The Friday Night Massacre

Friday Nights are usually the time of the week when the greatest number of mass-layoffs occur. This slash-and-burn technique gives the firms the ability to squeeze the greatest amount of labor out of burnt-out temps without having to pay for weekend overtime. It fattens the wallets of people like Alfred Youngwood. {Paul Weiss layoffs are especially cruel and deceptive. I have heard a bunch of accounts where people have been told to take their belongings with them during their lunch breaks due to "custodial maintenance." Minutes later, while at lunch, people receive the calls from their agencies informing them not to return to work.}

Many people believe that Anita's project is headed towards a "Friday Night Massacre." Although this project has been going through people like water through a sieve since its inception, the intensity and arbitrariness of the firings seems to have increased ten-fold. (note the recent firings of "McCauley Culkin" and the "Vivacious Italian Vixen"). Despite a workspace filled nearly to capacity, Anita has been busy all week interviewing new recruits. Meanwhile, her sidekick has been busy trolling up and down the aisles looking for fresh firing victims. He keeps a watchlist, is eager to find space for Anita's new recruits, and is voraciously thirsty for temp blood. Stay under the radar, or you might very well become a victim of the next Friday Night Massacre!

Once You Go to Arbitration You Can't Come Back to Court

In A.B. Med. Servs. PLLC v New York Cent. Mut. Fire Ins. Co., 2006 NY Slip Op 26131, decided March 17, 2006, Civil Court, Kings County, Judge Karen J. Rothenberg ruled that certain claims that were made by plaintiffs after proceding with arbitration could not be brought in court again citing Roggio v. Nationwide Mutual Ins. Co., 55 NY2d 260, 496 N.Y.S.2d 404 [1985]

If you handle arbitrations, you better read

Better Health Med. PLLC v Empire/allcity Ins. Co., 2006 NY Slip Op 50571(U) Civil Court Of The City Of New York, New York County. In this decision by Judge Thomas, while finding that this claim arose before the new regulations went into effect, the court did not find that the master arbitrator abused its discretion in upholding the award of the arbitrator finding claimant had no standing. "This Court finds that the determination by the arbitrator that fraud may be an issue in the processing of this claim does not constitute an arbitrary or capricious ruling nor is it incorrect as a matter of law."

Plaintiff's have things to prove too - about mailing.

On April 7, 2006, the Appellate Term, Second Department in
Staten Is. Chiropractic Assoc., P.C. v Long Is. Ins. Co.,
2006 NYSlipOp 50588(U),that where plaintiff merely said that it timely mailed the bills to the defendant, where the defendant said it did not receive them, this was inadequate to prove mailing.

Plaintiff's production of an any and all denial did not prove mailing of that particular bill.

Just because they don't show at the EUO....

The Regulation giveth and the court taketh away. At least sometimes it seems that way to the defense bar. The New Regulations permit insurers to deny claims for failure of a claimant or assignor to appear for Examinations Under Oath. Courts, however, have held that the insurer must include language promising reimbursement for expenses. Now it seems that the courts are imposing an additional burden or two.

In Rigid Med. of Flatbush, P.C. v New York Cent. Mut. Fire Ins. Co., the Appellate Term, Second Department affirmed an order granting plaintiff summary judgment finding that defendant failed to attach the EUO endorsement to its papers, failed to set forth proof in admissible form as to the mailing of EUO Notices.

The Public Policy is Strong with you Defendant

In New York & Presbyt. Hosp. v Auto One Ins. Co., 2006 NY Slip Op 02509, decided April 4, 2006, defendant's seeking to vacate defaults may have gotten a little help with the Appellate Division's Second Department's decision upholding a Supreme Court decision granting defendant an order vacating plaintiff's judgment.

