Issue by: Tom LoSavio Humana Medical Plan, Inc. v Western Heritage Insurance Company ____ F.3d ____ 2016 WL 4169120 (11th Circuit, August 8, 2016) The federal Medicare and Medicaid Acts have been called “among the most completely impenetrable texts within human experience.” Rehabilitation Ass’n of Virginia, Inc. v. Kozlowski (4th Cir. 1994) 42 F.3d 1444,…

April 04, 2014 | Author: Thomas J. LoSavio City of San Jose v. Superior Court of Santa Clara County (Ted Smith, Real Party) Sixth District Court of Appeal, Action # H039498 (Filed Mar. 27, 2014) 2014 WL 1254821 ____Cal.App.4th____ The California Public Records Act, Government Code section 6250 and following (“CPRA”); has as its general…

January 20, 2014 | Author: Guy W. Stilson Second District Court of Appeals, Action #B253308 (January 8, 2014) ____ Cal.App.4th ____ Time Limits for Witness Depositions In 2012, California Governor Jerry Brown signed into law (effective January 1, 2013) a bill that became Code of Civil Procedure section 2025.290. Subdivision (a) of the statute sets…

May 01, 2013 | Author: Thomas J. LoSavio Corenbaum v Lampkin ___Cal.App.4th____ 2013 WL 1801996 (April 30, 2013) In Howell v Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541 the California Supreme Court decided that a plaintiff’s recovery for past medical expenses is limited to the amount paid for the medical expenses after any…

February 22, 2013 | Author: Thomas J. LoSavio Aryeh v Canon Business Solutions, Inc. (2013) 55 Cal.4th 1185 The statute of limitations defense seems simple: when a party has waited too long to bring a claim, the claim is barred by the passage of time prescribed by the Legislature. Complexity arises when the following factors…

February 21, 2013 | Author: Thomas J. LoSavio Dissolved corporations are frequently sued after their dissolution has taken place in an effort to reach insurance policy coverage for the claim being made. California has a statute, Corporation Code §2010, which does not limit the time for bringing lawsuits against dissolved corporations. Other states have statutes…

February 13, 2013 | Author: Thomas J. LoSavio California courts have generally granted qualified experts wide latitude in permitting their opinion testimony to be heard by a jury. In the recent case of Sargon Enterprises, Inc. v University of Southern California (2012) 55 Cal.4th 747, the California Supreme Court clarifies the standards trial courts should…

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