Res Judicata and Non-Parties
In law school, res judicata and collateral estoppel were two of civil procedure concepts that most of us figured we’d never need to know. After all, none of us would end up re-trying the same […]
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To Get Attorneys’ Fees, Be Aware That Your Billing Records Are Subject to Discovery
In Yamada v. Nobel Biocare Holding AG, ___ F.3d ___, No. 14-55263 (9th Cir. Apr. 20, 2016), a dentist brought a class action against the distributor of the dental implants he used in his practice […]
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Sovereign Immunity May Bar Recovery for Injuries Abroad
Late last year, the Supreme Court issued a ruling in Obb Personenverkehr AG v. Sachs, ___ U.S. ___, 136 S. Ct. 390 (2015) that reminded many practitioners that there is more to filing a tort […]
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Could Insurers Discourage Litigation by Expanding Coverage Options?
The Eighth Circuit Court of Appeals handed down a case earlier this year that has got to leave some people wondering if it pays to do the right thing. In Busch Properties, Inc. v. Nat’l […]
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Insurer’s Lien of Subrogation is Limited to the Funds Received by the Insured
The Supreme Court decided the case of Montanile v. Bd. Of Trustees of the Nation’ Elevator Industry Health Benefit Plan, 135 S. Ct. 1700, 191 L.Ed.2d 675 (2016) earlier this year. In Montanile, the victim […]
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Sticks, Stones & Retirement vs. Disability Benefits
The old children’s rhyme taught us that words couldn’t physically hurt us. However, the one rule lawyers should know is that a choice of words does matter. The recent case of Ertl v. Ertl, 871 […]
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Will the Consumer Financial Protection Board Reject Mandatory Arbitration Clauses in Consumer Credit Transactions?
Early in 2015, the Consumer Finance Protection Board submitted a report to Congress in response to their request, “to study ‘the use of agreements providing for arbitration of any future dispute . . . in […]
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Are Limits on Testing in the ER Contributing to Return Visits?
One of the things universal health care was designed to address was the use of the Emergency Room for routine medical care by uninsured individuals. It was hoped that if a person could call a […]
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