In the News Archives - Mark Goidell

Northport High School Mock Trial Team Advances to NYS Championship

The Northport High School mock trial team – coached by Mark E. Goidell and David Lazer – will advance to the New York State Mock Trial Championship on May 23-25 after successfully defending its 2019 Suffolk County championship title.

Northport was ready to defend its crown last year, but the competition was cancelled due to the COVID-19 pandemic. This year, the team competed remotely for several weeks before repeating as Suffolk County champs. They will be one of eight teams moving on to the state championship.

The New York State Mock Trial Program

The pandemic has had wide-ranging consequences, including the cancellation of school programs. The Mock Trial competition sponsored by the New York State Bar Association was one such casualty. The defending Suffolk County champions, Northport High School, coached by attorneys Mark Goidell and David Lazer, were prevented by the pandemic from defending their crown. This was extremely disappointing to the team and coaches, but especially painful for the seniors. They were an extremely talented and hard-working group. We wish them much success and good health in college and beyond.

Mark Goidell Volunteers for COVID-19 Research Study at Stony Brook Medicine

Attorney Mark Goidell was the first volunteer to donate convalescent plasma for a pioneering research study at SUNY-Stony Brook Medical School, where researchers are looking to determine if patients hospitalized with COVID-19 can be treated with the blood plasma from those who recovered from the virus. Mr. Goidell and his wife Lynn contracted the virus in early March of this year and fully recovered. After being free of COVID-19 for a few weeks, Mr. Goidell donated his blood plasma twice for the study. Continue reading “Mark Goidell Volunteers for COVID-19 Research Study at Stony Brook Medicine”

The Faithless Servant Doctrine

By Mark Goidell, Esq.
Nassau Lawyer
Click here to view PDF

Printed with permission by the Nassau County Bar Association

One of the most draconian remedies in our jurisprudence arises in claims that employees violate their duty of loyalty to their employers by faithless misconduct. The faithless servant doctrine provides for the forfeiture of employee compensation during the period of disloyalty. “An employee ‘forfeits his right to compensation for serviced rendered by him if he proves disloyal.'” Continue reading

APPELLATE DIVISION CASE UPDATE

Click to share

Four of Mark’s cases have recently been decided by appeals courts in the First and Second Judicial Departments. Collectively, they teach lessons in aggressive litigation strategies.

In three of the cases, Mark made pre-answer motions to dismiss the complaints. Each of the motions was successful in the Supreme Court. Two of the three were affirmed on appeal, and the other was reversed.

In one case, Mark successfully appealed a $1.75 million dollar judgment entered against Mark’s client, resulting in the reversal of the judgment and the underlying summary judgment order. Continue reading “APPELLATE DIVISION CASE UPDATE”

The Developing Right to Treatment for Opioid Use Disorder in Jails, Prisons

By Mark Goidell, Esq.
New York Law Journal
Click here to view PDF

Recent significant legal developments may convince jails and prisons throughout the nation to meaningfully address the opioid and fentanyl epidemic that pervades correctional centers and society in general. A preliminary injunction was granted by a federal district court judge in Massachusetts requiring a county jail to administer methadone to a person entering the institution with opioid use disorder (OUD). Across the nation, a federal district court judge in Oregon approved a multi-million dollar settlement of a wrongful death claim brought by the family of a woman who died in custody without being administered medication or any other treatment for opioid withdrawal. Continue reading “The Developing Right to Treatment for Opioid Use Disorder in Jails, Prisons”

1st Circuit nixes suits against lawyers and auditors of defendants in prior case

By Sheri Qualters
Law.com National Law Journal

Plaintiffs may not proceed with class actions against lawyers and auditors who worked for the defendants in an earlier class action, the U.S. Court of Appeals for the 1st Circuit has ruled.

On Sept. 22, a unanimous panel held that a constructive trust established by the judge in the first action could not reach payments made by the defendants to lawyers and accountants in exchange for services. It also ruled the new class actions were entirely new lawsuits, not enforcement actions for the prior case, and they could not proceed unless the class was certified anew. Continue reading “1st Circuit nixes suits against lawyers and auditors of defendants in prior case”

Successful class can’t get opposing counsel’s fees

By David E. Frank
Massachusetts Lawyer Weekly

A group of plaintiffs who won a $256 million federal fraud judgment could not use its class status to lay claim to the fees earned by the lawyers on the other side of the case, a judge has ruled.

The class of nearly 260,000 plaintiffs, who recovered the award against Cambridge Credit Counseling Corp. in March 2009, argued that the fees collected by two national law firms were subject to a constructive trust entered in the underlying case. Continue reading “Successful class can’t get opposing counsel’s fees”

Former Congressman’s Defamation Suit Against Columnist Goes Forward

By Mark Hamblett
New York Law Journal

A federal judge has refused to dismiss a slander suit brought by former California Congressman Gary Condit for statements made by columnist Dominick Dunne about the disappearance and death of Chandra Levy.

Southern District Judge Peter K. Leisure said yesterday that Mr. Condit has asserted enough facts to survive dismissal, based on comments Mr. Dunne made about the Levy case on three national talk shows and at dinner parties where he regaled guests with rumors concerning the congressman. “This action brings the Court to the tire-streaked intersection of the right of one citizen to protect his reputation and the right of another citizen to speak freely,” Judge Leisure began in Condit v. Dunne, 02 Civ. 9910.The decision will be published Monday. Continue reading “Former Congressman’s Defamation Suit Against Columnist Goes Forward”

Category: In the News