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26 Nov 2013, 11:09 am
Whether employing the mere allegation approach or one of the heightened requirement approaches, all district courts typically permit discovery in ERISA cases when plaintiff makes an additional showing of potential bias," beyond the inherent conflict of interest. [read post]
26 Nov 2013, 6:51 am
Section 542.056, entitled "Notice of Acceptance or Rejection of Claim," provides that: (a) An insurer shall notify a claimant in writing of the acceptance or rejection of a claim no later than the 15th business day after the date the insurer receives all items, statements, and forms required by the insurer to secure final proof of loss. [read post]
25 Nov 2013, 6:41 am
My initial reaction was that these were terrible decisions that would enable any workers’ compensation claimant who was dissatisfied with a decision relating to his claim to challenge that decision in federal court. [read post]
24 Nov 2013, 3:35 pm
However, ACID had previously responded to all the arguments which they put forward here. [read post]
21 Nov 2013, 12:45 pm
This all stems from complications patients were having from defective Depuy metal-on-metal hip devices. [read post]
19 Nov 2013, 9:48 am
At the end of some appeals this court is left with the impression that the losing party really wants this court to try the case all over again on paper. [read post]
18 Nov 2013, 12:26 am
In a development that has the potential to change the way private securities suits in the United States are litigated, the U.S. [read post]
15 Nov 2013, 9:49 am
This is in contrast to claims of co-ownership, which accrue only once, when “plain and express repudiation of co-ownership is communicated to the claimant. [read post]
12 Nov 2013, 1:58 am
But research indicates that the average earning potential of beneficiaries with “work capacity” is a few thousand dollars per year—clearly insufficient to support oneself.12 Demographics Explain Nearly All Growth in Social Security Disability Insurance The Social Security disability programs have grown significantly since they were signed into law, as well as in recent years. [read post]
11 Nov 2013, 9:09 pm
Please note that, in all Clinic cases, the students, local counsel, and I act as advocates for the client. [read post]
7 Nov 2013, 6:30 am
All rights reserved under International Copyright Law. [read post]
31 Oct 2013, 1:38 am
Because we all have a stake in having as many companies as possible participate in the survey, it behooves all of us to try to get as many company as we can to respond. [read post]
30 Oct 2013, 9:01 pm
As the story points out, religious claimants don’t always win, but employers must litigate the cases, and more cases are being brought. [read post]
29 Oct 2013, 7:20 am
The trial court held that Sullivan, who was not an expert on business management, had uncritically accepted the claimant’s proffered explanation for a very short-term swing in profitability and revenue. [read post]
29 Oct 2013, 4:34 am
These are all well intentioned, but unless we take the time to deal with "one" then the claim is lost to the big statistical group.This is not an easy task in our current, process oriented, managed benefit system. [read post]
29 Oct 2013, 4:34 am
These are all well intentioned, but unless we take the time to deal with "one" then the claim is lost to the big statistical group.This is not an easy task in our current, process oriented, managed benefit system. [read post]
28 Oct 2013, 2:56 am
Judge Glenn specifically stated about these provisions that “coverage potentially afforded to the Individual Insureds for non-indemnifiable losses must be paid prior to any payments for matters implicating coverage potentially provided to the Debtors. [read post]
25 Oct 2013, 11:00 am
And for your weekly dose of humor, construction consultant (and all-around-good-guy) Jason Ulmenstine ponders the eternal question: Why NOT build the Death Star? [read post]
23 Oct 2013, 8:15 am
The CPI, however, has used the decision to support its overwrought generalization of charges against all industry-sponsored studies. [read post]
23 Oct 2013, 8:09 am
Among other things, the presuit requirements specify that the claimant must provide to the prospective defendant a list of all known health care providers who, during the two-year period prior to the alleged act of negligence, treated or evaluated the claimant, along with copies of all medical records. [read post]
