IME Diagnostic Testing Rights: What NY Claimants Need to Know
Learn your rights regarding diagnostic testing during Independent Medical Examinations in New York. Expert guidance for Nassau & Suffolk County claimants.
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November 2009 Articles
26 articles published in November 2009
DWI Consequences: No-Fault Benefits and Life Sentences in New York
Learn how DWI convictions can result in loss of no-fault benefits and life sentences for repeat offenders. Expert DWI defense in Nassau & Suffolk County.
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Motion Return Date Adjournments in New York Courts – Expert Legal Guidance
Learn when New York courts will grant motion adjournments and the consequences of appearing unprepared. Expert legal guidance for Nassau & Suffolk County cases.
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A plaintiff may voluntary discontinue an action on motion absent prejudice to the defendant
New York courts allow voluntary discontinuance of civil actions without prejudice absent special circumstances or defendant prejudice under CPLR 3217(b).
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A civil court judge correctly rejects a so-called Wagman based peer hearsay challenge
New York civil court judge correctly rejects Wagman-based peer hearsay challenge in medical expert testimony case, analyzing evidentiary standards for expert opinions.
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If you detail a procedure, you must make sure you demonstrate that it was followed
Learn why New York attorneys must demonstrate procedural compliance when seeking to vacate defaults based on law office failure in Nassau and Suffolk County courts.
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Understanding Account Stated Claims and Medical Billing in New York No-Fault Cases
Understanding account stated claims and service verification in New York no-fault medical billing disputes. Expert legal guidance from experienced NY attorneys. Call 516-750-0595.
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Understanding Staged Accident Allegations in New York Insurance Claims
Understanding staged accident allegations in New York insurance claims. Expert legal defense against fraud accusations from experienced NY personal injury attorneys. Call 516-750-0595.
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Understanding Pedestrian Contact Defense in New York Personal Injury Cases
Understanding the "I was there but never hit you" defense in NYC pedestrian accidents. Expert legal analysis from experienced NY personal injury attorneys. Call 516-750-0595.
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Concerns about the use of a first-party no-fault IME to support a third-party defendant's summary judgment motion
Understanding how no-fault IME findings affect third-party personal injury lawsuits in NY. Expert legal analysis from Long Island attorneys. Call 516-750-0595.
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A prima facie case of medical necessity?
Understanding medical necessity proof standards in NY personal injury and no-fault cases. Expert legal analysis from Long Island attorneys. Call 516-750-0595.
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Equitable considerations now invade no-fault law
How equitable considerations are changing NY no-fault insurance law. Expert analysis from Long Island personal injury attorneys. Call 516-750-0595.
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NY Acupuncture Prima Facie Defense: Chiropractor Rate Limitations Upheld
Learn how NY courts established prima facie defense for acupuncture fee disputes, limiting coverage to chiropractor rates. Expert analysis for Long Island & NYC patients.
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NY Acupuncture Fee Schedules: Licensed Practitioners Limited to Chiropractor Rates
Learn how NY courts limit acupuncture practitioners to chiropractor fee schedules in no-fault cases. Expert analysis for Long Island & NYC alternative medicine coverage.
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NY No-Fault: When Treating Doctors Must Challenge IME Medical Necessity Findings
Learn when treating doctors must meaningfully disagree with IME findings in NY no-fault cases. Expert analysis of medical necessity disputes for Long Island & NYC injury victims.
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on file"
Learn about NY signature on file requirements for assignment of benefits forms. Expert analysis of verification procedures and no-fault insurance law.
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Business records – when was the data entered and who could enter it?
Learn about NY business records requirements for electronic data entry and computer records. Critical evidentiary rules for Long Island and NYC attorneys.
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Assignments and business records – a deadly combination
Expert analysis of NY business records exception and assignment of benefits requirements. Learn how to avoid costly procedural pitfalls in Long Island and NYC courts.
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CPLR 3404 and the untimely motion to restore that was (in effect) deemed timely
CPLR 3404 case analysis: Kahgan v Alwi explores rebuttable presumption of abandonment when trial motions aren't calendared, with implications for Civil Court actions.
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A physician's affirmation and a chiropractor's affidavit will prove the lack of medical necessity of medical equipment
Expert analysis of medical equipment peer review determinations in New York no-fault insurance cases. Understanding evidence requirements and medical necessity standards for Long Island practitioners.
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An affidavit is not be admissible at trial – You knew this already
Learn why affidavits cannot be used at trial in New York courts. Expert analysis of evidence rules, cross-examination requirements, and litigation strategy for Long Island and NYC attorneys.
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Why does a Malella defense surive an untimely disclaimer, while a workers compensation defense doesn't?
Understanding the inconsistent disclaimer requirements for Malella defenses versus workers compensation defenses in New York no-fault insurance cases.
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The chiropractor rate is all that an acupuncurist is entitled to
Understanding acupuncture fee schedule requirements in New York no-fault cases. Legal guide on chiropractic rate reimbursement for acupuncture providers.
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IME No-Show – Personal Knowledge
Learn what satisfies the personal knowledge requirement for IME no-show defenses in New York. Expert legal analysis from experienced personal injury attorneys.
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What really happened in St. Barnabus v. Allstate
Deep dive into St. Barnabus v. Allstate case reveals critical lessons about no-fault insurance defense strategy and affidavit support for Long Island & NYC residents.
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Can a Declaration of Non-Coverage that Arises from a Co-Defendant's Default be Considered Collateral Estoppel Against the Appearing and Answering Defendant?
Learn about collateral estoppel and privity in NY no-fault insurance cases. Expert analysis of State Farm v. Frias for Long Island & NYC residents facing insurance disputes.
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