seancallagybusinessmastery

[seancallagybusinessmastery]

New Post has been published on Callagy Law

New Post has been published on http://callagylaw.com/facebook-face-off-through-counsel-callagy-law-pennsylvania-entrepreneur-suing-facebook-for-destroying-his-business/

FACEBOOK FACE-OFF: Through Counsel Callagy Law, Pennsylvania Entrepreneur Suing Facebook For Destroying His Business

For Immediate Release

Paramus, NJ – Friday, August 24, 2018

“Facebook is unlawfully silencing people (including Fyk) for its own financial gain…Facebook is not above the law and must be held accountable for its wrongs…this is a true case of David versus Goliath.” Cite N.D. Cal. Complaint

Callagy Law’s Sean Callagy and client, Jason Fyk, appeared on FOX & Friends this morning, Friday, August 24, 2018, to discuss the matter of Facebook’s destruction of Mr. Fyk’s businesses using tortious, unfair anti-competitive, extortionate, and/or fraudulent practices to silence Mr. Fyk and take control of the advertising revenue his businesses generated off of Facebook’s “free” channel.

What would happen if your business and only source of revenue was suddenly taken away from you?

This is what happened to Mr. Fyk, and more than likely many others.

Jason’s primary business Facebook page was ranked, by one source, as the fifth most active page on the internet. He had over 25,000,000 followers of his pages, and the exposure his pages received earned a living for him and his family (and once employees).  After years of success, Facebook decided to cut itself into the deal by destroying or severely devaluing Mr. Fyk’s businesses / pages.  Facebook’s actions destroyed Mr. Fyk’s businesses. Mr. Fyk decided it was time to fight back against the injustice he has suffered (on his behalf and, for that matter, on behalf of all entrepreneurs)– Mr. Fyk is now suing Facebook for its unlawful and inequitable practices.

“…he [Jason] was unplugged and everything is about having the dependable and consistent reach to get to people for advertisers.  So his advertisers disappeared but Facebook kept that reach for themselves and or redistributed to other people so they could make that money.”  –Sean R. Callagy, FOX & Friends, 8/24/2018

When asked about Facebook’s Terms of Service, Mr. Callagy states:

“… the issue though is that we have laws in this country that protect against unfair, anti-competitive business practices.  There’s legal terminology for things you can and can’t do regardless of what Facebook’s Terms of Service says and essentially it says we could do whatever we want whenever we want but the law is something different.” –Sean R. Callagy, FOX & Friends, 8/24/2018

Diamond & Silk, social media giants, also commented:

“…I am so happy that…he’s suing Facebook…To take somebody building their American Dream. They have a platform. They have a place for you to brand your page. For you to build your fan page. For you to make money off of it and then [to] pull the rug up from under you. Yes, I think he should sue Facebook and I’m happy that he’s doing it.”  –Diamond & Silk, FOX & Friends, 8/24/2018

With offices in New York, New Jersey (Paramus and Jersey City), Arizona, and Florida, Callagy Law is a multi-faceted law firm committed to providing legal representation and advice to individuals, medical providers, and business owners.  For a full list of the firm’s practice areas, please click here.

At Callagy Law, we are “Fundamentally changing the way people feel about lawyers, one client at a time” through our Caring, Urgency and Aggression.

For more information, visit our Website, Facebook, Instagram and LinkedIn.

###

[seancallagybusinessmastery]

New Post has been published on Callagy Law

New Post has been published on http://callagylaw.com/why-a-50-50-split-ownership-of-a-business-entity-is-a-bad-idea/

Why a 50/50 Split Ownership of a Business Entity Is a Bad Idea

Callagy Law: Experienced Business Attorneys Serving New Jersey

It happens every single day, you go into business with your closest friend or a co-worker you have worked with for over 10 years. You decide it is the two of you forever. You will defy the odds… take on the world… and be super successful. And then, it happens.

You are successful! You make your first million in revenue. Followed by a second and then a third. By the time you blink your eyes, you are taking draws or dividends of over $500,000 a year each. And then a million. You stop paying attention to the company expenses. You are killing it, who cares?!

You are working 80 hour weeks to keep up with the flood of business. You barely see your wife and your kids.

Your partner is going home at 3:00 each day, using the company card to buy tickets to the super bowl and booking flights to Orlando to take his family and your kid’s friends to Disney.

It starts with annoyance, frustration, resentment, and now full-blown anger. When your friend gets back to the office from his latest trip to Europe, you are going to confront him. He comes in at 11:30, tanned, and holding an iced coffee from Starbucks. He is schmoozing with employees, distracting them from the deadline you set which they are likely going to miss.

After trying to be as cool as possible, you pull him aside and confront him directly. You are working like a horse and he is living it up. You thought you were in it together, that you would blow up the business, have rapid growth and take on the world. You wanted more challenge, more fulfillment and more money. He gets upset that you are attacking him when he just got back from his trip, that he never wanted to blow up the business and wanted more time to relax and be with his family.

You tell him that it’s time to go separate ways. He tells you he invested in the company and he is not going anywhere. You exchange harsh words, he throws his iced coffee at you… now it’s war!

Splitting a Business in New Jersey: The Business Divorce

This scenario happens daily (if not hourly) in companies around the country (if not the world). What happens when two 50/50 owners try to split up the business, sometimes referred to as a business divorce. The most likely result: a buyout, dissolution of the company, and a litigation war.

Unless there are bylaws for a corporation or an operating agreement for a limited liability company, the laws regarding LLCs and corporations favors a controlling member or shareholder. When the split is 50/50, however, a deadlock can occur because both parties only have the legal power to veto the other’s decision if they disagree. If the owners cannot work through their differences, the result is a forced or judicial dissolution of the company, meaning the company is split up or sold off.

If the state is one in which the default laws allow for an election to buyout someone’s interest, a proceeding called a valuation hearing is held and a judge (or in some rare cases a jury) will decide on the value of your business and the party electing to buy out the other person’s interest. This process can be extremely expensive where both sides hire valuation experts that can be extremely expensive to value the business. That valuation does not occur until a lot of documents are exchanged and you, your former business partner and other employees are forced to sit for a deposition in a process called discovery.

Factors That Impact a Business Divorce in New Jersey

The result of that war depends on a lot of things, including what the bylaws of the corporation or the operating agreement in a limited liability company say, who has the most control over the employees, how much money each party has saved up and who has controls of the books and records. If you do not have the hearts and minds of the employees, do not have the bankroll to sustain lengthy litigation or the money to afford a buyout, you are in deep trouble.

In many instances, might makes right. The person with more control, more money or the more aggressive litigation position usually wins. Even if you do win, the smoldering remains of your once prosperous company are generally damages beyond repair making any victory empty. This is why a 50/50 ownership structure is a really bad idea, especially if you do not have clear agreements setting out the expectations of each of the owners, an exit strategy in the event the relationship turns sour, clearly stated ejection or business breakup terms, and long detailed discussions about what every wants out of the business.

Do these things, and you have a chance at making it work.

Do not do these things, and you will likely have an inevitable war especially when you are successful!

Contact an experienced business formation attorney at Callagy Law

If you are in the early stages of entity and business formation, have questions about how to have alternative business structures, want to have clear agreements to avoid an inevitable war, or have unfortunately found yourself in a business breakup, business divorce, shareholder or member dispute, or other corporate or commercial litigation, you should contact Michael Smikun at MSmikun@callagylaw.com.

[seancallagybusinessmastery]

New Post has been published on Callagy Law

New Post has been published on http://callagylaw.com/how-much-is-my-personal-injury-case-worth-in-new-jersey/

How much is my personal injury case worth in New Jersey?

Callagy Law: Personal Injury Attorneys handling cases throughout Bergen County, Hudson County, and All of New Jersey

Once upon a time, there was a person injured in a car accident. The insurance company, after a course of six months of medical treatment was completed, took the position, that the victim did not have a permanent injury under New Jersey’s verbal threshold law.

The first great challenge when a neck and back injury is an issue for a car accident or personal injury victim is whether the lawyer is willing to try the case, and, establish to the jury that the car accident victim’s injuries satisfy New Jersey’s verbal threshold.

