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In his State of the Union address, President Obama defended his signature health care reform law while acknowledging that further steps must be taken to reduce the significant proportion of spending devoted to health care. In a nod toward bipartisanship in this contentious debate, the President expressed a readiness to consider approaches that he had previously rejected. “I'm willing to look at other ideas to bring down costs, including one that Republicans suggested last year ' medical malpractice reform to rein in frivolous lawsuits.”
The President followed through on this pledge by including $250 million in his budget for grants to states from the Justice Department (DOJ) in order to implement tort reform measures in the area of medical malpractice. It is perhaps an indication that the President does not believe that any such new programs will actually save any money that his budget does not attribute any savings to this expenditure.
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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.
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