Claire Neiger filed Preliminary Objections challenging several procedural deficiencies in the plaintiff’s Philadelphia County complaint. The pleading led to her hospital client’s dismissal with prejudice in a medical malpractice claim just months after its filing.
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Tracey Mapou Obtains Pre-Answer Dismissal of All Claims in Queens Dog Bite Case
Tracey obtained the dismissal of all claims against her homeowner client in a Queens County dog bite action. Plaintiff alleged that he sustained bodily injuries when he was lawfully present outside the property of one of the client’s neighbors and was bitten by a dog. Before interposing an Answer to the Complaint, Tracey provided plaintiff’s […]
Joe Petka Obtains Early Dismissal in Medical Malpractice Claim
The plaintiff in this matter filed suit against a local hospital for medical malpractice. She alleged that an EMG she received at the hospital caused her ongoing pain and limitations. Joe asserted that the claim should be dismissed shortly after filing based on a combination of case law and the rules of civil procedure. The […]
Dana Koos Wins NY UM Arbitration by Proving Insured’s Claim was Fraudulent
Dana prevailed in defending a NY UM arbitration where the insured claimed he was riding his motorcycle and was hit by a vehicle that fled the scene. The insured presented a receipt from a tow truck company and medical records regarding his alleged injuries. During the arbitration, Dana presented evidence that the insured submitted a forged tow […]
Harlan Schreiber Obtains Summary Judgment on No-Fault Claim from New York Appellate Court
In Unitrin Advantage Ins. Co. v. Andrew J. Dowd, MD., 2021 N.Y. Slip Op. 03012, a No-Fault automobile insurer appealed an arbitration award in favor of a medical provider. The insurer had disclaimed coverage on the ground that the provider’s failed to appear for examinations under oath (“EUOs”). The arbitrator found that the EUOs were […]