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CMM Secures Dismissal of Lawsuit in Federal Court in Arizona

Posted: March 9th, 2022

CMM’s litigation prowess extended far beyond New York’s borders in a recent case filed in Arizona.

CMM represented one of the defendants, a remote former consultant/independent contractor who sold his business to the plaintiff company. The company, headquartered in Arizona, commenced a lawsuit against our client and others in the Superior Court of the State of Arizona, alleging that our client and his business partner plotted to misappropriate the company’s confidential information, steal its property, and solicit and interfere with its customers and business relationships.

CMM’s team of Senior Partner Patrick McCormick and Associate Richard DeMaio strategically removed the action from Superior (state) Court in Arizona to Federal Court in the District of Arizona, and then moved to dismiss the action in its entirety based on lack of personal jurisdiction. The team argued that as an out-of-state resident and independent contractor, our client had no contacts with the state of Arizona that were sufficient to confer jurisdiction over him in Arizona. (For example, he did not own property in Arizona, never paid taxes there, and had visited only a handful of times for business meetings.)

Thanks to CMM’s hard work and strategic decision-making, the Court agreed, granting the motion to dismiss based on lack of personal jurisdiction.

CMM’s commercial litigation practice includes success at the state and federal level. Learn more about our litigation practice here.

CMM’s MacArthur Airport Economic Impact Study Reveals Unprecedented Economic and Tourism Industry Potential on Long Island

Posted: March 9th, 2022

CMM’s groundbreaking Economic Impact Study examining the potential economic impact of more inbound flights at Long Island MacArthur Airport was revealed at the HIA-LI “Future of Tourism” event on March 2. Demonstrating exponential growth potential, the study attracted enormous media attention and community support for Long Island’s hometown airport and tourism industry.

Spearheaded by Joe Campolo and his team at CMM in partnership with HIA-LI, Discover Long Island, the Town of Islip, and MacArthur Airport (“ISP”), the study is based on forecasts and assumptions regarding overall air travel capacity at ISP and general economic indicators in the Long Island tourism sector. A primary goal of the study was to demonstrate how critical both MacArthur Airport and tourism are to the Long Island economy. The staggering results are already mobilizing the business community to support the airport, Discover Long Island, travel and tourism.

Essentially, the study examined the potential economic and tourism impact if the airport increased its daily inbound flights. Using the standard metric that approximately 10% of MacArthur Airport deplanements are tourists, the study calculated the additional tourists that could be attracted to Long Island through more nonstop destinations and inbound flights. The study further calculated the spend of these tourists across the sectors of Food & Beverage, Transportation, Recreation, Retail & Service Stations, and Lodging using Long Island tourism data from the Tourism Economics database. Overall, the results show that the addition of more nonstop flights into ISP has the potential to generate unprecedented new revenue for Long Island, creating a win-win scenario to help Long Island thrive.

The Economic Impact Study follows closely on the heels of CMM and HIA-LI’s August 2021 survey that examined the current and future travel needs of the local business community. With over 500 businesses responding, the results of the survey were revealed in October 2021 and indicated that the addition of more nonstop flights from MacArthur could result in a 218 percent increase in travel dollars spent on flights at the airport – an unparalleled economic opportunity for the region. These results were instrumental in attracting Breeze Airways, the newest airline created by JetBlue founder David Neeleman, to MacArthur with its inaugural flight in February 2022.

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Scott Middleton Obtains Unanimous Verdict at Trial for Town of Smithtown in Slip and Fall Case

Posted: March 8th, 2022

CMM Senior Partner Scott Middleton successfully defended the Town of Smithtown in a recent slip and fall case, securing a unanimous verdict on behalf of the Town on the issue of liability.

In 2015, the plaintiff was putting her grandchild on the school bus in the hamlet of Nesconset when she allegedly slipped and fell on an icy residential roadway. She sustained a fractured hip and femur that required pinning of the hip and placement of an intermedullary rod in the femur. In her lawsuit against the Town of Smithtown, the plaintiff claimed that the Town’s winter plowing efforts created the icy conditions that led to her accident.

After a four-day trial on the issue of liability, Middleton established that the Town was not liable in creating the condition that caused the accident, resulting in a unanimous defendant’s verdict, saving the Town from significant legal exposure.

CMM has a proven track record in defending Suffolk and Nassau County towns and villages. Visit our Municipal Liability page to read about more successful cases.

What to Do After a Long Island Car Accident

Posted: March 4th, 2022

By: Scott Middleton, Esq. email

Tags: personal injury

Did you know that in 2020, Suffolk County had the most motor vehicle crashes in New York State?

According to the Institute for Traffic Safety Management and Research in Albany, 113 people died in traffic accidents in Suffolk County in 2020 with a total of 32,154 reported accidents. Nassau County was not far behind with 78 fatalities, just behind Queens. Being in a car accident can be a frightening experience, and since Long Island’s two counties are among the top three in New York State for auto fatalities, it’s important to be prepared and know what to do in the event of a Long Island car accident.

