Nicole Christman concentrates her practice in complex commercial litigation and transactional matters for private international/national clients and insurance carriers. Her experience includes litigating and resolving business and corporate conflicts, product liability, employment issues, counsel to medical and health care clients, cyber security/data privacy, contractual issues, entertainment/media, intellectual property and compliance in the areas of drugs, dietary supplements and cosmetics.
- New York
- New Jersey
- U.S. District Court
- New Jersey
- Eastern District of New York
- Southern District of New York
- Southwestern Law School – J.D.
- University of California, Irvine – B.A.
- Fox, et al. v. Mark, et al., 181 A.D.3d 560 (2d Dept. 2020) – Successfully defended, on Appeal, a Decision and Order granting summary judgment and dismissing claims asserted against our client, a home health aide, involving the alleged loss of the right of sepulcher and negligent infliction of emotional distress. Plaintiff’s claim was that our client failed to timely notify him of the death of his mother, which occurred after the home health aide had left for the evening. The following morning, the home health aide could not gain access to the apartment in which the decedent resided. The decedent was later discovered by plaintiff, when he went to investigate why his mother had not returned his phone calls earlier that day. We successfully established that no duty of care ran to the family members of the decedent to notify them of the death of the decedent, since our client did not have access to, or actual possession of the decedent’s body. The case presented a very narrow issue on liability extending to health care providers and the proper handling of a body after death. These issues are particularly timely in the wake of the COVID 19 Pandemic.