ERISA: US Airways V Mccutchen

The Supreme Court just held that ERISA recovery plans are enforceable as an "equitable lien based upon agreement". The net is and will be that the plans get total reimbursement and, depending upon the...

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Categories: Labor Law
No Fault Serious Injury Threshold – Motor Vehicle Accidents

The Fourth Department just, again, further restricted an injured victim's right to trial by jury by dismissing a complaint where the treating surgeon stated under oath that the traumatic injury of a l...

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Categories: Motor Vehicle Accidents
Corasanti Jury Verdict

The goal and purpose of a jury trial is to have the verdict unknown until the end of the trial. In jury trials, there is the chance that there will be a fair verdict.  In reality, generally the impres...

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Categories: Personal Injury, Wrongful Death
Board Certification as Specialist in Civil Litigation & 1st Amendment

Dear Michael Hayes: At a recent board meeting of the National Board of Legal Specialty Certification (NBLSC), the parent organization of the National Board of Trial Advocacy (NBTA), on which I have...

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Categories: Articles
Medicare Liens

The Federal Medicare statute provides that Medicare is only a right of subrogation. It is not a lien. If the personal injury claimant recovers and collects Medicare’s money, then an “equitable lien” is created. In the absence of that factor, no money should have to be repaid to Medicare out of the personal injury settlement or verdict. However, Administrative Protocol must be strictly followed. An Alternative may be to Sue the U. S. as a Defendant in your Primary Suit in Federal Court

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Categories: Medicare and Medicaid