The extent and manner of home modifications in catastrophic claims present many problems in terms of claims management, which can lead to The extent and manner of home modifications in catastrophic claims present many problems in terms of claims management, which can lead to confusion and protracted litigation. In Southern Concrete vs. Spires(A10A1981), the Georgia Court of Appeals recently clarified this issue in an area of first impression for the court. Specifically, they determined whether a Claimant is entitled to complete ownership (“fee simple”) of a wheelchair-accessible home built and paid for by the ... Continue Reading
The (Bankruptcy) Trustee Cometh
The primary function of a bankruptcy Trustee is to marshal the assets of a bankrupt debtor's estate to pay the creditors of the bankrupt debtor. This The primary function of a bankruptcy Trustee is to marshal the assets of a bankrupt debtor’s estate to pay the creditors of the bankrupt debtor. This function is generally accomplished by identifying assets of the estate, negating debts, and/or by avoiding prior transfers improperly made to creditors via lawsuits within the bankruptcy known as Adversary Proceedings. In such proceedings, the Trustee may initiate suit against a person or entity to recover payments made to such person or company up to ... Continue Reading
Recent Developments On MSAs, The Moving Targets
In the history of the DEF Journal, there have been many articles about the many aspects of Medicare Set-Aside Trusts ("MSAs"). In the history of the DEF Journal, there have been many articles about the many aspects of Medicare Set-Aside Trusts (“MSAs”). But in the last year, we have seen more changes to MSAs by the Centers for Medicaid and Medicare Services (“CMS”) than ever before, and it seems more and more impossible to settle cases. Before we discuss the changes, we need to refresh the basics, such as when an MSA is needed, since this is often ... Continue Reading
Obesity: Supersizing Workers’ Compensation Costs
We all know that being overweight is bad for an individual on many levels. Obesity can lead to poor self-esteem, depression, and social isolation. The Centers for We all know that being overweight is bad for an individual on many levels. Obesity can lead to poor self-esteem, depression, and social isolation. The Centers for Disease Control (“CDC”) reports that being overweight or obese increases the risk of acquiring numerous health conditions and diseases such as hypertension, Type II diabetes, osteoarthritis, high cholesterol, and coronary artery disease -- to name just a few. In addition, a recent study in the Journal of Occupational and ... Continue Reading
Bradley V. Sebelius – A Victory In The Fight Against Medicare Conditional Payments
On September 29, 2010, The United States Court of Appeals, 11th Circuit, issued a potentially important decision in the ongoing struggle against Medicare On September 29, 2010, The United States Court of Appeals, 11th Circuit, issued a potentially important decision in the ongoing struggle against Medicare conditional payment recovery. This interesting case interprets the Medicare Secondary Payer Act (the “MSP”) in a Florida Wrongful Death settlement. The Eleventh Circuit ruled that Medicare was only entitled to recover conditional payments from the estate’s allocated share of the proceeds, but not from the proceeds of the settlement paid directly ... Continue Reading
Insurance Coverage: An Introduction To Chinese Drywall Claims
Between 2004 and 2008, Chinese drywall was installed in more than 100,000 homes in the United States. Since that time, it has been discovered that Between 2004 and 2008, Chinese drywall was installed in more than 100,000 homes in the United States. Since that time, it has been discovered that Chinese Drywall emits sulfide gases, damaging property and raising human health concerns. As a result, homeowners are filing class actions and builders are filing a myriad of suits against the manufacturers and distributors of Chinese drywall. In response to this litigation, insureds will likely turn to both their property and liability ... Continue Reading
What Do You Know? The U.S. Supreme Court Weighs In On The Relation Back Doctrine
The U.S. Supreme Court recently reversed a decision of the 11th Circuit regarding the relation back doctrine. See Krupski v. Costa Crociere, The U.S. Supreme Court recently reversed a decision of the 11th Circuit regarding the relation back doctrine. See Krupski v. Costa Crociere, 177 L.Ed. 48 (2010), overruling Krupski v. Costa Crociere, et al., 330 Fed. Appx. 892 (11th Cir. 2009). The relation back doctrine allows a plaintiff to amend his/her complaint and add a party after the statute of limitations has run when the party to be added has received sufficient notice of the suit prior ... Continue Reading
Employee Misclassification: New Scrutiny Of An Old Problem
The Employee Misclassification Prevention Act (H.R. 5107, S. 3254), or "EMPA", was introduced in the United States Senate and House of Representatives The Employee Misclassification Prevention Act (H.R. 5107, S. 3254), or “EMPA”, was introduced in the United States Senate and House of Representatives on April 22, 2010 by sponsors, Representative Lynn Woolsey of California and Senator Sherrod Williams of Ohio. If passed, this legislation would amend the Fair Labor Standards Act to make the misclassification of employees as independent contractors a violation of federal law. The law would require companies to keep record of nonemployees who ... Continue Reading
Apportionment Of Damages In O.C.G.A. § 51-12-33 Upheld By The Court Of Appeals
In 2005, the Georgia General Assembly enacted tort reform. Before 2005, multiple defendants had to contend with joint and several liability where all In 2005, the Georgia General Assembly enacted tort reform. Before 2005, multiple defendants had to contend with joint and several liability where all defendants were liable to the plaintiff as individual debtors for the entire verdict. Whether a defendant had a major or minor role in the case played no part in the amount that each defendant paid. In its extreme form, one defendant could end up paying the entire judgment. Contribution existed in law among the judgment debtors, but as ... Continue Reading
Understand “ESI” Before You End Up Needing “CSI”: Changes In The Federal Rules Dealing With Electronic Discovery And Related Matters
This article was written before Drew, Eckl & Farnham individually indexed its Journal Publications.This article was written before Drew, Eckl & Farnham individually indexed its Journal Publications. Click here to view the issue ... Continue Reading