An enforceable contract need not be in writing
June 24, 2019 | Evan H. Krinick | Appeals
Commentary: Dustin and Brooks have owned a business together for years. They have no agreement. Dustin wants to retire and work on his golf handicap. Brooks wants to keep working and expand the business. They agree that Brooks will buy Dustin’s interest in the business. They get together with Rory, the company accountant, and they …
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Business mediation can avoid the grind of litigation
May 20, 2019 | Evan H. Krinick | Appeals
My friends who own boats often share with me the famous adage that the best two days of boat ownership are the day that the boat is purchased and the day the boat is sold. The joys of boat ownership are quickly subsumed by the day-to-day grind of maintenance and other aggravations that come with …
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When it comes to attorneys on TV, it’s all fake news
May 6, 2019 | Evan H. Krinick | Appeals
Commentary: Television shows about lawyers are entertaining. “Law and Order,” in all its iterations, was a staple in my house forever. More recently, “Suits” has become an obsession. People of a certain generation will remember “L.A. Law,” and even before that, “Perry Mason.” All of these shows have memorable characters, smart dialogue, dramatic moments and …
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DFS Continues Long History of Strongly Supporting Anti-Fraud Reg
May 3, 2019 | Evan H. Krinick | Appeals
Nearly two decades ago, in 2001, New York state’s insurance regulator—then known as the New York State Insurance Department and now known as the New York State Department of Financial Services (DFS)—promulgated a powerful anti-fraud regulation. The regulation, 11 N.Y.C.R.R. §65-3.16(a)(12), was intended to require that a health care provider, as a condition of eligibility …
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A privileged conversation is too important to throw away
April 8, 2019 | Evan H. Krinick | Appeals
Commentary: Success in a litigation starts with a strong attorney-client relationship. The attorney and the client must work closely together to investigate and learn the operative facts, discern the best strategy to utilize those facts, adapt that strategy as new facts emerge and, as adversaries raise counter-arguments, and ultimately decide to settle or continue the …
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Choice of Law Can Be Key When Fighting Life Insurance Fraud
March 1, 2019 | Evan H. Krinick | Appeals
A stranger-originated life insurance (STOLI) policy is a life insurance policy obtained as an investment for a stranger, rather than for the benefit of the insured’s beneficiaries. Public policy disfavors STOLI policies because, among other things, legislators consider them to be wagers on human life. See, e.g., N.Y. Ins. Law §7815(c) (“No person shall directly …
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Home Court Advantage Makes a Difference For Clients
February 12, 2019 | Evan H. Krinick | 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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The False Claims Act: A Powerful Tool Against Federal Health Care Program Fraud
January 4, 2019 | Evan H. Krinick | 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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Insureds’ Materially False Statements Can Doom Insurance Coverage for Their Claims
November 2, 2018 | Evan H. Krinick | 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 | Evan H. Krinick | 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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