Settling a case does not have to be complicated. Certainly, you need to know what you are willing to pay, and you should try to find out what your adversary is willing to take. How you get there is the issue…
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/ Alternative Dispute Resolution (ADR)
Can AI or Chat GBT write poetry, perhaps by accident. But an insurance underwriter came up with the phrase: “Taking the suddenness out of accident.” Now that’s poetry. The poet was describing the “occurrence” definition in an…
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/ Insurance, Products Liability, Toxic Torts
The New York Times recently reported a new procedure at the border of Mexico for people making attempts to illegally cross into the United States. The number of crossings is the lowest it has been in many years. Everyone is…
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/ Constitutional Law, Criminal Law, Immigration Law
Anyone injured in an accident allegedly caused by the negligence of another can sue for pain caused by the injury. The increasing number of surgeries injuries from accidents is now a major focus of defendants and the insurance…
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/ Civil Procedure, Personal Injury
As the Age of AI dawns, there is concern that it will take over much of the work we all do and make us less important and perhaps useless. We even fear it will be intelligent enough to overpower us all. But let us not…
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/ Law Practice Products & Services, Science, Computers, & Technology
How did the fate of Brittney Griner, an American professional basketball player for the Phoenix Mercury of the Women’s National Basketball Association, cross paths with Viktor Bout, a Russian arms dealer serving a twenty-five…
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/ Art, Entertainment, & Sports Law, Criminal Law, International Law & Trade
When a resident of a nursing home suffers from severe pressure ulcers any claim against the facility may initially seem indefensible. But careful evaluation of the record may very well show that not to be the case. If there was…
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/ Health, Professional Malpractice
The defamation cases brought by Johnny Depp and Amber Heard against each other, entertaining as they were to many Americans, involved complex issues of law as applied to the facts alleged by the parties. For the jury to reach…
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/ Civil Procedure, Insurance, Personal Injury
COVID-19 has caused many restaurants in the City of New York to close or greatly limit their service, preventing them from paying some or any of the rent to their landlords. In a case involving a restaurant on the upper east…
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/ Real Estate - Commercial
Many businesses and other organizations have been forced to rely on an exclusively remote workforce. Consequently, conducting in-person interviews and on-site visits, as well as access to original documents, is more…
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/ Business Organizations, Criminal Law, Finance & Banking, International Law & Trade, Securities Law
For businesses that were shut down by COVID-19 a common question is whether there is coverage for business interruption. In New York, the answer is no. This should be the answer nationwide. Coverage for business interruption…
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/ Commercial Law & Contracts, Insurance, Real Estate - Commercial
The other night the President tweeted: "In light of the attack from the Invisible Enemy, as well as the need to protect the jobs of our GREAT American Citizens," "I will be signing an Executive Order to temporarily suspend…
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/ Immigration Law, Labor & Employment Law
"Whatever the outer limits of that sovereignty may be, one thing is clear: The Federal Government may not compel the States to enact or administer a federal regulatory program." New York v. United States, 505 U.S. 144, 188, 112…
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/ Civil Procedure, Conflict of Laws, Constitutional Law, Energy & Utilities, Environmental Law
In a case against a nursing home alleging bodily injury or personal injury, it is common to allege three causes of action. The first is medical malpractice. The second is negligence. And the third is a violation of Article 28 of…
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/ Civil Procedure, Health, Personal Injury, Professional Malpractice
In Xiang Fu He v. Troon Management, Inc., et al. decided on October 24, 2019, the New York Court of Appeals held that section 7-210 of the Administrative Code of the City of New York "unambiguously imposes a nondelegable duty on…
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/ Civil Procedure, Personal Injury, Real Estate - Commercial, Real Estate - Residential
