Another Geffner sighting
Court decision requiring medical experts to demonstrate proper qualifications when testifying outside their specialty area in NY personal injury cases.
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2014 Legal Articles
199 articles published in 2014
199
Total Articles
12
Active Months
17
Avg per Month
2014 by Month
Featured Articles from 2014
It is not 5015 but 317
Court case analysis on CPLR 317 defense for defendants who didn't receive proper notice of summons, exploring alternatives to CPLR 5015 for vacating defaults.
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Valid excuse for law Office Failure
Court accepts law office failure as valid excuse for missing conference when defendants provide detailed, credible explanation for miscommunication between attorneys.
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IME no-show substantiated again
Appellate Term reverses Civil Court ruling on IME scheduling letters, finding that 48-hour cancellation notice requirement complies with No-Fault Regulations.
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From the eyes of the insured has its limits
NY court rules staged accident schemes void coverage regardless of innocent third party status - challenges Langan doctrine on intentional acts
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A good causation case
New York Court of Appeals case demonstrates how timing gaps between accidents and medical complaints can break the causal chain in personal injury claims.
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First Department upholds EUO DJ victory
First Department upholds declaratory judgment victory for insurer after assignors failed to appear at scheduled examinations under oath in no-fault case.
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Quality or Amex?
Court wrestles with Quality vs Amex theories for proving IME no-shows, highlighting ongoing legal tensions in New York no-fault insurance cases.
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No-show failed the Alrof test
Court ruling demonstrates how insurance companies must meet strict procedural requirements when denying no-fault claims based on missed EUOs and IMEs under established legal standards.
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Unpreserved and without merit
New York court rules on assignment of benefits standing requirements in no-fault insurance case, discussing "on file" statements and claim form requirements.
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