法律资讯
Civil Suit for Car Accident: Choosing Lawsuits over Claims
No-Fault covers medical expenses and part of your lost earnings regardless of who caused the accident. It does not cover pain and suffering, and it stops at the policy limit. What a lawsuit adds is non-economic loss — available only if the serious injury threshold is met — and economic loss above the No-Fault limit. Losses within No-Fault generally cannot be pursued in tort. For actions commenced on or after May 26, 2026, two changes affect what is recoverable.Section 5104(a) reorders the trial. Fault is determined before the serious injury question, and no liability for non-economic loss attaches until a serious injury is found. Section 5104(d) caps non-economic loss at $100,000 in a narrow set of cases: an at-fault operator who was driving uninsured, or who was impaired and convicted, or who was committing a felony and convicted of it. The cap reaches operators only — not passengers, pedestrians, or cyclists — and it does not apply where the injuries resulted in death. Separately, the serious injury threshold itself narrowed. The 90/180-day category was removed from § 5102(d) for actions commenced on or after the same date. And recovery can now be barred entirely. CPLR § 1411(b) prevents recovery in these cases where the claimant's fault exceeds the defendant's — an exception to the pure comparative fault rule that still governs other personal injury actions.The commencement date controls, not the date of the accident.
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How Does a New York City Tax Attorney Handle an IRS Tax Fraud Investigation?
Learn how a New York City tax attorney handles IRS tax fraud investigations, evaluates criminal exposure, and develops defense strategies before federal charges are filed. An IRS tax fraud investigation can begin long before criminal charges are filed, making early legal analysis essential. A New York City tax attorney evaluates the evidence, explains potential criminal exposure, and develops defense strategies throughout an IRS tax fraud investigation. From my experience, understanding the investigation process early often helps taxpayers make informed decisions before the government finalizes its case.
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Fraud and Embezzlement Rights and Strategic Defense
3 Key Insights of Fraud and Embezzlement: Understanding legal distinctions and Penal Law, navigating criminal and civil consequences, and implementing effective defense strategies against misappropriation charges.Fraud and embezzlement are serious financial crimes that can result in significant criminal penalties and civil liability under New York law. Understanding the distinctions between these offenses, the legal consequences, and your rights if you face accusations is essential for protecting yourself. This guide explains how New York courts address fraud and embezzlement cases, what defenses may apply, and when to seek legal representation.
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What Is Itc Section 337 Litigation and How This Litigation Works
ITC Section 337 litigation is a powerful federal mechanism used to block the importation of goods that infringe upon United States intellectual property rights. This administrative process, overseen by the International Trade Commission, provides domestic industries with a rapid alternative to traditional district court lawsuits. By initiating an investigation, New York companies can obtain exclusion orders that effectively stop infringing products at the border. Understanding how this litigation works is essential for protecting market share against unfair foreign competition and maintaining the integrity of the domestic marketplace.
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How Do Consumer Goods Liability Claims Work in New York?
Consumer goods liability claims arise when a product defect or failure causes injury or property damage, and the injured party seeks compensation from the manufacturer, distributor, or retailer.New York recognizes strict liability, negligence, and breach of warranty theories for defective consumer goods. Success depends on proving the product was defective at the time it left the defendant's control, that the defect was the proximate cause of injury, and that compensable damages resulted.
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New York Anti-Slapp Law: a Litigation Shield for Business Acquirers
New York's anti-SLAPP law lets acquirers dismiss retaliatory lawsuits over deal-related speech early and recover attorney fees when the claim is meritless.When a deal turns contentious, a seller may sue to punish an acquirer for a regulatory filing or candid statements rather than to win. This guide focuses on the defense: when speech qualifies under the anti-SLAPP statute, how the burden shifts, and how you recover fees. Whether the purchase is a bona fide acquisition is a separate question.
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