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  • Beware Statute of Limitations Dates for Every Aspect of a Suit

    The statute of limitations can present issues for attorneys and clients when they begin to get close to that end-date. For a personal injury suit in Texas, a plaintiff must bring suit within two years from the date the cause of action accrues. Accordingly, the plaintiff not only must bring suit within that two-year window, but also must use due diligence to serve the defendant with service of ...
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  • Attorney Sanctioned for Use of Pre-Trial “Push Poll” Survey

    Pre-trial surveys are a tactic used by attorneys sometimes to gauge public awareness of an issue or to get a read on a community. These types of pre-trial activities can draw heavy scrutiny from the court and opposing counsel as they may believe that the attorney conducting the survey is attempting to sway public opinion on the matter. Surveys like these must be neutral and used for informative ...
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  • California Continues to Chip Away at the Duty to Defend in Insurance Cases

    The opioid epidemic still presents a large problem for lawmakers and health care providers as opioid use continues to hurt communities and destroy lives. It is estimated that 116 people die every day from overdoses linked to opioid usage, according to an article by the U.S. Department of Health and Human Services. This issue affects millions of people as around 2.1 million people suffer from an ...
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  • Cedra Pharmacy Claims Insurer, UnitedHealth, Pushing Them Out of Markets in RICO Suit

    In a RICO suit filed in the Southern District of Texas in December 2017, Cedra Pharmacy is claiming that UnitedHealth Group is excluding its new locations in California and Texas from its pharmacy benefits manager (PBM) network, Catamaran/OptumRX, in an attempt to lower competition in the specialty-drug market. Specifically, Cedra claims that the Defendants are engaging in “a pattern of economic ...
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  • Oklahoma Court: Indirect Contractual Relationship Can Invoke Coverage

    Despite having an indirect contractual relationship with the insured, three insurance companies are liable for coverage of the insured through contracts entered into by the insured’s subcontractors. A pipeline of JP Energy Marketing LLC caught fire while still under construction. Following this incident, JP Energy found itself embroiled in numerous lawsuits, which later resulted in an appeal, JP ...
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  • AI Assistance in Risk Assessment Could Majorly Cut Operating Costs

    Businesses are constantly striving for ways to cut costs while also keeping customer satisfaction high. This can be a tricky balancing act. Some companies are consolidating job responsibilities or investing in new technology to help with this issue. One technology that seems to show promise for many areas of commerce is artificial intelligence (AI). AI is being employed by many different types of ...
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  • Government Indicts California Docs for Falsified Medical Records

    Reading, and understanding, medical billing and records almost requires a medical degree, with the variety of tests, codes, and terms used to define each procedure. Capitalizing on the technicalities of medical billing, some providers have presented fraudulent billing to insurers and the government through Medicare and Medicaid. According to a report by the Office of the Inspector General, medical ...
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  • Supreme Court Denies Expansion Of Whistleblower Definition

    The Enron Corp. debacle and then the 2008 financial crisis caused quite a stir across the country. As the dust settled from these major financial meltdowns, Congress set out to pass legislation that would attempt to protect our financial institutions by making them more accountable. Congress enacted several laws to combat this threat, including the 2010 Dodd-Frank Wall Street Reform and Consumer ...
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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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