Thus, the skill and reputation of your attorney in successfully handling verbal threshold New Jersey car accident cases is a key factor in how the insurance carrier values your verbal threshold car accident case.

What is the Verbal Threshold in New Jersey?

New Jersey’s verbal threshold law limits one’s rights to bring a personal injury lawsuit unless the victim or family can prove overwhelmingly that he or she suffers from injuries that meet a medical standard, called a threshold. Injuries that meet or exceed the threshold include:

Death

Dismemberment

Significant disfigurement

Significant scarring

Displaced fractures

Loss of one’s fetus

Permanent injury to a body part, organ, or both that will not heal with medical care

New Jersey Insurance Companies Will Fight

In a typical case, our injured car accident victim’s case will be valued at zero by the insurance company even if the doctor renders an opinion that the person has a permanent injury.

There are a variety of factors that go into this evaluation. The challenge, though, is that insurance carriers claim that car accident victims have no injuries if they do not receive medical treatment. If they do receive medical treatment, however, then the carrier claims the car accident victim is only going to doctors that game the system in trying to beat the verbal threshold, line their own pockets and increase the value of the case for lawyers.

This is a day to day ongoing war. The carriers work hard to send the propaganda filled message that all car accident victims who file lawsuits are fraudsters. And, insurance companies are multi-billion dollar corporations with massive resources to get their message out against lawyers, doctors, and injured car accident victims.

Location Matters in Your Personal Injury Case

Moreover, different counties in New Jersey have very different reputations. Bergen County has a very different reputation than Hudson County, which is different from Essex County. Thus, a car accident victim living in Paramus, all other factors being the same, will have a very different value put on his or her case than a car accident victim living in Jersey City.

The larger message is to continue to educate the public about who is really harming consumers and victims of car accident cases. The more specific issue is: do not be discouraged by the verbal threshold in New Jersey or whether you live in Bergen County versus some other county. If you are injured in a car accident and will have lasting pain, you have a right to bring your claim and be compensated for your injuries, pain and suffering.

Does The Quality Of My Attorney Matter?

In our little once upon a time, my partner, Hala Jaloudi, Esq., had a case the insurance company valued at zero. Hala made a very reasonable settlement offer. The carrier said ZERO relying upon the verbal threshold.

Hala Jaloudi, as a true warrior for justice, took the case to trial, even though many attorneys would never have

The result?

Hala got $300,000.00 for her client.

What does that mean beyond that outstanding result for the car accident victim? It means that when dealing with insurance carriers, they know Callagy Law is ready to try verbal threshold cases and win. It means when negotiating with insurance companies who exist in a world of belittling every case that Callagy Law, through our caring, urgency and aggression, is able to confront the insurance company positions with confidence, truth and strength, to enter in a different pattern of thinking and reality.

This, as we will be exploring in other content we produce for you, is critical in resolving cases. Helping to shift the reality of the other side and the insurance company that they do not hold all the power, but really the jury does in a verbal threshold case, along with the skilled attorney who is capable of educating the jury, is what true negotiations in a car accident case are all about.

Many attorneys fear jury trials. Callagy Law does not. Aside from Hala’s wonderful ending for that car accident victim facing the verbal threshold, we have proudly obtained not one, but two top 100 National Jury Verdicts for our clients. Callagy Law, and Sean Callagy, were one of only two law firms in America to achieve this distinction between 2014 and 2016.

More importantly, we want to leave our clients amazed and thrilled with our caring, urgency and aggression to achieve our mission of fundamentally changing the way people feel about attorneys.

Contact An Experienced New Jersey Car Accident Attorney at Callagy Law

So, if you have been injured in a car accident and are facing the verbal threshold, or have any legal question at all, please call me, Sean Callagy and Callagy Law, at 201-261-1700, now. Judge for yourself whether we are right for you. Please call now.

In your service,

Sean R. Callagy, Esq.

Founder & President

[seancallagybusinessmastery]

New Post has been published on Callagy Law

New Post has been published on http://callagylaw.com/how-much-is-my-car-accident-or-personal-injury-case-worth/

How Much is My Car Accident or Personal Injury Case Worth?

“How much is my car accident or personal injury case worth?” This is a question we, at Callagy Law, are often asked.

My name is Sean Callagy, and I’m the founder of Callagy Law. I’ve been practicing law for twenty-two years in New Jersey and New York. I’ve also had the privilege of serving many clients in the world of personal injury and car accidents, as have others at Callagy Law.

Before answering the question, it feels appropriate to acknowledge that no amount of money can give people back what they lost from being injured. I personally suffer from a degenerative eye condition that causes blindness. Many people in my family have lost their sight from this condition. Nothing you could or would pay me, my grandfather, uncles or cousins, would ever be worth the loss of our eyesight.

My Uncle and Godfather, tragically lost his life twenty years ago this week, when a truck recklessly hit his stopped SUV. No amount of money could ever replace him. It is ridiculous to even think money could do that.

The same goes for you if you can’t walk, hear, see, work, run, or more simply, enjoy your day without back or neck pain.

If you are in this position, you have my sincere empathy for your pain and your journey. And, if you are watching a loved one go through something, it may be as bad, if not worse.

Yet, our civil justice system has no better way to “restore people” to where they were before an injury and damages were caused, other than money.

1. The Big Picture, Bottom-line Questions That Determine the Value of Your Personal Injury Case

With that said, the evaluation involves really math formulas with some variables. All of this, however, is based on two critical overarching ideas:

1. What would a jury ultimately decide?

2. Is your lawyer highly skilled, caring, urgent and aggressive enough to bring justice to you in front of a jury, AND does the insurance company believe that enough to settle the case for a just and fair resolution for you?

These first two variables, what the jury will likely decide and the quality of your lawyer, will create enormous variance in the jury verdicts and settlement values of your, and all, personal injury cases.

The amount the jury will award can be assessed through computer programs that have tabulated jury verdicts in that judicial area (whether it be county, federal vicinage, or another geographic grouping).

We will call the statistical, historical jury values “X” as a variable in assessing the value of a car accident or other injury case.

The lawyer variable, in terms of persuasive skill overall, as well as caring, urgency, and aggression related to your specific case, we will call “Y.”

Make no mistake. Lawyers are human beings and not robots. It is not only their skill that will dictate their impact on your outcome, but also their engagement with your particular case.

2. The Specifics of Your Car Accident or Personal Injury Case that Determine its “Value” also known as your “Damages.”

A significant number of factors determine the baseline “value” of your personal injury case:

1. “Permanent Injuries” causing pain and suffering; 2. “Permanent injuries” causing loss or change of activities; 3. Non-Permanent pain and suffering and commensurate loss or impact on your life and activities; 4. Loss of wages; 5. Medical Bills (with some variance in car accident cases); 6. Other economic losses; and 7. Anything else caused by the accident not covered under the other categories and proximately caused by the accident.

This all, of course, is a very inexact science.

Overall, your age is and prior injuries and accidents are very significant factors. Since the value of your case is based on “permanency,” how much longer your life expectancy obviously impacts how long you will experience pain, suffering, the loss of enjoyment from activities, incur additional medical bills, suffer lost wages, etc…

One way to look at all of this is basically being compensated daily for your pain, suffering, and losses.

This, of course, begs the question: how much is a day of pain worth?

This is a very subjective analysis, which is impacted by the severity of your pain as well as how much the jury likes and empathizes with you.

An extraordinarily important factor in how the jury connects with you and your injuries, pain, and suffering is the credibility and quality of your treating physicians.

Your treating physician is the person who is going to tell the jury what the severity and permanency of your injuries are in the medical sense. This will form the basis for the jury assessing your credibility when you testify about how you feel and what you can and cannot do.

Thus, not only having a tremendously skilled attorney is important, but also a credible, honest, authentic and skilled physician to not only treat you but also to explain to the jury what happened, is happening and will continue to happen to you.

3. Putting All of the Factors Together to Assess the Value of Your Car Accident or Other Personal Injury Case

In other articles and videos, we will do different case studies on valuing different types of cases. For purposes of this overview, it is critical to understand that whatever the 7 factors outlined above amount to, which we will call “Z” variable, the “X” and the “Y” variables of the jury and your lawyer must be multiplied by that number.

