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Medicaid Liens Revisited Image

Medicaid Liens Revisited

Thomas A. Moore & Matthew Gaier

In the last couple of years, there have been important changes in the law on Medicaid liens on medical malpractice recoveries that have substantially altered the landscape with regard to such liens.

Features

Determining Legal and Financial Competency Image

Determining Legal and Financial Competency

Gerald Tramontano

Attorneys are increasingly asking clinicians to evaluate their clients' (or their relatives') financial and legal capacities, as well as their ability to live independently. These evaluations have both legal and ethical implications because the determination can make the difference between maintaining an individual's right to autonomy and his need for protection. Although determinations regarding capacity can limit or remove one's freedom to make financial and legal decisions, they may be necessary to safeguard patients from being exploited.

Features

Medical Child Abuse: Munchausen by Proxy and Pediatric Condition Falsification Image

Medical Child Abuse: Munchausen by Proxy and Pediatric Condition Falsification

Lawrence Jay Braunstein & Pamela Walitt

While many family practitioners are familiar with allegations of child sexual abuse and physical abuse, often arising in the context of a custody dispute, fewer are as knowledgeable about Factitious Disorder by Proxy ('FDP'), popularly referred to as Munchausen Syndrome by Proxy ('MSBP') and a variant thereof, Pediatric Condition Falsification ('PCF'). Whether you are representing a parent accused of child sexual abuse, the accusing parent or a parent with a chronically ill child, a basic understanding of these disorders is helpful to properly assess whether they may be an issue in your case.

Features

Special Issue: Telecommuting: The Legal Risks of Telecommuting Image

Special Issue: Telecommuting: The Legal Risks of Telecommuting

Daniel J. McCoy

This article focuses on key legal duties engendered by telecommuting arrangements; the significant legal risks triggered by regular or periodic work-at-home arrangements; and practical steps employers can take to mitigate these risks.

Features

Decisions of Interest Image

Decisions of Interest

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

Features

NJ & CT News Image

NJ & CT News

ALM Staff & Law Journal Newsletters

Rulngs in neighboring states that may affect your practice.

Features

Applying Exceptions to the Rules Against Hearsay Evidence in Custody Cases Image

Applying Exceptions to the Rules Against Hearsay Evidence in Custody Cases

Bari Brandes Corbin & Evan B. Brandes

In Part One of this article, the authors discussed the fact that the rule against hearsay often presents roadblocks for counsel in contested custody and visitation cases. Now they look at the specific exceptions to the rules against hearsay as they relate to child custody litigations.

Features

Case Notes Image

Case Notes

ALM Staff & Law Journal Newsletters

Punitive, Non-Economic Damages Reduced for Paraplegic Injuries

Features

TX High Court Rules on Federal Pre-emption Image

TX High Court Rules on Federal Pre-emption

Mary Alice Robbins

In an April 18 decision that could affect other kinds of cases involving a federal regulatory scheme, the Texas Supreme Court held that the U.S. Consumer Product Safety Act ('CPSA') pre-empts a tort claim brought against a cigarette lighter manufacturer.

Features

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IP News

Compiled by Matthew Berkowitz & Natasha Sardesai

Recent developments you need to know.

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