IME Watchdog v. Baker, McEvoy, Morrissey & Moskovits, P.C. (2017)
Plaintiff in this case is a litigation vendor that assigns observers to accompany personal injury plaintiff’s to defense physical examinations. Defendant is a law firm who, during the representation of its clients would make motions seeking to prohibit observers from attending physical examinations with personal injury plaintiffs. Plaintiff commenced an action seeking damages and injunctive relief against the law firm. The trial court took the unusual step of issuing a preliminary injunction prohibiting the defendant from making any motions to preclude examiners in any of its cases. On appeal, we succeeded in having this order reversed. The Appellate Division, First Department found that defendant was immune from suit and that plaintiff failed to prove a likelihood of success on the merits. Additionally, the First Department agreed with our position that this case was brought in the wrong venue and reversed the trial court’s order which refused to have this case moved to the correct venue.