Long Island Legal Briefs May 30, 2003

Long Island Business News, May 30, 2003 by Rosamaria Mancini

Enviro groups sue over concerts set for Pine Barrens

The Long Island Pine Barrens Society and six other environmental groups filed suit this week in state Supreme Court to block rock concerts scheduled for the Pine Barrens this summer. The plaintiffs seek an environmental review.

The suit charges that the Town of Riverhead, which has approved the concerts, violated state environmental law by failing to consider matters such as police protection, traffic control, emergency services and potential drinking water contamination. The suit also charges the New York State Pine Barrens Commission with dereliction of duty, for failing to review this "project of regional significance" and for failing to protect the Pine Barrens preserve.

"Our local officials are not merely acting irresponsibly, they're breaking the law when they move ahead with an enormous threat to the environment and public health and safety without the legally required review," said Pine Barrens Society Executive Director Richard Amper.

Among the concerts set for this summer are events scheduled for June 7-8, which will feature artists such as the Beastie Boys, Beck and Radio Head.

Spitzer settles with Echostar

EchoStar Communications Corp., one of the nation's leading satellite television service providers, has settled a lawsuit brought by 13 states concerning the sales practices of its Dish Network.

Under the terms of the settlement, EchoStar agreed to pay $5 million, including $3 million for consumer restitution. The state of New York will receive about $230,000 for restitution and $100,000 to cover the costs of its investigation. "Companies seeking to do business in New York must adequately disclose all material information prior to purchase so consumers can make informed decisions," said State Attorney General Eliot Spitzer. The settlement requires EchoStar to disclose clearly all fees for which customers will be held liable, including those associated with early cancellation.

And under the settlement future customers who seek to cancel service prior to their contract's termination will have the option of paying the lesser of the contract balance or the termination fee.

The states commenced an investigation of EchoStar during the summer of 2001 after hundreds of customers complained that EchoStar had assessed a $240 fee when they canceled service during their one- year contract. The customers claimed that EchoStar failed to reveal this termination fee when they signed up for the Dish Network. They also said EchoStar refused to refund any amounts that customers prepaid for a year's worth of service and that EchoStar automatically charged their bank accounts or credit cards without their authorization when it assessed the undisclosed fees. Echostar did not return calls for comment on the settlement. Joining New York State in settling the case with Echostar were California, Colorado, Connecticut, Florida, Georgia, Illinois, Louisiana, Minnesota, New Jersey, Ohio, Oregon and Wisconsin.

Ruskin Moscou adds two attorneys

Syma Shulman Levine and Stephen Kesselman have joined Uniondale- based Ruskin Moscou Faltischek, expanding the firm's capabilities in the areas of health law and litigation. Levine, who joins the health law department as an associate, received her juris doctorate from Harvard Law School. She has extensive experience in a number of practice areas, including employment counseling and general, corporate and commercial litigation. Kesselman also has represented a broad range of clients, including Fortune 50 companies, in complex commercial litigation and arbitration matters. The Cornell Law School graduate joins the firm in an of counsel role and brings accountant's liability, contract, employment, health care, real estate, and securities laws experience to the firm. Melvyn Ruskin, senior partner in the firm, said the additions would significantly benefit the firm's clients. "Both Syma's and Stephen's legal insights and experience in employment, business law and litigation adds to the skill level of our already seasoned team of attorneys," Ruskin said.

Certilman Balin expands RE practice group

Anthony Ficara, a former manager of small shopping center for Anton properties, has joined East Meadow-based Certilman Balin Adler & Hyman as an associate in the real estate practice group.

Ficara, who received his juris doctorate from Hofstra University School of Law, will concentrate his practice in all aspects of commercial and residential real estate including contracts, leases, new construction closings, commercial and residential lending and land use.

Survey: Lawyers are at fault for skyrocketing insurance

Nearly seven in 10 consumers polled blamed attorneys and the legal system for surging medical malpractice rates, a new online survey reported.

The survey, conducted by Weiss Ratings, found that 68.6 percent of consumers held attorneys and the legal system at fault for soaring medical malpractice rates.

Respondents also blamed insurance companies (12.5 percent), doctors/hospitals (11.5 percent) and medical patients that brought actions (4.6 percent). About 2.8 percent of respondents to the survey blamed other factors. The results were based on the voluntary responses from 1,340 individuals who visited the firm's Web site [www.weissratings.com]. David Lackey, president of Weiss Ratings, said it's not unusual for consumers to point fingers at lawyers because they are easy targets. "Especially when capping large jury awards had been singled out as the key to lowering medical malpractice premiums," he said.