Geico v. Avanguard – coming to the Appellate Division.
How many times have you waited at 167 Willis Avenue, 1205 Franklin Avenue or at a host of other locations for the Avanguard sideshow? You know the attorneys, you have seen the court reporter there to transcribe “oral argument” and you know those who have had to sit through these, or wait while the circus is in town.
Finally, this case will be heard on March 24, 2014. I hope a decision comes out relatively quickly, and a new issue can take up our time
11 Responses
Amen. As a card-carrying participant of the Avanguard sideshow, I just want an answer one way or the other.
what date is Marc 2r. Please provide the correct date.
Thanks
That’s what I am talking about Jason! Nothing like swift justice – whatever that means! Seriously, big decision for both carriers and OBS alike. I am impressed that you picked this up so soon after the calendar was posted. Koodos Mr. Tenenbaum. Will you join me in the gallery. Lunch is on me.
I will take you up on that Curt. It is nice to be a spectator for once anyway. And by lunch, you better not mean Chipoltle or Monty q’s down the block 🙂 By the way, do you think we can convince Wang Chung to come?
Oh how I wish Mr Zuppa – oh I mean wang chung would come.
Seriously, I aim to watch from the gallery. Lunch is a promise, you pick the place. I got the bill – for Wang Chung too and anyone else who might join. We all fight hard for our clients – after hours, we are all colleagues at the bar aren’t we? Maybe even John Belisi, for Avanguard will join us. John is a great guy, true gentleman.
At lunch we can debate the philosopher Kierkegaard’s view on no fault and the impact of Unitrin. Larry Rogak and Wang Chung would have a great debate on that topic! All the while you and I can drink Long Island Ice Teas and call a Taxi home!!!!
PS
I really don’t drink, but I will be high on Wang Chung.
Sorry I have been away for so long. What a love fest. I know Zuppa but who the hell is this guy Wang Chung. Didn’t he write the music for “To Live and Die in LA.”
Anyway I have been working on a few books. You can find them at Rogak’s website. Larry is cool. He’s only taking 50%.
My first book is entitled:
“Criminal Acquiescence: How the Court of Appeals has Allowed its No Fault Precedent to be Whittled Away by a Hack Appellate Term and Insurance Company Dollars”
Its pretty self explanatory.
My second book is entitled:
“Criminal Acquiescence: How the Second Department has Allowed its, and the Court of Appeals, No Fault Precedent to be Whittled Away by a Hack Appellate Term and Insurance Company Dollars”
The Final Book is:
“Imagine Judge Golia on the Second Circuit: Oh My God He Would Fit Right In — A Study of the Concept of Rights and the Only True Existent Right; the Right to be Indefinitely Detained by the Wealthy (Baby You Better Forget the Bill of Rights)”
All self explanatory.
Well I am going back to my pen. Remember it is mightier then the sword but weaker then the denial.
Here’s to an indefinite detention for you; the NSA camera in your toilet bowl for you; and getting greased by a hell fire missile while on vacation in the Bahamas for you.
God Bless America.
So Jason, is that a yes or no. He is so complex!
Captain … will your books be coming out in audio format? Where can I get the DVDs autographed? Can you introduce me to Stephen King? If I don’t get into an auto accident and don’t submit a bill, can I still get denied? What is the air speed of a swallow?
Anyone who went want to share?
I attended and was very surprised with how receptive the judges were. They emphasized the pending legislation to legalize OBS facility fees as tacit legislative intent to not permit this billing. Judge Levanthal questioned why we shouldn’t read a prohibition of this billing into the regs since there is a specific provision for ambulatory surgical centers TO bill for facility fees.
If they do affirm it will be based on the “prevailing rate” catch-all.
One judge asked if it should be remanded back down for a trial on the merits to wich Appellant vehemently disagreed (i.e., they just want a legal decision at this point).
My guess? Reversed.
Like most of us, I’m waiting with baited breath for the decision. No news that I know of…. is there something happening that I’m not privy to? Any news out there?