If you have a Z value of $100,000, then you must multiply first by the “X” value of the juries in that geographic area. Some areas are “average”, while others give very “high” or “low” jury verdicts. These areas are known as either “plaintiff-friendly” (i.e., favorable generally to injury victims) or “low” (i.e., less favorable generally to injury victims).

The Z variable can drastically impact the value of your case, however. Some attorneys, most, in fact, have little jury trial results. This is not their skill set. Worse yet, many attorneys take on injury cases with no intention of ever going to trial, and they will accept whatever the carrier offers.

A person with great skill and specific caring, urgency, and aggression in your case can bring about wildly different outcomes.

In one case, Callagy Law, with me, Sean Callagy, as lead counsel, made a settlement offer in a case for 3 million dollars. Our adversaries laughed at us. They had wildly undervalued the “Y” variable (i.e., our skill, caring, urgency and aggression). In fact, I believe they, coming from one of the biggest law firms in Arizona, had the “Y” variable very much on their side.

After Callagy Law got a 27 million dollar jury verdict, in Arizona’s largest verdict of 2016, they were in shock.

I was not. I knew we were dramatically more skilled and that we cared more about the specific case.

Similarly, the head of our personal injury team, Hala Jaloudi, had a case that had a “Z” value of approximately $15,000. The insurance company did not want to pay anything. They offered ZERO. Many attorneys would have dropped that case. Hala did not. The carrier had wildly underestimated Hala and the “Y” variable she brought to the case.

The result? A $300,000 verdict in a car accident case with $200 in property damage.

In summary, three main variables impact what you will recover in your car accident or injury case. If you are hurt, go to a credible and caring physician who is competent and skilled in treating, and documenting, injuries related to a car accident. If you don’t like your physician, the jury probably will not either. You will pay the price for that.

In addition, the skill, caring, urgency and aggression of your attorney is an extraordinarily important variable in what you will recover in a settlement or at trial.

If you are injured or care about someone who is, call us now with any questions that you have even if you already have an attorney. Please also follow us on Facebook, LinkedIn, and Instagram for more great content on both the law and life happiness and success.

God Bless.

In your service, Sean R. Callagy

[seancallagybusinessmastery]

New Post has been published on Callagy Law

New Post has been published on http://callagylaw.com/dr-james-victor-bastek-a-man-of-true-mastery/

Dr. James Victor Bastek, a Man of True Mastery

Og Mandino, the Greatest Salesman in the World, The Scroll marked 5, I Will Live This Day as If it Were My Last.

In the afternoon of the Jessica Anna Coyle. December 10, 2002, Friday of Memorial Day weekend, 1998, Dr. Bastek walked around his incredible home in Saddle River, New Jersey. He walked from room to room, taking it all in, and then stared out into his backyard, part of his 2-acre family home that he had purchased from America’s diet queen Jenny Craig.

There was so much to be thankful and to reflect upon.

Dr. Bastek was born in Jersey City to parents, Caroline and Adam, that had not graduated from high school. Adam had a degenerative eye disease that prevented him from ever having a catch with Dr. Bastek, who they affectionately referred to as Jimmy.

Jimmy was the oldest of 5, with four sisters: Maureen, Barbara, Denise, and Diane.

There was a lot of love in their tiny home, and a lot of craziness with not only 5 children, but a total of 17 first cousins always running around the house and neighborhood. It was family first.

Jimmy with the encouragement of his Mom and Dad, and the Catholic private school education they somehow miraculously scrimped and saved to provide developed incredible discipline and a world-class relentless work ethic.

He went through St. Peter’s Prep, St. Peter’s college, and ended up with a double Master’s degree in Math and Computer science.

In his first job working for Exxon Corporation, he made more than his parents or uncles ever did.

He was an incredible success in the eyes of his entire family.

He felt though, as he sat in an Exxon office working in Canada, that he had so much more to offer the world, as well as feeling the pain of his father going blind and being disabled.

He decided to go back to undergrad to take his pre-med courses to help fight to save people’s vision.

The journey to becoming a doctor would be difficult. The gauntlet to becoming a retina surgeon would be virtually impossible.

In the 1970’s, medical schools openly engaged in age discrimination. And, Jimmy was too old by their standards. Despite this fact, he would later tell people he had such a clear vision that reminded him of the “Manifest Destiny” he had heard people discuss those going West as a grade-schooler. Jimmy was “burning the boats,” told his plans to everyone, and was going to allow nothing and no one to get in his way.

Yet, medical schools didn’t want him in his late twenties. He was considering a foreign medical school when he was accepted to one of the lowest ranked medical schools in the United States, at the time.

This positive step also was a limiting one: how would he ever get into the incredibly competitive retina programs if he was coming from such a lowly medical school?

What was worse, Jimmy was finding medical school to be all about memorization. His skill set was logic and thinking. His memory was good, but it wasn’t his greatest strength. Some students were just better equipped to memorize, and he wasn’t going to get straight A’s on classes with forced curves.

What retina program is going to accept someone from a bottom of the barrel medical school who isn’t even at the top of the class?

Well, Mastery is about finding a way, asking yourself the right questions, and re-inventing the game and the rules.

“How can I get to a retina residency program in some other way?” Jimmy asked himself.

This powerful question led him to a summer job during medical school performing research by dissecting eyeballs. Jimmy tackled this mission not to just build his resume and pass time, but to make something happen.

And, he did. That summer Jimmy made a breakthrough in the research of RP, the disease-causing his father’s, and other members of his families, blindness.

In a stunning turn of events, this kid from Jersey City was all of a sudden, as a medical student, delivering his published paper before the national elite of the retina world.

The result, Jimmy was turning down Harvard and Johns Hopkins to attend America’s top retina residency program at UCLA.

The Odyssey wasn’t over yet though. Once at UCLA, the head of the program told him he thought letting Jimmy into the program was a mistake because the other students were from Ivy League medical schools and had finished at the top of their classes. Jimmy would never be able to compete.

Well, with incredible personal sacrifice, and the support of his wife Carol, a brilliant woman who used her Ph.D. in math to tutor students and supported a dynamic where she would see her husband for only a few minutes a day while he relentlessly worked and studied.

The result: Jimmy not only was the first person in the family to graduate from college, but he also graduated number 1 from America’s top retina residency program.

Dr. Bastek used his work ethic and commitment to Mastery to build an incredibly financially successful medical practice. Far more important to him, he was beloved by his patients, respected by the medical profession, and saved the vision of countless people.

Even more importantly, he was an incredibly devoted father to his two children, Scott and Jamie. They skied regularly in Windham, New York, as well as attending sporting events, and loving their ocean front shore home in what many know to be not only New Jersey’s but one of America’s best beaches, especially for families, Long Beach Island, New Jersey.

So, it was a Friday, and New Jersey kicks off its summer on the Friday of Memorial Day weekend. In New Jersey, the summer is about family and going “down the shore.” Jimmy had been doing that since his Mom and Dad would somehow save enough to rent a tiny shore cottage blocks away from the beach.

Now, he was ocean front providing the American Dream for his family, but never forgetting his Jersey City roots and what it was like to have little more than family, love, and hope.

On Friday, May 22, 1998, as Dr. Bastek finished his awe and gratitude absorption of what his life of Mastery and blessings from God had provided, he headed off to his structurally reinforced suburban, which he had modified to protect his beloved family. It was time for a beautiful family weekend not only with his wife and children but also his parents, siblings and nieces and nephews. LBI was the whole family’s true home and gathering place now.

Fifteen minutes later, Jimmy was gone. The traffic had backed up on Route 17. He was in stopped traffic behind a tractor-trailer. A few seconds later, a fully loaded tractor trailer with a distracted driver, crushed the suburban into the tractor-trailer in front of it.

Jimmy’s Mastery of even his family’s safety, saved the life of his wife and children, but tragically not his mother-in-law’s life, or his own.

That day, I was a young lawyer and was playing basketball with friends when our friend Mike, now chief of police in Emerson, came by to say hello. He asked us if we had heard about the horrible accident on “17” right by the Garden State Plaza. Never one to like to dwell on tragic stories, I headed into my parents’ home to say hello to my little sister, Randi, who was still in high school.

