorrow; do good anyway. Give the world the best you have and it may never be enough; give your best anyway.”

Celebrating Black History Month: Employee Spotlight - Sandra M. Bonnick

This week we spotlight Sandra M. Bonnick, an experienced attorney who focuses her practice on general liability matters for local and federal government agencies, hospitals, nonprofits, and private medical practices. Sandra has handled every aspect of litigation, including appearances in state and federal courts, briefs, motion practice, and discovery. During her time as an executive agency counsel at the New York City Transit Authority Department of Law, she represented and defended transportation clients, including the New York City Transit Authority, Metropolitan Transit Authority, and Manhattan and Bronx Surface Transit Operating Authority.

Q: Provide an overview of your tenure and growth as an attorney.

R: I have been a practicing attorney for over 20 years. I have always been a defense attorney in litigation. I started in medical malpractice defense and loved it because it dove-tailed with my love of science and medicine. But the law firm that I worked for had very few attorneys that were people of color and there was no one at the firm that cared about mentoring me. I wanted to do more challenging work like preparing and defending the medical providers for their depositions, but only Partners were allowed to do that. And, of course, I would never be allowed to become a trial attorney unless I was a Partner. None of the Partners looked like me. I later came to realize that my growth would be very limited if I remained at that law office and so I left and went to a more diverse firm, where I was allowed to start my training as a trial attorney. As a result of that experience, I have tried many cases, both private entities as well as public defendants like the New York City Transit Authority. I have done very well as a trial attorney, but it has become increasingly difficult to try cases while also being a full-time mother to my daughter.

Q: What advice would you have given yourself at the start of your career?

R: I would have told my young self to not get stressed out about things so easily. I have come to realize that things are never going to go exactly as we plan them. Unexpected things happen and you must be able to think on your feet and meet your challenges as they come.  As a young attorney, I stressed myself out a lot because I strived for perfection in all that I did.  But inevitably, things would go wrong and mess up my plans as life often does. I came to the realization that nothing was worth giving myself an ulcer or getting sick because I put so much pressure on myself. I continue to always do my best in all that I do, but I am ever mindful that life sometimes put obstacles in our way in order to make us stronger.  We must confront the challenges as they come.

Q: Who is a person in Black history that inspired you?

R: There have been so many wonderful pillars of inspiration for me as a person of color in America. One of the most inspirational Black figures in history for me was Harriet Tubman, who was a fearless warrior, who put her life on the line countless times in order to help black people escape from slavery.  She was also an early activist for Women’s rights. I just found it amazing that a black woman, who herself had been born a slave, had such courage and tenacity that she was not satisfied sitting back and enjoying her escape from slavery, but instead intentionally placed herself in danger many times in order to help others break the shackles of servitude.

Q: How has being a black woman influenced your career in the legal field?

R: I cannot lie and say that it has been an easy journey being a black woman in the legal profession. There have been times when I have been shocked at some of the stupid questions and ridiculous comments that have been posed to me, especially when I was starting my career. Luckily, I was always a person who had a strong sense of self, and I never allowed someone else’s uninformed opinions to affect how I perceived myself. Confidence in my abilities as an attorney has helped me to advocate zealously for my clients as well as stand up for things that I believe in, even if they may not be popular.

Q: A favorite mantra or quote.

R: Good, better, best. Never let it rest. Until your good is better and your better is best.

Associate Ryan Rayder Granted Pre-Discovery Summary Judgment

Associate Ryan Rayder obtained an early dismissal of the BMM client in a trip and fall case where plaintiff claimed to have been injured after tripping over a plank of wood outside of a renovation construction project. Ryan worked with the client to develop the requisite affidavit in support of a pre-discovery motion for summary judgment, arguing that our client was not the general contractor responsible for the subject premises.

The plaintiff's counsel argued that since depositions had not yet taken place, which could help uncover additional information, summary judgment should not be granted. However, the Court agreed with Mr. Rayder’s arguments that no further discovery would be needed under these circumstances.

As a result, the motion was granted and all claims against the firm’s client were dismissed before any significant discovery or depositions were conducted. This saved our client significant time and expense. At Barry McTiernan & Moore, a case’s life cycle is an integral performance indicator, and this case is an example of the proactive measures the firm takes to resolve issues of law at an early stage.

Celebrating Black History Month: Employee Spotlight - Shawnette Fluitt

In honor of Black History Month, it is important to reflect on the contributions African Americans have made to American history, as well as recognize their present-day achievements.

As a Partner at Barry McTiernan & Moore, Shawnette Fluitt manages the toxic tort/environmental practice. Ms. Fluitt is involved in every aspect of a case from initial discovery to depositions, trial preparation, and trial. Ms. Fluitt’s practice focuses on high-value wrongful death and personal injury cases for small and large companies, third-party administrators, insurers, and reinsurers. In addition, Ms. Fluitt’s experience includes arguing motions in state and federal courts as well as chairing and second-chairing several cases to verdicts. Ms. Fluitt sits as a member of the firm's Executive Committee. Additionally, she is an incredible mentor to her paralegal staff and junior associates, ensuring that everyone has the resources and support they need to succeed.

