In Progressive Northern Insurance Company v. Pippin, No. 17-6182, (10th Cir. March 28, 2018), the United States Court of Appeals for the Tenth Circuit undertook the question arising out of an odd claim by the insured against his insurance company. In 2012, Greg Pippin (“Pippin”)…
Last month, Nevada Highway Patrol (NHP) troopers held a vigil to honor 59 of the more than 300 people who died on Nevada’s roadways in 2017. Troopers paid tribute by lighting 59 individual luminarias—each with the name of a person who died as a result…
In White v. Estate of Soto-Lerma, No. 17CA0292, (2018 COA 35), the Colorado Court of Appeals considered the question. In a suit against a decedent’s estate, does the Nonclaim Statute allow a plaintiff to recover a judgment for prejudgment interest and costs above the limit…
In Bolita v. West Omaha Winsupply Company, No. A-17-636, (Neb. Ct. App. March 20, 2018), the Nebraska Court of Appeals examined the employer’s appeal to a workman’s compensation award of total disability benefits. Jeffrey Bolita (“Bolita”) filed a petition on December 22, 2016, alleging he…
Earnouts are a traditional transaction structuring mechanism to help sellers and buyers of a company bridge valuations gaps. Earnouts are increasingly utilized in today’s current high valuation market. Earnouts helps sellers maximize the value of their enterprise, while at the same time providing do
On March 30, 2018, a federal jury in Arizona ordered C.R. Bard, Inc. to pay $3.6 million to a Georgia woman who suffered serious complications after the company’s G2 inferior vena cava (IVC) filter fractured inside her body.
A Phoenix, Arizona jury today found that C.R. Bard, a manufacturer of IVC blood filters should pay $3.6 million to plaintiff Sherri Booker who was 37 years old when a Bard G2 blood filter was implanted. Her blood filter which was intended to prevent…
It wasn’t so long ago that medical device makers led us to believe that metal-on-metal hip implants would revolutionize the industry and provide a better, safer alternative to older implant designs. But the revolution was short lived and the metal-on-metal devices began to fail almost…
As headlines in Tennessee continue to focus on the ravishing effects of opioid use, a “silent killer” could be adding insult to injury for those who are dealing with drug dependency. The disease is hepatitis C, and acute cases of the condition have doubled in…
When it comes to an Ischemic stroke—one that occurs when a blood clot blocks a vessel carrying blood to the brain—time is of the essence. Often medical staff have just hours to act or the blockage can cause serious, irreparable damage to brain cells. In…
In Cavlovic v. J.C. Penney, No. 17-3174, (10th Cir. March 8, 2018), Ann Cavlovic (“Cavlovic”) filed suit against the J.C. Penney Corporation, Inc., (“J.C. Penney”) alleging J.C. Penney used fraudulent advertising practices. On December 16, 2016, Cavlovic filed a class action complaint in Kansas stat
Many injured workers simply give up when they don’t know what else to do with a workers’ comp claim, especially one that is as hard as an occupational disease.
