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NY A07450
Bill
Status
5/22/2023
Primary Sponsor
Charles Lavine
Click for details
AI Summary
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Removes the requirement that "extraordinary circumstances" must be present before a court can award enhanced attorney's fees in medical, dental, and podiatric malpractice cases.
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Establishes new factors for courts to consider when evaluating enhanced fee applications, including whether the attorney's performance was superior and the case result relative to liability and damages issues.
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Makes attorney consent from the claimant or plaintiff a consideration but not a prerequisite for awarding enhanced fees.
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Eliminates the requirement that attorneys submit documentation of hours expended when applying for enhanced compensation.
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Caps any enhanced fee award at the amount specified in the attorney's contractual arrangement with the claimant or plaintiff, if such an agreement exists.
Legislative Description
Updates the procedure for applying for attorney's fees in medical, dental or podiatric malpractice cases in excess of the statutory contingent fee schedule in circumstances where the amounts set forth in such fee schedule are inadequate to compensate the attorney for the legal services rendered.
Last Action
referred to judiciary
1/3/2024