January 23, 2020 | New York Law Journal
Interest and Excess VerdictsThe question of when interest begins to run in a case where the jury has rendered a verdict in excess of the available policies of insurance is a complicated one.
By Andrea M. Alonso and Kevin G. Faley
7 minute read
December 13, 2019 | New York Law Journal
A Jury Verdict: Now What?There are numerous post-trial motions that one can utilize under the CPLR when faced with an unfavorable verdict.
By Andrea M. Alonso and Kevin G. Faley
11 minute read
November 21, 2019 | New York Law Journal
'High-Low' Settlements: Insurance Against Bad Faith ClaimsIn this new era of personal injury "nuclear verdicts" that far exceed policy limits, insurance companies are searching for protection. The underutilized offer of a "high-low" agreement provides that protection.
By Andrea M. Alonso and Kevin G. Faley
7 minute read
June 10, 2019 | New York Law Journal
NY Court of Appeals Continues to Expand Prior Written Notice Protections for MunicipalitiesThe high court continues to expand the coverage of N.Y. Gen. Mun. Law §50-e(4), and give protection to municipal entities throughout the state.
By Kenneth E. Pitcoff and Kevin G. Faley
7 minute read
May 10, 2019 | New York Law Journal
Back to the Future? Stunning Reversal in IME 'Watchdogs' Case Leaves Obscurity in Discovery DemandsWhile the First Department has attempted to bring clarity to the issue by rendering its decision, the Second Department has yet to deliver a decision on the issue.
By Andrea M. Alonso and Kevin G. Faley
9 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
December 27, 2017 | New York Law Journal
Calculating Loss of Future EarningsKevin G. Faley and Lina C. Rossillo write: In many personal injury cases, the award of damages often centers on the jury's calculation of loss of future earnings. Loss of future earnings is awarded where the jury finds that a plaintiff has suffered a reduction in his or her ability to earn money as a result of an injury.
By Kevin G. Faley and Lina C. Rossillo
8 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
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
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