A short time later, I returned to my house down the block to have dinner.

The phone rang. It was my mother. She was screaming, and I couldn’t understand her. I knew something unspeakable had happened, and I felt sick and panicked.

A short time later I was walking into the trauma unit of Hackensack hospital to see first my cousins, Scott, 11 at the time, and Jamie, 16, at the time. They were seriously injured from the accident. Their mom, Aunt Carol, was in a life and death struggle having broken her neck at the C-2 level, which typically results in death or paralysis.

My Godfather and Uncle Jimmy was gone.

Today, 20 years later, as I am excited to begin the summer of 2018, to enjoy LBI with my children, family, and friends, I, like every year, have tears rolling day my face thinking about Uncle Jimmy.

It isn’t just for missing his life lessons, family ski time at Windham, memories at the shore, and always wanting to impress him and have him be proud of me. I think of the impact his life as an example of possibility gave to me. He was the person who I knew that went after his dreams and made miracles a reality. And, it wasn’t because he was financially successful. That was simply a by-product of a life lived with definite purpose, relentless work ethic, love and a desire for fun and balance. So, on this beautiful sunny day, like that day 20 years ago, I do my small part to keep Uncle Jimmy’s legacy of hope, belief, dreams, relentless work ethic, fun and love being remembered, shared and learned from.

To my family, I love all of you and will see you all soon. My heart is with all of you today.

To everyone else, I pray that it is and will continue to be a “Wonderful Life,” as one newspaper described the time on this earth for my Uncle Jimmy.

Let us all live in gratitude, living each day as if it were our last, while never forgetting what our lives stand for and where they are headed.

Thank you as well to our past and present armed forces on this Memorial Day weekend. May God protect you and keep you safe.

Thank you for providing us with the liberty and freedom to think Memorial Day is about family, fun, barbecues, and beaches and to be arguing political nonsense instead of living under tyranny and dictatorships like much of the world has and still does.

In your service, Sean R. Callagy

[seancallagybusinessmastery]

New Post has been published on Callagy Law

New Post has been published on http://callagylaw.com/out-of-network-recovery/

Out-Of-Network Recovery

https://www.youtube.com/watch?v=oPXWUtWRC8s

If you are an out-of-network medical provider plagued by unfair reimbursements from Automobile Insurers, Workers Comp Insurance Carriers or Commercial Insurance carriers, Callagy Law, Sean Callagy, Tom LaGreca and the whole Callagy Law Recovery team understand what you are experiencing. We are sorry for your stress and pain. 

You work hard, caring for patients, performing a noble function, and you want to retain control of your practice by setting your own rates and not depending upon the insurance industry to dictate care to your patients and to dictate reimbursement. You are struggling financially and are not sure how or why you have to endure such financial abuse from insurers. 

While your particular tribulations might be unique to you, you are not alone. 

What lies ahead? You might be wondering. 

Getting on a path to a better financial picture. Having the administrative and legal support to pursue these carriers for their unfair practices. 

Depending upon the category of claims, reimbursement to out-of-network medical providers is governed by a different set of laws and regulations. In PIP, reimbursement is governed by fee schedules imposed by the State. In Workers Comp, carriers are obligated to reimburse medical providers at the providers’ usual and customary rates, known as UCR. In the case of Commercial Insurance claims, the carrier is obligated to reimburse the provider as per the health care plan. 

You need Callagy Law to go fight for you at arbitration and in court—perhaps federal court–when carriers fail to fulfill their obligations to you and the patient. 

What should you be looking for in getting help? A law firm that is: 

Caring—A firm that genuinely empathizes with your plight.

Urgent—A firm that knows every day that passes is another day when an insurance carrier possesses your money.

Aggressive—A firm that knows how to fight these carriers to see that your money is turned over to you as soon as possible. 

Callagy Law, Sean Callagy, Tom LaGreca and the whole Callagy Law Recovery team know how to do this! Last year we recovered $50,000,000 for our medical provider clients from insurance carriers. 

We ask this: Would you be willing to meet with us to see if we are what we say? We would be honored to have the opportunity to prove ourselves

[seancallagybusinessmastery]

New Post has been published on Callagy Law

New Post has been published on http://callagylaw.com/pip-claims-fee-shifting-allows-arbitration-no-charge-medical-provider/

PIP Claims: Fee Shifting Allows for Arbitration at No Charge to the Medical Provider

The purpose of this post is to help assist those with questions they have concerning their business or medical practice. The Callagy Law team is knowledgeable in many law practice areas and will frequently post topics ranging from Medical Revenue Recovery, PIP, Workers Compensation, and Commercial Insurance. We hope to have this blog shed a light on many common questions.

The state-imposed fee schedules under the New Jersey No Fault laws, otherwise known as Personal Injury Protection or PIP,  result in reimbursements to medical providers at levels that tend to be less than the usual and customary rates charged by those medical providers.  This disadvantage, however, is offset, to some degree, by the fee-shifting provisions of the No Fault laws, which afford medical providers a tremendous benefit by enabling the provider to pursue arbitration without having to pay an attorney to do so.  With very limited exception, discussed further below, the No Fault laws allow providers to pursue denied or underpaid claims at literally no cost to the provider—legal services and all.

PIP arbitrations are conducted before Dispute Resolution Professional or DRP’s.  To bring a dispute before a DRP requires the payment of filing fees, in excess of $200 per claim.  Although not mandatory, the hiring of legal counsel also accompanies the pursuit of a medical claim in arbitration. An attorney experienced with PIP and medical revenue recovery is almost a requisite to success in this arena.  The good news is that most law firms that pursue PIP arbitration pay the filing costs for the provider and pursue the arbitration on the provider’s behalf without first having been paid anything.  If the claim is successful and additional reimbursement is awarded to the provider, the insurance carrier pays the attorney separately for the expended filing costs and reasonable attorneys’ fees.  If the arbitration fails, the provider pays the attorney nothing and the attorney is generally not reimbursed for the filing costs.

The one exception to this involves claims brought against PLIGA.  PLIGA is the state-sponsored “fall-back” automobile “insurer” for those who do not have other automobile insurance.  The fee-shifting provisions of the No Fault laws do not apply to PLIGA claims.  Accordingly, law firms that pursue PLIGA claims for medical providers usually look to recover a contingent fee percentage, as well as the filing costs, from the provider’s awarded reimbursement.

We hope you found the information provided in this article helpful to various questions you may have had concerning the healthcare industry. For information pertaining to our services for medical providers, please click here. Please note, Callagy Law has recovered over $200,000,000 for medical providers, and that number grows daily. Our team of knowledgeable PIP Arbitration attorneys are ready to help you. Please free to reach out to Sean Callagy of Callagy Law at any time for questions you may have concerning personal and business matters. Callagy Law offices are located conveniently in Paramus, NJ. Beyond the scope of information, Sean Callagy has developed multiple areas of our healthcare legal practice and business coaching. Feel free to connect with us on Facebook, Twitter or LinkedIn! Additionally you can subscribe to our daily videos on YouTube.

Learn More About Callagy Law Here:

Avvo

Blog

Facebook

YouTube

Pinterest

Indeed

Yelp

LawNearMe

Wikipedia

Website

[seancallagybusinessmastery]

New Post has been published on Callagy Law

New Post has been published on http://callagylaw.com/callagy-law-who-we-are-what-we-do/

Callagy Law - Who We Are - What We Do

Callagy Law is fundamentally changing the way medical providers recover their money from the medical carriers, one case at a time.

We truly believe that providers need “an aggressive champion of the cause of proper reimbursement” on their side that fights for them with CARE, URGENCY and AGGRESSION and our amazing results are a direct reflection of this relentless pursuit.

Since 2006 we have recovered more than $200 million dollars and resolved more than 50 thousand claims for our providers such as physicians, hospitals and ASC’s as well as other types of medical providers. .

We take particular pride in the uniqueness of the Callagy law client experience in that we remain hands on with our clients through the entire process of recovery.

