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Mitchell

Mitchell

December 02, 2009 | New York Law Journal

Defenses That Survive Preclusion Under New York No-Fault Law

Jeffrey S. Siegel, a partner at Bruno, Gerbino & Soraino, and Mitchell S. Lustig, an associate at the firm, write: There is, perhaps, no principle more sacrosanct in the field of no-fault law than the "30-day rule" which provides that a no-fault insurer must pay or deny a medical provider's bill within 30 days of receipt. In accord with this rule, a no-fault insurer will be precluded from raising most defenses to a provider's claim, including that of lack of medical necessity, unless the insurer denies the claim within 30 days of receipt of the bill or any request for additional verification. However, the Court of Appeals has carved out an exception to the rule. It is essential that the no-fault practitioner be able to distinguish between those defenses that are precluded unless asserted by the insurer in a timely denial and the "lack of coverage" defenses that are nonwaivable and therefore exempt from the 30-day rule.

By Jeffrey S. Siegel and Mitchell S. Lustig

13 minute read

September 01, 2005 | Law.com

The Class Action Fairness Act: Implications for MDLs

By Robert Mitchell and Joshua L. Becker

9 minute read

July 21, 2003 | New Jersey Law Journal

Lock It or Lose It

The contribution of 'knowledge workers' to a company is - whether by way of patentable invention, know how, design, formula, process or methodology - intellectual property. And it is here, at the crossroads of intellectual property law and employment law, that trade secrets take center stage.

By Cathryn Alexandra Mitchell

17 minute read

June 07, 2011 | New Jersey Law Journal

Divorce Myths

Web Summary, dateline, etc. here

By Cathryn A. Mitchell

9 minute read

June 22, 2007 | New York Law Journal

Patents: Personal Jurisdiction, Cease-and-Desist Letters

Mitchell M. Wong, of counsel at Morrison & Foerster, warns that issuing a cease-and-desist letter is risky for the patentee because the accused party could respond by suing the patentee in a declaratory action. Conversely, an accused party who acts on receipt of a cease-and-desist letter, and brings a declaratory action in an incorrect forum, finds itself with embarrassingly diminished bargaining strength.

By Mitchell M. Wong

11 minute read

June 24, 2005 | New York Law Journal

Rental Vehicle Coverage in New York

Mitchell S. Lustig, a solo practitioner in Plainview, N.Y., and Jill Lakin Schatz, a solo practitioner in New York City, analyze drivers' obligation for damage to or loss of a rental vehicle as well as discuss the legislative history that led to enactment of Regulation 35-A, which establishes the mandatory minimum coverages in all New York automobile liability policies.

By Mitchell S. Lustig and Jill Lakin Schatz

11 minute read

March 08, 2011 | The Recorder

Privacy Violations Cost Health Care Facilities Millions

With the state heavily fining transgressions that result in disclosure of patient information, new policies and procedures could be the remedy, explain Ropes & Gray attorneys.

By Mitchell Olejko and Dana Howells

8 minute read

April 13, 1999 | Law.com

Court Strikes Out Bonds' Prenup

Hurling plenty of heat at a team of lawyers once employed by baseball star Barry Bonds, a California appeals court on Monday struck the slugger's prenuptial agreement. The dissenting justice suggested it will create much more work for family law attorneys. That's because the majority adopted a new rule that requires trial courts to "strictly scrutinize" prenups where one party lacked legal representation at the time of signing.

By Greg Mitchell

5 minute read

December 20, 2010 | New York Law Journal

New Trend in Jurisprudence Of Appellate Term, Second Department

Jeffrey S. Siegel, a partner at Bruno, Gerbino & Soriano, and Mitchell S. Lustig, an associate at the firm, write that the same three issues repeatedly come up for review and constitute a disproportionately large percentage of the no-fault cases on the Appellate Term, Second Department's docket.

By Jeffrey S. Siegel and Mitchell S. Lustig

12 minute read

January 07, 2011 | The Legal Intelligencer

Foot in Mouth Disease: Slip of the Cyber-Lip Gets GC Booted From Case

It's great the way e-mail software autocompletes addresses for you -- except when it puts in the wrong one.

By Greg Mitchell

3 minute read


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