Key Takeaway
Personal injury attorney Jason Tenenbaum reflects on mixed appellate court results, challenging misconceptions about defendant-friendly rulings in no-fault cases.
Even the most experienced attorneys face days when appellate court decisions don’t go their way. The legal profession is built on advocacy, thorough preparation, and sound legal arguments — but ultimately, success depends on how judges interpret the law and apply it to specific facts. This reality is particularly evident in New York no-fault insurance law, where practitioners regularly navigate complex appellate decisions that can significantly impact their clients’ cases.
The Appellate Term, Second Department regularly issues decisions that shape no-fault insurance practice throughout New York. These rulings address everything from examination under oath requirements to causation standards in personal injury cases, making each decision potentially significant for practitioners in this field.
Jason Tenenbaum’s Analysis:
This was just a thought as I read through the Appellate Term, Second Department, decisions that came out today. I will confess that I was .5 for 3 in today’s appellate decisions, which should be some proof that this court is not as “defendant friendly” as too many practitioners urge the bar to believe. I also am not ashamed to admit that sometimes, the chips do not stack up in your favor, even though you deep down believe they should.
That being said, the question is what happened? I will try to give some insight in some of the subsequent posts that I will be posting today, August 19, 2010.
-JT
Key Takeaway
Jason’s candid reflection on his mixed appellate results challenges the common perception that certain courts consistently favor defendants. His experience demonstrates that even skilled attorneys face unfavorable decisions, and that judicial outcomes often depend on case-specific factors rather than systematic bias. This honest assessment provides valuable perspective for practitioners navigating the unpredictable nature of appellate litigation.
Legal Update (February 2026): Since this 2010 post, New York no-fault insurance law has undergone significant regulatory changes, including updates to fee schedules, examination under oath procedures, and appellate practice standards. Practitioners should verify current Appellate Term decisions and regulatory amendments when reviewing causation standards and procedural requirements discussed in this analysis.
Common Questions
Frequently Asked Questions
What is New York's no-fault insurance system?
New York's no-fault insurance system requires all drivers to carry Personal Injury Protection (PIP) coverage. This pays for medical expenses and lost wages regardless of who caused the accident, up to policy limits. However, you can only sue for additional damages if you meet the 'serious injury' threshold.
