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Med Mal News
A look at what's happening in the practice area.
Features
When Patients Require Transfer
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
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.
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Resolving FLSA Claims Without Overpaying the Plaintiff's Attorney
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
In Child Support Cases, Judges Appear Reluctant to Extend Sixth Amendment Rights
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.
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Beware of 'Calculations' of Business Value
Recent cases highlight how dangerous experts can be when they report that their finding of business value is based on a "calculation."
Features
Medicare and Medicaid Issues in Insolvency Cases
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
Bankruptcy Claims Traders Alert
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
Buyer Beware
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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