Liens in Personal Injury Actions – Update

A lawyer who represents two or more clients shall not make or participate in the making of an aggregate settlement of or against the clients.” New York Rules of Professional Conduct, Rule 1.8:(g). Are we attorneys afraid of taking a stand against medical providers or are we complicit because our fees are increased?

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Categories: Articles, Liens, Personal Injury
NY CPLR 4545 & GOL 5-335

CPLR 4545 now precludes private health insurers from recovering pursuant to subrogation. GOL 5-355 extinguishes private health insurer recovery rights upon settlement of the injury claim. Medicare, Medicaid, APIP & Workers' Compensation recovery rights are preserved in these statutes. Loopholes exist that could still permit private health insurers to recovery under subrogation. Ethical violations and Conflicts of Interest are going to be strong temptations due to this legislation.

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Categories: Articles
Dog Bites and Animal Attacks

Dog bites and animal attacks in New York State are governed by long-established and rigidly enforced rules regarding liability for damages and responsibility. Upon proof of prior notice and vicious pr...

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Categories: Dog Bites
Medicare Liens & No Fault

Many attorneys miss that when their client is charged with a Medicare lien, that if it is a no fault case, it is that carrier that must pay the bill, not the client.  Even where no fault has had an IM...

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Categories: Medical Malpractice, Medicare and Medicaid
Whistle Blower Lawsuits

J. Michael Hayes is bringing one of the potentially largest qui tam (whistleblower) lawsuits ever initiated in an attempt to recover billions of dollars for the Federal government. USA ex rel HAYES v...

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Categories: Whistleblower Lawsuits