Authoritative.
Court rules expert witness impeachment with DVD improper when expert doesn't accept material as authoritative, highlighting evidence foundation requirements.
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June 2011 Articles
9 articles published in June 2011
Leave denied
Court denies leave in Unitrin v Bayshore Physical Therapy case, highlighting challenges healthcare providers face under current no-fault insurance regulations.
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The independent contractor "defense" is sufficient to non-suit a plaintiff under CPLR 3211(a)(7)
NY court rules independent contractor defense sufficient for CPLR 3211(a)(7) dismissal when claim forms identify services rendered by contractor
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A universal definition of a prima facie case
Court establishes universal definition for prima facie cases in no-fault insurance disputes, showing how proper documentation and timely filing create entitlement to summary judgment.
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What is a non-negligent explanation when you rear-end somebody?
Learn what constitutes a non-negligent explanation when you rear-end another vehicle in New York, including mechanical failures and sudden stops as valid defenses.
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New Jersey law bars most of Plaintiff's recovery in this PIP subrogation action
New Jersey law significantly limited subrogation recovery in this PIP case involving cross-border accident, workers' compensation, and no-fault benefits under choice of law analysis.
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Another Article 10 case wittles away peer hearsay
Article 10 case limits peer hearsay in expert testimony, impacting no-fault insurance and threshold injury cases in New York courts.
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An intentional act is precluded if not raised in a timely denial
New York court ruling transforms intentional act from coverage issue to policy exclusion, creating new category of precludable coverage defenses in no-fault insurance law.
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Response to Sun's comment last week
Response to Sun's comment on blanket denials in New York no-fault insurance law, discussing DOI requirements and A&S Medical case interpretation.
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