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Articles Posted in Miscellaneous

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American Medical Association Applaudes Lawyers and Use of The Justice System

The American Medical Association has finally recognized the important role that lawyers play in advancing the interests of their clients in the justice system.  Indeed, it has even created a "Litigation Center"    to "ensure physicians’ rights are upheld in the most important challenges facing today’s working physician."   Rumor has it…

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ALI Adopts Restatement Provision on Liability of Those Who Hire Independent Contractors

On Monday, May 16, 2011 the American Law Institute adopted Chapter 10 of the  Restatement of the Law Third, Torts:  Liability for Physical and Emotional Harm.   Chapter 10 addresses liability, both direct and vicarious, of those who employ an independent contractor.  It replaces Chapter 15 of the Prosser /…

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Client Money in Lawyer’s Trust Account Held To Be Asset of Client

The Oregon Court of Appeals has ruled that client money held in a lawyer’s trust account can be counted as an asset for purposes of determining whether the client is eligible for Medicaid benefits. The case is  Dorszynski v. Department of Human Services,   Case No 20071851  (Oregon Ct. App. October 27,2010).…

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Plaintiff Can Recover Full, Undiscounted Medical Bills in Colorado

The Colorado Supreme Court has rejected a challenge to the collateral source rule and has ruled that a plaintiff may recover the full, not discounted, amount of medical bills in a personal injury case. In Volunteers of America Colorado Branch v. Gardenswartz, Case No. 09SC20  (Col. Nov. 15, 2010) the court explained…

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