From the introduction to our liaison members that assist the providers in gathering vital information for the litigation or arbitration process to our relentless settlement team that provide updates to the providers on regular bases through emails, calls, meetings and online database access.

We have created processes and set trends in the world of medical recovery over the years, specifically the PIP, Workers Compensation and the Commercial Insurance world while evolving into a successful multifaceted law firm, practicing business law, family law, wills, estates and trusts law and commercial / business litigation.

As published in the Star Ledger and The Record, Sean Callagy and the Callagy Law litigation team just returned home with their second 27 million dollar plus verdict in two years!

With “We believe good people deserve good things” as his motto, Sean Callagy shook the legal world. Despite of his visual impairment and being the underdog in this Arizona case, Sean and the Callagy Law team triumphed, making over 20 news publications.

Currently the Callagy Law family has nearly 80 professional and dedicated employees, operating out of New Jersey, New York and Arizona.

Whatever your situation, just know we are here to help. Please call us today: 201.261.1700.

Thanks for watching!

www.callagylaw.com inquiries@callagylaw.com 201.261.1700

[seancallagybusinessmastery]

New Post has been published on Callagy Law

New Post has been published on http://callagylaw.com/14144-2/

Callagy Law – New Jersey, New York, Arizona | Lawyers Working For You!

Please subscribe on YouTube and spread the word.

Visit Callagy Law’s website for full details: www.callagylaw.com

We are skilled attorneys in several different practice areas which include: Medical Revenue Recovery / Healthcare Recovery (PIP, Workers Compensation, and Commercial Insurance), Business Law, Commercial and Business Litigation, Family Law, and Wills / Estates / Trust Law.

We’ve received several awards from AVVO as well.

Please contact us today: 201-261-1700 | inquiries@callagylaw.com | www.callagylaw.com

    We are headquartered in Paramus, New Jersey (Bergen County). We have offices in New York and Arizona as well.

We also offer FREE consultations! Call today.

[seancallagybusinessmastery]

New Post has been published on Callagy Law

New Post has been published on http://callagylaw.com/palliative-care-new-jersey-pip-laws/

Palliative Care Under New Jersey PIP Laws

The purpose of this post is to help assist those with questions they have concerning their business or medical practice. The Callagy Law team is knowledgeable in many law practice areas and will frequently post topics ranging from Medical Revenue Recovery, PIP, Workers Compensation, and Commercial Insurance. We hope to have this blog shed a light on many common questions.

As a claimant attorney in New Jersey PIP arbitration, I often seek reimbursement for treatment that was denied by insurance companies because the treatment was “palliative.”  My response is, the palliative nature of the care is not ipso facto grounds to deny such treatment.  Just like curative medical treatment, palliative care is compensable when medically necessary and reasonable.

What is “palliative care”?  Palliative care is treatment that provides relief for the patient without curing the underlying cause of the symptoms.  Dispute Resolution Professional (DRP) Fannan explained the standard to determine if palliative care is compensable under the New Jersey PIP laws in the Forthright Arbitration matter 1595197, as follows:

“Further, after treatment to effectuate a cure or rehabilitation has ended and the patient’s condition has plateaued, medical expenses for palliative treatment may continue, but only to the extent that such expenses are deemed reasonable and necessary. The reasonableness and necessity of palliative expenses must be evaluated in the context of the quantum of pain involved, plaintiff’s tolerance of pain and the overall effect of the pain on plaintiff’s life.  Perun v. Utica Mutual Insurance Company, 280 N.J. Super 280, 285-86 (Law Div. 1994). The services must be shown by competent medical testimony to be such as are reasonable and necessary for the particular patient, taking into consideration his individual condition and need. Howard v. Harwood’s Restaurant Company Rest. Co., 25 N.J.

72 (1957). In determining what is reasonable and necessary, the “touchstone is not the (patient’s) desires or what he (sic) thinks is to be most beneficial. Rather it is what is shown by sufficient competent evidence to be reasonable and necessary to cure and relieve him (sic).” Squeo v. Comfort Control Corp. , 99 N.J.588(1995).”

By way of background, medical providers are expected to generally follow Care Paths, which are suggested general treatment paths to address injuries.  For example, a Care Path may allow for a certain period of time of conservative care, and if the patient is still symptomatic, it may be time to “move up” the Care Paths to the next level of care.  Perhaps injection treatment would be the next level of care following conservative care.  There may be medical reasons to deviate from the Care Paths, and the treating doctor should explain the reasons for the deviation.

Let’s say the patient has been treated through all levels of the Care Paths for the injury at hand, but the patient is still suffering.  Is palliative care still permitted and compensable under the New Jersey PIP laws.  As noted above, generally palliative care is held compensable when it is medically reasonable and necessary. Elkins v. New Jersey Mfrs. Ins. Co., 203 N.J. Super. 695, 701 (App. Div. 1990). The PIP insurance carrier has a duty to provide payment for treatment which results in the alleviation of pain to the patient, even without regard to the curative aspect of that treatment.  Miskofsky v. Ohio Cas. Ins. Co., 203 N.J. Super. 400, 413-414 (Law Div. 1984).

For example, Forthright DRP Miller ruled as follows in the Forthright PIP Arbitration matter 1337517:

“Medically necessary” is defined as treatment or a diagnostic test that is “consistent with the clinically supported symptoms, diagnosis or indications of the injured person”.  In addition, that treatment is “the most appropriate level of service that is in accordance with the standards of good practice and standard professional treatment protocols including the Care Paths” and is “not primarily for the convenience of the injured person or provider”. N.J.A.C. 11:3-4.2.

The term “clinically supported” is defined in N.J.A.C. 11:3-4.2 and essentially means that there must be sufficient medical evidence and analysis to justify the performance of the requested treatment. This includes a physical examination, a review of both subjective complaints and objective findings, prior tests and a record of these observations and conclusions.

In addition, the treatment must be palliative or curative of a condition, not simply something that was provided for the patient’s personal comfort. See, Perun v. Utica Mut. Ins. Co., 280 N.J. Super. 280 (Law Div. 1994). See also, Elkins v. New Jersey Mfrs. Ins. Co., 244 N.J. Super. 695 (App. Div. 1990); Miskofsky v. Ohio Cas. Ins. Co., 203 N.J. Super. 400 (Law Div. 1984); N.J.A.C. 11:3-4.2.

In sum, palliative care very well may be compensable under the New Jersey PIP laws.  The treating doctor should explain the patient’s condition and the need for the medical treatment, whether curative or palliative.

We hope you found the information provided in this article helpful to various questions you may have had concerning the healthcare industry. For information pertaining to our services for medical providers, please click here. Please note, Callagy Law has recovered over $200,000,000 for medical providers, and that number grows daily. Our team of knowledgeable PIP Arbitration attorneys are ready to help you. Please free to reach out to Sean Callagy of Callagy Law at any time for questions you may have concerning personal and business matters. Callagy Law offices are located conveniently in Paramus, NJ. Beyond the scope of information, Sean Callagy has developed multiple areas of our healthcare legal practice and business coaching. Feel free to connect with us on Facebook, Twitter or LinkedIn! Additionally you can subscribe to our daily videos on YouTube.

Learn More About Callagy Law Here:

Avvo

Blog

Facebook

YouTube

Pinterest

Indeed

Yelp

LawNearMe

Wikipedia

Website

[seancallagybusinessmastery]

New Post has been published on Callagy Law

New Post has been published on http://callagylaw.com/divorce-taxes-callagy-law-paramus-nj-bergen-county/

Divorce & Taxes | Callagy Law | Paramus, NJ | Bergen County

The following article was written by Callagy Law’s Legal Team, and will focus on many common questions and concerns surrounding new developments, legal matters, the court system, and other procedures within the area of Family Law.

In the divorce context, all assets are not created equal and the Internal Revenue Service can alter what you thought were rather straight forward provisions for child support and alimony.

