Archive: 2010
Posted August 29, 2010 in Jason D. Lazarus, J.D., LL.M. Settlement Planning
In Spencer v. Hartford, the Hartford was sued for alleged fraudlent practices related to structured settlements offerred to injury victims as part of settlements. The case is landmark and...
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Posted August 29, 2010 in Jason D. Lazarus, J.D., LL.M. Ahlborn, Liens, Medicaid
In a sure to be cited case, a Federal Judge in the Eastern District of Pennsylvania follows the Ahlborn decision and cuts a Medicaid lien by more than 50%.
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There is much confusion these days by liability insurers and defense counsel regarding when an MSA is necessary. I thought it might make sense to discuss when they are definitely not necessary.
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Posted August 16, 2010 in Jason D. Lazarus, J.D., LL.M. Medicare, Medicare Secondary Payer Act, MMSEA, MSP Compliance
In Hackley, a CT court followed Seger and compeled the plaintiff to provide his Social Security number which was requested as a term of settlement. However, there was no settlement since the parties...
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Posted August 3, 2010 in Jason D. Lazarus, J.D., LL.M. Medicare, Medicare Secondary Payer Act, MMSEA, MSP Compliance
In Seger, a federal district court ordered the plaintiff to comply with a MMSEA based discovery request.
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Posted August 1, 2010 in Jason D. Lazarus, J.D., LL.M. Settlement Planning
The Adrian v. Mesirow case holds an important lesson for trial lawyers.
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Posted July 30, 2010 in Jason D. Lazarus, J.D., LL.M. Ahlborn, Liens
This is a summary of the Florida post-Ahlborn case law.
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Posted July 28, 2010 in Jason D. Lazarus, J.D., LL.M. Medicare Set Asides
CMS is routinely NOT reviewing proposed Liability Medicare Set Asides
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Posted June 30, 2010 in Ahlborn, Liens
The Price decision illustrates the need to present evidence, at a hearing, regarding the total value of an injury claim for purposes of an Ahlborn reduction.
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Posted June 29, 2010 in Ahlborn, Liens
Armstrong v. Cansler affirms the Andrews v. Haygood decision that NC's Medicaid lien statute does not violate the US Supreme Court's holding in Ahlborn.
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