Legislation can be vague and outdated, leaving many legal decisions up to the court to decide. Over time, rulings form a precedent for judges and juries to follow, although the formed criterion may not always be the best for all cases. Such a problem existed with New York State’s No-Fault statute. The law guarantees medical and lost wage benefits regardless of who was at fault for the automobile accident, but the vague language has left many victims without proper compensation or justice. Luckily, this past November the injustice was corrected through three appeal cases (Perl v. Meher, Adler v. Bayer and Travis v. Batchi) and now individuals hurt in a car can put their worries at rest and focus on recovery.
HoganWillig, a full-service law firm with offices in Amherst, Buffalo, Lancaster and Lockport is pleased to announce that associate Erica M. Moore has been admitted to the New York State Bar. Ms. Moore earned her J.D. from the State University of New York at Buffalo where she also graduated, cum laude, with a BA in both Psychology and History. Ms. Moore has been a law clerk at HoganWillig since 2010 and will now be joining their Matrimonial and Family Law Department which is the largest of its kind in WNY.
HoganWillig, a full service law firm with offices in Erie and Niagara counties, is pleased to welcome Kevin J. Miller, Esq. Mr. Miller earned both his J.D. and M.A. in Economics from the State University of New York at Buffalo and has obtained his Accredited Estate Planner ® and Certified Financial Planner ™ designations. He most recently was an Assistant Vice President of the Financial Services Group at M&T Bank. Mr. Miller will be focusing his work in HoganWillig’s Estate Planning & Asset Protection Department where he will provide comprehensive estate planning for sophisticated and complex individuals and business clients.
A frequently asked question in cases of divorce is; what has to be divided with my spouse? The general rule is that property acquired after the ceremony and before the filing of a summons is marital property. The general exceptions are property from an inheritance, a gift from someone other than your spouse, or the result of a personal injury recovery.
Article 26 of the New York State Vehicle and Traffic Law covers right of way violations. Two statutes pertain to emergency vehicles and one has recently been modified to apply to hazard vehicles. The obvious goal of the legislature in creating these statutes is to protect the safety of individuals who are in the process of responding to an emergency or who are in a vulnerable position on the side of a road while doing their jobs.
In New York State, everybody has a plan to pass assets on their death. Without a written Will your assets will pass on by what is commonly referred to as “Intestate Distribution” or “Intestacy.” More formally by Article 4 of the New York Estates Powers and Trusts Law (the “EPTL”) – Descent and Distribution of an Intestate Estate.
or at least that is how a great many people who live with pets feel – they are a part of their family.
Unfortunately, the laws of this and other nations have not always reflected this same belief and have failed to protect animals.
The Medicare Secondary Payer Statute requires that no payments for treatment or services for a beneficiary be made by Medicare when payment has been made, or can reasonably be expected to be made under a workmen’s compensation law or plan of the United States or a State or under an automobile or liability insurance policy or plan (including a self-insured plan) or under no fault insurance.
Following a former U.S. Marine’s arrest for attempting to security-check his pistol while visiting the Empire State Building, light has been cast upon one of the Nation’s toughest gun-control laws. The Marine’s weapon was licensed in his home state of Indiana; however, New York State’s gun law fails to recognize out-of-state permits. The law prohibits anyone from carrying a firearm, unless the person specifically has a New York state-issued gun permit. Aside from certain exceptions to the law, such as law enforcement officers, people carrying weapons licensed in other states may be subject to arrest. In addition to the U.S. Marine arrested, a Tennessee medical student was arrested at the 9/11 memorial after trying to check her gun, registered outside of New York. Tea party activist Mark Meckler was also arrested at New York’s LaGuardia airport after attempting to check his unloaded California-registered pistol in a locked box.
On January 10, 2012, the Court of Appeals of the State of New York, the State’s highest Court, ruled in favor of families who have lost loved ones because of the negligence of others. In Toledo v. Christo, the Court ruled that a wrongful death plaintiff may collect interest on a damage award from the date of a decedent’s death, rather than the date a court ruled on liability. Specifically, the Court held “the proper method for calculating preverdict interest in a wrongful death action is to discount the verdict to the date of liability, i.e., the date of death, and award interest on that amount from the date of death to the date of judgment.”