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  • Appellate

    The latest posts for Appellate are listed below.
    • Anti-SLAPP Statute Combats Conspiracy Claim

      SLAPPs (Strategic Lawsuits Against Public Participation) are often filed with the primary intent to censor, intimidate, or silence a defendant. By burdening the defendant with the costs of litigation, SLAPP suits seek to dissuade a defendant from exercising his or her First Amendment rights. To guard against the chilling effect of SLAPPs, 28 states, the District of Columbia, and Guam have enacted ...
    • 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 ...
    • 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 ...

    Artificial Intelligence

    The latest posts for Artificial Intelligence are listed below.
    • 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 ...

    Car Insurance

    The latest posts for Car Insurance are listed below.
    • The Liability of Self-Driving Vehicles

      On March 18, 2018, an Uber autonomous vehicle struck and killed a woman crossing a dark street in Tempe, Arizona. In early May 2018, a self-driving minivan of Waymo was involved in a crash in Chandler, Arizona. The first known fatality from an autonomous vehicle came in 2016 when one of Tesla’s autonomous vehicles failed to sense a tractor-trailer crossing the highway near Williston, Florida. In ...
    • Washington Court Holds Individual Insurance Adjusters Can Be Liable for Acting in Bad Faith

      A Washington court of appeals recently held “that an individual employee insurance adjuster can be liable for bad faith and a violation of the CPA,” according to Keodalah et al. v. Allstate Ins. Co., et al. , No. 75731-8-I (Wash. Ct. App. Mar. 26, 2018). The issue needed to be settled as there was a split among federal judges about whether non-insurer entities were exempt from bad faith and CPA ...

    Civil Procedure

    The latest posts for Civil Procedure are listed below.
    • Civil Procedure Rules Strike Again

      Insured Sees Claim Dismissed for Improper Joinder For many attorneys, the rules of civil procedure are like a minefield. There are hidden traps everywhere as they seek to move their case along. One wrong step and BOOM, your case could be dismissed. That is exactly what happened in a recent case out of Dallas in Caruth v. Chubb Lloyd’s Insurance Company of Texas , No. 3:17-CV-2748-G. (Full case ...

    Customer Satisfaction

    The latest posts for Customer Satisfaction are listed below.
    • 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 ...

    Drones

    The latest posts for Drones are listed below.
    • 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, ...
    • UNCERTAINTY HOVERING OVER UAS USE......ARE DRONES COVERED UNDER STANDARD HOMEOWNER'S INSURANCE POLICIES?

      Traditionally, drones, or unmanned aerial systems (UAS), bring to mind images of robotic aircraft armed with bombs or missiles patrolling some of the world’s deadliest regions. However, over the past few years, drone use has become increasingly recreational. So much so that drone sales were predicted to increase by approximately 50% from 2014 to 2015. The Consumer Electronic Association predicted ...

    Expert Witness

    The latest posts for Expert Witness are listed below.
    • 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 ...

    False Claims Act

    The latest posts for False Claims Act are listed below.
    • False Claims Act and the Materiality Standard

      Supreme Court Seeks Solicitor General’s Views on Certiorari for FCA Materiality Standard FCA History It comes as a surprise to many that the False Claims Act (FCA), 31 U.S.C. §§ 3729 – 3733, stretches back to the Civil War. Originally enacted in 1863 to combat fraud against the Union Army by suppliers, the FCA was not changed significantly until 1986, at which point double damages were increased ...
    • Dallas Attorney Defrauds Federal Government of Approximately $26 Million

      Workers’ Compensation Scheme targets the Department of Labor Tshombe Anderson, a Dallas-area attorney, was sentenced to 10 years in federal prison and ordered to pay approximately $26 million as restitution for a fraud scheme he ran. Anderson, along with his wife, sister, and niece, filed false claims for medical equipment with the Department of Labor’s Office of Workers’ Compensation Program. The ...

    Healthcare Fraud

    The latest posts for Healthcare Fraud are listed below.
    • Prime Healthcare Primed to Pay $65M in FCA Settlement

      Prime Healthcare Services and its CEO recently agreed to pay $65 million to settle a whistleblower suit alleging that 14 Prime hospitals in California violated the False Claims Act (FCA) by “upcoding” the care of Medicare patients. See Press Release, U.S. Dep’t of Justice, Prime Healthcare Services and CEO to Pay $65 Million to Settle False Claims Act Allegations (Aug. 3, 2018), ...
    • HHS $2B Healthcare Fraud Takedown

      The Department of Justice is taking on “the most defendants ever charged in health care fraud” as the nationwide opioid crisis continues. Almost 200 doctors and 220 other medical professionals have been charged with opioid-related crimes since January 2017. According to Attorney General, Jeff Sessions, “this is the most doctors and the most medical personnel, and the most fraud that the Department ...