We're Exhausted, You're Out of Luck Plaintiff

In New York and Presbyterian Hospital v. Allstate Insurance Company, 2006 NY Slip Op 02731 (Decided April 11, 2006), the Appellate Division, Second Department reversed summary judgment for plaintiff finding that Allstate had made a prima facie showing that it was entitled to summary judgment on its cross-motion by presenting an affidavit, a timely denial and payment log to other providers.

Sex and the Sweatshop

Stacking people on top of each other for 10-12 hrs. a day in sweatshop-type conditions is bound to create for some interesting social dynamics. On Anita's project, Cupid seems to have struck in some pretty unlikely places. Lovers' quarrels, hysterical crying, twisted love triangles, and vicious jealousy are now the order of the day. Interestingly enough, it seems as if there is a psychological explanation for all of this amorous insanity:

Since the mid-1980s, Cindy Hazan, an associate professor of human development at Cornell University in Ithaca, New York, has been looking into why we pair up the way we do. It turns out we long to be close to those close by.

Just as an infant forms a special attachment to his mother or caregiver, adult mates become attached to each other through a similar mechanism, Hazan and her colleagues believe. Attachment helps to secure an infant's survival; the bond between adults, while not quite so vital, provides the security and reliability they need to thrive.

Whether it's Mom or your wife-to-be, the presence of your beloved triggers the release of oxytocin, a hormone that induces a state of contentment and stimulates a desire for continued close physical contact. "Proximity is really the core of attachment. Familiar people have a calming, soothing effect on us," says Hazan. Zookeeper's logic applies here: Put two members of any species in the same cage, and they are bound to mate.

This scenario is often played out in the cage that is the workplace, where like-minded humans of both sexes are locked up for eight- to 10-hour days. "When you ask someone why he got together with someone else" Hazan says, "he will never say, 'Well, she was just hanging around,' but propinquity is a big factor. When you have repeated contact with someone, your attraction to them increases. If we have evolved to reproduce, then we shouldn't have to wander around the earth searching for an ideal partner."

What about fate bringing you and your soul mate together, no matter how many miles or office complexes away? "I'm reluctant to pooh-pooh the idea of true love, because it's such a treasured view in our culture," says Hazan. "But there is no empirical evidence to support it. First of all, anyone who has been infatuated more than once and has felt each time, 'This is the person for me!' knows it's wrong. From an evolutionary perspective, it makes zero sense."

We might declare, "I wouldn't date Bob if he were the last man on earth!" But Hazan thinks Bob would grow on us, and that a slow burn over time could boil into a full-blown romance.

Along with proximity, the attachment machine is fueled by stress. In 1973, four Swedes held in a bank vault for six days became enamored of their captors; the incident gave rise to the term "Stockholm syndrome." When 19-year-old publishing heiress Patty Hearst was kidnapped by the Symbionese Liberation Army in 1974, she was soon toting a gun, calling herself Tania and extorting money from her own family.

Hazan says that people nearby are likely partners in stressful situations, because of our natural tendency to seek comfort. "Any port in a storm will do," she says. On September 11, 2001, some strangers who were forced to walk across the Brooklyn Bridge together, or who were trapped in small spaces, reportedly clung tightly to their serendipitous "dates."

--Psychology Today, Jan/04: "Close quarters: Why we fall in love with the one nearby"

Get out the Kleenex. It is going to be a long Spring.

CLAUDIA

All has been quiet on the Anita project.

April has arrived. Three solid months of repetitive document review is beginning to take its toll. The psychological stress is slowly building. Document Review is psychologically stressful; anyone who tells you otherwise is either lying. I dare anyone, while reviewing thousand of pages of spreadsheets, to stare into a dim, luminescent screen for 1o hrs a day. It is made even more stressful at places, such as Paul Weiss, where you are forced to work 12 hour shifts in roach-infested basements. After weeks of being exposed to such soulless, mindless drudgery, people simply start to go batty. Obviously, some people are better able to handle this "stress" than others. One person who apparently buckled under the pressure was Claudia. After being on Anita's project since its inception, Claudia was evidently fired last week.

