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Toxic Torts

Tuesday, March 24, 2009

By Philip E. Karmel

"Philip E. Karmel, a partner at Bryan Cave, writes that by incorporating Habitat Equivalency Analysis as a permitted damage assessment technique, DOI brings its rules up-to-date with the use of this approach in the past for cooperatively performed assessments and settlement negotiations."

Trial Practice

Tuesday, March 24, 2009

By Robert S. Kelner and Gail S. Kelner

"Robert S. Kelner, the senior partner at Kelner and Kelner, and Gail S. Kelner, an attorney with the firm, write that a 2006 U.S. Supreme Court ruling reshaped the law governing Medicaid liens asserted against recoveries in personal injury cases. In New York, they note, before Ahlborn, public agencies could potentially recover the entire value of their asserted Medicaid liens, even if the plaintiff had only obtained a limited recovery."

OUTSIDE COUNSEL:

Law Rapidly Changing Concerning Preferential Rents, Renewal Leases

Tuesday, March 24, 2009

By Victor S. Faleck

"Victor S. Faleck, deputy chief court attorney at the Appellate Term, Second Department, writes: When a landlord charges a rent-stabilized tenant less than the maximum legal regulated rent, the rent charged is known as a "preferential rent." The law with respect to whether preferential rents carry over into renewal leases has undergone many changes over a relatively short period of time. A recent departure by the Division of Housing and Community Renewal from its established position on this issue is worthy of note and may entail further change."