Key Takeaway
Personal injury attorney Jason Tenenbaum shares his insights on new Appellate Division judges, including Justice LaSalle and Justice Higgitt's promotions.
The New York State court system experienced significant changes in 2021 with several judicial appointments to the Appellate Division, the state’s intermediate appellate courts that handle appeals from trial courts. These appointments are particularly important for practitioners in New York no-fault insurance law and personal injury cases, as the Appellate Division frequently reviews decisions involving insurance disputes, medical examinations, and coverage determinations.
The Appellate Division is divided into four departments, with the First Department covering Manhattan and the Bronx. When experienced trial judges are elevated to the appellate level, it can significantly impact how cases are decided and how legal precedents develop. For attorneys practicing in areas like no-fault insurance litigation, understanding the judicial landscape and the backgrounds of appellate judges helps predict how courts might approach complex legal issues.
Jason Tenenbaum’s Analysis:
I was actually excited to see some of the new Judges that are headed to the Appellate Divisions. According to the Law Journal, Lasalle (new presiding judge) and Higgitt are being promoted amongst others. Higgitt is a work-horse and very smart. He was one of the smarter law secretaries in the Bronx and I was delighted to see his ascension once old age forced some of the old timers to retire. I would say the First Department will absolutely benefit from his presence. Justice LaSalle I recall as being an even handed and fair jurist, this is his becoming the PJ is a fair outcome
Key Takeaway
The elevation of experienced and capable jurists like Justice LaSalle and Justice Higgitt to the Appellate Division represents positive changes for New York’s legal system. Their backgrounds suggest they will bring both intellectual rigor and practical courtroom experience to appellate decision-making, which could benefit practitioners and litigants in complex areas like insurance law and civil litigation.
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Frequently Asked Questions
What is New York's no-fault insurance system?
New York's no-fault insurance system requires all drivers to carry Personal Injury Protection (PIP) coverage. This pays for medical expenses and lost wages regardless of who caused the accident, up to policy limits. However, you can only sue for additional damages if you meet the 'serious injury' threshold.