Steps to Take After a Long Island Car Accident

After a car accident, it’s normal to feel overwhelmed and confused, especially if you’ve never been in a car accident before. In the moment, everything can feel like a blur, and you might not know what to do immediately after the accident occurs. While every car accident is different, here are some of the crucial steps to take after a Long Island car crash:

1. Assess Your Surroundings

When an accident happens, it’s important to assess your surroundings. If you’re on a road where it’s safe to do so, and your car is operational, move your car from the travel lanes. If you cannot move your car, assess whether it is safe to stay in the vehicle or if it’s better to leave the vehicle and safely wait for emergency personnel off the road.

2. Call the Police or 911

Unless you’re in a truly minor accident that only requires exchanging information with the driver, call the police or 911. Make sure to give the dispatcher relevant information about the crash to determine the appropriate emergency responders needed on the scene. After the responding officers prepare a report, be sure to get a field report or at least the “CC#” that’s located at the top of a field report. Then, you can obtain the full accident report through the police department that responded to your accident.

The Suffolk County Police Department details their process on obtaining a crash report on their website through either visiting the Suffolk County Police Headquarters or their online request website. The Nassau County Police Department has its own process through an online request website.

A copy of an accident report can also be ordered directly from the New York State Department of Motor Vehicles. For accidents that occur on Long Island’s East End, within the five boroughs of New York City, or elsewhere, please contact us for guidance as the process may differ depending on where the accident occurred.

3. Take Pictures

It’s a good idea to take pictures of the vehicles involved in the crash if you are safely able to do so without interfering with any first responders on the scene. Make sure to capture the damage to your own vehicle as well as the other vehicles involved. Car accidents can be complex, but insurance companies will assess the damage and who is at fault. Insurance companies usually rely on witnesses and evidence to determine fault in auto accidents. Evidence includes traffic cameras, photos, injuries, and skid marks of vehicles.

4. Get Examined

If you are injured during a car crash, take advantage of the medical attention offered at the scene. If you experience any symptoms after the crash that you think might be related, seek medical attention as soon as possible by visiting your own doctor or, if the symptoms are severe enough, visit your local hospital emergency department. If you wish to pursue a case, it is important to timely begin documenting your injuries.

5. Report the Accident to Insurance

When you report your car accident to your insurance carrier, make sure to request a No-Fault application. Since New York is a state with No-Fault insurance coverage, your motor vehicle accident-related expenses may be covered no matter who was at fault for the accident. A claim for No-Fault benefits must be filed within thirty days after the date of the accident.

6. Speak with a Long Island Car Accident Lawyer

Navigating insurance claims and personal injuries after a car accident can be a stressful task. CMM has successfully represented clients in personal injury matters stemming from Long Island car accidents for decades, with multiple seven-figure case resolutions.

CMM Represents Alure Home Improvements in its Acquisition by Private Equity Firm

Posted: March 4th, 2022

CMM represented Alure Home Improvements in its acquisition by Audax Private Equity. Led by Sal Ferro since 1998, Alure has been the preeminent full-service home remodeling company on Long Island for over 75 years and has 30,000 loyal customers. Audax Private Equity has been a leader in acquiring and scaling middle market companies for over 20 years.

CMM Partner Donald Rassiger and Senior Associate Vincent Costa led various aspects of CMM’s deal team to close the sophisticated transaction. The team worked with Protegrity Advisors, our client’s M&A advisor, to close the deal.

Learn more about our M&A practice here and contact us today.

CMM Closes East End Commercial Property M&A Deal

Posted: March 3rd, 2022

Long Island’s East End real estate market is booming as sales volume increases with no signs of slowing down. Despite inventory hitting record lows, it seems that everyone wants a piece of the East End.

This is great news for our client, who owns a trucking and excavation company on the East End. The company provides demolition, land clearing, excavation, drainage, and sanitary system installation services and also specializes in all phases of site development. In addition to owning that business, our client was also a 50% partner in multiple LLCs that owned four East End commercial properties. CMM recently closed a transaction in which our client acquired his business partner’s membership in the LLCs, becoming the sole owner. Closing the deal required navigation of not just the myriad legal issues, but also the personal and emotional issues that often arise among business partners parting ways.

While “business divorce” is often challenging, CMM’s Donald Rassiger received these kind words from our client: “I can’t thank you enough for your help! It’s been a rocky road for sure, but the weight that’s been lifted was worth the wait. There are many people that are glad to finally be done with this chapter.”

With an office in Riverhead and a longtime presence on the East End, CMM represents East End clients ranging from towns and villages to small businesses in matters such as land use, municipal liability, and mergers & acquisitions.

Campolo Presents at HIA-LI Future of Long Island MacArthur Airport & Tourism Event

Posted: March 2nd, 2022

Imagine the great things we could do for travel, tourism, and the economy on Long Island if we mobilized the business community to invest in its growth? On March 2, 2022, Joe Campolo painted that picture at HIA-LI’s Future of Long Island MacArthur Airport and Tourism event as he presented the results of our new Economic Impact Study on the Airport. The study, which followed our prior survey of over 500 businesses, examined the effects of more inbound flights at MacArthur Airport.

