Robert S Kelner Gail S Kelner

November 27, 2017 | New York Law Journal

In this Trial Practice column, Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner discuss some of the case law governing the use of circumstantial evidence.

By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner

25 minute read

January 27, 2015 | New York Law Journal

In their Trial Practice column, Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner survey several of the most common concepts and issues that arise in cases where a wrongfully convicted individual seeks compensation.

By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner

13 minute read

January 26, 2015 | New York Law Journal

In their Trial Practice column, Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner survey several of the most common concepts and issues that arise in cases where a wrongfully convicted individual seeks compensation.

By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner

13 minute read

March 25, 2014 | New York Law Journal

In their Trial Practice column, Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner of Kelner & Kelner, write that a careful reading of a recent Court of Appeals decision that unanimously recalled and reversed its original holding from only months earlier, coupled with an understanding of the legal principles applicable to the case, makes clear the rationale for the court's reversal.

By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner

12 minute read

September 25, 2012 | New York Law Journal

In their Trial Practice column, Robert S. Kelner, the senior partner at Kelner and Kelner, Gail S. Kelner. an attorney with the firm, and Joshua D. Kelner, an associate with the firm, write: "In recent years, Medicare has become the bane of the existence of lawyers who practice personal injury law, both on the plaintiff's and defendant's sides. The agency has claimed, through a handful of grossly ambiguous policy memoranda, that its purported "future interest" in settlements must be considered. As a result, so-called Medicare Set Asides—sometimes referred to as MSAs—have become increasingly prevalent."

By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner

13 minute read

January 24, 2012 | New York Law Journal

In their Trial Practice column, Robert S. Kelner senior partner at Kelner & Kelner, and Gail S. Kelner and Joshua D. Kelner of the firm, write that in recent years the judiciary has, through case law, created a Byzantine array of technical and evidentiary hurdles that plaintiffs must surmount to show that their injuries are "serious."

By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner

12 minute read

July 23, 2013 | New York Law Journal

In their Trial Practice column, Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner of Kelner & Kelner discuss why self-funded ERISA plans are not subject to the prohibition on health care plans' asserting claims for reimbursement or subrogation claims against personal injury plaintiffs' recoveries; what rights these plans have; and what personal injury practitioners should be aware of when representing a client covered under such a plan.

By Robert S. Kelner, Gail S. Kelner and Joshua D. Kelner

12 minute read