Collateral Estoppel?
Explore collateral estoppel: why default judgments don't preclude later suits & when courts can depart from other departments' rulings.
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September 2020 Articles
12 articles published in September 2020
3101(d) never applies to
Court reverses trial judge's incorrect application of CPLR 3101(d) to treating physicians, reaffirming that disclosure rules only apply to retained experts, not doctors who treated patients.
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Inquests
Learn about inquest procedures in NY default judgment cases, including damage assessment rules and cross-examination requirements for witness testimony.
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Deposition rulings
New York appellate court clarifies that deposition rulings cannot be appealed as of right, even when made through formal motion practice rather than during examination.
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Improvident to examine papers
Court rules that vague "law office failure" excuse doesn't justify late opposition papers, but defendants still failed to prove their summary judgment case.
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4518(a)
Analysis of double hearsay issues in motor vehicle accident cases, examining inadmissible police reports and the business records exception under New York evidence law.
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Ubder D-Duber fail
NY court ruling shows Uber failed to prove driver was independent contractor, expanding rideshare company liability beyond app usage in personal injury cases.
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Place a call and your jurisdictional defense will fall
New York court ruling shows how defendants can waive jurisdictional defenses through conduct, even when challenging court jurisdiction years later.
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The chiropractor rate
Court upholds chiropractor fee schedule rates for acupuncture services in NY no-fault insurance case, limiting reimbursement despite provider credentials.
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The NF-2
Court rules insurance company properly mailed IME letters to address on sworn NF-2 form, rejecting plaintiff's argument about zip code discrepancy with police report.
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Material Misrepresentation defense
New York court clarifies the high burden insurers face when claiming material misrepresentation as a defense to deny coverage in no-fault insurance cases.
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Retroactive rescission
A Florida choice of law analysis leads to successful retroactive rescission, highlighting the importance of understanding different state laws in no-fault insurance cases.
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