What Is New York's No-Fault Scheme Ill-Equipped to Handle? (The right answer is not "claims".) - Hello friend Smile Your Brain, In the article you read this time with title What Is New York's No-Fault Scheme Ill-Equipped to Handle? (The right answer is not "claims".), we have prepared this article well for you to read and take the information in it. hopefully the contents of the post Article Fraud, Article No-Fault, Article Preliminary Injunction, Article RICO, Article Stay of Arbitration, Article Unjust Enrichment, which we write you can understand. okay, happy reading.

Title : What Is New York's No-Fault Scheme Ill-Equipped to Handle? (The right answer is not "claims".)
link : What Is New York's No-Fault Scheme Ill-Equipped to Handle? (The right answer is not "claims".)

What Is New York's No-Fault Scheme Ill-Equipped to Handle? (The right answer is not "claims".)

NO-FAULT – RICO AFFIRMATIVE ACTION – PRELIMINARY INJUNCTION STAYING COLLATERAL ARBITRATIONS & LITIGATION – MOTION TO DISMISS

GEICO v. Mikhail Strut, MD, RES Physical Medicine & Rehabilitation Services, PC, and Cheryle Hart, MD
(WDNY, 4/10/2020)

Those of you dealing with Mikhail Strut, MD (f/k/a Mikhail Strutsovskiy) and his medical practice,  RES Physical Medicine & Rehabilitation Services, PC, may want to read this decision (click the case name) and follow this case.  

In this decision and order, WDNY Judge Sinatra adopted Magistrate Judge Scott's recommendations to:

• DENY defendants' motion to dismiss GEICO's complaint, which alleges causes of action based on RICO, fraud and unjust enrichment; and

• GRANT GEICO's motion for a preliminary injunction and a stay of all collateral no-fault suits and arbitrations, upon GEICO posting $500,000 security. 

In rejecting Dr. Stut's argument that GEICO was trying "improperly to circumvent New York's no-fault scheme" by litigating Strut's claims in federal court, Judge Sinatra remarked:  "Well, isn't that the pot calling the kettle black?  But the law is clear that Plaintiffs may maintain RICO and fraud claims in federal court, notwithstanding New York's no-fault scheme, because the no-fault scheme is ill-equipped to handle claims involving systemic fraud." 

Okay, Judge Sinatra didn't write the pot/kettle thing.  But he did deny Dr. Strut's motion to dismiss and grant GEICO's preliminary injunction application.  If you're a New York no-fault insurer and are facing growing numbers of suits and arbs while you race to complete a global DJ action to confirm your non-coverage position, consider moving for preliminary injunctive relief.  

Yes, that Mikhail Strut.

Such is the article What Is New York's No-Fault Scheme Ill-Equipped to Handle? (The right answer is not "claims".)

That's an article What Is New York's No-Fault Scheme Ill-Equipped to Handle? (The right answer is not "claims".) this time, hopefully can benefit for you all. okay, see you in other article posting.

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