Sometimes, I forget how surreal this practice is. I was in Civil Court today – those who saw me know which one. I argued an acupuncture fee schedule motion and an IME cut-off/ fee schedule case without rebuttal. My argument, of course, was based upon Great Wall, Enco and their progeny. So I make my case in 3.5-5 minutes. The opposing attorney goes on for 10 minutes – like an automaton- in the following order: 1) mailing insufficient; 2) no business record foundation; 3) no fee schedule exists; 4) the DOI’s arguments is unconstitutional; and 5) presumption of medical necessity thus I lose.
I think I was staring straight ahead wondering where I was. I was reminded of the twilight zone episode “Willoughby”. Watch it, if you never have. For the BI attorneys out there who are not familiar with no-fault, think of the planet you are on when you appear in front of a certain judge who decides liability motions with the aid of match box cars. It is the same feeling.
Oh here were my answers: 1) I won a case on the mailing issue with this client; 2) I don’t have to lay a business record foundation – ask your boss why; 3) Unitrin? everyone must march to the beat of the DOI; 4) You did not put the Attorney General on notice; and 5) You can do better than that.
I then drove back to the office and asked myself what I accomplished today.
One Response
You are obviously upset that you had to even make those arguments — all of which are based upon horrendously decided decisions. Why no business records foundation?
We should just concede.
And here is what I get. A Provider operated out of 213 Mockingbird Lane. So did B Provider. B Provider once operated out of the same premises as the house in the Brady Bunch with C Provider. We sued C Provider along with 167 other persons/entities. Therefore there is an issue as to fraud in the incorporation as to A: deny summary judgment; give us all their bank records; strike from the trial cal; etc., etc.