Claudia started exhibiting signs of a breakdown several weeks ago. People sitting around her noticed that she would spontaneously laugh out loud and repeatedly (under her breath) mutter, "shit, this shit, I can't take this shit."

Last week, Claudia's modest display of looniness exploded into a full-fledged case of paranoid schizophrenia. Apparently, the voices within Claudia's head caught wind of a large governmental conspiracy in which Anita, in conjunction with the document production company, the agencies, the law firms, and the United States Government were "out to get her." Claudia especially had it in for super-temp, whom she saw as being the mastermind behind the grand conspiracy. With arms flailing, Claudia would constantly chase after, hunt down, and curse out Anita, super-temp, and the first-year associates. I have to admit it was sort of amusing to see.

Blogrolling, 2d Ed.

As Nicole Black points out in a comment to the previous post, her blog Sui Generis mentioned us recently and also added us to her blogroll for New York Law Blogs. Her blog, much like Matthew Lerner's New York Civil Law blog, is a terrific resource for practitioners in NY. Nicole also has lively daily Define That Term trivia questions, and the occasional cartoon/joke/etc. Both Nicole's and Matthew's blogs can be found on our blogroll on the right side of this post.

I am certain, however, that both of them will be looking to us to answer insurance law questions that are over their heads. ;)

Eliot Spitzer: Your Former Employer Is Firing People For Talking To The Media About Work/Safety Issues

From a fellow poster:

Hello Spitzer campaign team,

There is an interesting discussion about Elliot happening at this blog, in the comments section: http://temporaryattorney.blogspot.com/ I really think that he should deal with the problem of horrid working conditions at Paul Weiss, his old firm, and large Democratic contributors. Temp attorneys {and paralegals, and other legal support personnel} have been {allegedly} exposed to fire hazards, racism, overcrowded work areas, low pay, etc. Elliot Spitzer should address this as our AG, but perhaps this problem could be solved if he just talked to the partners at Paul Weiss and advised them to improve working conditions for contract attorneys. {and paralegals, and other legal support personnel}. I apologize that I have to remain anonymous, but it is for work-related reasons. Thank you.

Yes, Mr. Spitzer. Your current office is granted with statutory authority to investigate these allegations. If you really cared about fhe working-class people in New York State, you would look into these claims of labor abuse and retaliatory discharge.

Blogrolling

Thanks to Matthew Lerner for announcing our blog on New York Civil Law. We have a permanent link to his site here, and highly recommend it.

What is Full Faith and Credit, Counselor?

Plaintiffs might be happy to be in Judge Thomas' courtroom in Civil Court, Kings County, but others might not be so lucky.
In Capri Med., P.C. v New York Cent. Mut. Fire Ins. Co. 2006 NY Slip Op 50538(U), decided on March 30, 2006, Judge Delores J.Thomas granted plaintiff's motion for summary judgment, in part because the affidavit of the accident reconstructionist was done out of state and lacked a certificate of conformity.

Anyone know of any cases going the other way?

Folks in Albany are Talking About No-Fault

Those of us who practice have to deal with the law as it is, and how it develops before the courts. Most of us rarely look at the bigger picture or bills that have not yet become law. It may interest some of you to know what legislators are thinking about.

If any of this interests you, check out the bill submitted by A. Grannis in the Senate on March 31, 2006 as bill A10545 reducing the statutory interest amount to 1% and requiring all first party no-fault suits to be submitted to arbitration. Check out http://public.leginfo.state.ny.us/menuf.cgi and put in "no-fault."

What do you think of Grannis bill?

Plaintiffs MSJ must say not denied within 30 days

In a recent case decided in Kings County, Judge Bluth held that plaintiff was not entitled to summary judgment as there was no averment in a supportive affidavit or similar paper that they claims were not denied within 30 days. In New York Craniofacial Care, P.C. v Allstate Ins. Co., plaintiff provided proof that the bill had not been paid and supportive affidavits included language to that end. They did not, however, include any mention that the claims were not denied within 30 days.

