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November 4, 2021

Navigating the Shifting Landscape of MSP Compliance

The wait for proposed rulemaking related to Medicare Secondary Payer (MSP) compliance obligations regarding future medical services in liability settlements continues. Although the Department of Health and Human Services issued their initial notification of proposed rulemaking in the fall of 2018, the target date has been moved several times and is currently set for October of 2021. However, focusing solely on the notice of proposed rules will cause a practitioner to overlook the impact of important MSP compliance changes taking place with Section 111 Mandatory Insurer Reporting obligations on settlements.

October 1, 2021

Doberman Pinscher Attacks

Dobermans are beautiful dogs that are medium to large in size and extremely intelligent. Years of breeding have made them swift with a powerful and damaging bite. Combine this with their fierce loyalty and territorial behavior, and you have a dog that will protect its territory …

September 23, 2021

Financial Abuse in Nursing Homes

Placing a family member in a nursing home can be a difficult and overwhelming experience. All families want the very best for their loved one. If you believe that a loved one or elderly person in your life has experienced financial abuse in their nursing home, …

September 21, 2021

TCH Partner Brett Turnbull Notches $9 Million Victory

On October 11, 2019, an Alabama jury returned a $9 million verdict for the family of Hope Johnson in a wrongful death medical malpractice case. This verdict breaks records for Lee County, Alabama.

September 21, 2021

Wais, Vogelstein, Forman, Koch & Norman to Lead Sexual Harassment Class-Action Lawsuit in Maryland

Wais, Vogelstein, Forman, Koch & Norman, LLC. (WVFK&N), in partnership with Spector & Kopec, LLC., announced a class-action lawsuit against a Maryland doctor accused of sexual harassment. The class-action lawsuit will focus on the behavior of Hugo Benalcazar, MD, a Harford County neurosurgeon whose medical license was suspended after The …

September 18, 2021

Dealing with Burnt Trees After the Dixie Fire

One of the first post-fire issues landowners face is property cleanup. Debris can include homes, vehicles, structures, personal property, chemicals, and toxins. Debris cleanup also includes burnt trees. How and when to remove damaged trees is one of the most complicated situations an owner will have to deal with post-fire. How

September 13, 2021

Testing Bar Counsel’s Power

As one law professor wrote, this oral “argument delve[d] into the philosophy of attorney regulation and the appropriate role of disciplinary counsel in a way that few cases do.” Issue: Should the …

September 2, 2021

FEMA Help and the Dixie Fire

FEMA aid is now available for Dixie Fire survivors.  Aid can include money for temporary housing, for repairs, and for certain personal properly losses. Deadline for registering is October 15. The catches: By and large, FEMA helps only when the loss is uninsured or underinsured.  For example, if your

August 30, 2021

These are the Best Tax Planning Tools for Contingent Fee Lawyers

Attorneys have a unique opportunity, not available to others who earn professional fees, to take their contingent legal fees and invest them on a pre-tax and tax-deferred basis to smooth out their income. This article answers some frequently asked questions about attorney fee structures and deferral of contingent legal fees.

August 23, 2021

PG&E Dixie Fire and the Truckee Jet Crash

Some media outlets have reported that poor visibility from the PG&E Dixie wildfire smoke may have caused the Bombardier Challenger jet crash in Truckee.   If true, would that make PG&E liable? Probably not. PG&E is liable to those whose property burned in the Dixie Fire, or those whose property

August 14, 2021

Dixie Fire and California FAIR Plan Coverage

I was covered for the Dixie Fire under the California FAIR Plan.  What now? The good news is that FAIR Plan policies pay for the cash value of your dwelling, and the cash value of its contents.  But that’s about it. No rebuilding costs. Most FAIR Plan policies pay

August 11, 2021

Dixie Fire: More on PG&E’s Ability to Pay

The Dixie Fire is now the second largest wildfire in California history, at nearly 500,000 acres.   So far, it has destroyed more than 1000 structures, including 550 homes.  It has totally destroyed the town of Greenville. Though the fire boundaries are huge, it’s unlikely that PG&E’s financial liability from the

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