Consider the “child contingency rule” regarding alimony.  IRS Publication 504 warns that if alimony payments are reduced or end around the same time as a child-related event, all alimony payments that were deductible to the payor and taxable income to the payee may be reclassified as child support instead of alimony.  The payor would lose the deduction and pay retroactive taxes and the payee would receive a refund of taxes paid.  A contingency relating to the child include (1) becoming employed (2) dying; (3) leaving the household; (4) leaving school; (5) marrying; or, (6) reaching a specified age or income level.   This reclassification can be avoided if it can be established that any reduction in alimony was determined independently of a child-related contingency, which would be the normal circumstance.  For example, if you can show that the period of alimony payments is customary in the local jurisdiction, such as a period equal to one-half of the duration of the marriage, you can overcome the presumption and may be able to treat the amount as alimony.

Also consider the income tax burden of certain assets that are being divided up as part of a divorce settlement.  Investment accounts that hold stocks, mutual funds, etc., may carry different tax basis which may result in different unrealized gains or losses which can result in significantly different capital gains taxes.  Investment assets must be viewed on a tax-neutral basis to assure an equal distribution and sharing of capital gains taxes.  The $1 million dollar investment account, which may have unrealized gains that will subject to capital gains taxes is not equal to $1 million in cash and an straight up off-set would be an unequal distribution of the assets.

Your family lawyer should have a grasp and understanding of these tax concepts and be able to navigate you through such issues to assure that the distribution of assets is fair and equitable.

Learn More About Callagy Law Here:

Avvo

Blog

Facebook

YouTube

Pinterest

Indeed

Yelp

LawNearMe

Wikipedia

Website

[seancallagybusinessmastery]

New Post has been published on Callagy Law

New Post has been published on http://callagylaw.com/attorney-perseveres-despite-debilitating-vision-loss/

Attorney perseveres despite debilitating vision loss

BY BRETT CARROLL

STAFF WRITER |

PASCACK VALLEY COMMUNITY LIFE

Original Article Posted Here: http://www.northjersey.com/news/business/small-business/attorney-perseveres-despite-debilitating-vision-loss-1.1612645?page=all

A local lawyer is fighting both in and out of the courtroom, as he deals with a genetic disease that is causing him to lose his eyesight.

Sean Callagy, owner of Callagy Law in Paramus, suffers from Retinitis Pigmentosa, a rare disease that causes certain cells in the retina to start to die; he has been slowly losing his vision over the past five years. According to the National Eye Institute, the disease progresses, impairing vision, when proteins in the cones that make up the retina stop producing and the cells die. Because of this, Callagy, a River Vale resident, has a hard time seeing important details of the things in front of him, and at this point can only see the blurry silhouette of them.

“It’s like looking through a straw,” Callagy explained. “My peripheral vision is a lot better, but things that are in front of me are usually very blurry.”

Callagy was diagnosed with the disease when he was five years old, but didn’t begin to notice problems with his sight until he was a teenager. Over time, the disease continued to impair his vision, and he is now classified as legally blind. But despite the heartache that comes with losing his vision, Callagy has learned not to take anything in life for granted, and pushes himself further to be the best he can be, and make a difference in other people’s lives – perseverance he said comes because of the hand he’s been dealt.

The disease progresses

The attorney has recently had to give up driving and can no longer read court documents without assistance. But he says the worst part of the disease has been the way his lack of vision has hurt his ability to watch his kids grow.

“It hurts when I’m trying to watch my kids play soccer,” Callagy said. “I have to just focus on them. If they kick the ball, I have no idea where it goes, so I try to just follow them. I tend to lose track of them with everything that goes on, but I try my best to keep up. To me, that’s been the hardest part. I can’t enjoy watching them grow up the way I would love to.”

Callagy also talked about how his vision has hampered his ability to scuba dive and some of the other activities that he does with his family. He praised his family for their understanding and patience, and expressed how much help they have been.

“Vacations can be rough too,” he said. “There might be 50 fish right in front of you, but I can only see five. My family is amazing though, they are just so understanding and supportive. I couldn’t do this without their support.”

Callagy grew up as a baseball player in Emerson. He played baseball for Columbia University in 1992 and was even told that he could be drafted in the Major League Baseball draft. During his senior year, however, the disease started to really affect his play, causing him to lose track of fly balls in the outfield. In a game against Army, Callagy dropped a fly ball with the bases loaded, causing his team to lose the game. The MLB took notice, and Callagy never got his chance to play in the majors.

“On a cloudy day, it was hard to track the ball,” Callagy explained. “I would drop like one of every 50 balls, but in the majors, that’s still too much.”

Callagy explained that sitting through the draft was one of the hardest things that he had to do.

“It was really rough,” he said. “Imaging sitting there by the phone for three days waiting for a call, knowing that you won’t ever get one, but you’re just hopeful you will. It was hard for sure.”

Inspired to take a chance

After his baseball career was over, Callagy went into banking, working for a bank in New York for a year. He then decided to go to law school, hoping that he would be able to use his law degree to help people. He started working for a big firm, but left shortly after starting because he didn’t like how the firm treated their clients. After leaving the firm, Callagy sought counsel from doctor and friend Dr. Charles Berg, who prompted Callagy to read “Awaken the Giant Within” by Tony Robbins. The book explains how we all have something special inside of us, and gives tips on how to bring that special something out of us.

“That book changed everything,” Callagy said. “It gave me the inspiration to start doing my own thing, and to take a chance.”

Callagy started his own law firm in 2003 and had 40 people working for him. He also started his own educational company that year, after he realized how much he loved coaching and teaching people. In 2006, he started Callagy Law, with the company’s foundation built around the principle of education.

Since the disease has really begun to take hold over the past five years, Callagy said he’s had to memorize everything from his trials, and credits his lack of vision for making him an even better lawyer.

“My situation created a sense of urgency for me,” he explained. “Despite my disability, I knew I was the best lawyer in the room. What’s even better is the fact that everyone in the room knew it as well. That’s how my situation has been a benefit. We’ve won some really big cases in the past few years, and it’s all thanks to the dedication of my entire staff. We’re all growing and learning from this, which is really great.”

Callagy Law has won over $27 million in verdicts during the past two years, during the same time that Callagy’s vision started to take a turn for the worst.

Retinitis Pigmentosa will skip the next generation, but one of Callagy’s daughters most likely carries the trait. If she has a son, he most likely will get the disease, just like Callagy and his grandfather, the lawyer said. According to the United States Library of Medicine, Retinitis Pigmentosa typically affects more males than females and males’ symptoms are usually more severe. Callagy explained that the disease has no cure, but researchers are making huge strides in three areas.

“Right now there’s no cure but there are options out there,” he said. “The three big areas where research is going towards are the bionic eye, gene research, and stem cell research. It’s all about continuing to spread the word about the disease and continue to get funding for it.”

Despite the disease, Callagy has stayed positive throughout his journey and thinks that the situation has led him to help people even more than ever.

“Every day I ask myself the same question,” Callagy said. “How can I do more? What else can I do to help? I’ve learned to appreciate the little things, and that’s always been my message to others. We always take things for granted. I don’t do that anymore.”

Email: carroll@northjersey.com

[seancallagybusinessmastery]

New Post has been published on Callagy Law

New Post has been published on http://callagylaw.com/faa-wins-bergen-county-charity-classic-final-appearance/

FAA Wins Bergen County Charity Classic in Final Appearance

FAA Family,

The FAA Phoenix won the Bergen County Charity Classic 16u Club Division in its final all-time appearance in the tournament.

Thank you to all the people who run this great tournament that raised over 100,000 for charitable causes. As always, it is a ton of fun to play a quality tournament in our home county.

It wasn’t our most impressive offensive effort, but we finished the job with a 2-1 victory over the LIB Expos.

Missing four outstanding players last night, including Joey Parsons and Johnny Apogar, who had big days with a hit and rbi and a save respectively, to help Waldwick reach the state finals for the Group 1 State Championship.

Jordan Issakedes and Travis Byrne combined to give up 1 run over 10 innings and a suicide squeeze by Jordan brought home the winning run in the 10th as Travis scored.

The FAA offense that had been roaring through the tournament was quieted in the 2-1 victory, but we did enough. Truth be told, we threatened in almost every inning but our normally clutch hitters weren’t getting our normal big hits.

