Long considered the American pacesetter and authority for the Law of Trusts, New York in recent decades has taken a backseat to other states who have made significant strides in the modernization of these statutes.   Such improvements have forced attorney’s in New York to look elsewhere to take advantage of more consumer friendly and powerful

The plaintiffs in this case sued to recover benefits under the long term disability benefit plans that were maintained by their former employers, Aviall, Inc., and Perkins Coie, respectively, and that were issued by the Prudential Insurance Company of America. The plans provided for a reduction of disability benefits if a disabled employee also received

Please click the link below to view The Recognition of “Ordinary” Mass Toxic Torts. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

The Recognition of “Ordinary” Mass Toxic Torts

Reprinted with permission from the Mass Torts Litigation Spring 2012,

Four years ago, in Fraser v. 301-52 Townhouse Corp.,[1] the Appellate Division, First Department, affirmed dismissal of a personal injury claim in a case involving injuries allegedly arising out of exposure to toxic mold after finding that the plaintiff’s submissions failed to raise a triable issue of fact that mold exposure caused adverse health effects.

The federal government has recently begun targeting physicians practice groups that have relationships with hospitals for Stark Law enforcement.

Bristol Hospital and Bristol Gastroenterology Associates recently agreed to pay $157,830 to settle allegations that they violated the Stark Law and other federal law due to improper leasing arrangements between the hospital and the practice group. 

On April 12, 2012, State Governor Andrew M. Cuomo issued an Executive Order to establish the New York State Health Benefit Exchange (the “Exchange”), in conformity with the federal Affordable Care Act.  The Order calls for the establishment of the Exchange within the Department of Health and to be funded entirely with federal funds until

CMS has included in the final rule for the 2012 Medicare Physician Fee Schedule the long awaited new policy relating to the so-called “three-day window”.  Simply stated, the new policy will wrap or bundle a patient’s payments for inpatient stays to include all services provided within three days of admission by a hospital wholly owned

In an era of evolving health care and advanced communications technology, there is room for participation by not only health professionals, but also business entities seeking to partake in the redesign of care processes and delivery of quality services. 

Instead of providing medical or clinical services, many have opted to become health supporters or concierge

As has been highlighted in this column on a number of occasions,[1] insurance fraud in connection with New York’s no-fault automobile insurance law[2] is a tremendously large problem that affects both automobile insurance companies and policyholders, leading to millions of dollars in losses and increased premiums. In an effort to combat no-fault insurance fraud, insurance

Insured’s Failure To Notify Insurer Of Arbitration Settlement Dooms SUM Claim

After the insured was involved in a car accident, he settled an arbitration with the alleged tortfeasor and then sought supplementary uninsured/underinsured coverage under his auto policy. The insurer denied the claim, asserting that it had not received written notice of the insured’s

A competitor of C.R. Bard, Inc., which manufactures urological medical products, alleged that Bard unlawfully had disparaged a catheter it manufactured by intentionally misrepresenting to prospective purchasers that nitrofurazone, an anti-microbial agent released into the catheter/urethra interface to protect the urethral tract and bladder tissues from infection, was an “antibiotic when it is in

Crystal Mandall started working as a dental assistant for a New Jersey dental center in November 2007. On April 20, 2010, she was arrested on criminal charges. She kept in touch with the dental center through a relative, promising to return to work as soon as she was released. She remained incarcerated until May 1.

Please click the link below to view the Claim Tossed Under the Bus. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

Claim Tossed Under the Bus

Copyright © 2012 by A.M. Best Company, Inc.  Reprinted with permission.  All rights reserved.

Please click the link below to view Should Healthcare In the United States be Considered a Public Utility?. Adobe Reader is required to view the bulletin. If Adobe Reader is not installed on your PC, click here to download and install.

Should Healthcare In the United States be Considered a Public Utility?

Reprinted with permission. 

Lawyers are not immune from the call of the Internet and the growing marketing opportunities that it represents. Lawyers who provide services to small businesses and individuals are particularly attracted to Internet applications that enable them to target potential clients before the client walks in the firm’s door.  Lawyers that use these Internet applications are