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Med Mal News

ALM Staff & Law Journal Newsletters

A look at what's happening in the practice area.

Features

When Patients Require Transfer Image

When Patients Require Transfer

Angela Forstie

It is not uncommon to see a medical malpractice case arising out of treatment received in an emergency situation. State legislatures are becoming more sensitive to this litigation and the effect that it has on the cost of medical malpractice insurance, as well as access to medical treatment.

Features

A Compelling Need for Change in Legal Hold Practices Image

A Compelling Need for Change in Legal Hold Practices

Brad Harris & Charlotte Riser Harris

Over 17 months ago, Judge Shira Scheindlin sounded the clarion call once again ' organizations that fail to take reasonable steps in response to a preservation obligation do so at their peril.

Features

Resolving FLSA Claims Without Overpaying the Plaintiff's Attorney Image

Resolving FLSA Claims Without Overpaying the Plaintiff's Attorney

Patricia Anderson Pryor

In recent years, claims for unpaid overtime, work off the clock or misclassification of employees have become popular among plaintiff's attorneys. Here's what to do.

Features

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Litigation

ALM Staff & Law Journal Newsletters

A recent ruling of interest.

Features

In Child Support Cases, Judges Appear Reluctant to Extend Sixth Amendment Rights Image

In Child Support Cases, Judges Appear Reluctant to Extend Sixth Amendment Rights

Marcia Coyle

A former solicitor general and a former Supreme Court clerk vigorously sparred before the justices in March over whether indigent persons have a constitutional right to counsel if they face jail for failing to pay child support.

Features

Beware of 'Calculations' of Business Value Image

Beware of 'Calculations' of Business Value

Rob Schlegel & John Kotlarczyk

Recent cases highlight how dangerous experts can be when they report that their finding of business value is based on a "calculation."

Features

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Medicare and Medicaid Issues in Insolvency Cases

Andrew H. Sherman & Adam J. Glanzman

Almost every health care bankruptcy case involves Medicare or Medicaid payments in some form or fashion. Insolvency professionals should be aware of the many complications of Medicare and Medicaid payments and potential negative consequences in bankruptcy cases.

Features

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Bankruptcy Claims Traders Alert

Scott J. Friedman & Mark G. Douglas

The Seventh Circuit recently affirmed a ruling that the purchaser of a claim based upon an executory contract that was ultimately rejected by a Chapter 11 DIP is not entitled to cure amounts as part of its allowed claim.

Features

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Buyer Beware

Lawrence S. Goldberg & David M. Hillman

Secured lenders often consider an out-of-court foreclosure as a faster and more efficient alternative to a credit bid sale under Chapter 11. The Second Circuit Court of Appeals has nowthrown a monkey wrench into the foreclosure alternative.

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