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, 1450. This case considered whether the Medicare Secondary Payer Act (“MSP”) provisions for a private cause of action, with mandatory double damages, permits a…

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The California Public Records Act, Government Code section 6250 and following (“CPRA”); has as its general purpose to require that public business be conducted under the hard light of full public scrutiny to permit the public to decide for itself whether government action is proper. To that end, disclosure, not secrecy, is the dominant objective….

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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 a seven hour maximum time limit for the deposition of a witness by counsel (other than the witness’ own counsel), except that the court “shall” allow…

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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 contracted-for discounts rather than the larger amount billed to the plaintiff prior to the application of those discounts….

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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 are considered: what is the applicable time period; when does it begin; are there circumstances when the time…

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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…

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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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