July 15, 2016 | New York Law Journal
Liability and Emergency Responders: a U-Turn Around 'Kabir'Kenneth E. Pitcoff and Andrea M. Alonso write that in 2011, the Court of Appeals drastically undercut the protection afforded to emergency responders under New York Vehicle and Traffic Law, holding that the "reckless disregard" liability standard only applied when emergency vehicle drivers were engaged in one of four categories of privileged conduct. Since then, appellate courts have greatly broadened the stringent 'Kabir' criteria in an attempt to fashion a realistic and workable model.
By Kenneth E. Pitcoff and Andrea M. Alonso
26 minute read
April 29, 2016 | New York Law Journal
Insurance Claims Files: How Privileged Are They?Andrea M. Alonso and Kevin G. Faley write that claims files are the hard-drive of an insurance carrier, with a record of all information about a claim: opinions, discovery, reserves, witness statements, etc. Insurance claims files are, in theory, protected from discovery by work-product doctrine as "material prepared in anticipation of litigation." But these protections are situational.
By Andrea M. Alonso and Kevin G. Faley
24 minute read
March 21, 2016 | New York Law Journal
Proper Objections at a Personal Injury DepositionKevin G. Faley and Andrea M. Alonso discuss the four main categories of questions which an attorney can instruct his client in a personal injury action not to answer: the palpably improper or irrelevant question; privileged communications; a defendant-physician's opinion of co-defendant's alleged medical malpractice; and questions that run afoul of the right against self-incrimination.
By Kevin G. Faley and Andrea M. Alonso
24 minute read
February 18, 2016 | New York Law Journal
Priority of Insurance in Construction AccidentsKevin G. Faley and Andrea M. Alonso write: It is a common occurrence for multiple insurance policies to be applicable in a personal injury suit resulting from an accident on a construction site. Often both primary and excess policies contain conflicting language, have similar priority designations and provide coverage to several parties. Determining the priority of insurance coverage can be a complicated yet important task.
By Kevin G. Faley and Andrea M. Alonso
12 minute read
December 18, 2015 | New York Law Journal
Pope's New Rule on Annulment: Will the Law Keep Up?Andrea M. Alonso and Kevin G. Faley of Morris Duffy Alonso & Faley explore the limited scope of a New York statute that requires spouses to remove religious barriers to remarriage prior to the grant of a civil divorce; how it is used to effectuate Jewish religious divorces; and why, as it is drafted, it cannot be similarly used to effectuate Catholic annulments.
By Andrea M. Alonso and Kevin G. Faley
13 minute read
December 17, 2015 | New York Law Journal
Pope's New Rule on Annulment: Will the Law Keep Up?Andrea M. Alonso and Kevin G. Faley of Morris Duffy Alonso & Faley explore the limited scope of a New York statute that requires spouses to remove religious barriers to remarriage prior to the grant of a civil divorce; how it is used to effectuate Jewish religious divorces; and why, as it is drafted, it cannot be similarly used to effectuate Catholic annulments.
By Andrea M. Alonso and Kevin G. Faley
13 minute read
November 30, 2015 | New York Law Journal
Notorious R.B.G.: The Life and Times of Ruth Bader GinsburgIf there is one figure who has paved the way for women attorneys, women in general and the cause of gender equality, it is Ruth Bader Ginsburg. This biography is artistic, featuring charts, cartoons, recipes and timelines. But it is also comprehensive.
By Andrea M. Alonso
6 minute read
November 25, 2015 | New York Law Journal
Notorious R.B.G.: The Life and Times of Ruth Bader GinsburgIf there is one figure who has paved the way for women attorneys, women in general and the cause of gender equality, it is Ruth Bader Ginsburg. This biography is artistic, featuring charts, cartoons, recipes and timelines. But it is also comprehensive.
By Andrea M. Alonso
6 minute read
April 21, 2015 | New York Law Journal
Timing of Expert Disclosure Under CPLR 3101(d)Kevin G. Faley and Andrea M. Alonso review relevant decisions to conclude that neither the First nor Second Department seems inclined to draw a "bright-line" rule on whether expert disclosure after the Note of Issue and Certificate of Readiness have been filed is considered untimely.
By Kevin G. Faley and Andrea M. Alonso
12 minute read
April 20, 2015 | New York Law Journal
Timing of Expert Disclosure Under CPLR 3101(d)Kevin G. Faley and Andrea M. Alonso review relevant decisions to conclude that neither the First nor Second Department seems inclined to draw a "bright-line" rule on whether expert disclosure after the Note of Issue and Certificate of Readiness have been filed is considered untimely.
By Kevin G. Faley and Andrea M. Alonso
12 minute read
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