Degeneration was not really that
Court ruling shows how plaintiffs can prove degenerative spine conditions became actionable injuries after car accidents, even with pre-existing asymptomatic degeneration.
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2015 Legal Articles
215 articles published in 2015
215
Total Articles
12
Active Months
18
Avg per Month
2015 by Month
Featured Articles from 2015
Was the missed EUO really a miss?
New York court finds that requesting an EUO adjournment before the scheduled date may prevent it from being considered a "no-show," even without mutual rescheduling agreement.
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Depositions granted – First department precedent eschewed
Second Department Appellate Term grants depositions in no-fault cases, overruling district court precedent on discovery timing and procedural requirements.
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Unsettled order fails to dismiss Civil Court action
Court rules that unsettled declaratory judgment order lacks preclusive effect in no-fault insurance litigation when parties' rights aren't clearly declared.
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Failure to comply with PA law
New York court applies Pennsylvania insurance law requiring strict compliance with cancellation notice requirements, including proof of proper mailing address.
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Dismissal on arbitration grounds should be made through CPLR 7503
Court ruling clarifies that arbitration options don't justify dismissal; proper procedure requires CPLR 7503 motion to compel arbitration instead of summary judgment dismissal.
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Mallela limited to Mallela
Court limits Mallela fraud defense in no-fault insurance cases, ruling fee-sharing arrangements don't justify withholding medical payments under New York law.
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Failure of an expert to comply with the subpoena
Court finds expert's failure to produce subpoenaed notes fundamentally unfair, raising questions about record retention obligations for IME doctors.
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Why a substitute IME doctor is not allowed
NY courts reject substitute IME doctors after note of issue filing. Learn why expert witness substitutions face strict scrutiny under discovery rules.
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The Rybak verification affidavit strikes again
Jason Tenenbaum critiques Appellate Term's flawed reasoning in Compas Med. v Praetorian, where court accepted insufficient verification affidavit evidence in no-fault case.
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