Contesting Damages Involving Medical Lien Funding
8/4/17
By: Jason A. Kamp
Medical Lien Funding is a distinct flavor of litigation financing. Medical Lien Funding companies refer personal injury plaintiffs to medical providers for treatment, which is provided pursuant to a medical lien. Lien rates are higher than …
Informed Consent! What Is It Good For? Absolutely Nothing. Say It Again.
8/4/17
By: Shaun Daugherty
Ok. That may be a bit extreme. After all, it is in the American Medical Association’s Code of Medical Ethics and the concept is addressed in most medical professional organizations guidelines in one form or another. …
Bilt-Rite but Otherwise Wrong? – How Far does Design Liability Extend in Pennsylvania?
8/4/17
By: Scott C. Hofer
It has long been held that construction design professionals and others who engage in the business of supplying information to others for pecuniary gain may be held liable if incorrect information is provided. See Bilt-Rite Contractors, …
A “Genuine” Defense to the Bad Faith Lawsuit in California
8/3/17
By: Matthew S. Jones
It seems that “bad faith” lawsuits are becoming more and more prevalent in the California litigation landscape. While a bad faith claim can present serious implications and expose the insurer to extra-contractual damages, including punitive damages, …
Are We Seeing An Expansion of Whistleblower Litigation?
8/2/17
By: Mark C. Stephenson
Whistleblower recoveries are on the rise in regulatory and judicial proceedings. On the regulatory front, the Occupational Safety and Health Administration (OSHA) Whistleblower Program was launched in 2011 and had jurisdiction over claims made under the …
Employers Be Warned – A Single Use Of A Racial Slur Can Sustain A Workplace Harassment Claim
8/1/17
By: Barry S. Brownstein
Plaintiffs, Atron Castleberry and John Brown, brought a claim against staffing agency STI Group based upon their experience after being assigned to work as general laborers for Chesapeake. They allege in their lawsuit that a supervisor, …