April 08, 2019 | New York Law Journal
Is PTSD a 'Serious Injury' Under Insurance Law §5102(d)?The Third and Fourth Departments have begun to consider post-traumatic stress disorder (PTSD) as a 'serious injury' under Insurance Law §5102(d)'s definition of “significant limitation of use of a body function or system.” Currently, the First and Second Departments have not followed suit.
By Kenneth E. Pitcoff and Andrea M. Alonso
8 minute read
February 19, 2019 | New York Law Journal
Book Review: 'The Truths We Hold: An American Journey'As an attorney, Kamala Harris reminds us that we are a nation of laws and that we stand for the rule of law.
By Andrea M. Alonso
5 minute read
February 07, 2019 | New York Law Journal
Book Review: 'Frank & Al'Anyone who loves New York history will devour and thoroughly enjoy “Frank & Al”, the story of the turbulent relationship between Gov. Alfred E. Smith and President Franklin D. Roosevelt. No two men could have been more unalike. Yet like tributaries of a great river they joined to form the modern Democratic Party.
By Andrea M. Alonso
6 minute read
November 29, 2018 | New York Law Journal
False Arrest/False Imprisonment and Late Notice of Claims'Ruiz v. City of New York' demonstrates that failure to submit record evidence to show that a municipality had actual knowledge is fatal.
By Kenneth E. Pitcoff and Andrea M. Alonso
8 minute read
November 21, 2018 | New York Law Journal
The Intersect of Bankruptcy and Personal InjuryA pending personal injury action is considered an asset for purposes of a Chapter 7 bankruptcy proceeding. Failure to disclose such action in a bankruptcy proceeding can result in dismissal of the personal injury claim. It is crucial to ask about any bankruptcy proceedings at personal injury depositions.
By Kevin G. Faley and Andrea M. Alonso
7 minute read
November 28, 2017 | New York Law Journal
Crisis Handling in Municipal CasesKenneth E. Pitcoff and Andrea M. Alonso write: Municipal cases that attract the attention of the public and the press are fraught with potential problems which, if not dealt with properly, can seriously increase the value of these cases.
By Kenneth E. Pitcoff and Andrea M. Alonso
9 minute read
October 27, 2017 | New York Law Journal
The Role of Patient Advocates at an Independent Medical ExaminationIn this Outside Counsel article, Andrea M. Alonso and Kevin G. Faley write: Plaintiff attorneys have recently resorted to hiring an outside person to sit in on IMEs. Either called “patient advocates” or “watchdogs,” these groups have caused the courts to re-address the rules governing these exams.
By Andrea M. Alonso and Kevin G. Faley
17 minute read
October 02, 2017 | New York Law Journal
Update on 'Serious Injury'Andrea M. Alonso and Kenneth E. Pitcoff writes: The Court of Appeals has not revisited the area of the determination of what constitutes a "serious injury" as defined in Insurance Law §5102(d) since 2011, but some noteworthy cases have been handed down by the Appellate Divisions clarifying the definition of "serious injury."
By Andrea M. Alonso and Kenneth E. Pitcoff
6 minute read
September 07, 2017 | New York Law Journal
Capacity of Infants to TestifyAndrea M. Alonso and Kevin G. Faley discuss cases illustrative of the determination a court makes in weighing whether to accept a child's testimony.
By Andrea M. Alonso and Kevin G. Faley
8 minute read
July 26, 2017 | New York Law Journal
Settlement Techniques: High-Low AgreementsAndrea M. Alonso and Kevin G. Faley write: High-low agreements in tort cases are underutilized and often misunderstood, but they are an effective way to prevent a runaway verdict with potential exposure of personal and corporate assets while guaranteeing plaintiff a recovery in the event of a defense verdict.
By Andrea M. Alonso and Kevin G. Faley
16 minute read