A two strike rule on Law Office Failure
New York appellate court upholds dismissal when attorney calendared conference dates incorrectly twice, ruling repeated calendar errors don't constitute reasonable excuse.
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July 2015 Articles
15 articles published in July 2015
The learned treatise exception to the hearsay rule
New York courts allow learned treatises as evidence when experts recognize publications as standards of care, even without using "authoritative" language.
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Staged accident not proven – very sloppy papers
Court rejects insurance company's staged accident claim due to inadmissible evidence and procedural failures, highlighting the importance of proper documentation in litigation.
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Trial De Novo not tenable
New York court clarifies trial de novo requirements in no-fault insurance arbitration cases, ruling that awards under $5,000 prevent parties from pursuing litigation.
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Declaratory judgment reversed on appeal
Court reverses denial of default judgment in EUO case, finding attorney's affirmation under penalty of perjury sufficient proof of proper mailing procedures.
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Objective evidence necessary
Court rules subjective patient complaints without objective medical evidence insufficient to deny acupuncture treatment necessity in no-fault insurance case.
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IME no-show from the First Department
New York Appellate Term ruling clarifies what evidence insurers need to prove patient no-shows at IMEs, emphasizing physician affidavits over office records.
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Another use and operation
Court rules bus passenger's injury from stepping into street hole doesn't qualify for no-fault benefits under "use and operation" standard in NY insurance law.
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An insufficient rebuttal
Court ruling clarifies that medical providers must meaningfully address IME findings in their rebuttals, not just submit generic affirmations to establish medical necessity.
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On medical necessity
Court ruling demonstrates that properly supported independent medical examinations can establish lack of medical necessity, but opposing medical affidavits may create triable issues of fact.
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Medical necessity – rebutting a peer review
Learn how healthcare providers can successfully challenge peer review denials in no-fault insurance cases by submitting detailed medical rebuttals from treating physicians.
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This one makes no sense.
Court decision highlights discovery compliance requirements when amended complaints introduce new facts, even if discovery demands appear identical to previous requests.
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Protection of the MRI facilities on medical necessity motions
New York courts recognize that MRI facilities need discovery to defend against medical necessity challenges, unlike other providers who may not require extensive documentation.
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The Alrof curse continues
Court denies insurance company's motion for summary judgment in IME no-show case due to lack of personal knowledge by examining healthcare professionals.
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Ins Law 3105 in the realm of no-fault? No way
Analysis of SS Med. Care, PC v USAA Gen. Indem. Co. case where Civil Court incorrectly applied Insurance Law 3105 to personal injury policy instead of proper material misrepresentation theory.
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