Merry Christmas And Happy New Year!

Matthiesen, Wickert & Lehrer, S.C. would like to thank all our clients and local counsel for a wonderful year and we wish you all a Merry Christmas, Happy Hanukkah, and a blessed Holiday Season. Regardless of what Christmas means to you, we hope your Christmas is full of holiday cheer shared with family and friends. For…

Debunking Corporate Successor Liability Defenses One Case At A Time

Many of our readers know how frustrating it can be to secure a judgment against a tortfeasor company only to see that company close down. However, an increasingly common scenario sees that same “company” resurrect itself as a new company shortly afterwards. Normally, the law protects successor corporations from the liabilities of its predecessors, and…

Matthiesen, Wickert & Lehrer, S.C. Wins Out-Of-Network Litigation In Colorado

While Matthiesen, Wickert & Lehrer, S.C. (MWL) attorneys are actively pursuing subrogation and reimbursement claims around the country for health insurers and plans alike, we are increasingly being asked to defend clients from out-of-network lawsuits by providers. These out-of-network or “usual, customary and reasonable charges” cases are not novel. In recent memory, these claims have…

Meet The Expert – Antoine Rios, Ph.D.

Complex litigation and subrogation cases involving product liability and/or technical issues frequently require opinion testimony in the form of expert witnesses. The role of the expert is to educate lay judges and juries who lack knowledge about a particular issue or technology involved in a case. This includes everything from the design of a complex…

Indiana Announces Subrogation-Friendly Rule When Landlord’s Carrier Seeks Recovery Against Negligent Tenant

An Indiana Court of Appeals decision issued on October 28, 2014 changes the landscape of landlord/tenant subrogation in the Hoosier State. For years, Indiana allowed an insurer to bring a subrogation claim against a tenant. LBM Realty, LLC v. Mannia, 981 N.E.2d 569 (Ind. App. 2012). A 1996 Court of Appeals decision appeared to announce…

Arbitration Forums Makes Rule Changes Related to Arbitrating Product Liability Claims Effective January 1, 2015

Many of our clients are members of Arbitration Forums, Inc. (AF), a nonprofit, private arbitration organization that facilitates arbitration hearings between its members. Companies can be a part of a number of different programs, including arbitrating property damage disputes. By joining AF, a member company signs a Property Subrogation Arbitration Agreement (Property Program). The signatory…