In total, the FAA outscored our opponents 59-10 in the tournament over a 6-0 run through the BCCC. In addition to the above named, Chris Liriano scored a ton of runs, Tyler Callagy, Logan Butler, Travis Byrne and Anthony Rota (overall hit leader) led in hits with 29 combined, Andrew Rodriguez had some key hits and made a huge pick in a key spot in the championship at first, Luca Poliandro had big hits in the playoffs and picked off a runner in a huge spot in the championship game, Mike Roll picked up 2 wins in the playoffs, dominating in the semi-final, Ricky Lutz patrolled center field with his usual grace and ease, Brock Lombardi and Luke Lombardi chipped in with offensive and defensive help,

Many of our players have been playing in the BCCC since they were 10 years old. It is bitter sweet to have this one be over. The championship was terrific, but knowing that our boys are getting older and will never again play in the BCCC as it ends at 16u, brings both feelings of nostalgia and a bit of sadness.

The FAA parents were as always, terrific and supportive last night and throughout the tournament. However, we do need to unleash the Faa’s one and only Peter Poliandro who seems to have mellowed a bit in the 2016 campaign. We need a few “legs go, go, go, boys!”

I for one will be cherishing every pitch of every game all summer long. As my dear friend Bob Perry loves to say, “it doesn’t have to be this way.” We are so blessed and fortunate in the crazy cut throat world of club baseball to have built our FAA family, and I am so thankful for it.

This week, we take the FAA traveling road show to LBI. Friday afternoon and Saturday a.m. it will all be about body surfing and the beach. Saturday afternoon we take on the CK Cardinals, who have a typically strong program. We took second in LBI in the Fall, and we will be looking to change that this weekend.

Of course, good luck to Johnny, Joey, and yes, I guess Waldwick (lol, which is tough to say coming from Emerson–who did beat Waldwick for the league title this year guys!). Seriously though, bring it home for your team, your family, yourselves and the FAA program. You’re making incredible lifetime memories, and I hope this one has the perfect happy ending.

See you down the shore, where everything’s all right….

Coach Callagy

[seancallagybusinessmastery]

New Post has been published on Callagy Law

New Post has been published on http://callagylaw.com/get-big-jury-verdict-guy-got-60-million-total-2-years/

How To Get A Big Jury Verdict from a Guy That Got 60 Million Total in 2 Years 

Lie, cheat, steal, swindle, manipulate and spin the facts. Yes, this is the picture most people have of lawyers and our legal system. Sadly, in many cases, those impressions are quite accurate.

However, that isn’t the way to truly win in our legal system. This article will briefly touch on the real keys.

My name is Sean Callagy, the founder and President of Callagy Law, a New Jersey, New York and Arizona law firm.

In 2014 I obtained a 33 million dollar verdict. In 2016 I obtained a 27.5 million dollar verdict. That puts me in a micro percentage group of attorneys who can make that statement.

Matt Damon, in the Rainmaker, makes a profound comment at the end of the movie when he decides to leave the law after an amazing victory of truth over lies. Essentially, Damon’s character muses that to keep doing it, he would likely need to become the evil he just defeated. The same evil he asked if he even remembered when he sold out.

Often, I feel that way in this profession. The amount of lies and gamesmanship that exist is enough to make any decent human being want to quit the human race. Then, you find your fair share of judges who let it go on, and even enable it.

So, if you can’t beat ’em, join ’em, right?

Wrong.

Integrity, authenticity and incredible hard work are the real secrets to success in our greatest system of lie detection on earth: the jury trial.

I believe that liars only win when they come up against the less skilled or hard working attorney.

The great benefit of dealing with liars in any case is that they don’t know when to stop lying. They lie so much that they begin to believe their own lies. Judges can become quite anesthetized to lying as well.

Juries, however, despise liars and lying. If you tell one lie as a lawyer, and the other guy approaches matters with integrity, then the liar is in huge trouble every time.

You see, juries, like all people, want to believe and find good in our system. They don’t expect to, but are very pleasantly surprised when they do. It restores their faith.

I believe that most attorneys don’t get this. They will try to hide, duck, dodge or flat out lie, to avoid problems in their cases. That may work for awhile, but it doesn’t work before a jury.

In both of these cases where I had the privilege of representing my clients, I believe the truth came shining through to the jury. That truth included acknowledging certain realities about the parties and the issues.

However, it is not enough to acknowledge a problem and gloss over it. Everyone says “draw the sting” from your problems. The real question is whether the jury believes what you believe. Your credibility, as a lawyer, is everything in front of the jury. Try to cheat on reality just a bit, and you are the lying lawyer they expected. Then, you better hope that the other man or woman is also seen as a lying lawyer and hope the jury believes you and your client is the lesser of two evils.

On the contrary, wouldn’t it be easier to be the voice of integrity, and therefore authority, in the court room?

It takes a ton of work to make this type of presentation. Like Matt Damon suggested though, would you want to do it any other way?

If you would ever want to discuss “how” to do this with a person who’s been blessed to do it, then please reach out and contact me. 

By the way, the jury awarded 8 and 16 million in punitive damages in these two cases. How do you think the juries perspective on integrity and authenticity factored into those verdicts?

Sean Callagy, Owner / Founder of Callagy Law  

“Fundamentally Changing the Way People Feel About Lawyers, One Client at a Time.”

Learn More About Callagy Law Here:

Avvo

Blog

Facebook

YouTube

Pinterest

Indeed

Yelp

LawNearMe

Wikipedia

Website

[seancallagybusinessmastery]

New Post has been published on Callagy Law

New Post has been published on http://callagylaw.com/questions-become-contests-navigating-non-contestation-clauses-wills-testamentary-documents/

When Do Questions become Contests: Navigating Non – Contestation Clauses in Wills and other Testamentary Documents

The following article was written by Callagy Law’s Legal Team, and will focus on many common questions and concerns surrounding new developments, legal matters, the court system, and other procedures within business and commercial litigation. Our mission is to answer any questions and give knowledge to many different aspects of these matters.

“No-Contest” clauses in wills are, in an ideal world, used by testators with the thought that they will limit post death litigation between the beneficiaries in their wills. These clauses, also called “in terrorem” clauses, provide that if one party or beneficiary in a will “contests” or challenges the will in some way that party will lose their inheritance. While some states do not enforce these clauses, New Jersey  still does.

Occasionally, a situation will arise where the intentions of the testator are not clear, and one or more of the parties and beneficiaries will disagree as to how the will should be interpreted. For instance, a will may provide that all of the costs associated with funeral expenses be paid out of the estate before any distribution is made to the beneficiaries. The beneficiaries end up in a situation where one party claims that certain expenses are “funeral costs” under the will, and the other party disagrees.  The will has a no –contest clause, which provides that if a party contests any part of the will in court, that party will lose their inheritance.  Are both parties now stuck, unable to get the Court’s direction and help in interpreting this provision and risk losing their inheritance? The answer is no.

Obviously, one answer would be for the parties to work it out between themselves, but sometimes it is not possible to come to an agreement. Under New Jersey law, if a term in the will is unclear, a beneficiary who asked court to construe provisions of will which they and trustees interpreted differently does not forfeit their rights to benefit under a no contest clause. Morrison v. Reed, 6 N.J. Super. 598, 604 (Ch. Div. 1950). Fortunately for beneficiaries in New Jersey, no – contest clauses are to be construed strictly against a forfeiture and reasonably in favor of a beneficiary. Girard Trust Co. v. Schmitz, 129 N.J.Eq. 444, 20 A.2d 21 (1941). That beneficiary is not filing a caveat or otherwise challenging the will itself, but merely, as New Jersey Court have held, asking for guidance and interpretation while attempting to get what that beneficiary believes the testator, by their will, intended for them.

However, each Will is unique, and each  “no-contest” clause must be carefully reviewed before any litigation is filed to insure that it does not otherwise run afoul of other potential pitfalls contained in the language of the will. Any beneficiary who is seeking to have the Court interpret a provision should have an attorney review the will prior to instituting any action.

See our blog post on CONTESTING A WILL IN NEW JERSEY.

