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Case Briefs
Medical Provider's Improper Corporate Structure Renders Its Bills Ineligible for Coverage
In Verano, Damian & Finkel, LLC and Ramsey Medical, P.A. v. Allstate Insurance Company, 366 N.J. Super. 1 (App. Div. 2004), Ramsey Medical provided medical treatment to an individual who was covered by an Allstate automobile insurance policy. Ramsey Medical subsequently submitted its bills to Allstate for payment. When Allstate failed to pay all of the bills, Ramsey Medical filed an arbitration demand against Allstate seeking to compel it to make payment on the outstanding bills. The parties entered into a settlement prior to the arbitration hearing.
Allstate failed to make the payments called for by the parties' settlement agreement. As a result, Ramsey Medical filed a complaint to enforce the settlement. Allstate answered the complaint and filed a claim against Ramsey Medical under the New Jersey Insurance Fraud Prevention Act (N.J.S.A. 17:33A-1 et seq.), which provides insurance carriers with a cause of action against claimants and others who submit statements to insurance companies in support of claims for payment knowing that the statements contain material misrepresentations. Ramsey Medical filed a motion for summary judgment seeking to enforce the settlement agreement. Allstate opposed the motion, arguing that it discovered subsequent to the settlement that Ramsey Medical was operating in violation of the New Jersey State Medical Board's Regulations, and that the plaintiff fraudulently concealed this fact from it.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.