Read Civil Remedies updates, alerts, news, and legal analysis from leading lawyers and law firms:
Arbitration - An Alternative to Litigation for Dispute Resolution
Elmo Sex Scandal: More Accusers May Come Forward, Says Lawyer
Newtown Shootings Could Give Rise to More Litigation, Says Pinsky
Whalen: Go Back To The Future To Fight Fraud With Equity Receivers
What you need to know: A recent Massachusetts federal trial court ruling applied pro-rata allocation and continuous trigger to progressive injury claims arising from asbestos and toxic chemicals and metals....more
In the final days of the Illinois Supreme Court's recently concluded May term, the Court allowed petitions for leave to appeal in five new civil cases. Today, we begin our detailed previews of those cases, discussing the...more
If you are facing possibly liability for the actions of another person, such as a person driving your car or maybe living in your house, you will want to read this post! Contact: Attorney George E. Bourguignon,...more
Throughout the years, plaintiffs’ attorneys in personal injury actions have tried to present the entire amount of medical expenses billed in efforts to increase the plaintiffs’ recovery. Despite the irrelevance of these...more
In a 4-1 opinion (JJ. Viviano and McCormack not participating), the Michigan Supreme Court ruled the “base price” of a van was not an allowable PIP expense under the No-Fault Act. MCL 500.3107(1)(a) permits an injured person...more
In U.S. Airways v. McCutchen, the U.S. Supreme Court upheld the ability of U.S. Airways’ health plan to recover medical expenses that it previously paid to the injured party from a third party settlement, but remanded the...more
There is a confusion among the Workers’ Compensation Board of Magistrates and, in some cases, in the Michigan Compensation Appellate Commission (the Commission) between the proper prima facie injury analysis required of a...more
This week we take a look at the ability to discover documents from an insurance company's claim's file in an insurance bad faith claim through the recent Southern District of Indiana decision in Woodruff v. American Family...more
In September, 2010, the Statutory Accident Benefits Schedule (“SABS”) was amended to introduce the Minor Injury Guideline (“MIG”). Many people are surprised to hear that their injuries are being described as “minor”. In fact,...more
In Howell v. Hamilton Meats & Provisions, Inc., the California Supreme Court ruled that where a plaintiff’s medical care provider, pursuant to a prior agreement with the plaintiff’s health care provider, accepted less than...more
MCL 500.3114(2) of Michigan’s No-Fault Automobile Insurance Act establishes a priority of insurers of motor vehicles for certain types of vehicles. The first sentence provides, simply, as follows: ”A person suffering...more
As I had predicted in August 2012, when the Court of Appeals issued its opinion in this case, the Supreme Court would likely have to further analyze the underlying issues regarding the meaning of an “unlawful taking” and...more
Despite the efforts to prevent accidents, crashes with Canadian drivers are still an all too common occurrence in Washington State. To make matters worse, dealing with Canadian insurance companies can be confusing and...more
This past December, Valerie Marshal, a licensed massage therapist and the owner of Indian Rehabilitation Center, Inc., along with 18 others, was arrested after an investigation uncovered a series of staged accidents and...more
The U.S. Supreme Court has ruled that the clear terms of an employer's group health plan override an employee's equitable defenses in determining the plan's right to recover amounts from a third party. This decision points...more
In a prior blog, I discussed the importance of including unambiguous reimbursement rights in health plan documents in order to manage healthcare costs. The enforceability of such rights was confirmed by the United States...more
On April 16, 2013, the U.S. Supreme Court issued its decision in US Airways, Inc. v. McCutchen (No. 11–1285), deciding the issue of whether equitable defenses, such as the principle of unjust enrichment, can override the...more
The U.S. Supreme Court yesterday strengthened the ability of employer health insurance plans to recoup payments for medical expenses paid for an injured plan participant who later sues to recover damages from a third...more
On April 16, 2013, the U.S. Supreme Court issued its opinion in U.S. Airways, Inc. v. McCutchen finding in favor of U.S. Airways in its quest to recover $66,866 in medical expenses incurred by its employee as a result of a...more
A health insurance company rolled the dice with a Las Vegas jury and lost more than half a billion dollars....more
Virginia‘s 2013 General Assembly session has now concluded. A package of Tort Reform bills met with mixed results—some passing, and other’s failing. The bills that did pass (discussed below) will impact civil practice in...more
The United States Supreme Court ruled today that absent an express provision to the contrary, the amount an ERISA plan can recover from a plan participant’s lawsuit against a third-party tortfeasor must be reduced...more
In the recent decision Kaiser Cement & Gypsum Corp. v. Insurance Company of the State of Pennsylvania 2013 Cal. App. LEXIS 269 (2nd Dist. April 8, 2013), the California Court of Appeal considered whether horizontal or...more
This week we discuss the Indiana Court of Appeals decision State Farm Fire & Casualty Co. v. Radcliff that upheld one of the largest verdicts – $14.5 million – ever obtained in a defamation case in United States history....more
In Howell v. Hamilton Meats & Provisions, Inc. the California Supreme Court ruled that a plaintiff’s recovery of medical damages is limited to the amount paid by the plaintiff’s health insurer and accepted by the health care...more
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