Marc Kaim Of Counsel




Marc Kaim focuses his practice on civil litigation, including nursing home negligence, medical malpractice, general liability, commercial ground transportation, products liability, insurance coverage, employment litigation and professional liability. He has represented health care professionals in disciplinary hearings and deposition testimony, and has counseled health care institutions on employment issues.

Marc has extensive experience defending large corporate entities in high-exposure tort claims and high-profile employment matters; and he has counseled insurance companies in multimillion-dollar subrogation claims and high-profile personal injury matters. He has successfully tried numerous bench trials and defended clients during binding arbitration. Marc is familiar with all facets of trials and post-trial arguments.

Marc takes the time to understand how and to what extent the legal issues will affect his clients in real-world terms. Armed with that knowledge, he is able to establish a route to resolution of those issues and to achieve the best result for his clients.

Areas of Focus

Construction Industry
Marc represents construction companies in various matters, including Scaffold Law claims under New York Labor Law § 240, highway construction accident claims, premises liability claims stemming from construction activity and wrongful death allegations. He counsels clients in various related industries regarding risk prevention and compliance with state and federal regulations.

Professional Liability
Marc represents physicians, nurse practitioners, dentists, engineers and control systems specialists, as well as hospitals, medical practices groups and nursing homes that have been sued for malpractice. He also defends professionals facing disciplinary charges before state agencies.

Insurance Coverage
Marc frequently counsels clients, including insurance carriers, on various matters related to insurance coverage. He has handled insurance coverage-related claims in declaratory judgment actions and other litigation, and in matters involving liability coverage, casualty insurance and claims under ERISA.

Medical Malpractice
Marc defends hospitals and physicians in medical malpractice cases arising in all areas of medical specialty and involving all types of claims, from brain-damaged infants to failure to diagnose cancer. He also defends dentists, podiatrists, laboratories and telehealth providers.

Long-Term Care Facilities & Nursing Homes
Armed with knowledge of the state and federal regulations that pertain to long-term care facilities, Marc handles cases in connection with nursing homes that typically arise from the development of decubitus ulcers, falls that lead to fractures or brain injuries, and allegations of failure to diagnose or properly treat a patient. To limit or avoid punitive damages available to plaintiffs under local or federal statute, he employs strategies for getting claims dismissed and arguments for limiting the use of evidence during the liability phase of a trial.

Transportation, Cargo & Logistics
Marc has broad experience with surface transportation matters, including bodily injury, employment, premises liability, contractual, product liability and regulatory matters. He has handled class actions in the transportation area, and often is involved in transportation matters for a number of Canada-based insurer and insured clients.