Law Office failure established through associate attorney deception
Court ruling shows how associate attorney deception and misconduct can establish law office failure, providing grounds for relief from missed depositions.
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November 2016 Articles
6 articles published in November 2016
Serious injury, causation and the ability to recover
Court ruling shows how lack of causation in knee injury claims can bar recovery even when serious injury threshold is met for other injuries.
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A discussion on CPLR 3101(d)
Analysis of CPLR 3101(d) expert disclosure requirements in Tate-Mitros v MTA case, covering minimal disclosure standards and timing issues for expert testimony.
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Dismissal for failure to comply with one discovery order
Court dismisses personal injury complaint after plaintiff fails to comply with single discovery order, despite belated compliance - analysis of CPLR 3126 sanctions.
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Fraudulent procurement has now been changed into a material misrepresentation defense
New York appellate court clarifies that fraudulent procurement defense must comply with Insurance Law 3105 material misrepresentation standards and requires underwriting manual proof.
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Loss transfer
DTG Operations v AutoOne Ins. Co. case analysis: loss transfer dispute involving livery vehicle insured as passenger car, arbitration forum issues, and intercompany arbitration rights in New York no-fault insurance law.
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