AAJ is sponsoring a case planning workshop in Washington, D.C. on July 12-14, 2012. This in-depth program takes your active case through six critical workshops and three group sessions to help you define your case strategy. The hands-on format provides constant attention to your wrongful death or catastrophic injury case.…
The United States Supreme Court will determine whether an employee benefits plan govered by ERISA is subject to equitable limitations when it demands reimbursement of benefits paid a covered employee who recovers money in personal injury and wrongful death litigation. The case that will be reviewed is U.S. Airways, Inc.…
A federal court of appeals has ruled that a court may take judicial notice of a Google map image. In United States v. Perea-Rey, No. 10-50632 (9th Cir. May 31, 2012), the Court of Appeals for the Ninth Circuit ruled that We take judicial notice of a Google map and…
Article 1, Section 17of the Tennessee Constitution provides that " all courts shall be open; and every man, for an injury done him in his lands, goods, person or reputation, shall have remedy by due course of law, and right and justice administered without sale, denial or delay.” The Tennessee Attorney…
The Tennessee Attorney General has weighed in on the "Restrict the Civil Justice Rights of Tennesseans In Exchange for the False Promise of Low Paying, Unspecified Jobs Without Benefits Act of 2011," more commonly known as the Tennessee Civil Justice Act of 2011. Senator Jim Kyle made these inquiries? …
The United States Court of Appeals for the Ninth Circuit has ruled that an employer-based health insurance plan did not have a right to full reimbursement from a personal injury plaintiff who recovered only a fraction of her damages from the wrongdoer. The case is CGI v. Rose, No. 11-35127…
Those in positions of power and wealth fear one thing more than parting with their precious money: they fear that someone will find out what they did. Thus, we see repeated requests of courts to hide the the conduct of wrongdoers. Early in a case, these efforts manifests themselves in…
The Centers for Medicare & Medicaid Services have issued proposed rules to address the issue of how Medicare beneficiaries will protect Medicare’s interest when future medical care is claimed or the settlement or judgment released (or has the effect of releasing) claims for future medical care. Here are the proposed…
Kentucky Supreme Court Justice Bill Cunningham has authored an article in the News Democrat Leader about lawyers who take their own lives. Called "Broken Hearted Idealists," it does a fine job exposing a problem in our profession and some interesting thoughts about why it happens.
Three professors have conducted a study to see if legal restrictions on patient rates have had an impact on the supply of physicians. The result? The researches found no evidence that the legal changes increased the supply of primary care physicians or specialists. But then again, they relied on facts. The…