De Lege Lata
A blog devoted to “the law as it exists” and the practical consequences of judicial decisions
The good, the bad and the funny
Orson Wells"Everything bad that has ever happened to me has been caused by agents or lawyers."
Benjamin Franklin"God works wonders now and then: Behold! A lawyer and an honest man!"
Charles Dickens"If there were no bad people, there would be no good lawyers."
Q: How many lawyer jokes are there? A: Only three. The rest are true stories.
A man in an interrogation room says “I’m not saying a word without my lawyer present.” "You are the lawyer." said the policeman. "Exactly, so where’s my present?" replied the lawyer.
New York Courts Beginning to Define “Substantial Business Presence”, Triggering Out-of-State Insurers’ Duty to Comply with N.Y. Ins. Law §3420
Out-of-state insurers confronted with an argument that a disclaimer was late under New York Ins. Law 3420(d)(2) were quick, and right, to look to the statutory requirement that the policy be “issued for delivery” to avoid the consequences of failing to timely disclaim coverage. However, that language was changed to “issued or delivered” in 2008.
First Department affirms $10 million award for TBI and declines to address practice of “anchoring” at trial
Plaintiff Marion Hedges was seriously injured when two 12 year-old boys threw a shopping cart over a 4th floor balcony which struck Hedges while she was standing on the first floor. Hedges nearly died at the scene and sustained a significant head injury. In describing the injuries, the First Department stated, “as a result of the accident, Marion suffered extensive organic brain damage, which is something more than a TBI, with resulting neurological injuries. As explained by her treating neurologist, the accident caused numerous bleeds and resultant lesions throughout Marion’s brain, permanent structural brain damage, and actual brain shrinkage or atrophy.”
The plaintiff filed suit seeking damages as a result of injuries sustained when he fell from a scaffold that was approximately 6 ft. in height and which lacked guardrails on the sides.