WeSuThem

This is not too off topic. The Court of Appeals is run by the prior DA of Westchester. Nassau County DA Singas has now been elevated to the Court of Appeals. Finally, Judge Garcis was a former prosecutor. Judge Cannataro was just elevated to the Court of Appeals but he reminded me of Judge Jeremy Weinstein – a professional administration judge, Not a bad thing mind you. So how does a bench with a dearth of Civil non-criminal experience handle insurance disputes and personal injury disputes? I really do now know. I have read on the criminal law blogs that the defense bar is crying, and I can understand their concern. But it seems that much of the decisions seem to be not necessarily on the pro-consumer side.  Simmons v Trans Express Inc. , 2021 NY Slip Op 03484 (2021)(in effect killing a wage and hour case through limited the bar on collateral estoppel found in the uniform small claims acts);  Himmelstein, McConnell, Gribben, Donoghue & Joseph, LLP v Matthew Bender & Co...

A.C. Med., P.C. v New York Cent. Mut. Fire Ins. Co. , 2021 NY Slip Op 50841(U)(App. Term 2d Dept. 2021) ” Plaintiff claimed, in the papers submitted in support of its amended cross motion, that, in March]2017, it had submitted two bills dated March 29, 2017 to defendant, for services rendered to Mr. Bailey on November 18, 2016, in the total amount of $2,785.16. The sole explanation for the submission of what plaintiff characterized as “amended bills” was a sworn statement by plaintiff’s medical billing supervisor that she “was made aware that the defendant was addressing bills with the incorrect amount and requesting verification for services that were mistakenly added to the bill.” “Plaintiff has not raised an issue of fact precluding summary judgment dismissing the complaint on the ground that the action is premature. Whereas this action was commenced to recover the principal sum of $3,268.16 (the amount sought in the November bills),  plaintiff has now elected not to pursue...

One of the interesting aspects or evolution of New Jersey PIP law is that is has devolved from a comprehensive all encompassing benefit to one that is either limited or non-existent. The historians will remember that until the 1990 Fair Automobile Insurance Reform Act, there was not coverage limit. That changed to $250,000 in 1990 along with the ability to have major medical be deemed primary.. In 1998, AICRA brought the common $15,000 PIP policies and mandated arbitration.   The question that lurked is what happened when major medical said go to PIP, PIP as secondary pays and then seeks to subrogate against the major medical carrier. The Appellate Division said you’re out of luck. (1) “When a PIP-as-secondary insurer receives a claim eligible for primary coverage, it must deny coverage and send the insured a notice advising them to submit the claim to their health insurer” (2) ” Health insurers are also required to make prompt payment of claims, but are governed by N.J.A.C. 11:22-...

Personal injury law (otherwise called "misdeed" law) permits a harmed individual to document a common lawsuit in court and get a legitimate cure ("harms") for all misfortunes originating from a mishap or other occurrence.  Personal Injury Law Firm in NY  city assists with guaranteeing it. The personal injury framework permits the harmed individual to be repaid monetarily or "made entirety" after the person has endured hurt because of another person's careless or purposeful lead. In this article, we'll: cover the essentials of personal injury law talk about where personal injury law comes from, and make sense of how a run-of-the-mill personal injury case works. The Basics of Personal Injury There is a wide range of circumstances where personal injury rules apply: Mishaps.  Personal injury rules apply in circumstances, where somebody acts carelessly and that inconsiderateness hurts someone else. Models incorporate auto collisions, slip and fall episo...