We hope you found the information provided in this article helpful to your everyday life and business. Please free to reach out to Sean Callagy or the Callagy Law team at any time for questions you may have concerning personal and business matters. Callagy Law’s headquarters is located conveniently in Paramus, NJ. Beyond the scope of information, Sean Callagy has developed multiple areas of business legal practice and business coaching, if you need help with anything, please reach out to us by calling 201-261-1700 or by emailing us here. Feel free to connect with us on Facebook, Twitter or LinkedIn! Additionally you can subscribe to our daily videos on YouTube by clicking here.

Learn More About Callagy Law Here:

Avvo

Blog

Facebook

YouTube

Pinterest

Indeed

Yelp

LawNearMe

Wikipedia

Website

[seancallagybusinessmastery]

New Post has been published on Callagy Law

New Post has been published on http://callagylaw.com/default-judgments-new-york-callagy-law/

DEFAULT JUDGMENTS IN NEW YORK | Callagy Law

The following article was written by Callagy Law’s Legal Team, and will focus on many common questions and concerns surrounding new developments, legal matters, the court system, and other procedures within business and commercial litigation. Our mission is to answer any questions and give knowledge to many different aspects of these matters.

Knowledge about particular portions of the legal process are starting or, or already have become, common knowledge. For example, most individuals know a civil suit commences with a Complain and in response a defendant files an Answer. This general knowledge impacts a plaintiff’s expectations when initiating the suit, and most do not anticipate the Defendant not answering. Yet, this happens all too often.

A non-answering Defendant can certainly stymie a plaintiff’s expectations to quickly resolve the dispute between the Parties. However, there exist procedural mechanisms to continue litigating a suit even when a Defendant does not answer. One of these procedural mechanisms is called default judgment.

In New York, the statute governing default judgment is the C.P.L.R. 3215. Since, there exist many possibilities of who is moving for default judgment, why and who they are moving against, a hypothetical plaintiff will demonstrate what to do in a particular scenario. To this effect, I will use John Smith. John Smith is moving for Default Judgment in a contract related case for exactly $10,000.00 and served the Defendant, James Doe, by way of personal service. Importantly, John Smith is moving for Default Judgment in less than one year since James Doe was supposed to answer.

John Smith would draft a motion covering the following points, (1) articulating the exact sum James Doe owes him, (2) stating James Doe defaulted by not answering less than one year ago, (3) attaching and describing the method of proper service of process, (4) a description of the facts of John Smith’s claim and (5) additional notice pursuant to C.P.L.R.  3215(g).

Concerning the additional notice of C.P.L.R. 3215(g), John Smith – moving for default judgment on a contract claim against a real person – would need to mail, at least twenty days before judgment is sought, a copy of the summons by first-class mail at James Doe’s place of residence bearing the legend “personal and confidential and not indicating on the outside of the envelope that the communication is from an attorney or concerns an alleged debt.

It is important to note, that the process of default judgment is subject to change depending on who the defendant is, e.g. a real person or a corporate entity, and whether the plaintiff can articulate sum certain how much they are owed. Additionally, it is imperative the defendant in your action was served properly. A defect in service of process can be fatal to a motion for default judgment.

Regardless, default judgment is a plaintiff friendly procedural mechanism to propel litigation forward when a defendant fails to answer a complaint.

We hope you found the information provided in this article helpful to your everyday life and business. Please free to reach out to Sean Callagy or the Callagy Law team at any time for questions you may have concerning personal and business matters. Callagy Law’s headquarters is located conveniently in Paramus, NJ. Beyond the scope of information, Sean Callagy has developed multiple areas of business legal practice and business coaching, if you need help with anything, please reach out to us by calling 201-261-1700 or by emailing us here. Feel free to connect with us on Facebook, Twitter or LinkedIn! Additionally you can subscribe to our daily videos on YouTube by clicking here.

Learn More About Callagy Law Here:

Avvo

Blog

Facebook

YouTube

Pinterest

Indeed

Yelp

LawNearMe

Wikipedia

Website

[seancallagybusinessmastery]

New Post has been published on Callagy Law

New Post has been published on http://callagylaw.com/14088-2/

The Definition of “Payment” When Calculating The Statute of Limitations in PIP Arbitration Matters

The purpose of this post is to help assist those with questions they have concerning their business or medical practice. The Callagy Law team is knowledgeable in many law practice areas and will frequently post topics ranging from Medical Revenue Recovery, PIP, Workers Compensation, and Commercial Insurance. We hope to have this blog shed a light on many common questions.

The question of what constitutes payment for the purpose of calculating the Statute of Limitations in a PIP Claim for Benefits was recently addressed by our office in the Context of a PIP Arbitration filed on behalf of one of our Medical Provider’s.

  The issue our Provider faced, as presented by CURE Insurance, was whether the Provider’s Claim was barred by the application of the 2 year statute of limitations period in connection to the filing of a PIP Arbitration Matter.

  In relation to the calculation of the Statute of Limitations time period when filing a PIP Claim for Benefits, N.J.S.A. 39:6A-13.1(a) states:

  Every action for the payment of benefits payable under a standard automobile insurance policy pursuant to sections 4 and 10 of P.L. 1972, c. 70 (c. 39:6A-4 and 39:6A-10), medical expense benefits payable under a basic automobile insurance policy pursuant to section 4 of P.L. 1998, c. 21 (c. 39:6A-3.1) or benefits payable under a special automobile insurance policy pursuant to section 45 of P.L. 2003, c. 89 (c. 39:6A-3.3), except an action by a decedent’s estate, shall be commenced not later than two years after the injured person or survivor suffers a loss or incurs an expense and either knows or in the exercise of reasonable diligence should know that the loss or expense was caused by the accident, or not later than four years after the accident whichever is earlier, provided, however, that if benefits have been paid before then an action for further benefits may be commenced not later than two years after the last payment of benefits.

  (emphasis added).

  Specifically, the facts of our matter showed that while there were no actual pip benefits paid by CURE,  it was undisputed that CURE received the Provider’s Bill and processed the bill, applying the eligible amount (as determined by CURE) to the patient’s policy deductible.

  Our office relied on the case of George C. Everett v. State Farm Indemnity Co., 358 N.J. Super. 400 (App. Div. 2002), wherein the Appellate Division found that the term “last payment of benefits” as used in N.J.S.A. 39:6A-13.1(a) is consistent with and includes the adjustment of a bill and application of that bill to the patient’s deductible.

  Specifically, our office highlighted that in Everett, 358 N.J. Super. at 379, the Court found:

  “since the bill was an expense caused by the accident, we conclude that the process of adjusting the bill to the fee schedule and applying the balance to the deductible constituted a ‘last payment of benefits’ under the Act, making the plaintiff’s complaint, which was filed within two years of that date, timely.”

  Our office maintained that based on the determination of the Court in Everett, even though the adjustment/ processing of the Provider’s bill in this matter resulted in no more than a credit against the patient’s deductible, this was considered a benefit to the insured and therefore the date of processing of the bill sets the statute of limitations period once again.

  In considering the above arguments, DRP Gary T. Lesser, Esq., in NJ-1644666 determined that based upon the Everett matter, the two-year statute of limitations commenced anew with the processing the bill and application of the payment against the patient’s deductible. As such, the Statute of Limitations period did not expire prior to the Provider’s filing of the PIP Demand for Arbitration. Therefore, as a result, the Provider had standing to Proceed with the underlying PIP Claim for Benefits.

We hope you found the information provided in this article helpful to various questions you may have had concerning the healthcare industry. For information pertaining to our services for medical providers, please click here. Please note, Callagy Law has recovered over $200,000,000 for medical providers, and that number grows daily. Our team of knowledgeable PIP Arbitration attorneys are ready to help you. Please free to reach out to Sean Callagy of Callagy Law at any time for questions you may have concerning personal and business matters. Callagy Law offices are located conveniently in Paramus, NJ. Beyond the scope of information, Sean Callagy has developed multiple areas of our healthcare legal practice and business coaching. Feel free to connect with us on Facebook, Twitter or LinkedIn! Additionally you can subscribe to our daily videos on YouTube.

Learn More About Callagy Law Here:

Avvo

Blog

Facebook

YouTube

Pinterest

Indeed

Yelp

LawNearMe

Wikipedia

Website