Recent Publications - Appeals


Home Court Advantage Makes a Difference For Clients
February 12, 2019 | Appeals

Commentary:

Those who bet the spread in football games know that the being the home team is worth three or so points. Teams fight all year to have home field advantage in the playoffs.

In lawsuits, being the home team also matters. If you are going to be sued, or if you intend to bring

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Trump Administration Implements Major Changes to H-1B Lottery System
January 30, 2019 | Employment & Labor | Immigration

On January 31, the Department of Homeland Security (DHS) will publish a final rule changing the H-1B lottery system. The final rule implements the proposed two changes discussed earlier here.

According to the DHS announcement, “The final rule reverses the order by which U.S. Citizenship and Immigration Services (USCIS) selects H-1B petitions under the H-1B regular

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The False Claims Act: A Powerful Tool Against Federal Health Care Program Fraud
January 4, 2019 | Appeals

The most recent report by the U.S. Department of Justice (DOJ) on its recoveries under the federal False Claims Act (FCA) (see “Fraud Statistics—Overview, October 1, 1986 – September 30, 2018”) made it quite clear that the federal government continues to seek to combat fraud by health care providers against federal health care programs such

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Trump Administration Proposes Changes to H-1B Lottery
January 3, 2019 | Employment & Labor | Immigration

The public comment period for the Department of Homeland Security’s (DHS) proposed changes to the H-1B lottery system has now closed.  U.S. companies filing H-1B visa petitions must typically enter a lottery because the law caps the number of H-1B visas that DHS can issue each year.

The proposed rule would make two important changes

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USCIS Clarifies 1-Year Foreign Employment Requirement for L-1 Visas
December 4, 2018 | Corporate | Employment & Labor | Immigration

The United States Citizenship and Immigration Services (USCIS) has issued a policy memorandum clarifying the one-year foreign employment requirement for an L-1 visa for intracompany transferees. Previously, USCIS inconsistently applied this requirement when a foreign national was in the United States in one status but sought to change to L-1 status.

An L-1 visa permits

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Insureds’ Materially False Statements Can Doom Insurance Coverage for Their Claims
November 2, 2018 | Appeals

There are many different kinds of insurance fraud, as this column regularly observes. There can be fraud contained in applications for insurance policies, fraudulently staged accidents, and fraudulent claims by health care providers treating injured policyholders, among other things.

Insurance policies try to eliminate, or at least to cut down on, insurance fraud in a

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Insurers Overcome Defendants’ Efforts to Delay or Avoid Judgment Day
September 6, 2018 | Appeals

As insurance companies continue to bring more and more civil suits for insurance fraud, defendants are raising a variety of arguments in an effort to delay—and sometimes to significantly delay—the insurers’ actions, or even to avoid judgment altogether. Two interesting new cases—one from the U.S. District Court for the Eastern District of New York, State

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So Far, No Consistent Lineup of Judges for Carriers or Policyholders
August 20, 2018 | Appeals

After a term of transition for the New York Court of Appeals—with Associate Judge Eugene F. Pigott, Jr., retiring at the end of 2016, Associate Judge Rowan D. Wilson joining in February 2017, Associate Judge Sheila Abdus-Salaam’s death in April 2017, and Associate Judge Paul G. Feinman joining at the end of June 2017—the 2017-2018 term

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Health Insurance Fraud: A Key Focus of State and Federal Prosecutors
July 6, 2018 | Appeals

Health insurance fraud continues to be a problem in New York as well as nationally. Nothing may illustrate this better than two recent reports, one issued by New York’s Department of Financial Services (DFS) and the other issued jointly by the U.S. Department of Justice (DOJ) and the U.S. Department of Health and Human Services

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Credit Card Fraud Insurance Case Highlights Barriers to Suits Against Brokers
May 4, 2018 | Appeals

Four years ago, the New York Court of Appeals issued its decision in Voss v. Netherlands Ins. Co., 22 N.Y.3d 728 (2014), which some thought might lead to more and more insurance brokers being sued by policyholders alleging that brokers had not obtained sufficient insurance or appropriate policies for them.

Several recent cases—including by the U.S.

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