The Appellate Division weighs in on the mailing paradigm
Appellate Division ruling on mailing paradigm requirements for DMV license suspension notices, addressing witness testimony standards and procedural evidence rules.
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2010 Legal Articles
239 articles published in 2010
239
Total Articles
12
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Featured Articles from 2010
Very interesting discussion involving a nurse’s standard of care in the medical malpractice realm
Appellate Division ruling on nurse malpractice expert qualifications - home infusion therapy standard of care requires specialized experience for competent testimony.
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Standing in a direct first party case is waivable
Court rules standing defense waivable in no-fault insurance cases when not properly raised in answer or pre-answer motion, emphasizing proper pleading procedures.
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It was a good run at the cards
Appellate Term ruling on medical necessity motions in no-fault insurance cases, examining hearsay rules and evidence standards for Nassau County plaintiff firms.
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Prior rulings on acupuncture fee schedule and proof needed to oppose a medical necessity motion stand
New York appellate court clarifies acupuncture billing rates, medical necessity proof standards, and scope of practice in no-fault insurance disputes.
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Proof insufficient to show bills were paid: motion denied
Court ruling establishes important precedent on burden of proof for insurance companies claiming medical bills were already paid in no-fault cases.
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Guidance on how to defeat a lack of causation motion regarding injury to a knee
Learn how to defeat lack of causation motions in knee injury cases. Expert guidance on establishing causal relationship between accidents and injuries in NY.
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An unproven Mallela defense will cost State Wide millions
NY No-Fault legal analysis: Mallela defense standards, burden of proof & pending Rabiner claims. Insurance case law update from State Farm v. Mallela
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The Appellate Division, Second Department has again held that a prima facie case involves a business record foundation for the entry of the bills into evidence
Appellate Division Second Department rules on prima facie case requirements for no-fault insurance claims, emphasizing business record foundations for medical bills.
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The EIP does NOT need to be notified when the carrier is seeking verification from a provider of medical services
NY no-fault insurance verification requests don't require EIP notification when seeking info from medical providers, per Triangle R v Clarendon case analysis.
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