Robert K. Erlanger’s Answers

Robert K. Erlanger

New York Lawsuit / Dispute Attorney.

Contributor Level 13
  1. What question does defense lawyers ask when you in litigation

    Answered 12 months ago.

    1. Craig A. Post
    2. David Michael Kasell
    3. Robert K. Erlanger
    4. Edwin Drantivy
    5. Josh P Tolin
    6. ···
    9 lawyer answers

    I take it from your question that you are a plaintiff. If you have your own attorney, you should be asking him these questions. If you don't have one, get a personal injury lawyer immediately.

    14 lawyers agreed with this answer

  2. NY, my doctor won't give me my pain medication, because he said my urine didn't show it, although i take it. I have RA, in pain.

    Answered 11 months ago.

    1. Jayson Lutzky
    2. Robert K. Erlanger
    3. Christian K. Lassen II
    4. Ilya Novofastovsky
    5. Dean P Murray
    6. ···
    9 lawyer answers

    An exclusive agreement with a physician to provide prescriptions? You have to provide information about your health coverage and more detail about this arrangement.

    10 lawyers agreed with this answer

  3. What's a motion

    Answered 12 months ago.

    1. Robert K. Erlanger
    2. Jayson Lutzky
    3. L. Maxwell Taylor
    4. Eric Edward Rothstein
    5. Marc A Sherman
    5 lawyer answers

    Courts generally do not do significant things in cases without being asked to do so by a party. A motion is an official application to the court to do something with notice to the adversaries (unless the application is by ex part order to show cause). I haven't heard the expression that you cited. Generally the term is "motion submitted." If the judge hears oral argument and decides to make a decision at a later time upon full review of the motion papers and oral argument the court will "...

    Selected as best answer

  4. On what basis can I file a motion to quash subpoena?

    Answered about 1 year ago.

    1. Robert K. Erlanger
    2. Thomas J Callahan
    3. Matthew C Simon
    4. Robert Bruce Kopelson
    4 lawyer answers

    Sounds like the party you are negotiating is conducting its due diligence, i.e., it wants you to testify under oath as to your assets so that way it will feel comfortable with a settlement and not leave money on the table. You cannot ignore the subpoena. You can ask the party who issued it to withdraw it, but under the circumstances of a judgment, it is unlikely that a court would "quash" (squash) or modify the subpoena. If you ignore the subpoena, the other side could make a motion with...

    9 lawyers agreed with this answer

  5. On what basis can Congress pass an Internet sales tax?

    Answered 12 months ago.

    1. Eric Edward Rothstein
    2. Robert K. Erlanger
    3. Allan Richard Pearlman
    4. Jayson Lutzky
    5. Edwin Drantivy
    6. ···
    7 lawyer answers

    On the basis that Congress has far reaching powers under the U.S. Constitution to regulate commerce between and across the 50 states. See link following.

    7 lawyers agreed with this answer

    1 person marked this answer as helpful

  6. Depending on your uninsured motorist policy, does that determine how much pain and suffering money you receive?

    Answered 9 months ago.

    1. Gregory Scott Gennarelli
    2. Eric Edward Rothstein
    3. Brian Curtis Pascale
    4. Robert K. Erlanger
    5. David Ian Schoen
    6. ···
    9 lawyer answers

    It depends upon whether your health insurance plan is an ERISA self-funded plan. The law has changed so that ERISA (federal law) preempts state law regarding allocation of settlement funds for medical costs . It may be difficult, if not impossible, to negotiate something from the health care provider's rep (particularly if it is Rawlings). You must consult with an knowledgeable personal injury attorney for a small fee to discuss your options.

    7 lawyers agreed with this answer

  7. If I died, and came back to life, can I collect life insurance?

    Answered 10 months ago.

    1. James P. Frederick
    2. Thomas Sciacca
    3. Celia R Reed
    4. Jayson Lutzky
    5. Robert K. Erlanger
    6. ···
    7 lawyer answers

    The lawyers on this site give guidance, not advice, and we certainly wouldn't aid & abet insurance scams.

    7 lawyers agreed with this answer

  8. I NOTICED THAT THE NAME ON MY PRESCRIPTION BOTTLE, OF WHICH I HAD USED SOME OF THE MEDS, WAS NOT MINE, BUT SOMEONE ELSE'S NAME.

    Answered 11 months ago.

    1. Michael J Palumbo
    2. Warren Jeffrey Roth
    3. Christian K. Lassen II
    4. Robert K. Erlanger
    5. Eric Edward Rothstein
    6. ···
    9 lawyer answers

    You have no lawsuit. The pharmacy made a mistake, you suffered no damage. End of story.

    7 lawyers agreed with this answer

  9. How can I vacate a judgement for attorney fees?

    Answered about 1 year ago.

    1. Russell Evan Adler
    2. Craig A. Post
    3. Robert K. Erlanger
    4. Jayson Lutzky
    5. Matthew C Simon
    5 lawyer answers

    Beyond the prior attorney's answer, an attorneys' fee application is part of the prior proceeding so no new summons and complaint would be required.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. Can I sue Plaintiff. for "financial Hardships" due to a defamation lawsuit filed against me? Plaintiff lost

    Answered about 1 year ago.

    1. Paul Karl Siepmann
    2. Eric Edward Rothstein
    3. Robert K. Erlanger
    4. Tatiana Neroni
    4 lawyer answers

    I'm not aware of any legal claim called "financial hardship." There is protection under the U.S. bankruptcy laws under the right circumstances but it doesn't sound like you want to go there. Most unfortunately, as you point out, you cannot recover attorneys' fees. That's the "American Rule" as opposed to the "British Rule" where the loser pays all fees and costs.

    6 lawyers agreed with this answer

    1 person marked this answer as helpful

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