Judgment as a matter of law due to opening statement
New York court case where plaintiff's attorney's opening statement admissions led to judgment as a matter of law against client for false arrest and malicious prosecution claims.
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September 2013 Articles
9 articles published in September 2013
Initial visit allowed – open question being how much
Court rules acupuncturists can bill for initial visits under code 99202, but leaves open question about reimbursement rates compared to chiropractors.
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Deposition of own party allowed into evidence
New York court rules that defendants can introduce deposition testimony of unavailable party witness at trial, despite plaintiff's objections and missing witness charge request.
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Skyped EBT
New York courts allow remote video depositions via Skype when plaintiffs cannot travel, providing flexible solutions for no-fault insurance litigation proceedings.
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Court takes judicial notice of Supreme Court declaratory judgment action
Court takes judicial notice of Supreme Court declaratory judgment action with res judicata effect in no-fault insurance dispute (150 chars)
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Discovery disallowed when EUO requests are not responded to by deponent
Court rules that healthcare providers who fail to respond to EUO requests cannot challenge their reasonableness or seek discovery about scheduling letters in no-fault cases.
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Documentation shows wrong insurance carrier was sued
Court ruling shows defendant successfully proved wrong insurance carrier was sued using claims manager's affidavit, potentially breaking from precedent requiring underwriter testimony.
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A declaration of non-coverage is res judicata to the specific date of the accident.
Court rules declaratory judgment on no-fault coverage is res judicata only for specific accident dates listed, not all claims by the same parties.
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Medical provider cannot defeat IME non-cooperation defense through stating “discovery is outstanding”
Medical providers cannot defeat IME non-cooperation defense by claiming outstanding discovery. NY appellate court rules on summary judgment standards.
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