    Home Owners Insurance

    The latest posts for Home Owners Insurance are listed below.
    • 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, LLP Attorneys at Law have seen firsthand the damage that ...
    • 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 ...
    • 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 ...

    Insurance

    The latest posts for Insurance are listed below.
    • 4th Circuit Voids "Other Insurance" Clause in Yacht Crash Coverage Dispute

      Beware of state statutory language that can shift liability In a recent decision, Nat’l Liab. & Fire Ins. Co. v. State Farm Fire & Cas. Ins. Co. , No. 17-1969 (4th Cir. May 31, 2018), the 4th Circuit Court of Appeals ruled that an insurance company could not use an “other insurance” clause in its personal injury policy to shift all liability stemming from a yacht accident to a fellow insurer. ...
    • 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 ...
    • 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 ...

    Insurance Claims

    The latest posts for Insurance Claims are listed below.
    • 4th Circuit Voids "Other Insurance" Clause in Yacht Crash Coverage Dispute

      Beware of state statutory language that can shift liability In a recent decision, Nat’l Liab. & Fire Ins. Co. v. State Farm Fire & Cas. Ins. Co. , No. 17-1969 (4th Cir. May 31, 2018), the 4th Circuit Court of Appeals ruled that an insurance company could not use an “other insurance” clause in its personal injury policy to shift all liability stemming from a yacht accident to a fellow insurer. ...
    • Ace in the Hole: Insurer Escapes $105.7M Judgment

      Last year, in Great Am. Ins. Co. v. Hamel , 525 S.W.3d 655 (Tex. 2017), the Texas Supreme Court decided that a judgment rendered against an insurance company’s policyholder in an underlying action was unenforceable against the insurance company because the judgment was not the product of a fully adversarial proceeding. In what may be the first federal use of the Hamel decision, a Texas federal ...
    • SC Supreme Court Supports Insurer’s Direct Suit for Attorney Malpractice

      South Carolina joins 24 other states in monumental ruling A divided South Carolina Supreme Court recently ruled that an insurance company may directly pursue a legal malpractice claim against counsel retained to defend its policyholder. The decision in Sentry Select Insurance Co. v. Maybank Law Firm LLC et al. , No. 27806 (S.C. May 30, 2018), changes roughly 200 years of South Carolina common law ...

    Loss-of -Use Damages

    The latest posts for Loss-of -Use Damages are listed below.

    Maximum Medical Improvement

    The latest posts for Maximum Medical Improvement are listed below.
    • Washington Supreme Court Sides with Insureds on PIP Coverage

      In a decision earlier this month, the Washington Supreme Court held that state regulation prohibits insurers from denying a policyholder’s personal injury protection (PIP) coverage even if it is not necessary to achieve maximum medical improvement (MMI). Durant v. State Farm Mutual Auto Ins. , No. 94771-6, 2018 WL 2727997 (Wash. June 7, 2018). Background A State Farm policyholder was denied PIP ...

    Medicaid Fraud

    The latest posts for Medicaid Fraud are listed below.
    • Prime Healthcare Primed to Pay $65M in FCA Settlement

      Prime Healthcare Services and its CEO recently agreed to pay $65 million to settle a whistleblower suit alleging that 14 Prime hospitals in California violated the False Claims Act (FCA) by “upcoding” the care of Medicare patients. See Press Release, U.S. Dep’t of Justice, Prime Healthcare Services and CEO to Pay $65 Million to Settle False Claims Act Allegations (Aug. 3, 2018), ...
    • Don’t Mess with Texas Medicaid

      Texas Reaches $15.2M Settlement with Fraudulent Medicaid Providers Texas Attorney General Ken Paxton announced on May 30, 2018 that the state of Texas reached settlements totaling $15.2 million with a group of Dallas-Fort Worth area Medicaid rehabilitation therapy providers that were accused of making false statements and conspiring to avoid repaying unauthorized Medicaid benefits. Background ...
    • Physician In McAllen, Texas Convicted of Healthcare Fraud After Eighteen Years

      For 18 years, Jorge Zamora-Quezada, a physician based in McAllen, Texas, enjoyed a lavish lifestyle—flying in private jets, driving luxury vehicles, and purchasing high-end clothing—at the mercy of his patients who underwent numerous medical treatments upon false diagnosis. Zamora-Quezada and his co-conspirators traveled between the Rio Grande Valley and San Antonio conducting unwarranted ...

