Madsen Law P.C. is proud to announce that Bertrand Madsen has been selected by Thomson Reuters to the 2019 New York Metro Super Lawyers. Published annually, Super Lawyers is the leading directory of outstanding attorneys across 70 practice areas. Mr. Madsen was nominated – for a fourth consecutive year – as a “Top Rated Business Litigation Attorney in New York.”
Madsen Law P.C. won a commercial litigation in New York federal court, in which we represented an investment firm in a dispute with a publicly-traded company. The case stemmed from a breach of a convertible promissory note issued in favor of our client. The note was “convertible” because it allowed our client to convert, at a discount, any portion of the money owed on the note to shares of the issuer’s common stock. When our client exercised the right of conversion, the issuer failed to deliver its stock. The case raised complex issues under New York law. The issuer maintained that the note was void ab initio because specific features of the note allegedly caused its effective annual interest rate to exceed 25%, in violation of New York’s criminal usury laws. Madsen Law P.C. successfully defeated the issuer’s motion to dismiss, conducted targeted discovery, and swiftly moved for summary judgment. On August 23, 2019, Colleen McMahon, Chief Judge of the United States District Court for the Southern District of New York, ruled in our client’s favor and awarded it full damages, including fees and costs of litigation.
Madsen Law P.C. is pleased to announce that, for a second consecutive year, Bertrand Madsen was recognized as a “Top Rated Business Litigation Attorney in New York” by Thomson Reuters. Every year, Thomson Reuters’ rating service “Super Lawyers” identifies outstanding attorneys from more than 70 practice areas who have attained a high-degree of peer recognition and professional achievement. Fewer than 5% of all New York attorneys are designated “Super Lawyers.” Mr. Madsen, who had received this distinction in 2016, was once again selected in 2017 for his business litigation expertise and service to the firm’s clients.
Madsen Law P.C. successfully obtained the dismissal of two federal cases brought against its clients alleging violations of the cruel and unusual punishment clause of the Eighth Amendment of the United States Constitution. In Buekas v. Linaweaver et al., No. 14 Civ. 9457 (LAK)(FM) (S.D.N.Y.), we represented the warden of a federal prison in Manhattan in a lawsuit brought by current and former inmates who claimed that the warden and other prison staff members subjected them to harsh working conditions for approximately eighteen hours to repair a malfunctioning pump and to clean an unsanitary flood in the prison’s basement, posing an unreasonable and unjustifiable risk of harm to their health. Adopting the arguments put forth by Madsen Law P.C., U.S. Magistrate Judge Frank Maas recommended that the complaint be dismissed because, among other things, the warden was immune from suit pursuant to the doctrine of qualified immunity. U.S. District Judge Lewis A. Kaplan agreed and dismissed the lawsuit in its entirety.
In Gjini v. United States et al., No. 16 Civ. 3707 (KMK) (S.D.N.Y.), the estate of an inmate who committed suicide filed a lawsuit against our client, the psychologist of a federal detention center, alleging that the psychologist had been deliberately indifferent to the inmate’s medical needs. On June 15, 2017, U.S. District Judge Kenneth M. Karas dismissed the lawsuit after Madsen Law P.C. argued in a motion to dismiss that its client had actively cared for the inmate and had acted promptly in attending to his mental health needs.