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Anjelica Cappellino, J.D.
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Anjelica Cappellino, J.D. is an accomplished defense attorney and legal writer who has represented numerous federal criminal defendants in the Southern and Eastern Districts of New York. Contact: acappellinoesq@gmail.comArticles by Anjelica Cappellino, J.D.
Philips Recalls Ventilators and Sleep Apnea Devices: The Potential for Litigation
The recall is due to health risks associated with the sound abatement foam. The foam component reduces the sound of the device. However, the recall cites the danger for the foam to degrade into particles. These foam particles may then…
Posted on in Featured & Litigation Monitor & NewsSupreme Court Denies Johnson & Johnson’s Appeal of $2.1 Billion Verdict
The highly publicized, nearly decade-long lawsuit over Johnson & Johnson’s popular baby powder products has finally come to an end. The United States Supreme Court recently denied J&J’s writ of certiorari to appeal the $2.1 billion verdict. This sum was…
Posted on in Featured & Litigation Monitor & NewsCOVID-19 Commercial Litigation Updates
One of the biggest financial consequences of the COVID-19 pandemic has been a huge uptick in various commercial litigation lawsuits. Unprecedented times have made for unprecedented financial losses. This, in turn, has left the courts to decipher many novel issues…
Posted on in COVID-19 & Featured & Litigation Monitor & NewsTips for Physicians Conducting Independent Medical Examinations
The goal of IMEs is to render an unbiased opinion of the party’s injuries. Defense counsel, an insurance carrier, or an employer will typically request an IME. They’re requested to resolve disputes on the injury’s cause, to clarify the extent…
Posted on in Featured & Resources for Experts & Trial Tactics & Working with ExpertsWhen Expert Testimony is Necessary to Establish Attorneys’ Fees in Florida
The law and ethical rules dictate that a lawyer’s fee must be “reasonable.” In civil litigation, the topic of attorneys’ fees may arise when the prevailing party seeks said fees as part of their award. On the other side of…
Posted on in Finding & Selecting Experts & Working with ExpertsExculpatory Clauses: A State-by-State Comparison
Exculpatory clauses in contracts are used to limit or extinguish the liability of one party whose negligence caused another’s injuries. These clauses, which can take the form of waivers, assumption of risk agreements, indemnity clauses, and others, relinquish one’s right…
Posted on in Establishing LiabilitySupreme Court Defines “Autodialer” Under the Telephone Consumer Protection Act
In April 2021, the United States Supreme Court issued an opinion resolving a long-standing circuit split on the definition of an automatic telephone dialing system. Such a system, also known as an ATDS or autodialer, has been a point of…
Posted on in Litigation Monitor & NewsExpert Finances: Tips for Managing Your Payments
For many experts, this flexibility to contribute to legal cases is a welcome professional outlet apart from their primary job. However, experts are most likely not approaching consulting roles for the associated administrative tasks. Payment is, of course, an essential…
Posted on in Contracts, Retainers, & Reports & Resources for ExpertsSouthern District of NY Denies Summary Judgment in COVID-19 “Contamination Exclusion” Insurance Case
The Honorable Analisa Torres of the U.S. District Court for the Southern District of New York recently issued a notable COVID-19 insurance decision. The opinion may set precedent for how the district interprets insurance policies and business interruption losses related…
Posted on in COVID-19 & Litigation Monitor & NewsA Guide to Paraquat: The Next Big Mass Tort
Over a dozen lawsuits are pending against several manufacturers of Paraquat. The suits allege that exposure to the highly toxic herbicide causes Parkinson’s disease. Paraquat’s toxicity is far from new information. It’s highly regulated and can only be used by…
Posted on in Litigation Monitor & News