Hat tip to Dave Gottlieb over at No-Fault Paradise for reporting that the New York Court of Appeals today granted leave to State Farm to appeal the Third Department's decision in LMK Psychological Servs., P.C. v. State Farm Mut. Auto. Ins. Co. case to that court.
My LMK-labeled posts are here.
Showing posts with label Per Claim. Show all posts
Showing posts with label Per Claim. Show all posts
Tuesday, July 1, 2008
Monday, June 30, 2008
No-Fault Attorney's Fees Awarded "Per Claim"
NO-FAULT – ATTORNEY'S FEES – PER CLAIM
New York Hosp. Med. Center of Queens a/a/o William Guerrdiaz v. Countrywide Ins. Co.
(Sup. Ct., Nassau Co., decided 6/16/2008)
Although the Third Department's December 2007 decision in LMK Psychological Servs., P.C. v. State Farm Mut. Auto. Ins. Co., seems to have resolved the measure of attorney's fees as being on a "per claim" basis in the lower courts, the question of what constitutes a "claim" remains unaddressed and undecided. This decision adds nothing new, Nassau County Supreme Court Justice Arthur Diamond holding that "[a]n attorney may be entitled to a fee for each claim, rather than a single fee when multiple causes of action are bundled". In this case, the two causes of action of the complaint were on behalf of two different assignors and assignees, so it is not surprising that the court awarded the maximum attorney's fee of $850 for the plaintiff's first cause of action, which sought payment of $2,796.15.
New York Hosp. Med. Center of Queens a/a/o William Guerrdiaz v. Countrywide Ins. Co.
(Sup. Ct., Nassau Co., decided 6/16/2008)
Although the Third Department's December 2007 decision in LMK Psychological Servs., P.C. v. State Farm Mut. Auto. Ins. Co., seems to have resolved the measure of attorney's fees as being on a "per claim" basis in the lower courts, the question of what constitutes a "claim" remains unaddressed and undecided. This decision adds nothing new, Nassau County Supreme Court Justice Arthur Diamond holding that "[a]n attorney may be entitled to a fee for each claim, rather than a single fee when multiple causes of action are bundled". In this case, the two causes of action of the complaint were on behalf of two different assignors and assignees, so it is not surprising that the court awarded the maximum attorney's fee of $850 for the plaintiff's first cause of action, which sought payment of $2,796.15.
Thursday, June 12, 2008
No-Fault Attorney's Fees Awarded "Per Claim"
NO-FAULT – ATTORNEY'S FEES – PER CLAIM
Fortune Med., P.C. a./a/o Eka Lowen v. New York Cent. Mut. Fire Ins. Co.
(App. Term, 2nd Dept., decided 4/3/2008)
The doctrine of stare decisis ("to stand by things decided"), and more particularly vertical stare decisis, requires a court of lower jurisdiction to follow settled precedents or case holdings established by courts of higher jurisdiction in their region.
It's no suprise then, that the Appellate Term, Second Department, REVERSED Queens Civil's reduction of attorney's fees in this $5,855.82 no-fault recovery matter to $850 and held, in accordance with the Third Department's December 2007 decision in LMK Psychological Servs., P.C. v. State Farm Mut. Auto. Ins. Co., that attorney's fees were to be calculated on a "per claim" basis. The decision does not indicate how many "claims" comprised the principal judgment amount and whether each bill was pled as a separate cause of action in an effect to support a "per claim" argument for attorney's fees.
Fortune Med., P.C. a./a/o Eka Lowen v. New York Cent. Mut. Fire Ins. Co.
(App. Term, 2nd Dept., decided 4/3/2008)
The doctrine of stare decisis ("to stand by things decided"), and more particularly vertical stare decisis, requires a court of lower jurisdiction to follow settled precedents or case holdings established by courts of higher jurisdiction in their region.
It's no suprise then, that the Appellate Term, Second Department, REVERSED Queens Civil's reduction of attorney's fees in this $5,855.82 no-fault recovery matter to $850 and held, in accordance with the Third Department's December 2007 decision in LMK Psychological Servs., P.C. v. State Farm Mut. Auto. Ins. Co., that attorney's fees were to be calculated on a "per claim" basis. The decision does not indicate how many "claims" comprised the principal judgment amount and whether each bill was pled as a separate cause of action in an effect to support a "per claim" argument for attorney's fees.
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