Personal Injury Updates

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California Court of Appeal Affirms Decision to Exclude Evidence of the Amount Paid by a Medical Financing Company to a Personal...

In Moore v. Mercer (filed October 21, 2016, C073064), the California Court of Appeal, Third Appellate District, ventured “down the rabbit hole into the upside-down world of health care billing” and held that evidence of the...more

Federal auditors assail $359 million in Medicare costs for chiropractic care

Federal auditors have found that 80 percent of Medicare spending in a recent year on chiropractic care-some $359 million-was medically unnecessary. The federal insurance program for senior citizens should not have thrown...more

The “Collateral Source Rule” is Alive and Well in California!

Woodland Hills personal injury attorney Barry P. Goldberg is often confronted with situations where there are multiple sources of insurance recovery for his clients. Many clients do not realize that the “Collateral Source...more

Expert Who Admitted That He Was Unqualified and That His Opinions Lacked Methodology Not Allowed to Testify in Zoloft Litigation.

Last week, the Drug and Device Law Lifelong BFF asked us if we were interested in a quick trip to New York to use tickets for an early morning taping of “Live with Kelly.” Sure, we said – sounds like fun. And so, after...more

Insurer Liable for Mandatory Double Damages for Failure to Reimburse a Medicare Advantage Organization for Medicare Benefits It...

Humana Medical Plan, Inc. v Western Heritage Insurance Company ____ F.3d ____ 2016 WL 4169120 (11th Circuit, August 8, 2016) - The federal Medicare and Medicaid Acts have been called “among the most completely...more

High Tech Way to Prevent Texting While Driving

Technology can disable cell phone use while driving, which could prevent many texting-related accidents. Illinois law prohibits the use of all hand-held devices while operating a motor vehicle. Calls, texts, and browsing the...more

FDA lets medical device-makers report safety woes in lax, secretive ways

Instead of acting as a tough federal watchdog that protects and informs patients about problems with medical devices-from heart valves to drug pumps-the federal Food and Drug Administration all too often has served as an...more

Is a City Immune for Failing to Install Signals at a Crosswalk?

Woodland Hills personal injury attorney Barry P. Goldberg is seeing more and more serious pedestrian accidents at crosswalks. In fact, Mr. Goldberg recently posted articles on the most dangerous intersections for pedestrian...more

Florida’s Second District Court of Appeal Upholds the Enforceability of Arbitration Agreements in Disputes with Nursing Homes...

For the second time in less than a month, a Florida appellate court addressed the issue of arbitration agreements and their enforceability as it relates to disputes residents of nursing homes may have with the nursing home. ...more

Using Pop Culture References in Advertisements? Just Do It Right

In this age of smartphone cameras and hashtags, an impromptu remark or a right place-at-the-right-time snapshot can “go viral” and create instant and immense goodwill. Businesses today use social media as a tool to promote...more

Arizona Court of Appeals Reverses $1 Million Award of Punitive Damages in Insurance Bad Faith Case for Alleged “Institutional Bad...

In Sobieski v. Am. Standard Ins. Co. of Wisconsin, 2016 WL 5436588 (Ariz.App. Sept. 29, 2016), despite upholding a bad faith judgment for an insurer conducting an unreasonable investigation and denying a claim, the Arizona...more

New Win for Old Spice

Procter & Gamble was sued this March in the Southern District of Ohio by about 180 persons claiming they had bought and were injured by applying thirteen different Old Spice deodorant products manufactured and sold by P&G. ...more

Tips for Avoiding Car Accidents

Small things can have a big impact; especially when it comes to following traffic laws. A slight mistake can put your life in danger — and the statistics support this frightening fact....more

Appellate Court Notes

Supreme Court Advance Release Opinions: SC19516 - Doe v. Boy Scouts of America Corp. SC19516 Concurrence - Doe v. Boy Scouts of America Corp. SC19516 Concurrence - Doe v. Boy Scouts of America...more

Homeopathic Teething Products Linked to Child Deaths, FDA Says

Belladonna is blamed for the deaths of 10 babies. The parents treated their teething phase with homeopathic teething products (gels and tablets) containing the natural substance. Another name for belladona is deadly...more

New Turbulence App May Prevent In-Flight Injuries

US aircraft experience 65,000 incidences of moderate to severe turbulence each year. Turbulence-related injuries range from minor cuts and bruises to fractures, broken bones, and serious spinal and head injuries. A flight...more

California Recreational Immunity Statute Applies to Shield Landowner from Liability for Injuries to Off-Premises Persons Not...

The California Court of Appeal, in a case of first impression, recently held that California's "recreational immunity" statute (Cal. Civil Code §846(c)) applies to shield landowners from liability where recreational users of...more

Supreme Court Update: Bosse V. Oklahoma (15-9173) And Order List

Greetings, Court Fans! Fresh from a three-day weekend, the Court made short work yesterday of its first decision of the term, a per curiam summary reversal in Bosse v. Oklahoma (15-9173). Though the case touched upon an...more

Measuring Brain Waves May Get Drowsy Drivers Off the Road

Drowsy driving is a huge problem on American roads. Some safety experts suggest that measuring brain waves could prevent drowsy driving among truckers....more

Recent Blows to the Use of Forced Arbitration Agreements by Florida Nursing Homes

The Florida Supreme Court and the Centers for Medicaid and Medicare Services (“CMS”) recently dealt two blows to the use of arbitration agreements by nursing homes for any disputes they may have with their residents in...more

Premises Liability

Victor M. Regalado v. Jeffrey M. Callaghan - Court of Appeal, Fourth Appellate District (September 22, 2016) - Generally, when employees of independent contractors are injured in the workplace, they cannot sue the...more

Motorcyclist Killed in Suspected Hit and Run

Hit and run accidents can happen to anyone, including motorcycle riders. Recently, a 60-year-old Pasadena man was killed in a motorcycle accident that officials believe involved a hit-and-run driver. According to the local...more

Are Waivers of Liability Enforceable in New York?

We have probably all seen them in the “fine print” at one time or another: waivers of liability, injury waivers, or pre-injury clauses we have to sign before taking part in some type of activity. Waivers of liability have...more

Non-delegable duties of architects and main contractors in construction claims - A case study of MCST Plan No. 3322 v Tiong Aik...

In MCST Plan No. 3322 v Tiong Aik Construction Pte Ltd and Another [2016] SGCA 40, the Singapore Court of Appeal (CA) held that architects and main contractors are not subject to a non-delegable duty in tort to ensure that...more

The Totality of Circumstances Test Used to Determine Foreseeability of Criminal Act

Unfortunately, criminal activity occurs at many retail and hospitality establishments. When a patron is attacked and suffers injury, the patron often looks to the establishment for compensation. The determination of whether...more

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