Collateral Estoppel In New York No-Fault Cases
Discover how collateral estoppel affects NY no-fault claims and how new legal reforms protect your rights after a car accident.
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13 articles by Jason Tenenbaum, Esq.
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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Understanding Collateral Estoppel in New York Personal Injury Cases | Long Island Legal Expert
Expert analysis of collateral estoppel in NY personal injury litigation. Learn how prior proceedings may affect your case. Call 516-750-0595 for guidance.
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Failure to cooperate
Court ruling on no-fault insurance coverage denial due to provider's failure to cooperate at examination under oath and unlicensed practice violations.
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How far do we take collateral estoppel?
A New York appellate court examines when collateral estoppel applies in no-fault insurance disputes, highlighting the importance of what issues were actually litigated and decided.
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Why are cariers filing DJ’s against the Anikeyev providers?
Attorney Jason Tenenbaum examines why insurance carriers file declaratory judgment actions against Anikeyev medical providers despite prior adverse rulings and collateral estoppel principles.
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CPLR 3211(a)(5) motion converted to CPLR 3212 motion
Discover how a CPLR 3211(a)(5) motion can transform into a CPLR 3212 summary judgment motion. Learn about key procedural requirements and notice exceptions in NY civil practice.
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Unsettled order fails to dismiss Civil Court action
Court rules that unsettled declaratory judgment order lacks preclusive effect in no-fault insurance litigation when parties' rights aren't clearly declared.
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DJ victory
Appellate Term ruling demonstrates how declaratory judgment victories can effectively bar subsequent no-fault insurance litigation through res judicata doctrine.
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Concerns about the use of a first-party no-fault IME to support a third-party defendant's summary judgment motion
Understanding how no-fault IME findings affect third-party personal injury lawsuits in NY. Expert legal analysis from Long Island attorneys. Call 516-750-0595.
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Understanding Collateral Estoppel in No-Fault Arbitrations: Critical Insights for New York Insurance Claims
Learn how collateral estoppel applies in New York no-fault arbitrations. Critical insights from the Falzone decision for Long Island insurance claims and SUM benefits.
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Understanding the Lobel Effect: No-Fault Insurance and Personal Injury Law
Learn how no-fault arbitration can destroy your personal injury case through collateral estoppel. Expert legal analysis from experienced Long Island attorney.
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Some newer cases
Recent 2008 New York no-fault insurance procedural decisions on stipulations, discovery sanctions, and precluded defenses affecting Nassau, Suffolk, Queens litigation.
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