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8 Sep 2011, 8:16 am
And should drafters exercise that option, the future for claimants looks bleak. [read post]
8 Sep 2011, 4:36 am
Any such other relief as may be just and appropriate. [read post]
7 Sep 2011, 2:10 pm
Just as claimants should present all of their arguments for granting the claim to the insurer during the administrative process, an insurer should tell the claimant all of its reasons for denying the claim. [read post]
7 Sep 2011, 12:57 pm
All state laws vary. [read post]
7 Sep 2011, 9:07 am
The court explained that "[t]o qualify for disability under a listing, a claimant carries the burden of establishing that his condition meets or equals all specified medical criteria. [read post]
7 Sep 2011, 1:23 am
The competing claimants will be vying to secure the dwindling limits, adding a layer of complexity both for the defendants and for the FDIC. [read post]
6 Sep 2011, 3:16 pm
The revised 768.81(3)(b) provides as follows: In a products liability action alleging that injuries received by a claimant in an accident were enhanced by a defective product, the trier of fact shall consider the fault of all persons who contributed to the accident when apportioning fault between or among them. [read post]
6 Sep 2011, 12:39 pm
This is particularly important in consumer fraud class actions, where the defendant has the right to challenge each consumer’s reliance (or, in some states, whether the fraud “caused” the claimant’s injury). [read post]
6 Sep 2011, 6:41 am
Beyond paying those premiums, most people do not understand what other obligations they have as part of the policy. [read post]
6 Sep 2011, 1:56 am
Dukes case (refer here) that the gender discrimination claimants did not allege a companywide pattern of discriminatory practices and therefore their case could not proceed as a class action. [read post]
4 Sep 2011, 9:14 pm
And everyone will act all surprised when a totally unworkable definition of “proportionality” emerges. [read post]
2 Sep 2011, 5:14 pm
Kentucky applies retroactively to ineffective assistance of counsel claims raised on collateral review; and (2) whether Virginia provides adequate postconviction remedies when petitioner and others similarly situated are precluded from vindicating violations of the right to effective assistance of counsel under Padilla.Certiorari stage documents:Opinion below (Va. [read post]
2 Sep 2011, 11:39 am
But, we are going to start with the one case which is not as favorable towards lien claimants as the other cases we will tell you about shortly. [read post]
2 Sep 2011, 8:04 am
There may be different pluses and minuses in each design, and the existence of an alternative does not render all other alternatives necessarily defective. [read post]
2 Sep 2011, 6:25 am
Recovering personal injury compensation in North Carolina is trickier than in nearly all other states. [read post]
1 Sep 2011, 9:24 pm
Kerry Underwood has reminded me that he explored these issues all the way back in 1999 in his book No Win No Fee No Worries (well worth tracking down an old copy on Amazon). [read post]
1 Sep 2011, 6:53 pm
For 12 years, there was no communication between Reliance Standard and Withrow, other than Withrow’s monthly receipt of her disability check. [read post]
1 Sep 2011, 2:56 pm
Our firm reviews the case throughly to identify all of the insurance policies are found. [read post]
1 Sep 2011, 12:50 pm
As aforesaid, the Act creates one common Bar, all its members being of one class, namely, advocates. [read post]
1 Sep 2011, 11:25 am
The adjuster should discuss with the claimant all of these 19 points: 1. [read post]