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27 Jul 2015, 11:56 am by Cynthia Marcotte Stamer
Employers sponsoring group health plan coverage now or in 2014, check the adequacy of your insurer or third party administrator’s claims and appeals processes and notices. [read post]
27 Jul 2015, 8:53 am by Wystan Ackerman
Magistrate Judge Diane Welsh of JAMS explained how a procedure of doing individual mediations in select cases, with the individual plaintiffs present, was successful in achieving a mass settlement in a mass tort context. [read post]
25 Jul 2015, 10:05 am by Schachtman
White, “Mass Tort Litigation: Asbestos,” in Jürgen Georg Backhaus, ed., Encyclopedia of Law and Economics 1 (2014); Melissa Shapiro, “Is Silica the Next Asbestos? [read post]
11 Jul 2015, 2:14 pm by Cynthia Marcotte Stamer
The heavy reliance by group health plans and health insurers upon internet based applications and portals to carry out online enrollment, claims administration and payment, reporting and a host of other key health plan functions makes it particularly important for health plans, their employer or other sponsors, fiduciaries, vendors, and other involved in health plan administration or using or accessing health plan data to verify and ensure the internet data sharing and other applications and portals… [read post]
30 Jun 2015, 2:43 pm by Cynthia Marcotte Stamer
A Fellow in the American College of Employee Benefit Counsel, past Chair and current Welfare Benefit Committee Co-Chair of the American Bar Association (ABA) RPTE Section Employee Benefits Group, Vice Chair of the ABA Tort & Insurance Practice Section Employee Benefits Committee, former Chair of the ABA Health Law Section Managed Care & Insurance Interest Group,  an ABA Joint Committee on Employee Benefits Council… [read post]
30 Jun 2015, 10:53 am by Cynthia Marcotte Stamer
  While businesses inevitably will need to involve or coordinate with their accounting, broker, and other vendors involved with the plans, businesses generally will want to get legal advice in a manner that preserves their potential to claim attorney-client privilege to protect against discovery in the event of future enforcement or litigation actions sensitive discussions and analysis about compliance audits, plan design choices, and other risk management and liability… [read post]
11 Jun 2015, 5:22 am
  That’s right, a 9-member standing committee can propose something extremely biased to the House of Delegates that would never pass muster in the much larger and more diverse ABA organs, such as the Sections on Litigation or Torts & Insurance Practice. [read post]
4 Jun 2015, 5:56 am
”Second, “the claims in Buckman, which were directed at a defendant that was not the manufacturer of the devices and therefore did not have a manufacturer’s duty to warn purchasers of safety risks, did not “rely[] on traditional state tort law. [read post]
2 Jun 2015, 9:30 pm by Natalie Punchak
Gostin counsels states against adopting draconian solutions such as fining and imprisoning parents or resorting to tort litigation, arguing that these measures would create a backlash to vaccine policy. [read post]
28 May 2015, 9:05 pm by Walter Olson
Home lab butane cannabis fatality: “The Hash Oil contributory negligence lawsuit you’ve all been waiting for” [Elie Mystal, Above the Law] With Sheldon Silver out of the speaker’s chair, New York has better chance at reducing sky-high litigation costs [Manhattan Institute, earlier on scaffold law] Per Norton Rose Fulbright annual business survey, responding companies more than twice as likely to be facing five or more lawsuits if based in U.S. than if based… [read post]
26 May 2015, 12:12 pm by Podhurst Orseck
He also served on the plaintiffs’ steering committee in the bank overdraft fee litigation, which involved more than 30 of the largest banks in the U.S. [read post]
20 May 2015, 1:46 pm
In this toxic tort litigation concerning the Pelham Bay landfill, we hold that the reports and findings of the expert epidemiologists and toxicologists satisfy the standard employed in Frye v United States, that of general acceptance in the scientific community. [read post]
14 May 2015, 7:28 am
 In some cases, off-label use constitutes the standard of care.Id. at 938-39 (a half-dozen footnotes, including to Bexis’ 1998 article, omitted).Since we litigators use law review articles the way a drunk uses a lamppost – for support rather than illumination – we start to lose interest once the article shifts from “what is” to “what should be. [read post]
6 May 2015, 7:09 pm by Jon Gelman
., yesterday presented a statement to the Committee of the Whole before the Illinois House of Representatives.Professor John F. [read post]
27 Apr 2015, 10:14 am by Schachtman
Louis, across the river from a hotbed of mass tort litigation, Madison County, Illinois. [read post]
19 Apr 2015, 8:15 am by SHG
You see, Anti-SLAPP statutes are a good form of tort reform. [read post]
16 Apr 2015, 5:26 am
  “Unjust enrichment” – to the extent it exists as a stand-alone tort claim at all – varies widely between the 50 states. [read post]
8 Apr 2015, 11:27 am
            Hear from Federal and State Court Judges about their views concerning the management of mass tort litigation.8. [read post]