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White Plains team wins summary judgment in U.S. District Court

May 17, 2010

Alan B. Friedberg (Partner-White Plains) and Milan P. Spisek (Associate-White Plains) were granted summary judgement in U.S. District Court, Southern District, by Judge Laura Taylor Swain in a matter pertaining to civil rights and medical malpractice. The claim was brought by an inmate incarcerated in a New York state penitentiary against a hospital located in White Plains, NY.

The plaintiff, a convicted murderer, claimed his renal failure was treated with deliberate indifference by staff members at the hospital that was represented by Wilson Elser. The claim was prosecuted for more than a decade and initially survived a motion to dismiss made by the self-represented plaintiff. Judge Swain allowed extensive discovery to proceed that included taking despositions from more than a half-dozen doctors and experts throughout the East Coast by court-appointed counsel.

Upon completion of discovery, Judge Swain allowed renewal of the summary judgement motion. Wilson Elser crafted clear and convincing arguments based on the extensive pretrial testimony supporting the client's right to dismissal of the discrimination claims.  Judge Swain accepted these arguments and also ruled she would not allow the medical malpractice claims to continue in federal court.

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