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  • California Further Defines the Hearsay Rules for an Expert Witness

    The hearsay rules can be a constant source of confusion for attorneys across the country. Even more so when an expert witness is involved. At issue is whether case-specific statements made by an expert witness, which form the basis of their expert opinion, qualify as testimonial hearsay and thus violate the Confrontation Clause. Facts In People v. Sanchez , police arrest Marco Arturo Sanchez and ...
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  • New Hampshire Requires Cooperation of Insured Individuals for Preservation of Claims

    Insurance litigation is a constant tug-of-war between insurance companies and the insured. There is a lot of back-and-forth between the parties over paperwork and required documents. Clear and effective communication are key to any good business relationship. This process of working through a claim for an insured customer can become difficult when the insured becomes unwilling to provide the ...
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  • Landmark Subrogation Decision in Oklahoma

    Subrogation recovery and claims are a constant concern for insurers and the companies they insure. A recent case in Oklahoma addressed subrogation rights, with the Oklahoma Supreme Court weighing in with their opinion. In Raymond v. Taylor , 2017 OK 80, 2017 Okla. LEXIS 82 (2017), the facts of the case are as follows. Mark Raymond and William Taylor were employees of Guy’s Seed, driving a vehicle ...
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  • Commercial Drone Operations From the Business Perspective

    It is 2017 and commercial drone operations are no longer a thing of the future. In September 2016, the Federal Aviation Administration enacted Federal Aviation Regulations Part 107, titled Small Unmanned Aircraft Systems. This authority allows licensed operators to fly small unmanned aircraft, weighing 55 pounds or less, for a commercial purpose. So, what does that mean for businesses, ...
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  • Our Sympathies To The Hurricane Victims

    The month of September 2017 has become the strongest hurricane month ever recorded, with five already hitting North America. As hurricane season continues, there is the potential for more to come, ravaging already damaged areas throughout the Atlantic coast. Our hearts and thoughts are with those who have been affected. We at Parker Straus have seen firsthand the damage that Hurricane Harvey ...
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  • FEMA Adjusts Disaster Recovery Financial Thresholds and Caps

    Annually, the Federal Emergency Management Agency (“FEMA”) adjusts certain financial threshold amounts for post-disaster Public Assistance (“PA”) Grant Programs. There are two separate financial indicators that are adjusted: (1) the Minimum Project Worksheet Amount and (2) the per capita impact indicator for the state and county. Additionally, the maximum amount individual households and families ...
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  • Making Your Personal Affairs Disaster & Recovery Ready

    Following a disaster, getting financial or in-kind assistance to start putting life back together will hinge on whether or not you have documents to prove who you are and what you actually owned. One of the things that FEMA has recommended is making a “Emergency Financial First Aid Kit (“EFFAK”). [1] The EFFAK is designed to help get you and your family onto the road towards disaster recovery. ...
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  • What is a Disaster Declaration?

    After a disaster strikes, the term “disaster declaration” is often on the news by reporters and public officials. But what is a disaster declaration and what does it do? What is a Disaster Declaration? A Disaster Declaration is a formal statement by the jurisdiction’s chief public official (i.e. Mayor, County Judge, or Governor) that a disaster or emergency situation exceeds their response ...
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  • Hurricane Matthew Presents Potential Recovery Headaches

    Hurricane Matthew was identified as a named tropical storm on September 28, 2016, and became a Category1 Hurricane on September 29, 2016. Matthew then grew in strength and blasted its way through the Caribbean, and along the United States’ Eastern seaboard impacting Florida, Georgia, South Carolina, and North Carolina. This single hurricane prompted two Emergency Declarations (EM-337 & EM-3380) by ...
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  • HHS Introduces Proposal for Medicaid Fraud Control Unit Program Changes

    In September 2016, a new rule was proposed that would codify statutory changes and amend several provisions of the Medicaid Fraud Control Unit (MFCU) program. MFCUs operate in 49 states, as well as the District of Columbia, and are designed to facilitate the integrity of the Medicaid program by combatting fraud and abuse. Only twice in its nearly forty-year history has the program itself been ...
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  • Are Broad Implications for Insurers Faced with Allegations of Bad Faith in Our Future?

    The Texas Supreme Court is primed to hear a case that could have broad implications for insurers faced with allegations of bad faith following a coverage determination averse to an insured. At issue is whether Texas law allows a plaintiff to recover policy benefits for an insurance company’s alleged “bad faith” in rejecting a claim when the insurer did not breach the insurance contract. Menchaca ...
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  • The Fifth Circuit May Expand a Relator's Ability to Bring Qui Tam Actions Even With Uncertainty of Damages

    The Fifth Circuit is currently hearing a case which, depending on the outcome, could greatly expand an individual’s ability to bring qui tam actions under the False Claims Act (“FCA”) by allowing a relator to sue a company for unassessed damages based solely on a statutory violation. The case currently pending before the Fifth Circuit is Simoneaux v. E.I. DuPont De Numours & Co. , No. 16-30141. ...
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  • Supreme Court Clarifies RICO's Extraterritorial Application

    In RJR Nabisco, Inc. v. European Community , the Supreme Court was asked to determine whether a private action under the Racketeer Influenced Corrupt Organization statute (“RICO”), 18 U.S.C. §§ 1961-1964, could extend to injuries that occurred outside the United States. The European Community (“EC”), on behalf of 26 of its member states, filed a civil suit against RJR Nabisco, Inc. (“RJR”) under § ...
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  • Recent Texas Decision Helps Define 'Prompt Notice' in Hail Claims

    Known for its mercurial nature and frequent severity, Texas weather has long been the subject of wry observation, but 2016’s Texas weather has been even more intense than usual. Freshest on our minds is the terrible flooding from May and June—even the seemingly all-night thunderstorms over the Fourth of July weekend, here in Tarrant County. Before that, though, were the hailstorms. March and April ...
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  • North Texas Chiropractors Convicted in Million Dollar Fraud

    U.S. District Judge Reed O’Conner and a federal jury convicted Drs. Abbas Zahedi and James Sterns of health care fraud in January 2015 in the Northern District of Texas. Dr. Zahedi of Carrolton, Texas was convicted of one count of conspiracy to commit health care fraud, five counts of health care fraud, and four counts of aggravated identity theft. Dr. Zahedi will serve 145 months in federal ...
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