Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
Limiting Windfall Damages
As many consumers of medical care can attest, a medical provider's “usual and customary” rates as shown on its invoices are often several times higher than the amount the provider agrees to accept as payment in full from health insurers and others. In Howell v. Hamilton Meats & Provisions Inc., 52 Cal. 4th 541 (2011), the California Supreme Court recently decided a recurring issue concerning such damages in personal injury cases: whether the plaintiff can recover as damages the undiscounted “usual and customary” rates that medical providers bill for the plaintiff's medical care, or only the discounted amounts that providers accept as full payment for that care. The Supreme Court held the plaintiff may recover only the discounted amount, stating that the plaintiff “may recover as economic damages no more than the amounts paid by the plaintiff or his or her insurer for the medical services received ' .” Id. at 566 (emphasis added).
Howell was one of 2011's most important damages cases. It will have a significant impact on personal injury damages in California and may offer a model for challenging windfall damages in other states. Yet it leaves unanswered numerous questions that are likely to challenge the appellate courts in 2012 and beyond.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- 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
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.