    News and Events

    The latest posts for News and Events are listed below.
    • 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, LLP Attorneys at Law have seen firsthand the damage that ...
    • 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 ...
    • 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. ...

    News Cateogry

    The latest posts for News Cateogry are listed below.
    • 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, LLP Attorneys at Law have seen firsthand the damage that ...
    • 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. ...
    • 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 ...

    Personal Injury Protection

    The latest posts for Personal Injury Protection are listed below.
    • Washington Supreme Court Sides with Insureds on PIP Coverage

      In a decision earlier this month, the Washington Supreme Court held that state regulation prohibits insurers from denying a policyholder’s personal injury protection (PIP) coverage even if it is not necessary to achieve maximum medical improvement (MMI). Durant v. State Farm Mutual Auto Ins. , No. 94771-6, 2018 WL 2727997 (Wash. June 7, 2018). Background A State Farm policyholder was denied PIP ...

    Product Liability

    The latest posts for Product Liability are listed below.
    • Punitive Damages Slashed for Medical Supplies Manufacturer

      Sell at any cost. This seems to be the motto of Kimberly-Clark Corporation and Halyard Health Inc., as they pushed their defective MICROCOOL* Surgical Gowns to the medical community. A quick glance at their website will reveal that the gowns are designed to be fluid, microbial, flame, lint and abrasion resistant, but a Los Angeles jury did not agree. The jury delivered a whopping $454 million ...

    Qui Tam

    The latest posts for Qui Tam are listed below.
    • False Claims Act and the Materiality Standard

      Supreme Court Seeks Solicitor General’s Views on Certiorari for FCA Materiality Standard FCA History It comes as a surprise to many that the False Claims Act (FCA), 31 U.S.C. §§ 3729 – 3733, stretches back to the Civil War. Originally enacted in 1863 to combat fraud against the Union Army by suppliers, the FCA was not changed significantly until 1986, at which point double damages were increased ...
    • Dallas Attorney Defrauds Federal Government of Approximately $26 Million

      Workers’ Compensation Scheme targets the Department of Labor Tshombe Anderson, a Dallas-area attorney, was sentenced to 10 years in federal prison and ordered to pay approximately $26 million as restitution for a fraud scheme he ran. Anderson, along with his wife, sister, and niece, filed false claims for medical equipment with the Department of Labor’s Office of Workers’ Compensation Program. The ...

    racketeering

    The latest posts for racketeering are listed below.
    • 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 § ...

    RICO

    The latest posts for RICO are listed below.
    • False Claims Act and the Materiality Standard

      Supreme Court Seeks Solicitor General’s Views on Certiorari for FCA Materiality Standard FCA History It comes as a surprise to many that the False Claims Act (FCA), 31 U.S.C. §§ 3729 – 3733, stretches back to the Civil War. Originally enacted in 1863 to combat fraud against the Union Army by suppliers, the FCA was not changed significantly until 1986, at which point double damages were increased ...
    • Dallas Attorney Defrauds Federal Government of Approximately $26 Million

      Workers’ Compensation Scheme targets the Department of Labor Tshombe Anderson, a Dallas-area attorney, was sentenced to 10 years in federal prison and ordered to pay approximately $26 million as restitution for a fraud scheme he ran. Anderson, along with his wife, sister, and niece, filed false claims for medical equipment with the Department of Labor’s Office of Workers’ Compensation Program. The ...
    • 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 ...

    Sanctioned

    The latest posts for Sanctioned are listed below.
    • 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 ...

    Statute of Limitations

    The latest posts for Statute of Limitations are listed below.
    • 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 ...

    Taxi Services

    The latest posts for Taxi Services are listed below.
    • NEW TAXI SERVICES IN INSURANCE LIMBO?

      UBER, SIDEBAR, and LYFT: Are these new taxi services driving around in insurance limbo? Over the past few years, transportation networks companies (TNCs) such as Uber, Sidecar, and Lyft have emerged throughout major cities in the United States, and some even worldwide. TNCs are defined as organizations that provide prearranged transportation services for compensation using an online-enabled ...

    Unassessed Damages

    The latest posts for Unassessed Damages are listed below.

    Wrongful Death

    The latest posts for Wrongful Death are listed below.
    • Second Circuit Holds Insurance Companies Had Duty to Defend in Wrongful Death Lawsuit

      Second circuit reverses decision in coverage dispute over construction site fatality A lawsuit from 2014 alleges that Hellman Electric Corporation, the Metropolitan Transportation Authority, and the Triborough Bridge and Tunnel Authority negligently caused the death of Nicholas Cavataio when a 2,700-pound battery struck him at a construction site. Cavataio was an employee of Hellman at the time of ...
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