Firm Blogs
- Medicare Secondary Payer Reporting (Update)
Mon, 01 Mar 2010 15:30:09 -0800
As referenced in our February 23, 2010 blog, "Reprieve for Insurers: Medicare Secondary Payer Reporting Requirements Delayed," the CMS recently published several important alerts, including the latest version of the User Guide (3.0). A brief summary of the alerts and changes to the...
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- "Principal Place of Business" defined by Supreme Court in Hertz Corp vs. Melinda Friend
Tue, 23 Feb 2010 16:50:50 -0800
U.S. Supreme Court Holds "Principal Place of Business" for Federal Diversity of Citizenship Purposes Is Corporations' "Nerve Center"— Where Their Executives Direct and Control Corporate Activities
by Sandra I. Weishart
In a decision closely watched by multi-state corporatio...
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- Reprieve for Insurers: Medicare Secondary Payer Reporting Requirements Delayed
Tue, 23 Feb 2010 15:58:51 -0800
by Steven Weinstein & Marina Karvelas
The U.S. Department of Health and Human Services (“HHS”) announced on February 16, 2010, that it will extend the deadline for reporting requirements under the Medicare Secondary Payer Act from April 1, 2010 to January 1, 2011. The news provide...
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- Federal Mental Health Parity Interim Rules Published
Mon, 22 Feb 2010 09:14:09 -0800
Two weeks ago, federal agencies published the interim final rules amending the mental health parity provisions, which appear in the Federal Register at Volume 75, Number 21, page 5409 (the “Rules”). The Rules are intended to implement the Wellstone-Domenici Mental Health Parity and ...
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- The Words "Accidental Bodily Injury" in a Disability Insurance Policy Connote an Injury Produced by a Sudden Event
Wed, 27 Jan 2010 15:28:31 -0800
Bilezikjian v. Unum Life Ins. Co. of America, __ F. Supp. 2d __ (C.D. Cal. Jan. 25, 2010).
Without a sudden event, an insured’s injury does not constitute an “accidental bodily injury” within the meaning of a disability insurance policy that distinguishes between accident versus si...
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- California Court of Appeal Upholds Rescission of Health Insurance Policy
Thu, 21 Jan 2010 16:32:51 -0800
Concludes that Health Insurer Does Not Have to Physically Attach the Application to the Policy to Rely on Misrepresentations in Application to Support Rescission
by John M. LeBlanc and Jason C. Love
In Nieto v. Blue Shield of California Life & Health Insurance Company, ___ Cal.Rptr.3d. ___, 2010...
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- Attorneys Fee Provision in California Disabled Persons Act Is Not Preempted by the ADA
Fri, 19 Feb 2010 11:18:49 -0800
In Jankey v. Song Koo Lee, 2010 DJDAR 2024 (2010), the California First Appellate District decided an unsettled question relating to the scope of preemption of the Americans with Disabilities Act of 1990, 42 U.S.C. §12101 (ADA). The court reviewed the preemption question vis-&agra...
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- Plaintiffs Fail To Satisfy the "Prevailing Party" Standard
Tue, 16 Feb 2010 15:17:04 -0800
Where a Settlement Offset Exceeds the Amount Awarded at Trial
In Goodman v. Lozano, 2010 DJMAR 1925, (2010), the California Supreme Court decided an important case under CCP § 1032, the prevailing party statute.
Background
The plaintiffs entered into a contract to purchase a house from t...
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- Municipal Ordinance Permits Attorney Fee Award Only In Limited Proceedings
Fri, 05 Feb 2010 14:35:37 -0800
In Woodland Part Management LLC v. City of East Palo Alto Rent Stabilization Board, 2010 DJDAR 1801 (2010) the Court of Appeal for the First Appellate district decided a unique fee case arising under the City of Palo Alto’s Rent Stabilization and Control Ordinance (hereinafter “the Ordi...
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