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Medical Discounts and the Collateral Source Rule Image

Medical Discounts and the Collateral Source Rule

H. Thomas Watson

When tortious conduct causes injuries, the plaintiff is allowed to recover as special damages the 'reasonable value' of the medical services needed to treat the injury. Today, determining what is the 'reasonable value' of health care services is becoming a more challenging task.

Features

<b><i>Software Review:</i></b> Adobe Acrobat 8 Professional: The Best Just Got Better Image

<b><i>Software Review:</i></b> Adobe Acrobat 8 Professional: The Best Just Got Better

Alan Pearlman

With the advent of Adobe Acrobat 8 Professional, the software company has finally specifically targeted the needs of the legal community in a package that is worthy of our praise ' as well as our dollars!

<b><i>Software Review:</i></b> FreshBooks: A New Billing Alternative Image

<b><i>Software Review:</i></b> FreshBooks: A New Billing Alternative

Charles Hartley

Billing is a necessary evil with any small business, law practices included. It must be done to stay in business and keep a roof over the office, but it takes time away from actually practicing law.

Features

How New Technology Reduces the True Cost of e-Discovery Image

How New Technology Reduces the True Cost of e-Discovery

Adam I. Cohen

For years, technology has been used to improve the efficiency of countless business activities and functions. Recently, a number of technology tools have emerged that enable companies to do the same with their electronic discovery process.

Enforcement of State Security Breach Notification Laws Image

Enforcement of State Security Breach Notification Laws

Melissa J. Krasnow

The first two installments of this series addressed security procedures and practices, document destruction, and security breach notification. The series concludes with a discussion of the varying enforcement policies at the state level.

Features

NorVergence Maelstrom Rolls On: Floating Forum Clause Invalidated As Unreasonable Image

NorVergence Maelstrom Rolls On: Floating Forum Clause Invalidated As Unreasonable

John C. Kilgannon

A recent decision from the Ohio Supreme Court may have an impact on the marketability of commercial lease agreements. In <i>Preferred Capital, Inc. v. Power Engineering Group, Inc.</i>, 112 Ohio St. 3d 429, 860 N.E.2d 741 (2007), the court held that an open-ended forum selection clause, often referred to as a 'floating forum clause,' was not enforceable. The <i>Preferred Capital</i> court found that a floating forum clause in a lease agreement, which provided that any lawsuit arising from the lease would be venued in the state of the lessor's <i>or its assignee's</i> principal place of business, was unreasonable and contrary to public policy. While one might conclude that the subject forum clause is innocuous, the court took issue with the fact that the designated forum could be transferred to another jurisdiction if the lease agreement were assigned. In other words, if the lease were assigned to an assignee with a principal place of business that differed from that of the lessor, the appropriate forum would change. Another significant consideration for the court was the disparity of information between the parties. At the time the lease agreements were executed, the lessor was aware that the leases would be assigned to a company that was based in a foreign jurisdiction. The court's refusal to enforce the forum clause was based, in large part, on the lessor's failure to disclose that information at the time the parties entered into the lease.

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Litigation

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

Leaving Retirement Plan Benefits to Trusts Image

Leaving Retirement Plan Benefits to Trusts

Ellen Schiffer Berkowitz

As the baby boomer generation ages, a greater and greater concentration of wealth is being held in retirement plan benefits. Dealing with the complexities of retirement plan benefits, whether it be via a prenuptial agreement or a divorce settlement, is unavoidable. An inadequate understanding of how these plans work can make a significant difference in your client's tax bill.

PA Courts May Divide Cremated Remains Between Parties Image

PA Courts May Divide Cremated Remains Between Parties

Stephanie Lovett

In what appears to be an issue of first impression in a case over the disposition of the remains of a divorcing couple's deceased son, the Superior Court of Pennsylvania has ruled that trial courts have the authority to order the division of cremated remains where the loved ones are in a dispute. Nevertheless, the court found that the Court of Common Pleas of Schuylkill County had abused its discretion in ordering the division of ashes and remanded the case back to the trial court.

The Subprime Lending Crisis: What Does It Mean to the Leasing Industry? Image

The Subprime Lending Crisis: What Does It Mean to the Leasing Industry?

Patrick W. Begos

The news is full of stories about the substantial, long-term effects of the subprime mortgage crisis on the mortgage-lending industry. But little has been written about how it will affect other market segments like the leasing industry. There will certainly be spillover, although it won't be as dramatic. This article explores what the leasing industry should be looking for, and doing, in response to this crisis.

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