Legal News

  • Supporting Association of Defense Counsel of Northern California and Nevada

    Supporting Association of Defense Counsel of Northern California and Nevada

    In support of the Association of Defense Counsel of Northern California and Nevada’s 20th Annual Golf Tournament at Silverado Resort in Napa, CA, happening on September 27, 2013 About the Association of Defense Counsel of Northern California and Nevada The Association of Defense Counsel is the only organization in Northern California and the state of Nevada devoted exclusively to representing the …

  • ADC Newsflash – Nickerson: California court upholds 10:1 ratio limit on punitive damages

    ADC Newsflash – Nickerson: California court upholds 10:1 ratio limit on punitive damages

    California appellate courts continue to impose limits on punitive damages. On August 29, a 10-1 limit on punitive damages was upheld. In Nickerson v. Stonebridge Life Ins. Co. (link below), the jury awarded plaintiff $35,000 in damages for bad faith insurance denial of benefits and $19 million in punitive damages. The trial court remitted the amount to $350,000, and the …

  • MSP Procedure Update

    MSP Procedure Update

    ALERT! We have recently experienced an increase in errors by COBC and/or MSPRC in processing information and conditional payment summaries related to liability claims and lawsuits.  Each entity blames the other for these mistakes.  Examples of errors include, but are not limited, to the following: COBC opening a file under the wrong name and/or Medicare number, despite correct information having …

  • Congratulations April!

    Congratulations April!

    Our Legal Assistant, April Yates, whom we have been delighted to have as a member of our team for two years, has just received notification TODAY that her score on the most recent Law School Admissions Test was 172 – placing her in the 99th percentile of all takers! April is an exceptional young woman who we are fortunate will …

  • An important HOWELL-related decision, STATE FARM AUTO INS. CO. v. HUFF

    An important HOWELL-related decision, STATE FARM AUTO INS. CO. v. HUFF

    An important Howell-related decision, State Farm Auto Ins. Co. v. Huff (June 11, 2013), was published today by the California Appellate Court, Fourth Appellate District, Division One, holding that enforcing a lien under the Hospital Lien Act ( C.C. Section 3045.1, et seq.) requires a hospital to demonstrate the reasonableness and necessity of its claimed charges. Pursuant to this decision, …

  • CORENBAUM v. LAMPKIN – Important new HOWELL-related case

    CORENBAUM v. LAMPKIN – Important new HOWELL-related case

    Earlier today, the California Court of Appeal, Second Appellate District, Division Three, issued its opinion in the matter of Corenbaum v. Lampkin, holding, inter alia, that “evidence of the full amount billed [for past medical services] is . . . inadmissible for the purpose of proving noneconomic damages.” The decision is highly significant inasmuch as it rejects the contention made …

  • Solving the Mystery of Medicare Secondary Payer Reimbursement

    Seana Thomas will discuss “Solving the Mystery of Medicare Secondary Payer Reimbursement” on March 28, 2013 at an MCLE-approved presentation sponsored by the Santa Barbara Legal Secretaries Association.  The meeting will be held at the Santa Barbara College of Law, 20 E.Victoria Street, Santa Barbara, California.  RSVP by March 20, 2013 to SBLPA, P.O.Box 2013, Santa Barbara, CA  93102.

  • MSP Update for Claims Professionals

    Seana Thomas will be presenting a Medicare Secondary Payer procedural update, emphasizing recent and upcoming changes in MSP law, to claims professionals in Pleasanton, California on March 19, 2013.

  • MSP Update for Claims Professionals

    Seana Thomas and Krystie Vance will be presenting a Medicare Secondary Payer Reimbursement Update to claims professional in Phoenix, Arizona on February 19-20, 2013.

  • Recent Developments in Medicare Secondary Payer Law and Procedure

    Seminar: December 6th, 2012 Seana Thomas will be discussing recent developments in Medicare Secondary Payer law and procedure at the 53rd Annual Convention of the Association of Defense Counsel of Northern California and Nevada on December 6th, 2012, at the St. Francis Hotel in San Francisco, CA. For more information, visit www.adcnc.org.

  • Recent Developments in MSP Law and Procedure

    Seminar: September 14th, 2012 — 1:30 p.m. Seana Thomas will be addressing the Association of Southern California Defense Counsel Santa Barbara Seminar, with colleague David Rosenbaum, on recent developments in MSP law and procedure on September 14, 2012 at 1:30 p.m. at Fess Parker’s Doubletree Inn in Santa Barbara, CA. For information, contact www.ascdc.org.

  • Avandia Decision – Case Decision Affects Medicare Part C & D Plans

    Avandia Decision – Case Decision Affects Medicare Part C & D Plans

    New Case Holds Medicare Part C & D Plans Have Right to Private Cause of Action Under MSP ear Friends and Colleagues: A significant new case from the Third District, In Re Avandia Marketing, etc., (Humana and other similarly situated plans) (Lexis 13230) has confirmed something we have seen coming given several recent CMS memos: The Medicare Secondary Payer Act’s …

  • MSPRC Announces New Online Tool

    MSPRC Announces New Online Tool

    The Medicare Secondary Payer Recovery Portal is expected to go live in June of 2012.

  • Civil Litigation Update – May 25, 2012

    Civil Litigation Update – May 25, 2012

    The LA Superior Court recently announced a $30 millon reduction plan in further response to the budget cuts they’ve encountered over the past ten years.  As a result of the reduction, 24 civil courtrooms will close, and, effective May 15, 2012, the court will no longer provide court reporters for civil trials.  Therefore, counsel and clients will need to make …

  • Medicare Bulletin – May 17, 2011

    Medicare Bulletin – May 17, 2011

    As I reported last Thursday, I received information from MSPRC on May 12, 2011 that the agency had placed an immediate moratorium on processing of Final Demands for Reimbursement and the new document entitled “Conditional Payment Demands”, both of which purport to require beneficiaries to reimburse Medicare for conditional payments attributed to a liability event within 60 days of the …

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