If you didn't do the work, get out of court.

Plaintiffs may not recover for services of an independent contractor.
In Craig Antell, D.O., P.C. v New York Cent. Mut. Fire Ins. Co., 2006 NYSlipOp 50521(U) on March 30, 2006, the Appellate Term, First Department affirmed a decision granting defendant summary judgment on these grounds. See also: A.B. Medical Services PLLC v Liberty Mutual Ins. Co., 9 Misc 3d 36 [2005])

Democrats: Stay Home This Year!

Alfred Youngwood makes financial contributions to the Democratic Party. If the following allegations are any indication, the Democratic Party has lost its direction. I urge all Democrats to stay home this year.

Tom -
{removed for privacy reasons}. The only days I'd had off were {} some weekends....hours of 9:30 - 11. Ugg.

I was working in the sweatshop of Paul Weiss under the supervision {removed for privacy reasons}. She was nice to me at times and at others would ask if I was billing my smile to office general. She would often make comments about what I ate, telling me that was why I was getting fat, etc, in front of the rows of people at my hellish former job. This was in addition to her announcing to myself that being a plantation manager was in her blood and motioning to the rows of African Americans working. We used to have to sign out to go to the bathroom, (I'm {X years old} and an admitted attorney), until someone started farting so much it was disturbing the entire room. We couldn't eat at our spaces and were constantly hovered. Nothing like passive aggressive bullshit.

Anyway, the point is, they blame you for the removal of all of the JD's from the projects at the hell that is Paul Weiss. Frankly, I don't care, because I am collecting unemployment, looking for a real job.

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In 2004 there were about 100 "jd paras" crammed into 2 concourse level basement rooms. One had aboout 6 inches of space on either side before rubbing up against the next person. Many of the people in those rooms were licensed attorneys.

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Hey Tom,

Thanks for writing back. Weiss is a true hellhole, worse than I expected. All the fire exits are blocked w/ boxes of documents, we have to use a public, concourse-level bathroom where homeless people bathe and "groom" (and preach the Gospel, too) there was a roach problem recently from other temps leaving food/crap in the basement, so the place stink of roach spray/bombs and there's Combat roach motels all over the place. The computer monitors are circa 1989 and the tubes are going bad, so the docs are very hard to read as the type/fonts are blurry. Also the ducting from the offices is ripped apart from a half-assed construction project and hot stale air from above pours in & makes the work space a constant 82-85 degrees.
On the bright side, there is no supervision whatsoever. Most people spend 1/2 to 3/4 of the day bullshitting, doing puzzles/games, reading pulp novels, and listening to ipods, etc. I feel like a leper.

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Hey Tom,

Weiss pulled a real bait & switch- 2 days after I started they bumped the mandatory weekday hour from 9 am -8:30 pm to 9am- 11pm! A fourteen hour day! We must take an hour lunch and a half-hour dinner, both unpaid, so we get paid for a 12.5 hour day! And 10-6 on Sat. is also required. Like it or lump it! All this for $21 an hour straight, time & half for OT. And we had a meeting today where the staff lawyer basically told us we were all morons, and to NEVER bother or speak to or breath near a real associate, b/c they don't have time to waste w/ us peons. She tried halfway hard not to be too condesceding, but it really does come screaming thru! She's always sending emails that begin w/ "Don't take this the wrong way, but..........."

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Being a biglaw attorney or doc. reviewer is truly the most miserable job in the world. I have never felt so utterly abused, degraded, condescened to, and just plain worthless. Weiss is the most miserable environment I've ever worked in.

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I feel like a leper. You were right on with your comparison to Triangle Shirtwaist. When I leave Weiss I'm calling 311 and reporting them for fire code violations, though they're so rich and connected I doubt anything would happen.