Law.com Subscribers SAVE 30%

Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.

Med Mal News

By ALM Staff | Law Journal Newsletters |

New Hampshire Interests Play Tug-of-War with Surplus Med-Mal Claims Fund

The State of New Hampshire wants to shift surplus funds from the New Hampshire Medical Malpractice Joint Underwriting Association to the general fund so that it can use the money to finance programs aimed at expanding health care access. Three named plaintiffs, representing the interests of more than 200 health care providers who hold medical malpractice policies, have filed an emergency petition for extraordinary writ of mandamus and writ of prohibition against the malpractice insurance fund, eight individual fund board members, the State's insurance department and the New Hampshire State Treasurer. In Tuttle v. New Hampshire Medical Malpractice Joint Underwriting Association by and through its Board of Directors, No. 09-E-0148 (Belknap Co., N.H., Super. Ct.), the petitioners ask that the malpractice fund be prohibited from transferring any of its $110 million surplus to any other state agencies, a move that would be permitted if pending legislation is passed. The petitioners claim they have contractual rights to the fund and that any excess should be disbursed to them, if to anyone. Scott O'Connell, a Boston partner at Nixon Peabody, the firm representing the care providers, contends that although legislation appropriately could change the rules for the malpractice fund going forward, it “can't undo the ground rules that govern how this surplus was amassed and undo all of these contractual expectancies.”

This premium content is locked for Entertainment Law & Finance subscribers only

  • Stay current on the latest information, rulings, regulations, and trends
  • Includes practical, must-have information on copyrights, royalties, AI, and more
  • Tap into expert guidance from top entertainment lawyers and experts

For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473

Read These Next
The Article 8 Opt In Image

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.

Major Differences In UK, U.S. Copyright Laws Image

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.

Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers Image

There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.

Strategy vs. Tactics: Two Sides of a Difficult Coin Image

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.

Transfer Tax Implications on Real Property Leases Image

The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.