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When There Is an Insurance Claim for Property Damage, How Much Will the Payout Be Set Off by Depreciation?

In Hometown Community Association, Inc. v. Philadelphia Indemnity Insurance Company, No. 17-cv-00777-RBJ, Dist. Ct. (D. Colorado 2018), the United States District Court of Colorado sorted out the conflict between the parties. This suit comes from Philadelphia Indemnity Insurance’s (“Philadelphia”) t

By T. Thomas Metier

/ 9 May 2018

Medical Providers’ Collection Lawsuits Against Michigan No-Fault Auto Insurers Remains Valid With A Patient Assignment

On May 8, 2018, the Michigan Court of Appeals issued a binding decision in Shah, et al v State Farm Ins Co, ___ Mich App ___ (2018). This is the first post Covenant v State Farm Ins Co, case that has decided a substantive issue…

By Smith & Johnson, Attorneys, P.C.

/ 9 May 2018

Medical Providers’ Collection Lawsuits Against Michigan No-Fault Auto Insurers Remains Valid With A Patient Assignment

When a Teacher Released from His Contract, Did the School Have Proper Cause for Termination?

In Robinson v. Morrill County School District, No. S-17-16, (299 Neb. 740), the Supreme Court of Nebraska examined the merits of the termination. In the fall of 2013, Patrick Robinson (“Robinson”) was hired as the curriculum and assessment coordinator at Bridgeport Public Schools pursuant to…

By T. Thomas Metier

/ 7 May 2018

At What Point is an Employee Considered Permanently Disabled After Injuries on the Job?

In Wynne v. Menard, Inc., No. S-17-702, (299 Neb. 79), the Supreme Court of Nebraska determined the standard. Machelle Wynne (“Wynne”) was employed by Menard, Inc. (“Menard”) and worked at a Menard store in Nebraska. She was injured on the job on two different occasions—a…

By T. Thomas Metier

/ 4 May 2018

At What Point is an Employee Considered Permanently Disabled After Injuries on the Job?

Florida Biomet Magnum Hip Lawsuit: Metal Poisoning, Safety Loopholes and Secret Marketing Campaigns

(Ft. Lauderdale, FL – May 3, 2018) Maglio Christopher & Toale, P.A. files yet another lawsuit against Biomet Orthopedics on behalf of 3 Florida patients who all had to undergo traumatic hip revision surgery because of their defective Biomet Magnum hip implants. Patients Facing Medical…

By Legal Examiner Staffer

/ 3 May 2018

Does a Provision of an Insurance Policy Allowing for Recovery for Damages from an Uninsured Motorist Apply When a Third Party’s Insurer Denies Liability but not Coverage?

In Pena v. American Family, No. 17CA0098, (2018COA56) the Colorado Court of Appeals looks into this complicated question. Marisa Pena (“Peña”) sued American Family Mutual Insurance Company (“American Family”) after a car accident in 2013. Peña was involved in a three-car collision. When it happened,

By T. Thomas Metier

/ 3 May 2018

Biomet Magnum Hip Lawsuit: Metal Poisoning, Safety Loopholes and Secret Marketing Campaigns

(Ft. Lauderdale, FL – May 3, 2018) Maglio Christopher & Toale, P.A. files yet another lawsuit against Biomet Orthopedics on behalf of 3 Florida patients who all had to undergo traumatic hip revision surgery because of their defective Biomet Magnum hip implants. Patients Facing Medical Crises from t

By Legal Examiner Staffer

/ 3 May 2018

New Law Means Fewer Surprise Liens for Injured Nevada Drivers

A car crash and a short hospital stay shouldn’t ding a credit score, especially when you’re not at fault. Embarrassingly, hospital bills generated by minor automobile accidents such as the one last week when a commercial vehicle collided with a pickup truck were creating long-term…

By Legal Examiner Staffer

/ 3 May 2018

Fair Labor Standards Act Update

On April 2, 2018, the US Supreme Court issued its much-awaited opinion in Encino Motorcars, LLC v. Navarro, 16-1362, — US — (U.S. Apr. 2, 2018). In a 5-4 opinion, the Supreme Court case makes clear that car dealership service advisors are exempt from the…

By Legal Examiner Staffer

/ 2 May 2018

Advances in Brain Assessment Improve Care for Stroke Victims

Currently, brain scans are used to show doctors if a stroke has occurred in a patient. However, a new computer program in development will be able to tell doctors just how healthy a brain is after a stroke. The predictive software is a joint effort…

By Christopher T. Nace

/ 1 May 2018

Advances in Brain Assessment Improve Care for Stroke Victims

‘Twas The Season: A Gift Or Not A Gift

As the season of giving has passed, we are reminded that all seasons must come to an end. The other, less generous seasons usually include litigation related to interests in property that are claimed to have been acquired by gift. This includes the donor who…

By Legal Examiner Staffer

/ 1 May 2018

You’ve Been Sexually Assaulted: What’s Next?

Sexual assaults (stranger rape, date rape, unwanted touching, forced sexual acts, or abuse) cause intense trauma, stress, fear, and confusion. Some victims are too horrified to focus on caring for themselves. We hope you never encounter the brutality of sexual assault. If you do, the…

By Legal Examiner Staffer

/ 27 Apr 2018