In the United States, parties typically pay their own legal fees, absent a fee-shifting statute or contract. A statute or contract can force the losing party to pay the prevailing party’s legal fees. There are over 200 federal statutes, and nearly 2,000 state statutes that include fee-shifting provisions. The Fair Labor Standards Act and the Lanham [...]
Moore Kuehn often handles mediations for clients looking to resolve their cases without the expense and delay of going to trial. Mediation is an alternative dispute resolution method in which a mediator helps the parties understand the value of the case so that a lawsuit can be settled without going to trial. The mediator does [...]
Prosecuting personal injury claims can require legal services outside of traditional state court proceedings and negotiating with insurance companies. Tortfeasors who declare bankruptcy are immune from prosecution and civil judgments until a motion for relief from stay is granted by the bankruptcy court. Most personal injury attorneys do not appear in bankruptcy courts or understand [...]
In January 2018, Moore Kuehn filed a class action lawsuit against student loan servicer Conduent Education Services f/k/a ACS. The complaint alleges that ACS had a systemic and long history of failing to certify loan balances when borrowers sought consolidation. As a result, student borrowers' federal direct consolidation loan applications were improperly and wrongfully denied, [...]
Attorney Moore has been selected as one of the 2019 New Leaders in the Law by the Connecticut Law Tribune. Winners of the 2019 Connecticut Legal Awards, including Moore, were determined through a panel review of submissions sent in from attorneys and firms from across the state. In all, 65 winners from more than 40 [...]
Excessive refuse and devastating pollution has become a growing concern among people everywhere around the globe. States, counties, and cities have enacted laws and ordinances in an effort to curb needless trash and packaging. One such law is New York, Local Law No. 27-2016 (the “Bag Fee Law”), which went into effect on January 1, [...]
Often times defendants in car accident lawsuits carry the bare minimum for insurance policy limits. These limits may be as low as $20,000 to $50,000. Such an amount is almost never enough to adequately compensate car accident victims with serious physical injuries. This is especially true when victims require surgery or other expensive medical procedures. [...]
Fewer than 2.5% of all attorneys are selected as Rising Stars by Super Lawyers. On April 8, 2018, two Moore Kuehn attorneys received the prestigious award for the 2018 New York Metro SUPER LAWYERS. Moore Kuehn is honored to be recognized by their peers and legal community for doing what they love, helping clients when [...]
In New York, defendants can contest service and move to dismiss a lawsuit for failure to serve. When there is a question regarding whether the defendant was properly served, courts will order a traverse hearing–an evidentiary hearing regarding service of the summons and complaint on the defendant. Under 22 NYCRR § 208.29, whenever the court [...]
Under New York no-fault insurance laws, persons injured in car accidents must first request no-fault insurance coverage from their own car insurer or the insurer for the driver of the car in which they were riding. This is known as no-fault insurance coverage. No fault can pay up to $50,000 worth of medical bills [...]