Q: Provide an overview of your tenure at BMM and your growth as an attorney.

R: I graduated from law school in 2002 and worked for a business immigration firm and then a personal injury firm. However, it wasn’t until I started working at BMM in 2007 that I found a true love for litigation. I enjoy putting the pieces of the “puzzle” together to find evidence to defend cases. I enjoy collaborating with my team and brainstorming ideas on different ways to handle cases or different avenues of investigation.

Q: Who is a person in black history that inspired you?

R: There isn’t one person. There are so many people in history that have inspired me that I could not name just one. I am inspired by the actions that they have taken to move a cause forward, to implement change, and to give voice to the unheard.

Q: How has being a black woman influenced your career in the legal field?

R: It is a rarity to be in the position that I am in. Less than 1% of partners at US law firms are Black women. It is also not something that I take lightly. Diversity and Inclusion are important to me as well as to my firm and we are taking steps to make sure that our landscape is far reaching and diverse.

Q: What advice would you have given yourself at the start of your career?

R: I would tell myself to not be afraid to be proud of yourself. You have worked hard and deserve success. Imposter Syndrome is a real thing.

Q: A favorite mantra or quote.

R: Education is the passport to the future, for tomorrow belongs to those who prepare for it today. – Malcolm X – I relate to this quote being the first person in my family to graduate from college, let alone an advanced degree. I have tried to push and encourage those who have come after me to go as far as they can in their educational pursuits because I genuinely believe in the importance of education to young people, especially black people.

Permanent Stay Granted Against Plaintiff Seeking Supplemental Coverage

Partner John Wynne was granted a permanent stay in an underinsured arbitration on behalf of the BMM client who was a defendant in the action. In this case, the plaintiff was a passenger at the time of an apparent vehicle collision. The plaintiff received a payment from the co-defendant’s policy and sought to obtain underinsured coverage from BMM’s client.

Plaintiff asserted a claim to recover SUM (supplemental uninsured/underinsured motorist) benefits on the grounds that the co-defendant's vehicle was underinsured, and argued that she was entitled to receive the difference between what was received and what the policy offered. Underinsured coverage is an elective that the BMM client does not provide. The plaintiff’s counsel argued that there was a public policy argument in favor of creating coverage where it did not exist.

A permanent motion to stay was granted in the client’s favor, as the client did not provide supplementary uninsured motorist coverage. The co-defendant had liability coverage and tendered its full policy amount. Due to Mr. Wynne’s efforts, the client resolved the claim in a timely manner without incurring coverage costs.

Associate Ryan Rayder Shares a Touching Tribute To his Veteran Grandfather

Written by Ryan Rayder

Veteran’s day is a day I hold close to my heart. Like many Americans, growing up I heard the stories about America’s greatest generation. I was lucky enough to have one of those great Americans as my grandfather.

Thomas Lawrence McNamara, at the age of 17 followed General Patton on the European Tour during World War II. I can’t imagine the courage, bravery, and focus that my grandfather displayed during an incredibly scary and stressful time.

However, at the same time, it does not surprise me. Growing up my grandfather taught all of his 8 children and all 14 of his grandchildren the importance of standing up for what you believe in, helping others in any way that you can, and the age-old saying “you can do anything you set your mind to”.

I carry all of those same values with me today as an attorney. I miss him terribly and I am so proud to honor his memory this Veteran’s Day and every day. Please enjoy this photograph of my grandfather meeting the Russian Soldiers at Elbe River, signifying the end of World War II. 

Thomas Lawrence McNamara

Suzanne Halbardier to Speak at the Upcoming New York Asbestos Litigation Conference

Our firm is pleased to announce Executive Partner, Suzanne Halbardier will be a speaker at the upcoming Perrin Conferences New York Asbestos Litigation Conference to be held on December 7th, 2022, at the Sheraton New York Times Square Hotel. Ms. Halbardier will speak on the panel titled " Appellate and Summary Judgment Decisions".

Hosted by Perrin Conferences, the leader in joint plaintiff/defense conferences, the event speakers include prominent plaintiff and defense attorneys, in-house counsel, and insurance professionals. It also includes many opportunities for networking. To view the agenda and register please go to: https://www.perrinconferences.com/conferences/new-york-asbestos-litigation-conference-3/

Ms. Halbardier has over 30 years of experience defending manufacturers, retailers, distributors, and suppliers in high-stakes asbestos and talc litigation. Ms. Halbardier has tried many cases to verdict in New York state and federal courts. Ms. Halbardier was recently elected by the defense bar to serve as NYCAL Defense Liaison Counsel where she works closely with NYCAL Coordinating Judge, and Special Master, to coordinate discovery procedures, address ongoing issues on behalf of the defense bar and organize monthly defense meetings. For the last five consecutive years, Ms. Halbardier has been recognized as an elite trial attorney by the New York Times, New York Super Lawyers and New York Top Women Lawyers.