David M Barshay

October 11, 2012 | New York Law Journal

In his No-Fault Insurance Law Wrap-Up, David M. Barshay, a member of Baker Sanders, writes that in a recent decision, the Appellate Term, Second Department, provided much needed clarification regarding an often misunderstood and commonly misapplied provision of the CPLR.

By David M. Barshay

11 minute read

October 14, 2011 | New York Law Journal

In his No-Fault Insurance Wrap-Up, David M. Barshay, a member of Baker, Sanders, Barshay, Grossman, Fass, Muhlstock and Neuwirth, reviews recent decisions involving whether a defense based upon a failure to attend reasonably requested Independent Medical Evaluations had to be set forth in a timely denial to be preserved, an insurer's producing a medical expert other than the expert who performed the IME upon which the denial of the claim was based, and more.

By David M. Barshay

11 minute read

August 09, 2012 | New York Law Journal

In his Debtor-Creditor Law Wrap-Up, David M. Barshay, a member of Baker Sanders, writes that, widely regarded as a "consumer watchdog" group, the primary objective of the CFPB is to enforce federal consumer financial laws and supervise banks, credit unions, and other financial institutions as well as debt collectors and consumer reporting agencies deemed to be "larger market participants" by the agency's standards.

By David M. Barshay

11 minute read

December 13, 2012 | New York Law Journal

In his Debtor-Creditor Law Wrap-Up, David M. Barshay, a member of Baker Sanders, writes that Judge Eric Vitaliano, of the U.S. District Court for the Eastern District of New York, recently issued a long-awaited decision striking down a portion of a 2009 New York City Law that expanded the city's oversight of debt collection activities.

By 
David M. Barshay

11 minute read

June 15, 2012 | New York Law Journal

In his No-Fault Insurance Wrap-Up, David M. Barshay, a member of Baker, Sanders, Barshay, Grossman, Fass, Muhlstock and Neuwirth, writes that over the past few years, perhaps no other no-fault insurance issue has been more frequently litigated in the Appellate Term than the proper billing of acupuncture services.

By David M. Barshay

11 minute read

December 08, 2011 | New York Law Journal

In his Debtor-Creditor Law Wrap-up, David M. Barshay, a member of Baker, Sanders, Barshay, Grossman, Fass, Muhlstock and Neuwirth, reviews changes in credit card regulations and social media and tele communications law that may affect consumers' rights while creting new possibilities for abuse by debt collection agencies.

By David M. Barshay

11 minute read

August 08, 2013 | New York Law Journal

In his Debtor-Creditor Law Wrap-Up, David M. Barshay, a member of Baker Sanders, discusses proposed regulations in the area of debt collection practices, writing that the focus of the statute appears to be creating transparency in the collection industry and arming consumers with information.

By David M. Barshay

11 minute read

February 14, 2013 | New York Law Journal

In his No-Fault Insurance Law Wrap-Up, David M. Barshay, a member of Baker Sanders, writes an amendment sets a strict deadline for responding to the insurer's verification request, i.e., the health care provider must now provide a response within 120 days of an insurer's verification request, or provide reasonable justification why it cannot do so.

By David M. Barshay

12 minute read

June 13, 2013 | New York Law Journal

In his No-Fault Insurance Wrap-Up, David M. Barshay, a member of Baker Sanders, writes that while there was a time when a plaintiff provider in a no-fault case was required to establish standing as part of its prima facie burden, there has been a clear and consistent shift in the case law away from this model.

By David M. Barshay

12 minute read

April 12, 2012 | New York Law Journal

In his Debtor/Creditor Law Wrap-Up, David M. Barshay, a member of Baker, Sanders, Barshay, Grossman, Fass, Muhlstock and Neuwirth, discusses the growing student loan crisis and its toll on the housing market, a recent case involving the applicable statute of limitations in a collection suit, and another case on whether an account holder can sue his bank for money damages when an account is restrained without the account holder having received a disclosure informing him that a portion of his money is exempt.

By David M. Barshay

11 minute read