Partner Rachel Cohen starts 2023 with a bang!

Congratulations to Partner Rachel Cohen for starting 2023 off with not 1 but 2 great results on two separate cases involving lien claimants!
 
In Case 1, Rachel obtained an Order Awarding Costs against a lien claimant. Threshold defenses were raised including but not limited to lien claimant’s non-participation in defendant’s MPN. Lien Claimant attempted to argue among other things that they were in defendant’s MPN and in the alternative, defendant’s MPN was not valid. The court ultimately found that lien claimant did not meet their burdens of proof but also proceeded to Trial on frivolous issues, failure to provide evidence of their claims, and failed to file a trial brief ordered by the Court. 
 
Not only was Rachel able to obtain cost savings because of the Original Findings and Award/Take Nothing, she was also able to obtain and recover costs on behalf of her client as a result of the extensive litigation caused by lien claimant’s frivolous litigation tactics.
 
In Case 2, Rachel obtained a Take Nothing against 2 lien claimants by successfully arguing that lien claimant 1 was correctly paid per fee schedule and that lien claimant 2 was not entitled to any reimbursement. She also successfully demonstrated that defendant was not barred from presenting evidence that the billing of both lien claimants were inconsistent with fee schedule. The court also found lien claimants did not successfully carry their burden of proof.
 
As a result, the WCJ ordered both lien claimants Take Nothing by Way of their liens once again providing another client with a large cost savings!