In the world of hard-nosed litigation, evasive witnesses and factual positions that seem like moving targets are commonplace. All too frequently overlooked in litigation is perhaps the most effective of all components of an attorney's toolbox - the Corporate Designee Deposition.
Also known as a 30B-6 deposition federally, this discovery tool is favored by our courts - both state and federal - as a means to simplify and streamline litigation - so that the parties are left with one operative set of facts. The law surrounding these depositions is complex, but can be harnessed to do the best we can to protect our clients. This program, taught by nursing home litigators David Cohen and Elliott Kolodny, will teach practitioners best practices for using Corporate Designee depositions to build your case.
This course originally appeared as a part of our February 2020 Bridge the Gap Event.
Certified by the Supreme Court of New Jersey as a Civil Trial Attorney.
Decades of legal advocacy for consumers in obtaining nursing home negligence settlements and litigation for those harmed by Corporate Abuse Committed by the Nursing Home Industry.
Litigation Support and Consultation for attorneys litigating against the Long Term Care Industry. Register for one of Cohen's Continuing Legal Education Programs on Nursing Home Litigation - 93 minutes.
Advocacy for Consumers through third-party tort litigation and legal malpractice lawsuits who have been harmed by excessive divorce costs and other harms resulting from malpractice and Divorce Attorney Billing Abuse.
Specialized Client Representation and Attorney Instruction:
Elder Abuse and Assisted Living Facility Litigation
Member, New Jersey State Bar Association
Past Chair of Public Education, Mercer County Bar Association
Past Chair of the National Nursing Home Litigation Group of the American Association for Justice
Past National Chair, American Association for Justice – Sections and Litigation Group Coordination Committee
Chair of over 35 National and State level instructional attorney seminars on Nursing Home Litigation through the American Association for Justice, The New Jersey Association for Justice, The New Jersey Institute for Continuing Legal Education - and others.
United States District Court, District of New Jersey
United States Court of Appeals, Third Circuit
J.D., Rutgers University School of Law – Camden, 1989
B.A., Economics and Philosophy; George Washington University, 1986
Co‑counsel on trial team generating the largest nursing home verdict in New Jersey history, Dwyer v. Harborview – in the amount of 13.2 million dollars.
After hearing 7 weeks of evidence and witnesses, which included photographs of stage IV pressure ulcers (bedsores), evidence of lethal levels of nutritional deprivation, plaintiff’s contentions of falsifications in the medical record and plaintiff’s contentions of inadequate staffing and care, the jury returned with the largest verdict in Hudson County history. Immediately following the verdict, numerous post-verdict filings were made by both the plaintiff and the defense. Over one year after the verdict, the trial judge determined that it had given improper instructions to the jury, as a consequence of the opinions expressed in the text of an unrelated decision released on a different case (that had not been released until nearly a year after this verdict). However, the content of the instructions at issue in Dwyer were agreed upon by Plaintiff, the defense and the Court itself. The Court ordered the parties to re-try the case. Soon, the case found its way before the Appellate Division (a higher-level court), with Plaintiff’s contention that the trial court’s instructions were proper, were wholly in line with the as-yet unreleased and unrelated decision and were unassailable by virtue of the fact that they were acceded to by the defense.
For those reasons, Plaintiff’s filing with the Appellate Division demanded that the $13,200,00 verdict remain intact.
While that issue was pending in the appellate court, the case resolved confidentially for an undisclosed sum.
The verdict was the subject of an intense two-day attorney instructional seminar in Washington, DC, co-chaired by Cohen, numerous local and national articles, received coverage on the front page of the New York Times and remains the largest nursing home verdict in New Jersey History.
INVESTIGATION WITH U.S. ATTORNEY’S OFFICE
Worked directly with the United States Department of Justice on the matter of United States v. Mercer County. This is the only CRIPA (Civil Rights of Institutionalized Persons) claim ever brought by the United States Government against a New Jersey Nursing Home. Cohen worked closely with both investigators and the U.S. Attorney’s Office - on a confidential basis prior to release of findings - in uncovering sub‑standard conditions at a facility known then as the Mercer County Geriatric Center. The coordinated effort resulted in not only a lawsuit filed by the United States against Mercer County Geriatric Center, but additionally the appointment of significant oversight – leading to higher quality care for the residents at that facility.
Elliot Kolodny founded Nursing Home Guardians as a way for families to protect their loved ones in nursing homes. For years, Elliot was devoted to representing nursing home residents as an attorney. He saw firsthand the growing number of incidents of neglect in nursing homes that could have easily been avoided. Frustrated that these problems were occurring in even the “best homes” he created Nursing Home Guardians as a tool to help families make sure that their loved ones do not become victims of abuse and neglect.
Before establishing Nursing Home Guardians Elliot was a veteran trial attorney whose practice focused on representing victims of catastrophic personal injury. He received his J.D. from Syracuse University’s College of Law and his undergraduate degree from Colby College. With over 25 years of courtroom experience, Elliot has tried cases in federal and state courts in Pennsylvania and New Jersey, as well as appeals in the Superior and Commonwealth Courts of Pennsylvania and the U.S. Third Circuit Court of Appeals.
Elliot has been a frequent lecturer to other attorneys throughout the state of Pennsylvania. He was an adjunct professor at Rutgers Law School and has lectured at the University of Pennsylvania and nursing homes. Elliot has appeared on Good Morning America, KYW/CBS, WPVI/ABC, WCAU/NBC and WTFX/Fox. He was featured in the book Cape May Courthouse: A Death in the Night. He was named a “PA Superlawyer” in 2011, 2012 and 2013.
Elliot now devotes 100% of his time to helping protect nursing home residents from abuse and neglect.