Watch the remarks here.

Thank you to panelists Town of Islip Supervisor Angie Carpenter, Commissioner of MacArthur Airport Shelley LaRose-Arken, and Board Chairman of Discover Long Island Bryan Deluca for an informative and exciting discussion of what’s to come.

Campolo Joins Celebration for Inaugural Flight of Breeze Airways

Posted: February 22nd, 2022

Excitement was in the air on February 18, 2022 as Joe Campolo took part in a celebration for the inaugural flight of Breeze Airways from Long Island MacArthur Airport to Charleston, SC! In 2021, CMM, along with HIA-LI, created a business travel survey that was instrumental in bringing Breeze Airways to the airport. Joining elected officials and VIPs at the podium, Joe was recognized for our tremendous contribution to making this happen. With the addition of Breeze Airways, we are excited to see so many possibilities open up for the Long Island region and opportunities for further economic advancement.

Hear the remarks here.

Supreme Court Tetris: How Social Media and First Amendment Rights Fit Together

Posted: February 22nd, 2022

By: Joe Campolo, Esq. email

Tags: Supreme Court

Social media meets freedom of speech: a complicated topic I predicted would be debated among lawmakers more than 25 years ago when I first encountered Section 230 of the Communications Decency Act. Essentially, Section 230 shields internet service providers (and now – although they did not exist when the law was first passed – social media platforms) from legal liability for the content of what a user on its platform may post. This legislation was passed in 1996, and now, more than two decades later, Section 230 continues to be entangled in the web of freedom of speech online, the layers continuing to build as technology develops.

As the internet and social media grow in power, a recent case from Australia’s Supreme Court examines the role of free speech when it comes to social media platforms. And while not in the United States, in the end, a new precedent was set for media outlets being held liable for comments on their Facebook page. Let’s take a closer look.

Fairfax Media Publications Ltd v Dylan Voller; Nationwide News Pty Limited v Dylan Voller; Australian News Channel Pty Ltd v Dylan Voller

Across the globe in the land down under, Australian courts recently faced a case related to freedom of speech and social media. In this case, the Australian Broadcasting Corporation (ABC) had aired an investigative report about the mistreatment of a young man named Dylan Voller while he was in a youth detention center. Voller was a troubled youth in and out of juvenile detention since he was 11 years old for car theft, robbery, and assault. During his time at one of these correctional centers, footage of Voller in a restraining chair and wearing a spit hood was aired on an ABC TV program Four Corners. The footage led to an investigation into youth detention facilities. Media companies published additional stories about Voller’s life after this initial coverage and published links to their stories on their public Facebook pages.

In the comment sections of the media companies’ Facebook pages, many Facebook users who read the stories countered that Voller had indeed committed violent crimes and said that he beat a Salvation Army officer, causing him serious injury. Voller disputed the allegations and sued the three media companies involved for defamation, alleging that they were publishers of third-party Facebook comments. The media companies included Nationwide News, Fairfax Media Publications, and Australian News Channel.

The Supreme Court of New South Wales found in 2020 that the media companies could be considered publishers of comments left by third-party users on their public Facebook pages. The Court reasoned that the media companies had the capability to moderate and hide vulgar comments but chose not to do so. The High Court of Australia (the highest court in Australia) upheld this ruling in 2021, staring that the outlets that post links to their articles on social media are liable for comments that they invite by posting on social media platforms.

This decision is significant for media companies with public social media pages where there are often thousands of comments posted by others. This ruling has already inspired change all over the world with Facebook recently allowing publishers to switch off comments and encouraging teams to monitor their comments section more rigorously.

Indeed, the Australian government is now proposing a new bill directly in response to this decision that would hold media companies liable for defamatory comments. The only way to avoid liability would be to make sure trolls can be identified and disclosed to victims as well as any defamatory comments removed.

Bringing It Back Home

So what does this mean for the United States? It all comes back to Section 230 of the Communications Decency Act. While Facebook itself cannot currently be held liable for the content that users post on their platforms due to Section 230, perhaps the future will see media outlets held liable in the United States as well. Indeed, the COVID-19 pandemic has thrust this issue into the limelight as misinformation has spread rampantly through social media platforms.

Several bills have already been introduced with the goal of addressing COVID-19 misinformation and stripping away social media platforms’ Section 230 liability shield. One such bill is the Health Misinformation Act. Introduced by Senator Klobuchar in late 2021, the bill seeks to amend Section 230 to hold social media outlets such as Facebook and Twitter liable for the promotion of health misinformation related to any existing public health emergency, such as the COVID-19 pandemic.

It remains to be seen if and when Section 230 will be amended, but the legislation is starting to garner more and more attention as social media and free speech issues clash. In the meantime, the United States should look at the Australian decision and the outrage at public health misinformation for what it is: a warning of what’s to come as the web of social media and First Amendment rights continues to tangle.