Category Archives: Civil Litigation

Lois LLC counts among its clients several general liability, premises liability and automobile liability insurance carriers and third party administrators. Our attorneys regularly represent these clients’ insureds in defense of personal injury matters filed in all counties in Metropolitan New York, all counties in New Jersey and in the federal courts. We also defend the rights of carriers and self-insureds in reimbursement claims under New York WCL § 29 and New Jersey’s Section 40 (N.J.S.A. 34:15-40).

As with all litigated matters, we take a proactive approach to the defense of claims of personal injury and, as a result, our clients enjoy a very high rate of success in settlement and at trial. Learn more here: https://loisllc.com/general-litigation/

Leveraging a Third-Party Action in a Workers’ Compensation Claim: Civil Litigation Webinar

Join Us for This Live Webinar on Monday, September 13, 2021 at 3:00 PM EST

In this live webinar, “Leveraging a Third-Party Action in a Workers’ Compensation Claim,” Christopher Major of the Lois Law Firm, leads a presentation and discussion on how the strategic risk professional will increase their bargaining power in resolving a workers’ compensation action when a claimant has a civil action pending against an actual tortfeasor. We’ll talk about global resolutions, waiver of reimbursement, and the use of discovery in impacting the workers’ compensation claim. Join us for this live discussion and Q & A.

Major will discuss the following:

  • The value of strategic coordination when resolving workers’ compensation case sin the presence of a third-party action.
  • What risk professionals can do to maximize leverage and obtain amicable resolutions.
  • Real life examples of strategic leverage and global settlement.
  • How recent case decisions will impact the practice in 2021 and beyond.

To register for our Civil Litigation Webinar Series, a monthly discussion of recent case law developments and best practices for handling civil claims and reimbursement actions, click the button below (or register here).

Continue reading Leveraging a Third-Party Action in a Workers’ Compensation Claim: Civil Litigation Webinar

Video: The Carrier’s Rights Under Kelly, Burns, & Bissell

The “Major Monday’s” Webinar

In this video, “The Carrier’s Rights Under Kelly, Burns, and Bissell,” Christopher Major explores the carrier’s right to reimbursement and subrogation under Section 29 of the New York workers’ compensation law. This video was recorded live from training provided by Lois LLC on August 9, 2021.

Major discusses the following:

  • There’s no such thing as 1/3rd, 1/3rd, 1/3rd in New York!
  • How Kelly apportionment works with examples.
  • How the Burns decision impacts recovery for Loss of Wage Earning Capacity awards.
  • Understanding how the share of litigation expense impacts recovery.
  • What the Matter of Stenson means for lien waiver.
  • The Bissell decision and speculative medial expenses.

Watch here now or below.

To register for our Civil Litigation Webinar Series, a monthly discussion of recent case law developments and best practices for handling civil claims and reimbursement actions, click the button below (or register here).

Continue reading Video: The Carrier’s Rights Under Kelly, Burns, & Bissell

Video: Coordinating Multijurisdictional Construction Litigation Using Milestones

In this video taken from her popular webinar series, Tashia Rasul leads a discussion and answers questions about using litigation milestones to coordinate counsel representing construction entities in actions pending in civil court and workers’ compensation court at the same time.

Tashia is a partner at Lois Law Firm and Construction Defense Team Leader. This video is from a live webinar recorded on August 2, 2021.

In this video, Tashia talks about:

  • Coordinating litigation proceeding in both workers’ compensation court AND a civil court;
  • Milestones in a typical workers’ compensation proceeding in New York;
  • Milestones in a construction general liability action in New York.
  • Best Practices for reaching global settlements, including advice on mediation strategy.

Tashia is a partner at Lois Law Firm and Construction Defense Team Leader. This video is from a live webinar recorded on August 2, 2021. Here’s a direct link to watch this video now: link to video (registration required).

How to attend these webinars live and ask questions.

To register for our Construction Litigation Webinar Series, a monthly discussion of recent case law developments and best practices for handling construction accident claims in New York, click the button below (or register here).

Continue reading Video: Coordinating Multijurisdictional Construction Litigation Using Milestones

Carrier’s Rights Under Kelly, Burns & Bissell: Civil Litigation Webinar

Join Us for This Live Webinar on Monday, August 9, 2021 at 3:00 PM EST

In this live webinar, “Carrier’s Rights under Kelly, Burns & Bissell in New York,” Christopher Major, Civil Practice Team Leader at Lois Law Firm, leads a presentation and discussion on the limits of reimbursement under New York’s controlling case law. Join us for this live discussion and Q & A.

Major will discuss the following:

  • The maximum reimbursement value from the proceeds of third-party claim
  • What risk professionals need to know about the limits of reimbursement from civil actions to workers’ compensation carriers.
  • Examples from actual cases including a “how to” guide to calculations.
  • How recent case decisions will impact the practice in 2021 and beyond.

To register for our Civil Litigation Webinar Series, a monthly discussion of recent case law developments and best practices for handling civil claims and reimbursement actions, click the button below (or register here).

Continue reading Carrier’s Rights Under Kelly, Burns & Bissell: Civil Litigation Webinar

Video: “Liening” Over State Lines: Multi-jurisdictional Issues in Workers’ Compensation Subrogation

The “Major Monday’s” Webinar

What happens when your employee gets injured by a tortfeasor while in another state? Does the employer/carrier have the ability to assert a demand for reimbursement of the worker’s compensation cost against the party residing in another state? How does the employer/carrier maximize its recovery? 

In this video, Chris Major discusses  answers to all of those questions as well as the following:

  • New York and New Jersey Subrogation generally;
  • The New York standard for reimbursement rights across state lines in third-party cases;
  • How to Apply the New York standard for reimbursement across state lines in context with examples;
  • The New Jersey standard for seeking reimbursement across state lines;
  • Applications of New Jersey’s law with examples;
  • Other jurisdictional issues, including prohibitions on reimbursement and subrogation claims.

This video is taken from a live webinar provided to Firm clients on July 12, 2021. 

To register for our Civil Litigation Webinar Series, a monthly discussion of recent case law developments and best practices for handling civil claims and reimbursement actions, click the button below (or register here).

Continue reading Video: “Liening” Over State Lines: Multi-jurisdictional Issues in Workers’ Compensation Subrogation

Video: Legal Issues in Coordinating Multijurisdictional Construction cases

In this video taken from her popular webinar series, Tashia Rasul leads a discussion and answers questions about coordinating counsel across multiple jurisdictions in construction accident cases. Topics include:

  • Privileges, disclosures, and collateral estoppel;
  • Protected and unprotected documents; and
  • Investigation Reports.

Tashia is a partner at Lois Law Firm and Construction Defense Practice Team Leader.

Tashia Rasul leads webinar

This video is from a live webinar recorded on July 6, 2021.

Here’s a direct link to watch this video now: link to video (registration required).

How to attend these webinars live and ask questions.

To register for our Construction Litigation Webinar Series, a monthly discussion of recent case law developments and best practices for handling construction accident claims in New York, click the button below (or register here).

Continue reading Video: Legal Issues in Coordinating Multijurisdictional Construction cases