Tag Archives: Preclude

New York Court Rules Dead Man’s Statute Does Not Preclude Evidence of Written Consent in a Medical Malpractice Case

Prior to surgery, the physician performing the surgery will typically obtain the patient’s informed consent. The process of obtaining informed consent involves advising the patient of any potential risks to the surgery and asking if the patient understands the risks … Continue reading

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Court Says the Development of a Disabling Condition after Surgery for an Unrelated Condition Does Not Preclude Recovery of ERISA Disability Benefits under Pre-Existing Condition Exclusion

Insurance companies often seek to exclude insureds from coverage through their long-term disability (“LTD”) plans by asserting the pre-existing condition exclusion.  If an applicant for LTD benefits has a non-disabling condition or becomes disabled as a result of a condition … Continue reading

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Appellate Division Rules that a Lost Note Does Not Preclude the Right to Enforcement

By Alex Lee, Esq. On November 16, 2018, the Appellate Division in the matter of Investors Bank v. Javier Torres, A-3029-16T4, affirmed a decision granting final judgment with respect to the issue of foreclosure on a mortgage which secured a … Continue reading

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[Eugene Volokh] State Civil Protective Order Doesn't Preclude Federal Challenge to Criminal Harassment Statute

An interesting new Younger abstention case from the Ninth Circuit, arising in our challenge to Washington's very broad criminal harassment statute.[1.] A Washington state statute criminalizes (among other things) "mak[ing] an electronic communication to … a third party" "with intent … Continue reading

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Los Angeles Daily Journal Publishes Article by Robert J. McKennon Entitled “Preexisting Condition Doesn’t Preclude Coverage”

On May 24, 2018, the Los Angeles Daily Journal published an article written by Robert J. McKennon of the McKennon Law Group PC.  The article examines a recent case by the Ninth Circuit Court of Appeals addressing preexisting conditions and … Continue reading

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