Out of scope – out of mind
Appellate court ruling on expert witness qualifications in personal injury cases - physicians must establish foundation when testifying outside their specialty area.
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May 2018 Articles
8 articles published in May 2018
Degeneration from the App Div
Court dismisses personal injury case where plaintiff failed to prove spinal injuries caused by accident rather than degeneration, highlighting critical causation requirements.
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Ouch
New York court reinforces that expert opinions must be based on properly admitted evidence, not unfounded photographs or materials.
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Mailing to the attorney
Court rules insurance company failed to provide adequate IME notice when letter to insured was sent to wrong address, despite proper notice to attorney.
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What is substantial evidence?
Learn what substantial evidence means in NY no-fault arbitration cases and why courts can't weigh conflicting evidence in administrative awards.
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For the All on NY fans: you were wrong.
NY Court of Appeals ruling on no-fault insurance IME requirements and declaratory judgment procedures in Hereford v Lida's Medical Supply case analysis.
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Texting your friend who kills someone: Are you liable?
Court rules texting someone who kills in car accident doesn't create liability. Remote senders lack control over drivers unlike passengers in vehicle.
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Is it three years or 6 years?
Court of Appeals clarifies 3-year vs 6-year statute of limitations for no-fault insurance claims against self-insured entities in New York.
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